The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-19

, OF amending the constitution OF
| State, would, in. itself, work dis,
franchisement- .,
g., STATE, EXECUTIVE OR JUDICIAL
OFFICERS. =, .-,.
+; All militia officers, as such; are
not disffanchised, as. they are not
included in the terms sexecutive
t:and judicial officers of q State y
But this freedom from disfranchise,
ment refers only to the class :oi
militia officers who were. such pri,
or to the rebellion, and not to that
class who became military officers
!, during the rebcllien,- who are Ii
I able to >disffanchisement> on con.
tvictionlof participation init. The
iGovernor, Iieutenant-Governor
tState Auditor, Treasurer, ,Secre
!2tary2 and State officials proper
kWbo exercise functions at : the
seat OF government and State
! Judges of courts whose iuris.
diction. extends over the : Uni;
ted Statesy { e disfranchised;, ), but
! The Attorney-Gencral is not, pre-;
Fpared to--say that the foregoing
conc. within the tenn :'executive
land judicial officers. -. -: ::
Municipal officers, such as. off
GERS. of cities, towns, villages: and
subordinate municipal divisions:
7WNhe ther- their: functions are ex-
i.ecutive or judiciai, ,,or both arc not,
as such, disfrallchised. ..~ :. ! :.
In addition to thosel officers be-
I.fofe-men toned who clearly do. or
lido netcome within the term ofthe
! act as to judicial or executive
officers = there remains a vast
number of officers whose status is
und defined. These. are known as
county, township and precinct Off
GERS, The Attorney Generals col
Iectmg information concerning this
/ class. which includes sheriffs and
Justices of the county courts and
.sswiIl issue a farther opinion with
regard to them g.. -'>,''...'':. -:
+, AA- other executive and Judicial
officers who are not, in: popular
Han guaee, characterized as county
officers; do, in the opinion. of Mr.:
Stanbef9y, conc under tho disquaA.;
*fving clause. -
b Persons who exercise or exereis-
ed special or occasional public
duties, are. not incladed as State
officers, and such as the following
| are therefore not disfranchised;
'commissioners. Of: public works,
directors of State 2asylums, visitors
of State universities, State ,diree-
tors ofbanks olcother corporations;
Special commissioners or agents
appointed by State authority, to
perform special duties as examin-
ers Of banks, Notaries Public, and
t Commissioners Of. Deeds. -, = l.. = .
-. 4. oAEHs OF OFFICE -
F. Any person who has taken an
oath of office to support: the Con:
stt2itutiog Of the United States and
has-Tiiolated that.oatl and engag-
ed Ia rebellion, is disfranchised. d.
kThiss clause; as far as,the executive
or Siiii judicial officers Of a State sare
concerned; does not enlarge. the
EEcfass. subject to. aiSfraneh ehisenlent,
because the officer breaking the
oath must atso:be ::Ea-j judicial, or
executive officer Of. a State; ac-
t5cc0rding to- the. rule hereinbefore
11iieesHtioned: Thus a militia officer
or Notary pblie, w6o had taken
the said oath, would not be dis:
j. 6 5Rea.n1c;hiised u under this, clause; be.
| cause he is not held 80 be a. State
I judicial or executive officer : :
F, A1f,6Reers of.the United States.
both civil and military, who, have
Violated their oathsi are Of course
/ Fdisfranehised- y =: -
! 5. ENGAGING IN lNsURREeFIoN @B
REBELLION. AND IGIvING- AID AM
COMFORT.
These without concurrent hold
ing of one of the designated off
ces accompanied by the taking O.
the oath Of Office, do not work dis
franchisement. The two element:
must concur, and in the order
mentioned, for a person who ha:
held a designated Office and hat
taken the oath and had not after
wards participated in a rebellion
may safely take the registration
oath,
The clause, however, compre
hends every rebellion which ha'
taken place in the United States
and evcry foreign war in whlcl
the United States has ever beer
engaged. A person, therefore
who gave aid and comfort to tn n?
enemies of the United States II
the war with Great Britain ofl8l2
or in the war with Mexico in l847
would be disqualified.
AL persons who did any over
act, either individually or oficia!
ly, or in a civil or military capacj
ty, in furtherance of or for tn
purpose ofpromoting the rebellion
did, under the law, engage in re