Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-10-18
THE ACTION OF THE FOuh.
1EENTH AMENDMENT ON REBEL
nrruCF.HOLpER


THE ACTION OF THE FOUn
,EENTH AMENDMEHfOh kEnhA
OFFICE.HOLDERs' :,
The question is becoming one OF muef
;otsrest, whether persons are capable o.
holding State offices who are embraced
iii, the prohibition of the third sec
,;sp Of The Fourteenth Amendment Of
the Federal Constitution.
The purpose and effect of the section
vas 10 exclude from Office. State or Ma
tiouaI, persons who had held before the
rebellion, any office, State or National
and had afterward Engaged in the rebel
lion. The language of the section Is
"No person shall be Senator or Repre-
sentative in Congress. or slector OF Pres'
;dept and President, or hold any
office, civil or military, under the United
States, or under any State, who, having
previously taken an oath ss Q member o.
Congress or as an officer Of the United
States or az o member OF any State
Legislature, or as an executive or JUDI
c;al officer of any State. to support the
Constitution of the United States snaIl
have engaged in insurrection or reoel'
lion against the same, or given aid OF
comfort to the enemies thereof"
LTD to be observed that the terms Of
this section are broad and explicit, en-
brscing every legislative, executive and
judicial officer Of the State who has taken
the oath to support the Constitution Of
the United States. Every such officer
who has taken such oath, and who en-
gagged in the rebellion, is prohibited from
holding any flee, Federal or State.
1t is also to be observed that every per
ann who has held any flee in Tennessee,
legislative, executive or judicial, since
the adoption of the State constitution OF
1894 has taken the oath to support the
Constitution of the United States; and,
therefore, every person who has held any
Office in the State, legislative, executive
or judicial, is within the prohibitive cat
egory.
But suppose person within the pro-
hibitive category is elected or appointed
to an office, and enters upon the perform
snce and enjoyment of it; what then
Are his official acts invalid2 Does he
incur apy penal,y2 The answer is obvi-
Gus and certain beyond doubt Ifnot an
officer de jure be is an officer de tdcto,
and as such bis official acts are valid.
Congress has enacted no Law denouncioR
any penalty or punishment against per-
sons who presume to enter upon ONCE,
though prohibited by the third section
Consequently no penalty or punishment
can be inflicted upon such persons.
Perhaps, however, the statement should
not be go broad. An oath Of Office is re-
quirsd Of persons about TO enter upon
them. A portion Of the oath is to sup
port the Constitution ofthe United States.
The Constitution, by the second section,
prohibits persons, in the prohibitivs
category, from holding any cAiee, State
or National. Perhaps the oath Of Office
taken by persons of this kind is perjury
At any rate, if not legal and punishable
perjury, such oath might be deemed BY
persons of nice conscience, too near to 9
false oath to be lightly taken. The offic'
may not be worth the cost to snch per
sons.
We are not aware of any adjudication
BY the courts Of the questions srisiDl
under this section but in one instance
The case in which the questions aros
was 10 the Circuit Court Of the Unite,
States at Richmond in Virginia, Chic
Jasiice Chase presiding. Hugh W
Shsffsy was Judge of the Circuit Court o
Rockbridgs county Ia court Of the State
having been appointed and quail fed i
1866, and before the ratification an
PRONUNCIATION Of the Fourteenth Amend
meut. A colored man named CSsa
Griffin WAS indicted, tried, convicted
sentenced and imprisonei, in the Circui
Court Of Rockbridge county, Sheffs
being the Judge. upon the chsrg
of shooting with intent to Kill
While in prison Griffin sued out a habeo
corpus before the Judge Of the DistriS
Court Of the Uaited States, name
Underwood. Upon the hearing befor
the District Judge, it appears that Juds
Shelley had held an Office before th
rebellion, and had taken the oath
support the Constitution Of the Unite
States, and had engaged in the rebellion
aud thus was within the prohibition {
the third section Upon this state
facts Judge Underwood was Of opisio
that, BY virtue Of the third section, Jude
Shelley was incapable Of holding a
of6ce, aud was not q valid judge, an