The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-06-12


lures and members Of Congress who, after
wards. engaged 10 insurrec.ion or rebellion.
or give aid or comfort 10 the enemies Of
the United States, are clearly disiranchls-
ed. All members of legislative bodies
which passed ordinances OF secession are
disfranchised but il is doubtful whether
simple membership Of : Convention held
for the sole purpose OF amending the Con
stitution Of State, would. in itself, WORK
distranchisement.
.. sTATE, EXECUTIVE OR JUDICIAL 0FFIcIss.
All militia officers, us such. are not dls-
iranchised, As they are no, included 10 the
terms !. executive or judicial officers OF =
State" But this freedom from dislranchise-
ment refers only to the class Of militia ofi
GERS who were such prior to the rebellion.
aud not TO that class who became military
officers during the rebellion, who are liable
10 dsiranchisement on conviction OF par
ticipation in il. The Governor. Lieuten-
ant Governor. State Auditor. Treasurer.
Secretary and State otiicials proper. Who
exercise functions st the seat of govern
ment. and State Judges u courts whose
liuri.dictiu extends over the United States.
are d,sfranchised but the Attorney Gen.
eral is not prepared 10 say that only the
foregoing come within the term "execu.
tive aud judicial officers"
Municipal officers. such as officers oil
cities, towns. villages and sub ordinat ma-
n,cipal divisions, whether their functions
arc executive or judicial, or both, are not,
as such. dislranchised.
In addition 10 those officers before men,
toned, who clearly do 90 do not come with
IN the term OF the act rs 10 judicial OF
executive Veicers," there remains vas'
number of officers whose status is undefin-
Cd. These are known as country, town
ship and precinct officers. The Attorney
General is collecting Information concern.
ing this class, which includes sheriffs and
Justices OF the county Courts. and will issue
. isrther epinisn with r.gard TO them.
All other executive and judicial 9th cer'
who are not. in popular language. charac'
terized as County officers. DO. 10 the oP,n'
ION u Mr.. Stanbery, cone under the dis
Qualifying clause. =.
Persons who exercise or exercised specia
or occasional public duties, are not includ
ed as State officers. and such a. the follow
ing are, therefore. not disiranchised: com
missioners OF public works. directors Q
State a.ylums. visitors Of State universities
State directors oi banks or other corpora
tions. special commissioners OF agents ap
pointed by State authority to perform
special duties. as examiners of banks. No
taries Public, and Commissioners Of Deeds
4. oArHs or OFFICE.
ANY person who has taken an oath OIL oil
fice to support the Constitution oi the Un'
ted States and has violated that oath an
engaged In rebeilion, Is disfranchlsed
This clause, as Ear as the executive or judi
cial officers oI State are concerned. doe
not enlarge the class subject 10 disiran
chisement. because the officer breaking N
oath must also be "a Judicial or erecu.iv
officer" of q State, according 10 the rul'
hereinbelnre mentioned. Thus q militl
J officer or Notary Public. who had take
the ssid oath. would not be disiraneh'se
under this clause, because he is not held
!. be State judicial Or executive oficer.
| All officers OF the United States. bot
/ civil and military, who have violated .hei
!. oaths, are of course d,siranchised.
!. S. ENGAGING IN ISsuRREcrios On asHkLioS
n AND GIVING AID AND COMFORT.
il These. without concurrent holding !
4 one of the designated oi6ers. accompanie
i by the taking of the oath &c office. do "
Il work disiranchisemcnt The two elemen
J. mus, concur, and in the order mentione,
. Tor person who has held designated ol
: Gee and had taken the oath and hsdtnot q
! ier,cards participated 10 . rebellion. ina
% safely take The registration oath.
The clause, however, comprehends ever
. rebellion which has taken place In the un
'e ted States; and every foreign war IN who
the United States has ever been engaged
A person, therefore. who gave aid and eon
r. "a - CY-s