The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-07-19
! Attorney eeneral Bowdsn

The following decision has been rendered
by Attorney General Bowden:
RICHMOND, Va, July Il, 1855.
To the Hon. F. H. Pierpont, Governor
Of VirginiaZsir: Your note Of the 18th
inst, enquiring whether persons who held
Office under the so-called Confederaey, or
any rebellious State Government, are eligi-
bic to county offices has been received Ny
opinion is that such persons are not eligible
to any Constitutional Offices. The 6rst Sec
tiOn of an article CT the Constitution pro-
vides that no person shall vote or hold Office
under this Constitution who held ofiics un-
der the so-called Confederate Government,
or under any rebellious State Government,
or who has been a member Of the so-callsd
Confederate Congress, a member Of any
State Legislature in rebellion against the
Government Of the United States, except
ing where county Offices are. Of use under
this Constitution. Under the provision cited
all persons embraced .hersin who are pro
hibited from holding Constitutional Offices
in this prohibition, do not include such
persons as have heretofore held mere coun-
ty offices under any rebel State Government.
regard this as tie true Interpretation Of
the provision in question
The article is mainly employed in describ-
ing the classes Of persons who shall not
hold Office. have, therefore, construed the
words excepting these from county eficors,
so IS to accord with the general intent Of the
provision not as meaning peraans holding
office under the Confederate government, a.,
could be elected 10 county offices, but ss
meaning that all persons who have been
mere county officers may hold any constiiu-
tional Office are of two interpretations, which
must be given to the section in question. II
was the intention Of the trainers Of the CON
stitution eithsr frst TO limit the eligibility
of all the class mentioned, TO mere cOuntyof
heesj or second, to exclude all classes mem
toned, save county officers from eligibility
to an Office, and to confer on mere county
officers, the right to bs elected to any par
ish where q county officer otherwise is. I
HAA NANAAA1 VI AhS FAAAAVL hAelA NAAe AAAtEl u
the true intention The contrary coustruc-
ton of the section would be attended with
many anon allies. First, it would permit
any officer Of the so-called confederate gov
ernment to hold a county Office, when by
the terms Of the article originally adopted,
and as it stood until recently amended, he
could not vote for a-other person for the
same Office Of merely local and Unite juris-
diction, would be placed under the same
bond with the highest officers Of the social
led eonfederscy or rebellious states govern.
ment. Again, as have already said, the
seetion in question is mainly employed in
describing the classes Of persons not eligibl
to Office.
This construction accords with the general
intent. It constructs the words, excepting
therelrom county officers as descriptive per-
sons among, aud net as not indicating the
offices to which the prescribed are, notwith-
standing their prescription, eligible TO.
The opinion am giving refers merely to
Constitutional officers; as 10 such officers ss
are not created by the Constitution, the
prohibition before mentioned does not apply.
Very respectfully,
THos, R. BowDEy, Atty Cen, Va.
EEE YoRk, July ls.-The Times wash
ingion special says the pardon bureau is
still overrun with applications. Among
them are those Of Gusiayus A. Henry, from
Tennessee; II. ". Willard, formerly mem
Der Of United States Congress, for Alabama /;
j. D. Halliburton, United States District
Judge for Virginia; MA Hollius, U. s. n,
of Greytown notoriety A. j. Halliburton,
U.s.N.; Jas. H. Lane, Brg. General in the
rebel army; Gov. Magrssb, Of South Car
olina and men Of Alabama.
The Herald's special sa y delegation had
arrived from South Carolina consisting Of
B. F. Perry, Provisional Governor, j. J..
Orr, c. J. Elepsd, J. W. Grady, W. NJ. Liteh
and Foster Brodgood.
The present series Of the 7-2o loan viii
probably all be absorbed within wes1 or
ten days. This is the last Of TIE ak hun
dred million loan suthoriz~f at the last ses-
sion Of Congress. Wnen the soldiers are
paid Of, with ne decrease Of the Govern
meut's expenses, the Secretary viii be able
% get along until Congress mesta, with the
use Of certificates Of indebteness and tenn
p9rary loans.
It is understood that Gen. Almonte is ia
New York, incog on his way TO Austria
aud Belgium for more assistance for Maxi
milan, and desires to have an interview
with President Johnson.
NEW YoRk, July ls.--The steamer Ellen
brings EeWbsrn advices Of the 18th
The Raleigh Progress says that solitary
case Of yellow fever has appeared At viii
minglOn.
The Progress speaks IN the highest lermi
Of the administration Of Governor Holden
Il also sets forth the CREST benefits Nevberr
has received By the influence Of EortherI
business men. IN 1858 it vas deemed i'm
practicable 70 run a line Of steamers 70 New
York, but now there are two, and one or tw
20 Baltimere.