The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-04-03
Who Can Vote?

The third section Of the " constitutional amend
ment " is as follows:
! "SEc 8. No person shall he Senator or Represcn
tative in Congress- or elector OF President Vice
! President, or hold any Office, civil military, under
the United States, Or under any State, Who having
! previously taken oath, Il member of Congress
was an officer OF the United States, member OF
any State Legislature, executive or judicial of
fcer of any State to support the Constitution of the
United States shall have engaged i'll instruction
rebellion against the same, given aid comfort to
the enemies thereof. But Congress may, by vote
OF two-thirds of each house. remove such disability"
| This section, it will be observed, preciHdcs GER
tain class of persons from the right OF holding Office
under the United States: but as the amendment has
yet been adopted it has validity in this respect
The military bili however, refers to the amend
ment in connection with the right of suffrage under
the new organisation Of the Southern State govern
ments That is say, it declares that all persons
who by that amendment, would be incapacitated from
holding office under the United Safes shall be pro-
hbted from voting in the elections to be hereafter
held under the so-called "proysional governments
Of the Southern States Il should be noted that the
restriction applies only during the existence of the
actual governments, the conventions having the pow
er to dispense with h.
At first glance it would seem that tue section above
quoted is not liable to doubt msconstruction bit
closer ANALYSIS reveals several points which require
explanation. The popular opinion has been that the
disqualification referred to is imposed On all persons
who having at any time taken oath to support the
Constitution Of the United States, by virtue of hold
ing any Office Whatever, Subsequently identified them
selves with the Confederate cause But this idea is
entirely erroneous III the first place the exclusion
refers only to Federal and State officers, and hence
municipal otfceTs-mayors, aldermen, recorders and
others-are not affected by it. Furthermore the re-
st,ction applies, to State officers only to judicial
and executive officers and members of State Legisla-
lures Hence, officers of the Legislature (not being
mcnbersl and the large class of ministerial officers are
not excluded Among ministerial officers are sherfs
and sheris deputies clerks Of court deputy clerks
and consables. There is likewise question as to
justices of the peace. 4 decision in the 18th Annual
THE ease OF Saucier Andrews) declares that justices
Of tie peace not judges, but officers having in
some cases. judicial powers. It may have been the III
tenton Of Congress exclude these officers from vo
ling, but the general and unqualified term Judicial
officers would not apply te them under the decision
above referred TO.
To recapituate, we may state that under the new
order of things the following described persons will
be entitled to vote Every male citizen twenty
years of age aud upwards, who has resided in the
State for yea: preceding the day of election !;
cept such persons having been sdherents the Con-
edeHate cause as may have previously taken an oath
of allegiance to the United States officer of the
Federal Government, executive judicial Of
iicer Of State, member of State Legislature.
It is be remarked as before stated, that this re-
sricon does apply to officers of the Legislature,
to ministerial officers, such sherfs and clerks of
courts and their subovdInates to noares and other
officers of like kind. n. o. Crescent.