The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-29


judicial and executive. We see, further,
that as to tho Legislative department, made
up OF legislative body composed Of mem.
bers and various officers appertaining to
such body as legislature, the exclusion
is only of the higher functionaries OF that
body-the menbers--and is not carried to
it's subordinate officers. The terms OF ex-
clusion are, not "the mombers and officers
OF State Legislature" but simply "the
members of a State Legisature." As,
therefore, the exclusion in tho 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 func-
tons OF important trust i'll the executive
and judicial departments than to those
whose functions and duties arc merely
lmite! aid subordinate. l have already
called attention to the comprehensiveness
OF thcSo eNclrslone rs to time. Now, to
declare them equally comprehensive as to
persons, and to say TINT they embrace all
officers. large and email, coming within the
description ofeAccutive or judicial officers
who have at any time during their lives
held any one Of these Offices, would have
this inevitable rceult, that in tho forma.
ton OF Constitution for State by the
agency OF its own people, large proper
ton. perhaps majority, of the most intel
hgent and capable OF the people ~ould be
excluded. There is no part of my duty in
attempting to give construction TO these
laws in which find myself involved in
such painful uncertainty as in determin-
ing what officers outside Of the classes
designated come within tho just range of
exclusion. have said that, in addition To-
the class OF officers who como clearly wi III
in tho terms OF the Act as judicial and
executive officers, and to those classes
which comprehend militia officers and
municipal officers. who clearly do not
come within the terms of the ACT, there
remains 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, town
ship and precinct officers" Their name is
legion. Their functions and duties are for
the most part strictly local. Some OF them
such as sheriffs and justices of the County
courts, have jurisdiction over the entire
County; others are restricted to the small
est civil subdivisions. / have directed
abstracts to be prepared for each OF these
States, which will exhibit all those offices,
and tie dn'ics which appertain to them,
and the form of oath required. I must
reserve for future consideration, after the
abstracts arc made, the question, whether
all OF them, or, il not all, what classes OF
these officers, come within the disqualifi-
cation? AS to all other executive or iudi-
cial officers who are not in popular Ian
guage, characterized AZ County officers l
incline to consider them as coming under
the description of executive and judicial
officers of L State, within the meaning of
those laws. deem it proper here, in re-
ference to that class of officers, judicial or
executive, who are, by the rule have laid
down, brought within the operations OF
dlsfranchisement, to distinguish a class,
whose duties are net 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
l mean that class OF persons who exercise
special public duties rather in the nature
of occasional employments than general
anu continuing official duty. This 1istinc-
tion between Office and employment, and
between an officer Of a State and an agent
OF State, Is we'll established. Chief JUS
ticc 1ilghman, i'll Serge and Rawle 149
recognizes II in the case OF commissioners
appointed to lay out roads and canals and
other works OF public Improvement. The
question arose upon section in the Con-
sii'ution ot Pennsylvania which provided
that the Governor shallappoint all officers
whose Offices arc "csta blished by this
constitution, or shall DO established by
law, and whose appointments are not
herein otherwise provided for" Tho
Chief Justicc said: 1T has never been
asccr;aincd, nor II II easy 20 ascertain. to
what OFFICES this power extends. I speak
"I oiiiecs created hy law since the making
ii the Constitution. The word Office is of
vciy vague and indefinite import. Every
thing concerning the administ ration of
justice III tho general Interest OF society
may be supposed To bc within the meaning
OF the Constitution. especially il fcas or
ciho!umtnts are annexed 10 tile office: but
there are matters uf temporary and local
cUiccrn which, although cnmprehcnded III
tlic term Office, have not been thought to
be embraced by the Constitutions; ana
when Offices nf that kind have been crcat-
.cd. the Legislature has sometime made
:hc- appointment in Tho law which created
them. sometimes giving the appointment
to uther> than the Governor, and some
times giving ,hc power OF renewal to
others, although the appointment Was LEFT
to the GO"crncr.' The officers of whom 1
a!n spea king are of;en described in Acts of
Assembly hy tho namc Of comm ssi0ncrs
such, f0r instance. rs are employed III the
laying ont OF roads and canals and other
works u 4 pubic nature. Yet nj. these
perform :. duty. OF. in other words excr-
else their oiiicc. l cannot enTlneratc all of
the employmcnt> under State authority
which, III my opinion, work no disfran-
chlsemcnt. l will name some, bv wav Of
illustration, viz: Boards of commissioners
Ui public works directors OF state asylums,
visitors of State universities. directors OF
State pcnitcntiuricS, State directors of
banks and other corporations. special COM
missioncrs on agents appointed by the
Governor or OTHER State authority TO per-
form special duties AZ examiners of banks,
notarlea public and commissioners to.take
ackno wlGdymcnt OF deeds. The rnlc laid
down ana these illustration. will, perhaps.
bc sufficient 10 determine wlU come under
it. operations.
The next disquaiifyins clause is founded
on the oath OF office. The oath, As Incl
dental t. the Office, is no: mentioned in
the tirs! dlspuahfying clause but thcO t1icr