The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-06-04

she United States. Some officers, as, no
loubt, members ofla State Legislature
aud Congress, are clearly enough deslg
nated
A State Convention, for framing the
amendment of a State constitution though $
clothed with legislative power, can not
properly be called a State Legislature,
andin acts now under consideration,
and Legislature are ex-
pressly distinguished from each other,1
for they1require the Constitution to pc
framed by the Convention, and require
the Legislature Of the same State to
adopt the Constitutional Amendment
when, then, in the same acts, they again
use the phrase Legislature of the State, 4
they must be understood to use it in.the |.
same sense, and distinguished from a
Constitutional Convention; but. as to
those Legislatures which passed what are
called ordinances of secession, / am of
the opinion that their members are not
properly comprehended within this dis
qualifying clause,for / can conceive of no
official Legislative position in which the
duty Of allegiance was more distin ctlyl
violated. a1A .a
A more difficult inquiry is, who is to
be considered an officer of the United
States? In the executive or judicial Of
fees of any State, various classes of Of
Efeers are intended; State officers, and
Federal officers, and executive or judicial
officers. No legislative officer is men
toned, except a member OF the State
Legislature or member of Congress-
THE descriptions used as to. other Of
fcers, are as to State officers; they must
| be judicial or executives: and so as to a
Federal officer, the terms executive or
Judicial are not expressed; he is descri
bed simply as an officer of the United
States. q 6esfsa r
Officers Of militia Of State are not
included in these terms of description,
else the act would have included civil and
military officers of the State; for in the
third section Of the Cons titutional amend
ment, known as article fourteen, Congress
Expresses that purpose very clearly. THAT
section is expressly referred to more than
once in these acts, and is made in fact, a
part of these acts. Its language is fol-
! lowed word for word in these qualifying
clauses as far as possible, except in the
particular in which one .ismade to apply
Ito eligibility, and the other to the right
to vote. When, therefore, we find Con-
gress in declaring what persons shall be
] disfranchised from holding any Office ex-
pressly includes military as well as civil
officers, as in the third section referred
to providing what persons shall be dis
4 franchised from voting, who held any
Office, omits to mention military officers.
1 We can not escape the conclusion that
the military officers were not within their
contemplation. 1t must be borne in
Imind that we are here considering class
of military officers who were such prior to
the rebellion, when their Office was loyal
and known as officers of militia, and nei
that class who became military officers
during the rebellion. This last class
comes under that under-class Of disqual-
ifcation which applies to participation il
the rebellion. As to civil officers dis.
! francnised, the clause fairly includes al
State officers, Governor, Lieutenant GOV.
ernor, State Auditor, Treasurer, Seereta:
Try of State, official proper, Who exercis
!, ed the Executive functions at the seat o
J, the Government.
1 I am not prepared to say that onl.
] these proper State officials come within
the forms Of description OF am ! pre-
pared as to judicial officers of State t
} limit the description to Judges of Court
j whose jurisdiction extends throughou
the whole State | must content mysel
by saying that they are clearly within
/ the meaning Of the law. Municipal Of
fcers do not come within the provision
: of the act to subordinate officers of
: Legislature who were not members, ant
do not come within its provisions. A
, to county, township and precinct officers
he reserves his opinion whether all 0
2 them or not all white CLASSES of then
: come within the disqualification. Al
other Executive and judicial officers
, except county officers. come within til
3 meaning of these laws
: Persons who exercise special publ
S duties, rather in the nature of occasiona
, employment than general and continuing
t official duty, do not come within til
laws; such as Boards of Commissioner
i. of Public Works, Directors of State As
b ylums, Visitors of State Universities
e Directors of State Penitentaries, Stat
: Directors Of Banks or other corporation
n Special Commissioners. &C., but all per
s sons who, as executive or judicial off
e GERS of any State, who have taken, tn
It oath to support the Constitution of tn
: United States, are clearly disfranehised
It All persons who, during the rebellion
d acted-in an official capacity where th
il duties of Office necessarily had relatio
r to the support of the rebellion, such a
, members Of the rebel Congress and rebc
e conventions, diplomatic agents of th
n rebel Confederacy, or such officials who's
e duties more especially appertained
: the support Of the rebel cause, CON
within the terms of the exclusions.
e Officers in the rebel States who, durin
: the rebellion, discharged official dutit
'e not incident to war, but in preservatio
) of order and administration of law, al
l. not to be considered as thereby engagin
n in the rebellion. The interests Of hi
l. manity require the performance Of sue
,t| duties, and they can never be considere
n as criminal. Mr.. Stanbery is satisGe
b that the language used in the act as el
le participation in rebellion, carries tt