The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-04

by the rule OF assimilation. We see, then in this
law, purpose of exclusion as to the three great
departments ola State, legislative judicial and
executive. We see, further, that as to the legis-
lative department, made up Of a legislative body
composed Of members and various officers apper-
tanning to such body as legislature, the exclu-
sion is only of the higher functionares of that
body-the members-and is not carried to its sub
ordinate officers. The terms of exclusion are
not 1.-The members and officers Of State legisla-
ture but simply "tbe members of State legisla-
| ture."
| AS, therefore, the exclusion in the legislative
department has effect only on the highest class
in that department. it is safe to say that the same
policy of exclusion attaches rather to such officers
that exercise functions of important trust in the
executive and judicial departments, than to those
whose functions and duties are merely limited
and subordinate. have already called attention
to .he comprehensiveness of these exclusions to
! time. Now, to declare them equally comprehen-
sye as 10 persons and 10 say that they embrace
all officers, large and small, coming within the
description of executive judicial officers who
have at any time during their lives held any one
Of these offices, would have this inevitable result
| that in the formation of constitution for O
State, by the agency of its own people, large
proportion, perhaps a majority Of the most in-
telligent and capable of the people would be ex-
ing to give construction to these laws, in which
find myself involyed in such painful uncertainty,
as in determining what officers, outside of the
classes already des guated, come within. the Just
| range Of exclusion. have said that in addition
to the class Of officers who clearly come within
the terms of the act, as judicial and executive Off
GERS, and to those classes which comprehend mill
tia officers and municipal officers who clearly do
not come within the terms Of the act, there re-
| mains vast body Of officers whose status is in
some way to be defined These are known, in
popular language, by such terms of description
as county, township and precinct oficers"-
Their name is legion-their functions and duties
are, for the most part, strictly local. Some Of
them, such as sherifs and justices Of the county
courts, have jurisdiction over the entire county,
others are restricted to the smallest civil sub-d-
visions.
have directed abstracts to be prepared for
each of those States, which will exhibit all those
offices and the duties which appertsin to them,
and the form Of oath required. | must reserve
for further consideration, after the abstracts are
made, the question whether all Of them, or if not
all, what classes of these officers come within the
disqualification. As to all other executive or ju-
| dical officers who are not in popular language,
characterized as county officers, | incline to con-
slider them as coming under the description Of
executive and judicial officers Of State, within
| the meaning of these laws. / deem it proper
here in reference to that class of officers, judicial
or executive, who are, by the rule | have laid
down, brought within the operations of disfran-
| chisement to distinguish class whose duties
not localized, who stand in direct relation TO the
State, and who, in my opinion, cannot properly
be designated as executive or judicial officers Of
| the State | mean that class ofpersons who exer-
else special public duties, rather in the nature Of
occasional employment than general and contin-
ung official duty. This distinction between
office and employment, and between an officer Of
State is well established. Chief Justice Tilgh-
man, in 3 Serge and Rawlc l49, recognizes it in
the case of commissioners appointed to lay out
roads and canals, and other works of internal
| improvement. The question arose upon section
in the constitution of Pennsy lvania, which prov-
ded that the Governor shall appoint all officers
whose Offices are established by this constitution
or shall be established by law, and whose ap-
pointments are not herein otherwise provided for"
The Chief Justice said. at has never been as
certained nor is it easy to ascertain to what Of
fees this power extends. | speak of offices
created by law since the making Of the Consttu-
ton. The word office is Of very vague and in
definite import. Everything concerning the adj
ministraton of justice or the general interest Of
society, may be supposed TO be within the mean
ing of the Constitution, especially if fees emol
| umentS are annexed TO the office; bat there are
matters of temporary and local concern which,
although comprehended in the term Office, have
not been thought to be embraced by the Consti.
tuition, and when Offices Of that kind have been
created the Legislature has sometimes made the
appointment in the law which created them,
sometimes giving the appointment to others than
the Governor and sometimes giving the powers
Of removal to Others although the appointment
was made by the Governor" The officers of
whom | am speaking are often described in acts
of Assembly by the name of commissioners such,
for instance, employed in the laying out Of
roads and canals, and other works Of public
nature, yet all these perform duty, or, in other
words, exercised their Office ] cannot enumerate
all of the empoyments under State authority
which, in my opinion, work no disfranchisement.
| will name some by way of illustration, viz ::
Boards Of Comr issioners of Public Works, Direc-
tors Of State Asylums, Visitors Of State Univer-
sites, Directors of State Penisentiaries, State
Directors of Banks other corporations, Special
Commissioners or Agents, appointed by the Gov
ernor or other State authority to perform special
duties as examiners Of banks, NotaSies Public
! and Commissioners, TO take acknowledgment OF
! deeds The rule laid down and these illusta-
,ions will, perhaps, be sufficient TO determine who
come within It's operations.
The next disqualifying clause is founded on
the oath Of Office. The oath, as incidental to the
Office, is not mentioned in the first dsqualifyiog
clause, but the Office alone. But in the second
clause the oath is made to enter as a necessary
, element in order to work disfranchsement and
is applied to the same classes of officers named
concluded on second poge.)