The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-03-10
WHO ARE BANNED.
Decision Of The Supreme Court Of North Carolina
Reported for the Standard
Opinion of Justice Reade.

Reported for the Standard.
Opinion of Justice Reade.
N THE CASE OF WORTHY VS.. BARRETT EFT. AL
It is insisted on for the petitioner that the
s. County Commissioners of Moore county,
% have no power to enquire as to his qualiti
cations; that their duty is to administer to
=, him the oath prescribed by law, and to re-
ceive his bond; that this duty IS merely
ministerial and involves the exercise of no
discretion; and that the court will enforce
its performance by mandamus, and leave the
petitioners right to hold the office, to be
tested by proceeding under quo aoa,rGnto.
The solemn act of administering an oath
= and Inducing into Office may not be merely
ministerial. But If it were, the court will
1e not compel them to do wrong. if it be clear
that they did right.
mos Our statute provides that no person pro-
II hlbited from holding Office by section third,
ie of the amendment to the Constitution to the
1n United States, known as article Fourteen,
shall qualify under this act, or hold Office in
q this State Acts of 1868, chapter 1, Sec
ton s. -.,.f, .-,..s
The Fourteenth article of the Constitution
=, of the United States, section 8, is as fol-
lows:
No person shall be Senator for Repre-
sentative in Congless, or elector of President
and Vice President, or hold any office, civil
. or military, under the United States, or
under any State who, having previously
taken an oath as a member of Congress, or
o. as any officer of the United States, or as
member of any State Legislature, or as an
executive or judicial officer of any State, to
support the Constitution of the United
q States, shall have engaged in instruction or
Jurebelien against the same. or given aid and
= comfort to the enemies thereof But Con-
gress may, by vote of two-thiIds of each
House, remove such disability"
h" Senators and Representatives in Con-
-gress, members of the State Legislatures and
all executive and judicial officers, both of
the States and of the United States, shall be
bound by oath or affirmation to support this
2 Constitution. !" Article 6, section 8, Consti-
tuition of the United States 1c..s55..-s...
.lJs The petitioner was a sheriff before and
, during the rebellion, and the question is,
81 whether he is disqualified from holding the
! Office of sheriff now by reason of the Sd Sec
Il ton, 14th article, Constitution of the United
3 States, supra.
v The government of the United States is
:. divided into three branches
Executive and Judicial. These three parts
make one whole. There is no other part or
parcel.
It follows that there can be no office in
the government that il not in one of these
+ departments. There can be no officer ex-
cept he be the incumbent of an Office;
}. therefore, there can be no officer except he
be In some office in one of these depart,
~, H. =, Al.
department, then he is legislative officer;
if in the Executive, he is an executive Off
Ger; and if in the Judicial, he is judicial
officer a5.l
But note: it is not every one who is of
these departments that is an officer. Every
officer is of these departments, but not rice
SersG. Members of the Legislature are not
D officers. Theirs are places OF trust or profit,
2 but not offices of trust or profit. So in the
other departments: as in the Judicial, we
s. have judges, sheriffs, clerks, &c, who are
officers; and Jurors, commissioner &C., who
are pldcemen. Nor is this distinction with
!, ont difference, for our statute speaks dis
tinctiyey of offices of trust or profit and of
PLACES of trust or profit. (Revised Code,
chap ~, sec. ~ And the fourth section of
.fhe same is as follows: g y li5lf1 sI
Every officer, and other person, who
may be required to take an oath Of Office, or
: an oath for the discharge of any duty i'm
posed on him, and also the oath appointed
y for such as hold any Office of trust or profit
in the State, shall, &C., &C., which shows
that every person who is called upon to
D perform public duties, and take an oath to ?,
z discharge the duties, Is not necessarily an
i1cDseer. 10 5s5.aa.iia 3s.tay s-3 10. ID sy.f
Let us consider: no
aIi,a l. First is the sheriff an oficer2 An
Office is right to exercise public or pri-
waite employment, and to take the fees and
emoluments, in which one has a property
and to which there are annexed duties, and.
: with US, in public offices, oaths to support
the Constitutions of the State and. of the
United States do not know how better
to draw the distinction between an officer
and mere plaeenlan than by making his
oath the test. Every officer is required to
take, not only an oath of office, but an oath
to support the Constitution of the State and
N the United States. Req. Code, Chap. Oaths. a
ibn Whereas every mere placenaan, is simply
required to take an oath to perform the bar.
q ticular duty required of him-as in the case
y OF Jurors, Commissioners, &c.-and takes NO
oath to support the Constitution of the State
or Of the United States . b.-.a-
- 2. Does the sheriff office require him to
= IKE an oath to support the Constitution Of
the State and of the United States Z
'a unqnestionably it does. every member
saiofEthe General Assembly, and eyery
: person who shall be chosen or appoint.
ldsed to hold any Office of trust or profit ia
the State, shall, before taking his seat. Or
"a entering upon the discharge Of the duties of
the Office take and subscribe the following
{. OATH" &c. REQ. Code Chap 0aths. Then
follows the oath to support the Constitution
~ the State And the fifth section reouires
niat tfey shall also take an oath to support
the CONSTITUTION of the United States.