The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-03-10
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Carollna who are required to take an 0ath Il
support the Constitution of the State and O.
the, United States
Attorney General, State and County So
licitors, Clerk 6 Master in Equity, Clerk Of
the Superior Court, Clerk of the County
Court, Comptroller, Constable, Coroner
Entry Taker, Governor, Inspector of -four
and tobacco, &C., Judge of the Supreme
Court, Judge of the Superior Court, Justices
| of the Peace, Public Treasurer, Ranger
| Register, Secretary of State, Sheriff. Stand
ard Keeper. Stray Valuers, Surveyor for the
| County, Trustee for the County, The
| foregoing is taken from the Rev. Code
Chap. Oaths, and to them may I've added
Mayors of towns and cities, upon whom
are cast magisterial duties. l,l,
Il Any person who held any of these Offices
before the rebellion, and then engaged in
the rebellion, is prohibited from holding
office until relieved by Congress. gl
8. What will amount to having engaged
in the rebellion?
~ Holding any of these officers under
the Confederate government.
a. Voluntary aiding the rebellion by
personal service, or by contributions other
than charitable of any thing that was use
full or necessary in the Confederate service.
4. Members of the Legislature are also
excluded from Office although they are not
officers by the express terms of the -Four
teenth Article But the clerks and other
employees of the Legislature are not exclu-
| detl. And thence an argument is drawn
against the position we have taken; for they
say. as only the principal persons in the
| Legislative Departments are excluded, 1T
shows that only the principal persons in the
other departments were intended. But is
not the strength of the argument the other
way ?-for if in terms it is confined to the
principal persons in the legislative depart
ment and in terms not confined to the prin-
cipal persons in the other departments
but extends to any"-all-why the diff
ference in language unless there was to be
difference in the sense2
We are not called upon 10 explain tohy
a difference was made, nor do we know that
we can give the true reason but quere, are
there any officers in the Legislative Depart
ment? The members, Ithe principal persons,
are not officers. There arc not many per-
sons connected with this Department. ex
cept the members; and the few that are,
are mere placemen. Nome OF their employees
are required tn take an oath to support the
Constitution of the State, or of the United
States, and no oath of office even, is prescri-
bed for them IN the Rev. Code, Chap.
Oaths. nor elsewhere, so far as we know nor
are we aware, that it is usual for them to
take any oath at ALL But in the other De-
partments, all officers are required to take
an oath of office, and also au oath to sup
port the Constitution of the State, and of
the United States and all mere placemen
are required to take an oath of Office, or an
oath to perform the particular duty requir-
ed
In the discussion at the Bar, the question
was considered as if it depended upon
whether the officer might not be ministerial;
and in that sense, neither Executive nor Ju-
dicial. That learning is useful when we
are considering the questions of the duties
and liabilities of officers, but it does not
help US here, for though he be ministerial
only, yet he is ministerial either in the Exec
utivc or Judicial Departments. and his be-
ing such and taking an oath to support the
Constitutions, excludes him from Office. The
oath to support the Constitutions is the test
The idea being that one who had taken an
oath to support the Constitutions and vio-
lated it, ought to be excluded from taking
it again, until relieved by Congress.
Some confusion was caused in the public
and in the professional mind, by. reason,
that the Attorney General of the United
States, was called upon for an opinion, and
it was published, as he says, before he had
matured if. In that opinion gath May,
1867, it was intimated that only the princi-
pal State officers, aud not the county officers,
might be excluded out on 18th of June,
1867, lie published his consideeed opinion,
and in that be says: G s.t g.
"12. All the executive or judicial officers
of any State, who took an oath to support
the Constitution of the United States, are
subject to disqualification, and in these / in
clude county officers as to whom, / make
in the opinion heretofore gwen.
After full consideration, have arrived at
the conclusion, that they are subject to dis
qualification, if they were required to take,
Us part of their official oath, the oath to
support the Constitution Of the United States.
'13. Persons who exercised mere agencies,
or employments under State authority, are
not disqualified such as commissioners to
lay out roads, commissioners public works,
visitors of State Institutions. directors of
State Boards, or other State institutions,
notaIies public, commissioners to take the
of deeds, and lawyers"
-. There is error in the order tor the per-
emptory mandamus.
Petition dismissed with costs.
READE, j.