The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-01-17
For the Standard.

MEssRs. EDITORS Having seen IL the
proceedings of the late session of the General
Assembly, that it appeared to be the opin-
ion of that body, that Trusteeship OF the
University was vacated by the ordinance OF
the Convention " declaring vacant certain
Offices of the State in existence on the TWEEN
ty-sixth day of April, 1865" feel it to be
NV duty to place before the public the opln-
ion of very eminent citizen ofthe State now
no more, bearing directly on this subject !.
The ordinance declares that no officer OF
the State, who may have taken an oath OF
office to support the Constitution OF the Con-
federate States, shall be capable OF holding
under the State any Office or place OF trust or
profit, which he held when he took such oath
to support the Constitution of the Conteder-
ate States, until he may be reappointed or
reelected to the same; and all the oIflces
held by such persons are hereby declared va
can't"
The only question, so far as regard trus-
teeship of the University is whether that is
an "office or place of trust or profit.
1t would seem obvious, from the ordinance
itself, that the office or place, held by the
person displaced, was such an one only, as
required an oath of Office for qualification,
for he only Is declared incapable of holding,
without reelection or reappointment, the OF
flee or place. which he held when he took
the oath to support the Constitution of the
Confederate States. Now a trustee takes no
such oath.
Again, the office or place of trust or profit,
held by the incumbent, must have been such
an one as was held underthe State. The Ian
guage for the ordinance was carefully select
ed from section A, article 4, of the amend
ments to tine State Constitution; which is In
the following words: No person who shall
hold any office or place of trust or profit I'M
der this State, or any other State Or govern
ment, shall hold or exercise any other Office
or place of trust or profit under the authori-
ty of this State, or be eligible to a scat in
either house Of the General Assembly: Pro
vided, that nothing herein contained shall
extend to officers in the militia or justices of
the peace" But again, the place OF trustee
of the University has not been held to be an
office or place of trust or profit under the
Staten
In December 1885, when was first a mem
Der of the General Assembly, (the first year
after the adoption of the article and section
aforesaid,) there was much controversy
dDOuG INC proper HUI ticlutioh VI 1h"p ooN
ton. 1t arose from the pending election of
two Senators of the United States, and the
equal party division of the members on joint
ballot For the purpose of obtaining party
majority resolutions had been introduced de-
claring certain members elect, ineligible;
and, one or more members, who were trustees
of the University, communicated to me scru-
piles about their eligibility. Believing that
the opinion of that very eminent and patri
otto man, the late Judge CASTOR, would have
influence enough to remove the settlement of
the question out of a partizan forum. | took
the liberty to write him letter; the tenor
of which may be collected from his reply
In allowing it now to be published, l believe
I render just tribute, both to his exalted
patriotism and profound knowledge of con-
stitutional law, and at the SEINE time rescue
the language of the ordinance from posi-
BILE misconstruction.
Respectfully,
B. F. MOORE.