The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-28

by the proper description or State ofncers or oncors u
sate In sense, and In popular sense tho deBcrp
ion executive officers of State, IL applicable 10 well
kno.n Glass; the Governor, State
Auditor, Treasure Secretary and Stao otnclas proper
Who exercise executive functions at the seat Of Govern
am not prepared to say tbut only those proper State
officials come within this term OF description, nor am
prepared TO- as Judicial officers of State to limit tho
description to Judge of Courts whose Jurisdiction e1
tends over the United States must content myself III
saying Of these officers, executive or Judicial that theF
are clearly within the meaning Of the law. Now chang
ING the inquiry from affirmative to cgative pro-
cess such officers US usually pass under the desclp-
ton municipal do not within the purvlew OF the
act such as officers OF cities, towns villages and subor
dnale municipal divisions, whether theii functions
are executive Judicial, Or as IL sometimes the case
where the oicor acts In both capacities outside OF
these two representative classes, the first Of Which Is
clearly Within and tho last OF whic s clearly without
the purvew Of these clauses we find in each OF these
States host of officers whose status IL in some way to be
determined 1t il impossible here to proceed by way OF
enumeration and TO ds guish by nanle all those who
are included and all those who excluded All tha
can be done is to establish some fixed rules 1eel the
NECESSITY of circumspecion here in saying who are ILL
cued within the rather Than III saying
who aro not included for whore there doubt according
TO the rule of construction which has been referred TO-
that doubt must be solved In favor of rather than
against the tight OF tho voter Tho exclusion Is oil COM
prehensiye tne aud applies not only TO those who
were in office when rebellion commenced butt those
who held the prohibited offices at any previous time, al
though they may have ceased to hold such Office an lnde-
finite number OF years prior to the rt6eion ls found
state as the author donor OF tie trust 1t Is founded
on the idea of breach OF trust not arising merely from
allegiance q citizen, but duty 10 the state ILL direct
official relation that State and through TINT 10 the
Federal Government So far as this act designates by
name the persons who violated such trust, 1t III that
class to whose keeping the trust is especially confded
that is to say the persons who were clothed with the
legislative power. Where Us In this instance there u
purpose of exclusion common ground, m, one class
is designated AZ coming within the purpose aid other
are left Indefinite aud only to be ascertained by
constructions it is allow able find the nuehnite class
by he rule of assmiiatl,n We sec tlcm IL this law,
purpose OF exclusion to tire three great Departments
of stale Legislative, Judicial and Executive. VIC see,
further ut as to the Legislative Department made up
OF Legislative body composed of memo RS and various
officers nppertainng to such body as Legsature tne
exclusion Is ony Of higher funconares OF that body
the members and carried to Its subordinate 9th
GERS The terms Of exclusion are not the members ana
officers OF State Leg stature but simply the members
OF state Legislature. Az. therefore, tue exclusion III
the Legislative Department has effect only upon the
highest class in that Department. 1t is sale to say the
sae policy OF excus attaches rather to such officers
as exercised functions Of important trust in the E1ecu'