The Van Buren press., 1867-08-30
Who Can be Members OF the State Con-
venti0n

We do not agree with the Fayetteville Ar-
iaRsidR, in its reading and construction ofthe
Military Bills, under which the state is being
reconstructed. 1t says:
"There Is nothing in the two succeeding
supplementary bills which modihes in tue
least the qualifications OF delegate To the
Convention as here expressed; (; then il Is plain,
that any person Is competent TO be member
of the Convention. who is competent to hold
office under the Sd section of the proposed
constitutional amendment: and any person l.
competent TO hold Office under such amend
ment who has not, before the war, taken the
oath as member OF Congress, or United
states officer or as a member of the State
Legislature. or rs an executive or judicial Of
fcer of any State TO support the Constitution
of the United States, and afterwards engaged
in rebellion. man may have been an eX-
ecutive or judicial officer ofa State yet il he
has not taken an oath to support the Consti-
tuition of the United States As such, he is not
disqualified from being member of the Con-
yention,"
The Sth section Of the Supplementary bill.
which was intended to explain all the other
bills. reads as follows:
SEC. That all members Of said Boards of
Registration, aud all persons hereafter elected
under any so-called State or municipal au-
thority, or by detail or appointment of the
district commander, shall be required to take
and subscribe to the oath Of office prescribed
by law for the officers of the United States.
1t does seem to us that there can be no doubt
what the intent and meaning of this section
is; that all persons, hereafter elected or op-
pointed to office, shall be required to take the
oath Of Office prescribed by law for United
States officers, which Is what Is termed the
"irOn clad" u..
Again, we think our ncghbor labors under
mistake. lie says: ... -...
"An executive or judicial officer of a State,
does not include Justices of the Peace. Con-
stables, Clerks of the courts, Mayors, Alder
men, &c. and 1t Is u matter of grave doubt,
whether Sheriff, or County or Probate Judges
are excepted"
The 9th section of the last act reads as fol-
lows:
SEC. 6. That the true intent and meaning of
the oath prescribed in said supplementary act
IS, among other things, that no person who
has been member of the Legislature of any
State, or has held any executive or judicial Of
bce In any State. or whether he has taken any
oath to support the Constitution of the United
Ntates or not, ana whether he was holding
slch Office at the commencement of the rebel
lion or had held it before and who has after
wards engaged in rebellion against the United
States. or given aid and comfort to the enc
mics thereof be entitled to be registered or
vote, and the words executive or judicial Of
hces in any State" in said oath mentioned,
shall he construed to include all civil officers
created by law for the administration of any
general law OF State or for administration of
justice.
1t Is our opinion that Mayors and Alder.
men of cities do not come under the exclusion
of this section, for they "admnister no gener-
al laws ofthe State" but are NEARLY muni-
cipal officers of a city. without the power TO
execute the most trivial law of the State.
We refer to this subject, again that the Con-
scnatiye men of the State may not be deceiy-
cd and repent when 1t is to late, that men
were not selected for the Convention. that
would be allowed a seat in that body. Let
not conservative men flattcr themselves that
the Governor General of the District, will
permit them to become members and partici-
pate in the proceedings of the State Convcn-
tion, without first subscribing to the Iron
clad" We regret the fact as much as the Ar
kansian could but do not think it sound poll
cy to ilattcr ourselves with the thought that
we can obtain our seats without first taking
the oath. ..j iH
Hon. James Gallagher. ...