The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1867-06-08
N o.. 43.

right aust bs lii,svs!, s~d it, ven-
| essi ,erws must not b. restricted
but clauses which dsrsgste from ca.
issiNg right, The rule Of construction
mast h strics, that some should he
: excluded WIN arc not clearly withis
tho letter and intent I bsz,s, rhes.
with tho isqairy whether of6csss 81
militia Of State arr within thcss terms
of description, sud ! have M doubt
that they arc not Certainly Con-
grcss, as to tho o1csvs Of State, ws.
not intent T., use tho tsvHs ., large
and without qaslidcssiac, bat, -
ws sce, intended tn qsslify the gen.
ernl term IL III. psspa~e vas 10
is-igestc military omcevs the ususl
words n saasite~t that intent would
have hces adopted aud the term.
would have bses tho judicial aud cx.
aca,isc, tho civil ar military os,ccr.
of tho State Accordingly We lind
when that was tho p.vpess, a, va
sec ~ was IN tho third ss,ctiop Ut the
constitutional amendment, known ~
article fourteen, Congress- expressed
that purpose very clearly Thst
section provides that M f,cr.ea shsil
be- senator or representative in Goa
grc-s, Or clee,or III President or Vice
President, or hold any ofacc, civil or
military, under the United States, or
under s0y State government, WIN,
having previously taken an oath a. =
member II Congress, or a. an officer
otthe United Stntes, orss q meabcv Of
any State lcgis,stMsc, or A. sxscativctr
ludicisl officer II Stsie. W support
the constitustau Of tho lnited ssa,s.,
hall have cag~vc.l IN iwsarvect,oa
Or r~srllion against the ssa,c, or civ.
rn aid or comfort ,ocnnmies thsreof.
This third section " cxpv,-ssIy re-
icrvcd 10 more than oncs In the.r
acts it, langusge WINS followed word
for word In thesc disqual'iying claus
cs as far as WAS possible, exempt in
the particular in which ons IL made
10 apply 10 eligibility Aai the other
TO the right soyose When therefore,
we find that Congress, in declaring
what persons shall bc disffanchiscd
from holding any Office, expressly
includes military as we'll - eisil oG
GERS, AZ N NE thiri section Of tho
amendment, and IN providing what
pcvsoes shall bs disfs.nehissa ftom
voting and who held say once, and
emitting TO mention military oiicsrs,
nc cannot escape tho conclusion that
military officers were not here within
their contemplation II il imposs,.
.ibln to imagine ease ~ which tho
construction from law. in ys.y~ p,"ts.
ria has = more corent spplicstios,
for Il IL evident here thai the isw.
makers IL framing disqnslifca,ions
took special cognilanoe II tho third
section u tkr amendment aud weighed
il word by word. following IL mate.
rally for exact language, and r~jcc,.
ing every word intended To cmbrses a
military ofsccr Il must h borne In
mind that ~ arc here considering
tbs elsss u military oAcsrs sho were
such prsos N tAs rsbellios, whom the
o6les WA lavhal, and Who wers known
AZ o7wr 81 tAs miiitis, not .h.t
clase " ha. bsusSSs Hiis..ss II =~--
..s..io. rscavs What civil oAcer'
- !, Ks brought within the s''f.n'
..,rv,i,s " judicial otSeers II .
n,s,r (, They clsssly include, % 'ss
:. executive osice~s arc cs'"c"s"sa
Al, ,uch officers a. arc geses"''y
luorn by tho popular description o.
80 .,M.er. or officers Of State IN
.,. ,eu.s. tho description executive
oT6ccr ii s.4ts '- applicable :" =
al, known clans the govsrs"r'
lieutenant governor, state s~ds'"s
treasurer, secretary Of state, smd
s,ato officers proper who 'sefr's'
executive functions n scat o. Res""
, sat ~ not psspessd y -,
tbs. enly ,ksss proper STATE otsssah
so,re v;shtr This tsrn of description
. nor m prepared = " jsa''ss' % on : |.
49,, Of state 10 iinit tAs dssTn P'io'
= "a iuducA VI couup wAosr jsrl-'''e
" dan es.cnds over tho sns.re State
: ~u.a .o..ssl myseli IN saying Q
I, shess elltssss, sRsss.ass OF sa'e's
!, M, ,bsy ~ csssay with's ~
= -..r,r, N The lav. Nov shsss'"
= m isauiry stom ~ affirmative ="
ae '' $1,000. surh Officers
p as s.s.lly pass uadsr the isssripsi,,
- musis,p.l, DO set come "'sh'n y
i. .,ov;.,sn. Of .ts sss, sSsh .. once
!. of cities, tsvss, Villages aud s"sN
=" diu.,a sad municipal diri''o'
~. vhs.hcr their fuscs;oss arc eHse"''
nd OF judicial, or ~ v ss.sS'"s"
- r.,s vhsvs lhs sssss stkssrs act
IT, both capacities. Oasids Of TN
n .vo respective e's.ss III. n'-'
a which Il clearly within and INC
~ ~ which IL sIsssly without tho ?
F" yisv. ~ Ind in seeA cf those ~
. host a s(aesrs vhess saAiss y
~. ~. ,.vs ~ay v - asasrmissd. II
~ Iwposss6ls hsrs v Pssessd 10
~. ~ Of susussaltse ~ " ds''
- ,.|.h bv u.ns IN tAcas Who were
'" Guided. All ~ go b done
" s.,abli.h ssns AasA ralA. l feel
M. rsr.s.isy N slsusassesetloa hers
~. III ~y;ss shs - iaslsasa aud chs
s ~ insludsd, spsvAsss tAsss 'sd"'
s 600. according 70 ~ rs's 81 sos.''S'
" - A..