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THE DAILY Daily Paper $8 a Year 'Let oar Just Censure PHONIX. Attend the Tme Event." Tri-Weekly 85 a Year BY JULIAN A. SELBY COLUMBIA, S. 0., TUESDAY MORNING, APRIL 2. 1867. VOLUME III-NO. ll. i THE PHONIX, r-OJSLISHEU DAILY A>I> TB^-WEEBXY. f P|. GLEANER, EVEJIY \V E? NES. DA Y SI?U:UNQ. 8Y JULIAN A. SELBY, CITS PRINTER.. Ortico cm lin ?ii street, a letv rtonrn above T.ty'or (or Ca;mle:i > street. TEK MS-IX A1) VA XCE. srirscniiTtON. Daily. Paper, ?six months.S4 00 Tri-Wcfckly. " " . 2 50 Weekly, * " <? . 1 50 AOvr.rtauEMxsTS Inserted ac 7."> cents per square for the first, insertion, and 50 cents for each subsequent. ' Weekly 7? sonia each ir.certiou. ag~ A liberal aiecojitU nuuleou the above ).:'?.* miit'n adeertleA/neUte1 are {neerteft. >>v '".< month ur year. AGENTS. W. C. Mooro. Abbeville. J. lt. Allen, Chester. Julius Poppe, Anderson C. H. S. P. Kiuard, Newberry C. ll. W. T. SitUB, Union. J. M. Allen, Greenville. The Ojiln lou of tlie Attorney-G?n?ral upon thc Ilfconatrnnf lon Act?. WASIIINOTOX, May 25.-The Attorney General has prepared tho following opinion upon the clauses of the Reconstruction Act with reference to roting and holding office. The provisions relr.tive to the du? ties and powers of commanding officers, etc., will Ire considered in a future opinion: ATTOKSET-GENEISAL'S OFFICE, May 'il, 1807. Tu Hie l'retidenl-Bx%: I have tho honor t? state my opinion upon tho questions arising under thc Act of March 2, 1867,- en? titled "An Act to provide for tho more efficient governmout of tho rebe;. States," and tho Act of March 2:1, 1807, entitled "An Act supplementary to an Act entitled 'Au Act to provide for tho moro efficient government of thc rebel States.' " Upon which quoationa military commanders of districts in which theso States are com? prised have asked your instructions. Tho iir.it and most important of thoso questions may bc thus stated: Who are entitled to vote and who are disqualified from voting at elections provided for or coming within the purview of theso Acte? Tho first provision upon this subject is to bc found in the lift h section of tho Original Act, and declares tho qualifications and disqualifications of voters for an election to be hold for delegate? to a proposed con? stitutional convention iu each State, and f..r the election to be held for the ratifica? tion of a constitution that may l?o framed Itv such contention. That section pro? vides that delegates t:> such convention shall he elected by tho male ( dixons of said .State twenty-one years old and upwards, cf whatever race, color, or previous condi? tion, who havo been resident in said Stato for ono year previous to tho day of such (lection, exept such as may be disfran? chised for participation in tho rebellion or for felony ?it common law; that the same qualifications so required for tho election (?:' delegates shall also be requited Upon the election for the ratification. This pro? viso to this section also excludes from thc right to vote for delegates to a convention every person excluded from the privilege of holding office by an amendment to the Constitution of the United States proposed by tho thirty-ninth Congress, ano known as article fourteen. The sixth section provides thai "until t he people of th?? said rebid States hull bc hy law admitted to representation hi the Congress of tho United States, any civil governments which may exist therein shall bo deemed provisional only, and in all re spouts subject to the paramount authority i: tho United States at any time to abc, I sh, modify, control or Strporcodo' thc . s line, amt iii all elections to any offico * under such provisional govern mon ts, all persons shall bc entitled to vote (and nono ot hors) who arc entitled tn vote under the provisions of the fifth section of this Act; and no person shall be eligible lo any of? fice u nd or ?ny undi provisional govern? ment who wbuld be disqualified from hold? ing office um'.ev the provisions of the third article of the said c institutional amend? ment:" It is lo be pbscrvod here that thc qualin ( .items of a Voter are, by the fifth section, i mited to the election of dclogatea to tho convention, and to the question whether ouch convention shall or shall not be held, and that no qualification is declared for ?i d rlOj?AtO SO lo he ? b eted, l.'llt by tllOM?Xtll .- ,?! thc 'ame nualitlcitlions as to a vnh r aro required iu a!? ejection* In any ellice under tluM xi.il ing previsions I governments during their continuance: anuna toe?gi ! ility ni such < lections, em'tain classe ? .o\ excluded. The fir-t section cf'the supplemental I Acs provider that thc commanding general j irs each district shall cause a registration . i > be Tilade of the male citizens of the j United States twenty-one years of agi and upwards, resident in each County or Parish ! in the State or Stales included,inJiis dis- i iel, which registration shall include only i iii i-e pi rs'uis who are qualified to vote for delegates by tho original Act. Thc perron j i rtVrin ; himself for registration is also ro- j quired tn take an eal(i, which, for conve-| 11 nee, I now divide into paragraphs or sections, preserving, as near as maybe, lite language of tho Act. He must Bwoar ? (I :tii lu as follow.- : l.-t. That he i- :. citizen of tb . State and li is resided in said State for - i mutha .M preceding the lay when he lakes thu i uh, and JJiat le now resides in the Count vol -, or in the Parish of - -, in ...dd State. 2d. That he is twenty-one year- nhl, ?Id. That he bus uot oven 'disfranchised ; ir participation in any rebellion or civil war against the United states, nor for b lony committed against Ibu laws of auy State (?r of the United states. llb. That ho has never been a member (.;' any State Legislature, nor held any i -, cntive or judicial office iu any state, .Liitl nfterwards engaged iu insurrection ur rebellion against) Iby United states, or given aid i?v comfort to thu oiiomiosj ibcreof. 5th. Thal ho has in ver taken an oath as .. member nf Congress of tin United States, or ns au officer of Ibo United Stati s, or as a member of any state Legislature, or an .xtctiliveor judicial officer nf any .st nie, to support tho Constitution of thc Unitci I State?, and r. I tor war. ls cngaxtd in hunr rcctiou ? or Ti'btUinn against tl ic United I States, or given aid ajul comfort to ( any enemies thereof. Oth. Tlrat ho ?rill faithfully support the Constitution and ob?)-. thc iaws of the United States, and wilt, to tim bo?t of his ability, encourage others to do Sv>. The second section of this Act provides that after tho complot ion of thia registra? tion in any state, ami ofter at least thirty days' nolico of the .time and places which the commanding genrral shalt appoint and direct, an election shall bo held for dele-' gat us to a convention; aud a rule is given to fix.the number of.delegates to he elect? ed, and the apportionment nf these dele? gate* in proper civil sub-divisions, giving ; to each sub-division representation in ratio I of thu registered \ ut?M. - The third section provides that at the I election tor delegates registered voters I shall vote fur or against a convention. 1 I Tho fourth section provides for an cloc I tion to ratify tho constitution that inny be framed by tho delegates, and the rigl?t to vote at this election ls contiiied to persons registered. Tho sixth section provides lint all elec? tions in the State* mentioned in said ori? ginal Act shall, during tho Operations of such Act, be by ballot; and all officers making said registration of voters and coif* dueting said elections shall, before enter? ing upon the discharge ol their duties, take an oath proscribed by tho Act of July 2, 1362. cntitleil "An Act to prescribe ail oath of office." Tho first consideration which requires my attention upon the question as to the right to vote arises upou thu registration of voters. The question of qualification or disqualification is fixed by registration. No power is given to any other board or any other authority after registration is completed to chango tho registry. Per? sons whose names are admitted to regis? tration aro entitled to vote, subject to tho limitation hereinafter mentioned, aud none other. This registration mast bc com? pleted before thu first day of September, 18f>7. Tho functions of the board as a board of registration cannot bc extended beyond that fixed time; but after that thc duties which romain to bc performed by tho officers composing this board are limit? ed to holding and superintending elections aud making the proper retai ns to the com? manding general. This brings na to tho direct question, who aro entitled to regis? tration* 1st. As to citizenship and residence, no porsnn is entitled to vote who shall not be resident tu tho State for ono year previous to the day of election. It is not necessary that this previous resilience for a year should exist?t the time the person applies for registration. A person in all other re? spects entitled to voto is entitled to regis? tration, although lu* has not at that time beon a resident of tho Stato for a full year; for we lind in the supplemental Act * that the oath, as to residence, does not require the applicant to swear that he has then boon a resident for a year, hut only re? quires him to state the number of months of his residence, contemplating a period less than, as well as, a full term nf twelvo months. Therefore, as to such a person so registered, if it happen at any election subsequently to be held that tho tims of j his residence, c muting from the day of election, does not cover an cutiru year", he cannot vote at such en ?tion; tor this sup? plemental Act does not, as to residence, change the provisions ?f the original Act, as it is expressly provided by it, as to re? gistration, that it shall include only those who are qualified to voto by the original Act. To carry out the purposes of tin law in this respect, as to residonce, the board of registration rdiould note opposite to thu name of the person whoso residence has not extended to the foil term tho exact timo of his residence. As tn citizenship, the qr. dificatiun stated in tho original Act is citizenship <<f the state; but tty the first cJauss.first section, of thc snppli mental Act, registration i- to be made of malo citizens of tho United States. As lo tho oath, the applicant ia indy required to sircar that ho is a citizen of the Statu. I UU1,of thc. opinion thal the phras? citizen of tho Stat??, as used :.! tho oath, is intendid to include ody snell per-' ?us as are citizens of tbs United Stated awl citizens of the State, mid that sn alien who has not been made a citizen of tie: United Status cannot safely take tho o>?h: but as tho board o' registration have < dy the authority to administer tho prosar i1 vi oath, they cannot require any further oath or proof as to citizenship; and if an alien lim made a citizen of the United States takes the oath, he takes it at his pei il, and ic subject to prosecution for perjury. .Jd. As to ?go. No fine is entitled to ro> , i -1 t a ti ni who is not nt loast twcnly-oii years of age pu tho day lie applies for :.?.? gis tra ion. Tu this rcspt-?l qualification a :o age differ? from qualification as to ru. side?icc; and the fact that maj >rity must exi-i ?it the date ot registration hus rela? tion to thu day?'' registration, anti not t< the day at subsequent election. ;)tl. Nt M. ns tn disfranchisement! ?.-?..li consider tor various clauses ut disfran? chisement according to the order* .ind d: v i sion into sections bcrcinboforii stated, and lirsi as to lbs gem ral clause dc daring disfrniicliisetaeiit. Thc fifth section of tin. original Act denies thu right to vote t. such as may bc disfranchised for partici? pation in tii<% rebellion, or for felony ai common law. The words here u-*'..!, "ir ii.' rebellion,1'innsl he taken to mean 'he ri ci nt rcbelli ni, but tho supplement t1 Ac! enlarges the disqualification, nod require! t le- applicant to swear that he has not beer disfranchised for participation in any re. hellion or civil war against tho Unite < Sti.tes, nor for felony committed against tin laws of any State or the Unitod Stales V hat, then, works a disfranchisement nuder these provisions? Whether wc con sid? i i his'Aisabiliiv .1? at ism < out ni ?arti ein i tion in a rebellion or the commission ti felony, the mere fad nf such participation, or commission ol A felonious offence, doei not of itself ivork disfranchisement. I mi:--' he ascertained by tlc-judgment of : cunt or 1)J A legislativo act passed bj comp?tent authority, jlfsfranehiscihcii for felony committed a'/ainst the laws nf ; Stute or tlio United Stat? s, consequent ?I ii conviction in the courts either of tin United states or of a State, ur .b ehin d le the lau s of eitlo r, would bo fatal nude' those acts. 1 nm not aware of any law o lb"' United Slate- which Wolks uiafimi j chiscmrilt tts to the right nf suffrage t iree of rho net itself: nor does such Cousu qnonee follow front a conviction t' .r tr.'axon j or conspiracy tn commit treason, or for HU otln i net ot particip?t! in in rebellion. Tbi provision in the Constitution of the Unite ? States as to treason against tho Unite* States doe? not deelan? what ?hall be the ? punishment on conviction ut tv?-astin. That is left fur Congress, with tho limitation that conniption of blued shall poi follow a? a consequence! nor any forfeiture except ! (taring the life of tho party. Congress, in tho exercise of its power, has limited such ! punishment, as the consequence of convic I lion, to the penalty of death or irtiprison ? ment, and tho manumission of slaves owned ! by tho party, and to the disqualification from holding suv oltieo under thu United States. I am not advised of any statute dow iii j forco in either of these ten State??, except, j perhaps, Virginia, which declares disfran ! chisemout as to right uf auftrage bv force <?f thc act itself. Tho fourth and 3f!h sec? tions may be considered together. Parties applying for registration musfswoar that "I have never been a member ol' any State Legislature, nor held any executive or jnthciu! office in any State, and afterwards i engaged in Insurrection or rebellion against tho United States, or given aid and comfort to the enemies thereof; that I have never I taken any oath as a member of the Congress ! of thc United States, or as nu pincer of the United Statis, oras a member of any State Legislatur?', ur as an execntivo or judicial officer uf any State, and afterwards engag? ed in ?isrirvecti?n or rebellion against the Unite.! States, or giwn aid ami comfort to the emmies thereof."' Those clauses of tho oath in effect extend disfranchisements beyond thc provisions of th< original act ami th? prior clauses of the oath .itself in thc important particular, that neither con? viction, nor tuc judgment of a court, nor express legislative enactment, is required to establish the fact of disfranchisement. In legal parlance, disfranchisement under these clausen of tho oath, results from matters en ,-ais; but in one respect these clauses limit the generality of the original act as to the disfranchisement. The ori? ginal act contemplates disfranthisemont nuder these clauses that does not arise from participation in rebellion aloue. but other elementa must concur-that is to say, holding certain offices, or taking oftlcial oaths hy certain officers, and afterwards participating iu rebellion against the United States. The consideration of these two clauses leads to two distinct subject matters of inquiry: First. What offices 01 officers arc comprehended? Second. What acts amount tu engagement in insurrection or rebellion agaiust the United States, 01 giving aid ami comf?irt to the onemi?s thereof/ I will first consider what office01 offices are comprehended. As to som? offices, there is no room for doubt. Mern hors of State Legislatures and momberso: Congress are clearly enough designated The question might, however, arise, whe thor a convention held in a State for th? framing or amendment ul its constitution would answer tho description of * Stat? Legislature within the meaning of tho act' Such a convention, although it is clothe? with legislative power, cannot properly bi I denominated a State Legislature; ami ii the acts now under consideration, a con venti<?n and a legislature are expressly dis tingnished, for they require a consfitutioi to bo framed by "a convention, and the; require the Legislature of the same Stat' to aib.pl tho constitutional amendment Wheo, then, in the sanm a ts they agait use tl.g phrase, "Legislature of the state, they inuit bc understood to uso it in th same sMise and as distinguished from ; constitutional convention; but as to tho* legislative bodies which passed what ar called ordinances of secession, by whatcvc name they may have been called, I am n opinion that their member:; are properl comprehended within this diequalirvin elaine, /or I qan imagine no o?iirial legisla tive p.. mon in which uie tbuy of nllegi&hc was more ?.stluctly violated, t The. next, the more difficult, inquiry ii I who is t?i bo consider: d an otiiei r ol th United States, or an executive ?o' jmlici. officer of arv State, within tho meaniu of these clause*!? Various classes \ ofiiecra are here intends*). Stete ofiicei an 1 PVdoral officers, and i XC Sift ive or ji I dicial officers. No legislative nQiccr i men;?One.1 lexcepl n fufrniuer . t a Stal I .cg Ls lature or member of (Saneress. 1>< script ions usod ns to oilier olfieers are n te Stale oliict-rs, that they must he jud cial ur executive, and us to a Feder, officer, tho terms "judicial" or "oxo?;i tive"' aro n.'t express. He in ilcscrib'' s Uh ply as an o fib . r of tho United State It has been shown ihat. Federal ottloci sud Stato, o&curs ar? classified separate in thc (axises ol thc Act nuder ixinsidor; lion. I ii. m ii profitable and coudrier, to a clear order lo follow this classife. lion, I shall accordingly iir?t considi what Stiiie oificers are inclndeu iu tl loriii" i \ .MI!ive or judicial. This pbrat :- twice used in UICHC ?dieses, with il supu-. i bid'tle-iiiiiyil'^M, "hi. upy ...:..:? "In any State,* in vin- Ur?t claiiov, und any Si?:-- l:i thc second clause. 1 ihii tho Controlling t> rm of description, lb':-.- is any r'-pugu...?.;y, ITt&the terni mus: i e talo n to bu ttK- last, for that u.-ed ri Ibu first clause ?indothers beeide lt ?s fhc same term ?.:' ? ription used tho Act of Congress ol 1<?I), df?l?lii what State officers arc rcqnircd total thc oath lo support tTieCiit'isfitntion pf t! "Jllitl ?1 Slate-," jud in ill . third section thc constitutional amendment. Doth u the Kamo terina ?d'?I? ?eripti?>n-"oxeesui and judicial officers of ibo State.'' T term- are so general and indefinite th they fail lo express with sufficient certai tv a ihtoignatlon o. tin pt rsons intend tb bo r< ached, lt i- lo ho rl'gn tted, in mattel of so much importance, that t rule ol designation adop'tcd as to inc burs of Congress and ota Slate Legis inn had not been followed np. If tl wore impracticable, thal some moro di nile general rules had not bc? n dec lan j IP uncertainty becomes manifest in t application of " tho law, and thia une t.iiniy nuces? sit ates construction. T necessity for construction, which arh from lin;generality of Ibo law, cannot better stated than in the language Plowdeii: "Though Ibo word? be gene? thry are to be reduced '.<> n partlculai bv exposition ma le according lethe tent nf the Act. Those statutes wb comprehend all things in tho letter,! sag* s of thc law have expounded to (end ;.> but some things. Those thu Which glin lally prohibited all people fr lining such an act, they have intcipre to permit some persons t > do; and th which Include every pi rson lu the 'etl they have adjudgi "i reach -m?- rsi only all f.jU?oe I Uj.oli tb?, inti nb is cultcefed by c.!.-id' ring the catiae : necessity of. tho act, and comparing i part willi another, and sometimes fy reign circumstances." 1 deem it pro here lil lix -?une clear ideKS "I the geln Intent Of these Acts, and by what righ i construction, strict or liberal, tu?t intent I may best l>e arrived at. The'intent,'as 1 i expressed, is to ?nable tho people of each | I of these ?States to frame a constitution Tor ; tho State br the exercise of the r?ght of 'suffrage, Tl.ero aro claus's of the Act i giving tho right, by general terms of do ! scrlption, to the people generally, and j especially ta those who have never enjoyed ? the right*before. There aro'other clauses of the Act, which, by general tertrts, tako away this right of suffrage fiom those who have always enjoyed it. The rule ? ? con? struction ks to tile clauses Urbich givo the right must bc liberal, and as to them tho general terms are not tobe restricted. Uut as to those clauses which, derogate from tho existing right, tho rule of construction . ninst bc strict, that none should bo ex? clude.1 who are not clearly within the let* ter and intent. 1 begin, then, with tho inquiry, whether officers of tho military of the State ere embraced within these terms .if descrip? tion? And I have no doubt they are riot. Certainly Congress, ns to thc officers of a State, was not content to uso the terms nt largo and*without qualification. If Con? gress had intended to quality, the usual words to manifest that intent woul t have been adopted, and thc ternn would havo been "thc judicial and o^entivo, thc civil or military, officers of tho State.' Accord? ingly, we lind Mint when that was pur? posed, as wo seo it was in the third section of the constitutional amendment, in arti? cle fourth. Congress expresses that pur? pose vcr clearly. That soction provides that no person shall bc a Senator or Rep? resentative in Congress, or elector of Pre? sident or Vicc-Pres.'dent.or hold anyofiice. Civil or military, under thc L'uitcd" States or under any State, who, as a member of any State Legislature, or as an executive or iudicial officer of any State, took an oath to support the Constitution of the United States, and shall have engaged in insurrection or rebellion against the same, or given aid and comfort to tho enemies thereof. This third section is expressly referred to moro than once in these Acts. It is nnflejn fact, a part of these Act.?. Its languajw is followed word for word in those disqualifying clauses as far as was practicable, except in tho particular in which one is made to apply to eligibility, and the other to the right to vote. When, therefore, wo lind that Congress, in de? claring what persons shall be disfranchised from lending any office, expressly includes military as well as civil otiicers, as in tho third section of the amendment, and in providing what persons shall be disfran? chised from votmg who held anyofiice, omit to mention military officers, we can? not escape tho conclusion that military officers were not hero within their contem? plation. It is impossible to imagine a case m which the construction from laws in ?yiri innteria has a moro cogent applica? tion, for it is evident here that the law? maker, in framing a disqualification for voters, took special cognizance of the third section of the amendment, and weighed it word by word, following it literally for the most part, and rejecting deliberated the very word intended to embrace a military officer, lt must be borne in mind that wc are here considering the class of military officers who wero such prior to the rebel? lion, when tho office was lawful, and who were officers of the militia; not that class who became military officers during the rebellion. As to this last ciass, they all come under that other clause of disquali? fication which applies to participation in rebellion. Having tite inquiry tims circumscribed to civil officers, the q nest ion recur-, what civil officers ?ire io bc brought witbiu the terms*'4exeeutivc or judicial officers of a State?" They clearly include, so far a? executive officers are concerned, all such officers as an- generally known hy Mu- pro? per description of State otiicers, or nfiicori of State, lu one souse, and in a populai sense, a description of the t-xceittiv\? officers of a State is ap? lien ble to a well known das- -the Governor, Lieutenant Governor, Auditor, Treasurer, Secretary and Stale . tticials proper, who exorcist executive functions at thc seat of Covern; ment. I nm ?i"t prepared tn ?jay thr.t only thea* ?.roper Statu official.- conic within ihn :< rm of description, nor nm I prepared, a lo the judicial officer- of the State, t limit the description t J judges of court* whose jurisdiction extends over Hie entire State. I must content m\ -Ml in saving ?> these officers, executive or judicial, thal they are clearly within thc meaning ol'flu law'. Nov.. changing tin- iinpiiry from ?I affirmative to n negativ? process, sue] officer- as usually pass under the iWserfp tion municipal do not como wit ?un si.* pur view of th.- Act? such as officers of ci;ita towns, villages or subordinate ninnicipa division?, whet hov their ftiuetion* atc exe ?.ulive and judicial, br, as i- sometime: M?e cuse, wnere the same officer sets i: both capacities. Outside these uv, ivpres; ntative classes, th first of which i clearly within, mid tito last of which i clearly without, th... pur-view of the*? chulees, WOiilld in each of tin in Si.it' .- i host ' ? officers wh<is?- status i- in -.'im ?.iy 'tv, be determined, lt ImposMb? lie.ru to proceed by way of enumeration and lo distinguish by mum ni! those wb arc included and all thoru who ar. ? xehtd ed. AU that can Le done is the rc-estal fishing ?if .-.inn- fixed rule. ? feel un i? the necessity of circo iusp?rat ion lure i saying wno afc included within tl.? dis f ft nell i s? nient, rather than iii saying wh ..ie not included; for where there i- donbl according to the mle of constiuetio which has been referred to, that ilonl mu-* be solved in favor . ?; rather ilia ngainst the right of ibo voter. The ? * elusion is all-comprehensive ns t" lim? and applies not only to those who were i office when the rebellion commencod, bu to ; lu s? who held Mn prohibited offices a any Hmo pri vions, although tiny ma; hare ccasud tn hold such Office an indi ? nile number of roars prior to th?- rebe! li .-.i. lt :- founded on the ??I M of hreac of officiel trust due to tho Slut? as th authur or donor of th" ti v.st. It is fount eil .'ii tie idea of a breach trust. n< arising merely from allegiance as a ciiizei hui from duty to thc stat - in ,i lirei official relation to tii.it Sta?" and throng that to the Federal Government. So IJ a.-this Aei designates by hume the pei sirt s who violate such a trust, it is to tin class to whose '.?' ?-ping the trust is csp? ciallv confided that i? t?> say, the ncr?oi who' wu.- clothed with tho legislativ power. Whereat*, in th** instance, lhere a purpose of exclusion on a comino giouud, md one class is designated a coming within tho purpose, mid ''tin classes ar?' left Indefinite, ami univ to I ascertained by const ruction, it is all?)? ai'le to Hud the indefinite class br tb? rale of assimilation. Wo soo, then, in thin law, iv purposo of exclusion as to the three (rreat departments of a State - legislative, judicial slid executive. We see, further, that SB to the legislative department, ni ai ie up or a le gislativo body composed or mem? bers and various officers appertaining to such body as ? legislature, the exclusion is ouly of "the higher functionaries of that body-tho members-and is not carried to its subordinate officers. Thc terms of ex clneton are, not "thomombers and officers of a State Legislature," but simply "tho members of a State Legislature." At, therefore, tho exclusion in tho legislative department has effect only on the highest dhus in that department, it is safe to say that thc same policy of exclusion attaches rather te? snob officers that oxerciso fane? tient <>f importai t trust ia the executive and judicial departments than te> thoso whose functions and duties aro merely limited and subordinate. I have already called attention to the comprehensiveness of tbeso exclusions as to time. Now, to declare them equally" comprehensivo as to perenna, and to say that they embrace all officers. largo and ?mall, coming within the description of executive or Judicial officers, who have at any time dining their lives held any one of these offices', would have this Inevitable reenlt, that in tho forma? tion of a, Constitution for n State by the agency of its own people, a large propor? tion, perhaps a majority, eif thc most intel? ligent and capable of tho people would be excluded. There is no part of my duty in attempting to aire construction to these luvvs in which I lind myself involved in such painful uncertainty as In determin? ing what officers outside of tho classes dosignated come within the just rango ot exclusion. I hare said that, in addition tor tho class of officers who comoclearly with? in tho terms Of the Act as judicial and executive officers, and to those classes which comprehend militia officers and municipal officers, who clearly do not come within the terms of the Act, there remains a vast body of officers whoso status is in some way "to bo defined. Those are known in popular language by such terms of description as .'County, town sln*]> ami precinct officers." Their name is legion. Their functions and dillies are for the most part strictly local. Some ot them, such as sheriffs and justices ol tho County courts, have jurisdiction over the entire County; others arc restricted to thc small? est civil sub-divisions. I havo directed abstracts to be prepared tor each of these States, which will exhibit all those offices, and the tin*les which appertain to them, and the form Of oath required. I must reserve for future consideration, after thc abstracts arw made, tho question, whether all of them, or, if not all, what classes ol these officers, como within the disqualifi? cation? As to all other executive or judi? cial officers who are not, in popular lan? guage, characterized as County officers, I incline to consider them a? coming undei the description of execntive and judicial officers of a State, within the meaning ol those laws. I deem it proper here, in re? ference to that class of officers, judicial 01 executive, who are, by tho ruh; 1 have laiti down, brought within the operations ol disfranchisement, to distinguish a class whose duties are not localised, who utan?! in direct relation to thc State, and who, it my opinion, cannot properly bo designate?! as executive or judicial officers of the St ate I mean that class of persons who exercise special public duties rather in tho naturi of occasional employments than genera and continuing official duty. This Sistine tion between office and employment, ant between ?,n officer e.f a State and an ngenl of a State, is well established. Chief Jus tioo Tjlghman, in 8 Serge and Itawlo 149 recognizes it in the case of commissioner! appointed to lay out rost?s and canals nm other works of .public improvement. Tin question arose upon a section in the Con stitution of Pennsylvania which provide' that the C i vernor shall appoint all officon whoso offices aro "established by tbii constitution, cr shall bo ? stablish?* tl bi law, mu? whoso appointments are nu herein otherwise provided for." Th? Chief Justice said: "It has nevor beet ascertained, nor is ir t::9y to ascertain, ti what offices this power extends. I spoal of ofiiues created by law since the mauin; of thc Constitution. Thu word office is o very vague and indefinite import. J?very thing cHicerniDg the administration o justice in th ? -genual interest of society may he supp "fled t > 1? within thomcnninf of ?he Constitution, especially if feus oi emoluments are annexed to the office; tm ihire are malters ot temporary miel loca .'.-... (.i'll which, although c >nipreben?le?l ii the tenn 'ofti 'e.* have not boen thought t', be embraced fe,- the Constitution; au; winn offices of tli;.: kind have boen treat eii. the Legislature bas s imetimes madi ?he appointment in tb? law which create? i bein, sometimos giving the nppointiAen to other- than tb? Governor, and tome times giving tho power ?>i removal t< ? .tilers, all bongil the appointment was lof lo :!..' Governor/' The officers of whom am speakin r are often described in Acts ti Assembly hy the-nami of cnmmissioiicrs siicb, foi inst anco; usare employee! in th laying out of roads and canals apel ollie works ul a public nat uro, Yet all the? p< rform :.. <luty, or, in ot hi r words, OXIT ei-.e their Office I cannot enumerate all o the employments under siaio authority ?vhich, in my opinion, work no diefran cbisement. I will name some, bv wayei illustration, vi&: Boards of ?ximiuiseioner . .. public wot ks. ?liri ? tot * ol State asylums visitors of State universities, directors o State penitentiaries, Stat.- directors o banks and other corporations, special com missioners or agents appointed by th Governor or other state authority to pei form special duties aa examiner; of bank? notaries public and commission! rs to tak acknowledgment ol deeds. Tho mle (ai duwil and these illustrations will, per h apt hu sufficient io determine abo come muk its operations. Thc tif'Xt (liseptalifyin , clause i* fonude on the o ith of office. The oath, as in, dental O' ibo office, ia ii"', mention, d i the first disqualifying clause, but/thooffic alone. Hut in tin second clause, the oat is m ide ri? enter as n necessary ciernen in ord'r te? work lisfran? !u.-< nient, and? is applied to the s ine classes nf otticei named in tb? tirst claus-that is. t "th, i rs < r Die I'nited States, ftisano.it to support the Constitution of th? Unite States, and it is clearly provided by tin lian-"?: that, if this oat ii lias bc? ll taken b ;.. member of a ?late Le-gbdaturu, or bj a executive <>r judicial officer of any Stab Iben snell pi ison violating that oath, an engaging in insurrection, -nail be di-frat chiscd. L'hcro is s?ime obscurity in the? el Hist s, and room for doubt wbetbor ?ii' qualification under tho first clause would uiii" in th" CUM' of a member of a State I^K?daturc, or any executive or judicial officer of any State, who had not taken an oath to support the Constitution of the Usitod Staten. I incline to tho opinion that thin oath ia put as an essential thing, thc breach of which by insurrection against the United States violates the trust im? posed by it upon the officer. But this clause, so far as the executive or judicial oflicers of tlie State are concerned, does not enlarge the class subject to disfran? chisement. The olliccr breaking the oath which works disfranchisement must also be a judicial or executive officor of the State, according to the rulo heroinbeforo c stubhshod. 1 do not apprehend any prac? tical question will arise here, for by the Constitution of tho United States! this oath is required to be taken by thc mem? bers of thcBovoral State Legislatures, and all executive and judicial officers, both ot tho United States and of the several States; and in theso ten States the samo oath was rcejuired as to thc members ol' the Legislature and the executive and Judi? cial officers of the State. This brings me to tho question, Who is to bo cousidorad "an officer of tno United states" within tho meaning of tho clause under consid?r? ?t ion? lloro the term officer is used in its most general sense, and without any quali? fication, as legislative, or executive^ or ju? dicial, and I think, a 5 here used, is niteud cd to comprehend military as well as civil officers of the United States, who had takon tho prescribed oath, inasmuch as the violation of the official oath and thc official trust hos relation to fealty to the United States, which is broken by rebel? lion against tho United States. The rea? son is apparent for including all officers of tho United States, and for making thc dis? franchisement moro general aud compre? hensive as to them, standing an they do in n.oro direct relation of trust to thi United States than the officers of the State. I now como to consider what is thc meaning and scope of tho disqualification arising from that part of tho oath which requires the person to state that he has not engaged in insurrection or rebellion against thc United States, or given aid or comfort to thc enemies thereof. I must here repeat what has been said before, that, in the work of disqualification, two elements must concur-tirst, holding tho designated office, State or Federal, accom? panied by au official oath to support thc Constitution of the United States; and second, engaging in rebellion against the United States, or giving ?id or comfort to its enemies. Both of these must not only concur, but they must coucnr in the order of time mentioned. First, the office and the oath, and afterwards engaging in re? bellion, or giving aid or comfort. A person who has held an omeo within tho meauing of this law, and has taken thc offisial oath, aud who has not afterwards participated in a rebellion, may very safetv take this oath; and so, too, the person who has fully participated in the rebellion, but has not prior thereto hold an office and taken the ofticialToath, may, with equal safety, tako this oath. My duty here is simply ono of construction." I do not deem il proper to enter upon any question of thc constitu? tionality of this part of the Act. Taking it as'grantod, for the purpose of construction, that Congress has the right to impose such an oath, it is not only al? lowable, but imperative, that I keen in view its essential characteristics. It is something more than a legislativo Act, lu derogation of au existing right, lt ia, i:i effect, a law which takes away an existing right as a consequence of acts done at a prior time, and which, at tho time they were done, entailed no such consequences. In the late caso before tho Supremo Court of tho United Slates upon tue test oath prescribed by au Act of Congress to be taken by lawyers, by which the exclusion from the right to practice their profession was made to arise from prior participation in tho rebellion, the court alys: "As tho oath prescribed cannot be tauen by these parties, tho Aot as against them operates, as a legislative decree of perpetual exclu? sion, and exclusion from any of tho pro? fessions or any of ?ho ordinary avocations of life, for pastcocd'uct, can bo regarded in 110 other light thau as a punishment foi such conduct. The exaction of the oath . :s Ibo mode provided for ascertain in g the. parties opon NY, hom ll.e Act is iuteudsd to noc?ate, and. instead of lessening, in? creases its ubjectionabli- character. All enactments of this kind partake of the nature of bills of pains and penalties.'-' foo court further says tho deprivation of any right, civil or political, previously en? joyed, may bs punishment, the circum? stances attending and the causes of the deprivation determining this fact. Tho characteristics of this clause ut the Acts are therefore retrospective, penal and pri? mitive, of course, tin re can bi- no qm . ti-.U un tU the rubi of OOUStl'UCtiOll which i> liereto bs applied. Those who aro ex? pressly brought whhiuita uperalians can-, nul he savod from its operations. Where, from t?o-generality ol terms of descrip? tion, or for any other reason, a reasonable ilutibt arises, that doubt is to bc res? Ived agaiust the opel..lion of the law aud in favor of tho voter? What Acts, then, with? in the moaniag of thc law, make a parti guilty of engaging in insurrection or re? bellion against the United Stales, or giving aid and comfort to tho enemies then Tho language here coruproheuds put only Hie late rebellion, but every past rebellion or insurrection winch has happened 111 tin United States. So, too, it comprehends every foreign war in which tho United Statua h*s al any lime been engaged. -lb./ lirai part ??f tho sentence covers cases ol domestic war existing in Ibo form of r? bel liuii or insurrection, whilst Ibo last part applies to foreign war. The words "giving ina and comfort (-. the ciiciuiea ol the United Slates''are tho same used in the constitutional dciioltioii of treason, and tin- enemies there meant must bo taken to lie foreign enemies. Theso words, origi? nally fourni in the carly statute.* of Eng? land against treason, haye received that settle)! interpretation m bnglish ami Ame? rican courts. They aro used in tins Act without ?my qualification, and wc (rive tliein lull fore? and application when they are made to apply lo lulhereiico or giving aid und c. infori to foreign enemies.' Such an Act. as to the breach of the oath or dut* ol allegiance, stands upon th? sam? policy ?>f disqualification as engaging in ribei'lion or civil war. A person, there? for? . wlio gav. aid and cm.fort to our ena inii * iii th? war with Urea! Britain in 1813, and io thu war with Moaieo ill 1*17, would. 11 that particular, come withiti ibis clause. In laving down Ibis mle, 1 do not folget that, for certain purin"" -, and in a ? ci tam