The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-30

to mention military officers, we cannot cs-
cape conclusion that the military officers
were not here within their contemplation
Itis impossible to imagine a case in which
the construction from laws in pari n1Gterld
has more cogent application, for it is EVIL
dent here that the law maker IN framing
the disqualifcations of voters took special
cognizance of the third section of the amend
ment and weighed it word by word, follow
ing it literally for the most part and reject
ing deliberately the very word intended to
embrace military officer.
1t must be borne in mind that we are
here considering the class of military officers
who were such prior to the rebellion when
the Office was lawful and who were known
as officers of the militia-not that class VINO
became military officers during the rebelllon.
As to this last class they all come under that
other clause of disqualification which ap-
plies to participation in the rebellion.
Having the enquiry thus circumscribed to
civil officers the question recurs what civil
officers are to be brought within the terms
Executive or Judicial officers of State"
They clearly include so far as Executive Off
GERS are concerned all such officers as are
generally known by the proper description
Of State officers or officers of the State. In
one sense and in Il popular sense the descrlp-
ton of Executive officers ola State is appl1-
cable to well known class; the Governor,
Lieutenant Governor, State Auditor, Treasu-
rer, Secretary and State officials proper, who
exercise executive functions at the seat OF
government. l am not prepared to say that
only the proper State officials come within
this term of description, nor am prepared
as to judicial officers of State to limit the
description to judges or courts whose jurls-
Il, t1n Statn
must content myself in saying of these Off
GERS, executive and judicial, that they are
clearly within the meaning Of the law. Now
changing the inquiry from an affirmative to
a negative process, such officers as usually
pass under the description of municipal do
not come within the purview OF the act, such
as officers of cities, villages and subordinate
municipal divisions, whether their functions
are executive or judicial; or, as is some
times the case, where the same officers act
in both capacities. Outside of these two
representative classes, the first of which is
clearly without the purvieu of these clauses,
We find in these States q host of officers
whose status is in some way to be determin-
ed.
1t is impossible here to proceed by way of
enumeration and to distinguish by name all
those who are included and all those who
are excluded. All that can be done is to
establish some fixed rules. feel the neces-
sity of circumspection here, in saying who
are included within disfranchisement rather
than in saying who are not included, for
where there is doubt, according to the rule
of construction which has been referred to-.
that doubt must be solved in favor of, 1ath-
er than against the right of the voter The
exclusion is all comprehensive as to time,
and applies not only to those who were in
office when the rebellion commenced, but to
those who held the prohibited offices at any
previous time, although they may have
ceased to hold such office an indefinite num-
Der of years prior to the rebellion. 1t is
founded on the idea of breach of official
trust due to the State as the author or donor
OF the trust. 1t is founded on the idea of
breach of trust not arising merely from al
legiance as a citizen, but duty to that State.
in direct official relation to that State, and
through that to the federal government
So far as this act designates by name the
persons, who violated such trust, it is that
class to whose keeping trust is especially
confided that is to say, the persons who
were clothed with the legislative power,
where, as in this instance, there is purpose
on q common ground, and one class is de-
signated as coming within the purpose, and
other classes are left indefinite and only to
be ascertained by construction; it is allow
able to find the indefinite class by the rule
of assimilation.
We see then in this law purpose of ex-
clusion as to the three great departments of
State-legislative, judicial and executive.
We see further that as to the legislative de-
partment, made up of IL legislative body CON-
posed of members and the various officers ap-
tn T
the exclusion is only of the higher functions
of that body, the members, and it is not car
ried to its subordinate officers. The terms
of exclusion are not the members and officers
of the-State Legislature ; as therefore the ex-
clusion in the Legislative department has
effect only upon the highest class in that de-
partment, it is safe to say that the same pol
icy of exclusion attaches rather to such of
fcers as exercised the functions of important
trust in the executive and judicial depart
ments than to those whose functions and
duties are merely limited and subordinate
l have already called attention to the COM
prehensiveness of these exclusions as to time
Now to declare them equally comprehensive
as to persons, and to say that they embrace
all officers large and small, coming in any
sense within the description of executive or
judicial officers, who have atany time during
tilelr lives Helu any one OF CneSe OfnCeS, would
have this inevitable result, that in the forma-
ton of the constitution for State by the
agency ofits own people, a large proportion,
perhaps majority, of the most intelligent
and capable of the people would be ex-
Guided.
There is no part of my duty, in attempting
to give construction to those laws, in which
I find myself involved in suci painful uncer-
tainty, as in determining what officers out
side of the classes already designated, come
within just range of exclusion I have said
that in addition to the class of officers who
clearly come within the terms of the act as
judicial and executive officers of the State.
and to those classes which comprehend
militia officers and municipal officers, who
clearly are not within the terms of the act,
there remain a vast number of officers whose
status is in the same way defined. These
are known in popular language by such terms
OF description as county, township and pre-
c1nct officers. Their name is legion. Their
functions and duties are for the most part
strictly local. Some of them, such as sherifs
and justices of the county courts, have iuris-
diction over the entire county, and others
are restricted to the smallest subdivisions.
have directed abstracts to be prepared for
each of these States which will exhibit all
these offices and the dnties which appertain
to them, and the form of oath reouired