Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-10-03
Who May be Members of a State
Convention ?

Editors appeal. The public are in
terested and desire to know what per-
sons are entitled, under the fourteenth
amendment of the Constitution of the
United States, to hold Office under the
United States or the State of TenneS-
see. .
l now propose to bring to the pub
lie attention, in compliance with my
promise to you, that class of persons
intended to be disqualified BIZ the
fourteenth amendment from holding
any Office, civil or military, under the
State OF Tennessee, until the diSabili-
ties of the persons composing this
class shall be removed by a vote of
two-thirds of both Houses of Congress.
The third section of the fourteenth
amendment to the Constitution of the
United States, is in the words and fig
ures following, to-wit:
Section 8. No person shall be a Seastor
or Representative in Congress, electer, or
President or Vice President, or hold any
office, civil or military under the United
States, or under any State, who having pre-
viously taken an oath as a member OF
Congress, or as an Officer OF the United
States, or as q member of any State Legis-
lature, or as executive or judicial officer of
any State, 10 support the Constitution of
the United States, shall have engaged in
insurrection or rebellion against the same,
or given aid or comfort 20 the enemies
thereof; but the Congress may, by a vote
OF two-thirds of each house, remove such
disability.
Ii follows, therefore, that no person
who has ever heretofore been q men,
Der Of the Congress of the United
States, either Of the Senate or House
Of Representatives, or a Cabinet Off
Ger, or II Judge of the Supreme Court
Of the United States, or OF any one OF
the Circuit or District Courts of the
United States, or any one who has
been 4 District Attorney Of the United
States, and who eugaget in the late
instruction or rebellion against the
United States, or gave aid or comfort
TO the enemies thereof in the late civil
war, can hold any Office under the
United States, or under the State of
Tennessee, when this amendment
shall be carried into effect by apprO-
pirate legislation.
Under the words "given aid or conn
fort" all who belonged to the Confed-
crate armies, all who delivered up to
the COnfederates during the wal any
ship of war, any arsenal or dockyard,
or who raised Confederate troops, or
supplied them with money, arms or
intelligence, during the struggle, and
previously took an oath to support
the Constitution of the United States,
a. an officer, whether legislative, eX-
ecutive or judicial, of the United
States, OF of any State, are intended to
be excluded from holding any office
under the State of Tennessee by this
fourteenth amendment.
Any person who has been a menu
Der of the Legislature of Tennessee, or
of Qay other state; Governor of Tenn-
eSsee, or of any other State; Judge in
Tennessee or in any other State; JUS
tice of the Peace in Tennessee or any
other State, and even a Constable In
Tennessee or in any other State, is in
tended to be included by the four
teenth amendment, from holding any |
Office, executive, legislative, judicial
or ministerial, until his disability is
removed by a vote of twO-thirdS of
both Houses of Congress.
But the question may be asked, who
are executive and judicial of the State
and are delegates TO a Convention to
amend the Constitution, civil officers
within the sense of the fourteenth
amendment?
Executive officers are defined by
law TO be such as the President OF the |
United States and the several Gov
ernors OF the different States, who are
invested with the executive power to
compel an execution of the laws, State
and Federal; while judicial officers are
all those whose duty requires them to
controversies between individ-
uals, rs well a accusations made in
the name of the State, or the public,
against persons charged with a viola
ton of the laws. Every person be-
TO the foregoing classes, who
has participated directly OF indirectly
IN the instruction against the United