The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-06-05

vast body o officers whose status Isl ia someWay TO
81 defined these are known III popular language BY sac
terms of description county, township, precinct
r fcers. Their IS legion their functions and dt
ties are, for the most part strictly local. some OF then
such sheris, justices OF county courts have Jnf
dction the euIre county others are restricted
smaller civil subdivisions. have directed abstract
to be prepared for each Of these States which viii Ga
hibit all these Offices and the duties which appertain
Them and the form of oath required. must reseFy
for further considerations after the abstracts made
the question whether all OF them, or, II not all VIVA
cfasses Of these officers come within the dlsauahea
ton As To all other executive or Judicial officers WI
are not in popular language characterised count.
officers, am inclined to consider them as coming un
der the description of executive and Judicial officers
a State within the meaning Of thes laws. deem !
proper here III Difference to that class of officers adi
eiaI or execaye@ who are, BY the rale laid down
i brought within the operation Of dlstranchsement t.
distinguish the class whose detes are not reatsea s
stand in direct relation to the State, and who IN my
opinion cannot properly be designated as executive OF
judicial officers of State-i mean that class OF per
sons who exercise special pubic duties, rather y "
nature Of an occasional employment than general an
continuing office duties This distinction between OF
/ fee and ernpioyment-between IN officer OF STATE
and an agent of a State-s well established Justice
Tilligman in Serg and RaWle, no, 80, recognises
in the of commissioners appointed to lay
and canals and other works OF public Improvement
The question arises section II the consultation @
PENNSYLVANIA, which provides that the Governor shall
appoint all officers whose offices established BY
law and whose appointments are not herein provided
for The Chief Justice says 1t has never beea aseer
tanned is it easy to ascertain to what oieer this
power of appointment extends. speak OF oihees ere
ated by law since the making Of the Constitution The
word Office is OF very vague ana INDEFINITE import ~
erythinr concerning the administration OF justice or the
general interests of society may be supposed to be
within the meaning of the Constitution, especially
fees annexed to the Offices But these are matters
of temporary and local concern which although com
pretended in the term Office have not been thought 20
be embraced BY the Constitution and when offices o.
that kind have been created the Legislature mas some
times made the appontmentn the law which created
then sometimes given the appointment to others
than the Governor. The officers OF whom am speak
ing often described il acts OF assembly BY the
name Of commissioners, such for instance, are EN-
Fployed in the laying Of roads and canals and other
works of public nature. Yet all these perform du
ty, or in other words exercise an office cannot emu
Inerate all of the eploymens under State authority
which, in my opinion, work no disfranchlsement. !
will name some, by way ofustration, viz: Boards of
commissioners Of public works directors of State asy
lums visitors of State universities directors of State
penitentaries, directors of banks other corpora
tons, special commissioners agents appointed by
the Governor oller State authority perform sPe
clat dues examiners OF banks, netarles pubic ana
commissioners take acknowledgements of deeds, and
lawyers The rule laid down in these illustrations will
be, perhaps, sufficient to determine who come within
its operations.
The next clause is founded oath Of
Office The oath incidental to the office, not men
toned in the first disquallfying clause, but the Office
alone but in the second clause the oath Is made to en-
ter necessary element in order to work d1sffan-
chsement, and It'll applied to the same classes OF oi
GERS named in the first clauses and also to others not
named in the first place. that u.s. to officers OF the Unl
ted States 1t any oath to support the Constitution
of the United States and it is clearly provided by this
clause that ifths oath has been taken by a member
Of State Legislature, by executive or Judicial
officer of any State then such person. violating that
oath aud engaging in instruction, shall be dlsran-
chsed. There obscurlty IN these clauses, ard
room for doubt whether disqualiteations under the
first clause would arise in the case of member OF
State Legislature executive erJudcla otcef OF any
State had not taken oath to support the Con
stitntion of the United States incline to the opinion
that his oath is put essential thing the breach OF
which by insurrecton against the United states IS q
violation of the trust imposed by 1t upon Its otleeTs
but this clause far the executive judicial oi
of State concerned does not enlarge close
subject to disfanchisement, who must also be Judi
cal executive officer of State according to the rule
hereinbefore established do not apprehend that any
practical question will arise here for by the Constitu
ton of the United States this oath is required to be ta
ken by the members of the several State legislatures
and all executive and judicial officers both OF the UNI
ted States and of the several States and in these ten
States the oath requires as to members OF
the Legislature and the executive and judicial ocers
OF the State
THIS brings me to the question, who is to be con-
sdered officer of the United States within the mean
ing of the clause here under consideration? Here the
term officer is used in its most general sense and with
out any Qualifications Legislative executive or judi
cal-and think. as here used, it vas intended to com,
prehend military well civil officers of the United
States who had taken the prescribed OATH nasnluch
the violation of the official oath and the official trust
has relation to featy to the United States which Is bro
ken by rebellion against the Uuited States
The reason is apparent for including all officers of
the United States and for making this disfranchlse
meut more general and comprehensive to them,
standing they do in direct relation and trust
to the United States than officers of a State now
to consider what's the meaning or scope of dis
qualification arising upon that part of the oath which
requires the person state that he has not engaged in
instruction rebellion against the United States,
given aid comfort to the enemies thereof. must
repeat what has been said BEFORE that to avoid dis
qualifications elements must coneur-frst holding
the designated Office State or Federal, accompanied by
official oath to support the Constitution of the Uni
+nl fpct
the United States giving aid or comfort to its enc
mics; both of these must not only concur but they
must in the order of time mentoned-hrst, the
office and the oath, afterwards engaging In the re-
bellion, giving aid comfort. person who has
held office within the meaning of the law, and has
taken the official OATH and who has not afterwards par
ticpated In the rebellion, may very safely take this
OATH and So too the person who has fully participated
in the rebellion but has not previous thereto held an
Office and taken official oath, may with equal safety
take this oath. My duty here IS simply one OF con
struction. do not deem it proper to enter upon any
question of the constitutonalty of this part of the
takingt granted for the purpose Of construction,
that Congress has right to impose such oath is
not only allowable but imperative that keep In view
its essential characteristics tits something than
legislative act in derogation of existing right it is
in effect an act which takes away existing rights as
consequence of acts done at prior tnle and which,
at the time they done, entailed such conse
quences the late before the Supreme Court OF
the United States. Upon the test oath prescribed by
act of Congress, to be taken by lawyers by which
the exclusion from the right to practice their profess
sion, maze TO arise upon PROOF III
rebellion the Court says AS the oath prescribed can
not be taken by these parties the act against them
operates legislative decree of total exclusion from
any of the professions any of the ordinary
tons of life, for past conduct be regarded iii no
other light than as punishment for such conduct. Elk
action of the oath is the mode provided for ascertanng
the parties upon whom the act is Intended to operate
and instead of lessening increases its objectionable
character All enactments of this kind partake of the
nature Of bills of pains and penalties.
The Court further says The expiration Of any rights
nj he
ment the circumstances attending and the OF
the deprivation determining this fact, and the charac
teristcs Of the claim On this the acts therefore
penal and punitive 0fcourse there
be question to the need of construction which is
here to be applied Those who expressly brought
within its operation cannot be saved from its opera
ton. Where, from the generality of terms of descrip
tion for any other reason reasonable doubt arises
that doubt is to be resolved against the operation OF the
law and in favor of the voter What acts; then, within
meaning Of aw make party guilty OF engaging III III
rebellion against the United States or
giving aid and comfort to enemies thefeof The Ian
guage here comprehends not only late rebellion, but
every past rebellion insurrecton which has hap
pened in the United States So, too, lit comprehends
every foreign war in which the United States has at
any time been engaged. The first of the sentence
ers the case Of domestic existing In the form CT
beilion or Instruction Whilst partapplies foreign
war the words giving aid and comfort to the enemies
tional definition of treason and the enemies there
10 H.