Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-08
VOL, II.",'''"N0. 81.

making oil the CONSTITUTIONS Ihc word Ofhco
is Of very vague and indefinite import. Ev-
crything concerning the administration of
Justice in the gcncr:, interest of society may
be supposed to be within the meaning of the
Constitution, especially if fees or cmoluments
are annexed to the Office but there mat
.ters Of temporary and local concern which,
although comprehcndcd III the term Office
have not been thought to be embraced By the
Constitution and when Offices of that kind
have been created, the Legislature hes some
times made the appointment in the ,aw which
! created theu, somctmes giving the annoint-
'nent to Others thauthe Governor, and some !,
tin!es swing the power Of rcinovalsto others
although the appointment was left to tho Gov
ernor." The eltcers Of whom am speaking
are often described in Acts Of Assembly by
the name Of commissioners crs-such forinstance
as are employed in the laying out Of roads and
canals and other works of public nature
ct a! these perform duty or, in other words,
exercise their Office. ! cannot cnumcratc all
OF the cmpoymens under State authority
which, IN my opinion, work no disfranchsc-
lnent. will name some, by way of illustra-
ton, VIZ: Boards Of commissioners Of pub
lie works, directors of State asylums visitors
OF State universities, directors Of State pcn.
tcntaries, State directors of banks and other
corporations, special commissioners or oganis
appointed by the Governor or other State au
thority to perform special duties rs examiners
OF banks, notaries public and commissioners
to take Acknowledgement Of deeds The rule
laid down and these illustrations will, perhaps,
be sufficient to determine who come under its
operations.
The next diS1uaIiiying clause is founded on
the oath of office. The oath, rs incidental to
the Office, Is not mentioned in the first disuual-
flying clause, but the Office alone But in the
second clause, the oath is made to enter as q
necessary element, in order to work disfran-
clisemcnt and it is applied to the same class
cs OF officers named in the first clausc-that
is, to officers of the United States it is an
oath to support the Constitution of the United
States, and it is clearly provided by this clause
that, if this oath has been taken by member
of State Legislature, or by an executive or
judicial officer of any State, then such person
viviotiiS thot oath aud engaging III ir,surrec-
ton, shall be DISTINGUISHED. There is some
obscufsty in these clauses, and room for doubt
whether disqualification under the first clause
| wouiG arise IN the U,.sc Uf = 4:,c.mhcr of n
! STATE Legislature, or any executive or judicial
Officer Of any State, who had not taken an
oath to support the Constitution of the Uni
ted States incline to the opinion that this
oath is put as an essential thing, the breach
! OF when by nsurrecton against the United
States violates the trust imposed by it upon
the officer. But this clause, so far as the cx-
ecutvc or judicial officers Of the State arc
concerned, does not enlarge tho class subject
to dsfranchscmcnt The officer breaking
the oath which works acknowledgements must
also be judicial or executive officer of tho
state, according to the rule hcvcnbeforc es-
tab''sh"d. | do not apprchcnd any practical
question will rise here, for ly the Consttu-
tion Of the United States, this oath is required
to be taken by the members Of the several
State Legislatures, and all executive and iu-
dicial officers, both of the Upitod States and
Of the several States and in these ten States
the same oath was required Us to the members
of the Legislature and the executive and ju.
dicia officers Of the State. This brings me
to the question, WHO'S to be considered can
officer of the United States" within the mean
ing Of the clause now under consideration
| Here the term officer is used in its most gem
cra sense, and without any qualification, as
legislative, or executive, or judicial, and /
think, as here used, is intended to comprehend
military as well as civil officers of the United
States, who had taken the prescribed oath, IN
asmuch as the violation of the official oath
and the official trust has relation to fealty to
the United States, which is broker by rebel
lion against the United States The reason
isapparcnt for including all officers of the
United States, and for making the disfran
mens more general and comprehensive as to
them, standing as they Go in more direct rcla
tfon of trust to she United States than the
officers of the State.
J now come to consider what is the mean
I ing and scope of the disqualification arising
from that part Of the oath which REQUIRES the
person to state that he has not engaged in in.
surrect!on r rebellion against the UntcdJ
! States, CT given aid or comfort to the enemies
thereof: must here repeat what has bccnS
said before, that, in the work of disoualifica-5
ton, tyo clements must concur-Grst holding
the designated Office, State or Federal, accom-
panied by an official oath to support tho Con-
stltuton of the United States; and second,
engaging in rebellion against the United
States, or giving aid or comfort TO its cnemios.
Both OF thcsc must not only concur, but they
mus concur in the order Of time mentioned.
First, the office and the oath, and afterwards
engaging IN rebellion, or giving aid or con,.
fort person who has held an Office within
tn" meaning of this law, and has taken tlgI
official oath, and who has not afterwards palH
ticipatcd in rebellion, may very safely takE
this oath; and so, too, the person who has
fully participated in tho roh,,,;nn I'M bye - sES