The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1865-07-19
BYs TELECRAPH.
Decision by the Attorney Gen-
ii - eral Of Virginia.

New YoKK, July 49,
The following decision has been rendered
by Attorney General Bowden, ofVa.:
i RIcHMoND, July L. 1866. Hon. F. n.
Pierpont, Governor Of Virginia-Sn: Your
note of the 18th inst, inquiring whether per.
sons who held Office under the so-called Con-
federate or any other rebelious State govern
ment, are eligible to county Offices, has been
received, and am Of the opinion that such
persons are not eligible TO any constitutional
Office. The first section of article 5, of the
Consultation provides that no person shall
vote or hold Office under this Constitutien,
Who has held office under the so-called Con-
federate government, OF under any rebellous
State government, or who has been . member
of the so-called Confederule COaerem, or a
against the authority OF the United States,
excepting thersfrom county officers
There are county Offices which are Offices
under this constitution. Under the provisions
| cited all persons embraced therein are pro-
hibited from holding constitutional Offices In
| this prohibition are not included such persons
| as have heretofore held Offices under any reb-
| ell State government.
regard this as the true Interpretation of
| the provisions Of the question. The article is
mainly employed in describing the classes of
persons who shall not hold Office. / have,
| therefore, construed the words, excepting
therefrom county ofhcers,n 30 as to accord
| With the general intent of the provisions, not
as meaning that holding Office under the Con:
| federate government, DC, could be elected to
county Offices, but as meaning that al persons
who have been mere county Offices may hold
any constitutional Office. One of two inter
pretations must be given to the section in
question. Ii Was the intention of the trainers
of the Constitution, FIRST, to limit the eligi-
bility OF all the classes mentioned, to mere
county Offices, or, secondly, to exclude all
classes mentioned from serving as county OIL
ces from eligibility to any office, and TO con
| fer on mere county officers the right to be
elected 10 any position, whether a county Of
fee OF otherwise. am clearly of the opinion
that the latter is the true Interpretation
The contrary construction of the section
would be attended with many anomalies; first
| it would permit any officer Of the so-calied
Confederate government TO hold county Of
| flee when by the terms Of the article as orig
inally adopted, and as it stood until recently
amended he could not vote for another per
son for the same Office second, county Off
GERS of merely local and limited jurisdiction
| would be placed under the same ban with the
highest officer Of the so-called Confederacy or
rebellious State government Again. as |
have already said. the section in question is
mainly employed III describing the classes OF
persons not eligible to Office, the construction
aceoris with the general intent,i, e. itconstrues
the words, excepting county officers, a.
ieso1ptid personorss and not as indicating
the offices TO which the proecrbed classes are,
notwithsiang their prescription eligible. The
| opinion am giving serves merely to consti-
tutiond offices as are not created by the Con
| stitutlon TO which the prohibition, before men.
toned does not apply
| Very resectfully.
tSigned) THos. X. BowDES,
| Attorney Gen. of Va.