Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-08-19
F,om The Columbia Phoenie.

Is the Right of Suffrage Restricted by
the. Constitution of South. Carolina
lately adopted
Mr.. .EDtret: desire tossay word about
sthe legality of the late elections for County
Off GERS iii: tbs State. Tue. Convention recent
ly held in South Carolina, passed ah ordinance
to provide for the ratification >of the Constitn-
ton, and forike election of certain ~ofiicerS
Under section-7 of that ordinance, it is pro
vided that Board of Commissioners appoint
cd byahe ths secsion-of the sa,he oidIHance,
should prescribe regulations IS TO the tinle
and places for an election to 5e held in each
County, within thirty days after the raiiiica-
ton OF the Constitution, lor ali County. otli-
GERS required by the Constitution, TO he elect
ed by the people. The same section OF the
same ordinance, provides that at such cleo
tions, ersry qualified elcctor Under the provI.
sions Of this Constitution, may vote for all
offieerssto be elected. The Constitution was
ratified about the middle of April. About
the -2Sih of the same month, h,'AGeae'al Candy,
and not the, Commissioners. appointed By the
Convention for the purpose, ordered an eec.
ton for County officers to take place the I'd
and 81 of June. The election was held. and
Gen. Canby announces the; result "a General
Orders No. l22, Gated July l, lSGS. lie de-
claresdhat the persons named1in sale; order,
received a majority OF the votes>case ny the
qualified voters of their respective Counties.
This may be correct; but were all the gu l.
6ed voters, under the Stale Constitution, per.
,nitted to cast their votes? We think not.
Lesns.look. into the Constitution. lnAr-
,;cle, VIII. Section II, the disqualiiying pro-
y;so reads as follows: Provided that no per-
son. shall be allowed TO vote or hold office,
who 'is2now or hereafter may be disqualified
therefor by the Constitution of the United
States.p Now, the Constitution Oi:the United
States did not disqualify anyone rholding
Office. on account Of having engaged in the
rebellion, until very recent date. The Cog
spentien that framed the Siatc Constitutions,
evidently had in view the amendment to the
Constitution of the United States, known as
Article XIV, which they expected soon to
become part OF that Constitution. and which
has lust been announced by the Secretary Of
State. as part OF the United, Coustitu-
tiou.. Yhe Sd section of,Articles NEN, IN these
words:es:
8: No person shall be Senator or Repre-
sentative in Congress, or eIector of President
.and.ytee.P President, or hold any office, civil
or mlitSry. under the United States, or uu-
der auy&tate, who having previously taken
a. oath as a member of Congress, or as an
officer Of the United States, or as a inember
of any State Legislature, or as an ,>cxecqtlIc
or judicial officer Of any State, to support the
Constitution Of The United States, shall have
engaged in insarreciion or rebellion against
The same, or given aid or comfort to. the ele'
mes ihere,s y
1t will be observed that this section does
not abridse therigbtof suffrage. 1t only dis
qualities certain persons from holding Office.
Iftbls amendment been adopted by tue
States when first proposed noone would have
dreamelStha5it prohibited any person from
voting. who vas qualiied 10 exercise the right
OF suffrage, under tho Constitution, as it was
before this amendment became a part OF it.
Now, il we bear in mind that the State Con
sritution. Section II, Article VIII. provides
'sthat no person shah be allowed to- yoteer
hold office, who isEow.. or hereafter may be
Disqualified ihergfor blythe Constitution!of
Yhe' ,.iled Staies.''.' Are we not freed to
the conclusion, that the right of suffrage is
no: ,rbridged by th.. terms of The Consultation
of the State, on ACCOUNT Of any Participation
in ,he4ebeiliJn? Does il necessarily ;fellow,
thai because n person is disqualified Fl in
holding Sticc-by Article XIV. That he is also
disqualified from voting? Gy no means
This is a case for strict construction. The
citizen is entitled to ali the privileges that
are not taken away in absolute terms, aud
Hence we argue that no person is exclnced
from thcsp,iviege Of suffrage in South Caro-.
li,.s.. on account Of having engaged in the re.
Seiiion. The TIA section Of he ordinance OF
tie. Convention, before quoted. .prosides that
rpery qualified elector, under the provisions
of this Constitution, may vote for all officers
toibe elected at such elections, 4. e.,) for
County officers. Was every qualified voter
permitted to.yote,at the election fgr County
officers ordered by Gen. Candy ? Unauss;
tiodably not Theu does it not follew that
tie .fite.electicnsfor County officers are lie,
cal, and per. consequence, null AID void. Tue
Offices wersc. eated by the Constitutions, and
the sarde lower Gnyested with authority by
the. reconstruction laws) thatcreated' the Cpli.
stitution.. prescribes the ma1rsr in which
these should be Clected-an'd declared
who Should vote. 1t was in pursuance fihis
ordinance that Gen. Candy ordered Che elec.
tiop for State officers, members Of Congress
and members Gof the ef.Legislatlre. Without
this ordinance. we think it very doubtful,
1besher % would have ordered any elections
f,,.co,In,y officials. This should have been