Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-07-19
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Eligibility of Persons 10 Office in
SVirginiH-Dec Decision by Che qkttor-

ney %enerHI. EEesS HW
NEW YohK, July 1S+The. following de-
cision has been rendered by Attorney Cen
eral Bowden, Of Virginia.
RICHMOND, Va, July Ia, 1865.
70 Hpa, e; ~ Pieypont, ,Gorerysor. of,KG.;
SIRIY our,note Of the 18th inst, inquir-.
ing Whether persons who Held office under
the so-called Confederate or rebellious
State Governments are eligible to county
offices, has been received. Opinion-That
such persons are not eligible to any Copsti-
tution offices. The first section ofla3ticle
Sd Of the Constitution provides that no per-
son shall vote or hold Office under this Con-
.stitutiom who has held Office l,itlder the sO-
called Confederate Government, or under
any rebellious State Government, or who
has been member of the so-called Confed-
crate Congress, or member of any State
Legislature In rebelliOnagainst the author
ity of the United States, excepting there
from county officers. There ARE county
offices Which are Offices under this Consti-
tuition. Under the provision cited, all per-
sons embraced therein are prohibited from
holding constitutional offices. In this pro-
hibition are not included such persons rs
hhye heretofofel held there Sotihty fOfiices
uhdefu any rebel State uGovernhnent.
l regard this as the true interpre-
tation of the provision in question.
Tbe article is mainly employed in
describing the classes OF persons who shall
not hold Office. have therefore construed
the words ''eXceptihg therefron county.
officers" SO as to accord with the general
intent Of the provision, notas meaning that
persons uh0lding office under the Gonfede-
rate Government etc., could be elected to
county offices, but as meaning that all per-
sons who have been mere County officers
may hold any constitutional office.
One Of wointerpretatiops must bergiven
to the section in question: 1t was the in
tention of the trainers of the Constitution
either, first, to limit the eligibility of all the
classes mentioned to mere county offices;
or, secondly, to exclude all classes mem
toned from eligibility to any office, and to
confer Oh mere county officers the fight to
be elected to any position, whether county
Office or otherwise. ,,..r
am clearly of the opinion that the latter
is the true intention. The contrary con-
structioHof the section would be attended
wiBir many anomalies; for, first, It would
permit any officer of the so-called Confed-
crate Government, to hold q county office,
when, by the terms OF the article as origin
ally adopted, and as 1t stood until recently
amended, he could not vote for another
person for the same office ;.,second, county
ofiicersof merely loyal and limited 5uris-
| diction would be placed under thesa ban
with the highest officers of the so-called
Gonfederacy or rehellious State Govern
menU. IN ..,.1... -
Again, as 1 have already said, the section
in question is mainly employed in describ.
ing the classes Of persons not eligibleto of
flee. This cOnstruction -accofds with the
| general INTENT, e., il COnStrueS the words
excepting therefrOm county officers" as
deScriptia, ,perSOnarun,, and not as indicating
the offices to which the prescribed classes
are, notwithstanding their prescription
eligible. The. opinion am giving refer:
merely to constitutional offices, as to such
offices as are noticed by the Constitution
prohibitions before7 mentioned do moi
apply.
Very. respectfully .-.----,,..---r-r
Il GISignedl :. ;tTHos.- r RABowDEN,
Atty Gen1 of Virginia.