North Carolina Newspapers

7 rf OFFIO $3 Per Annum IN ADVANCE ON THE SOUTH SIDE OF TRADE STREET CHARACTER IS AS IMPORTANT TO STATES AS IT IS TO INDIVIDUALS, AND THE GLORY OF THE ONE IS THE COMMON PROPERTY OP THE OTHER--- mi. J. YATES, Editor AND PROPREITOB. CHARLOTTE, N. C., TUESDAY, JUNE 4, 1867. FIFTEENTH YOMJIIENUSIBEU 770. 1 ii 4lvy i (QPublished every Tuesday.Q) BY WILLIAM J. YATES, EDITOlt AND PROPUIKTOB. O .KIT.SS S3 PER ANNUM, in advance. $ 2 for six months. o Ja? Transient advertisements must be paid for in tdvance. Obituary notices are charged advertis ing rates. Advertisements not marked on the manuscript for a specific time, will be inserted until forbid, and charged accordingly. $ per square of 10 lines or less will be charged for each insertion, unless the advertisement is in serted 2 month? or more. a i a n a e: stock OF SlPrMjSTG- GOODS Fine white and colored Marseilles Quilts, just received at 15 AUKING EU, WOLFE & CO rf. fry Ladies' French Iimitry Skirts, India Twilled Long Cloth, Linen Press ("oods, Extra Fine Lace Collars and Culls. Valencine Laeo, Cleny Lace, Waek bilk (Juper Lace, ('all and examine our New Goods. DAltlMNlJElt, WOLFE & CO. Puf Irish Linen of an extra quality; Bleached Shirting, extra quality. Call soon. Black CinlN-y for Mourning Dresses, English Crape and English Cr. " Veils, at BAKIIIXCEU, WOLFE & CO'S. .April ir, :s';7. GREATLY REDUCED PRICES. Ueing about to make important changes in the construction of my store, which when completed will make it one of the niort attractive Store rooms in the city, and in order to pic; are for the work in en to be einpb yel on .l.e same, 1 now idler to the Public my entire Slock of Goods, originally bought lo.v, at AsssazisiEy EScdesccc" Price. Wholesale ami Betail Dealers will liud it to their interest to sec me before purchar-ing el.-ewliere. A. SI XI' LA IB, May 13, ISC7. Springs' Corner. JUST RECEIVED AT C. M. QUERY'S N E V STORE, A Luge and will selected Sloek of SPKIMi A.t SUJJJJE;!! GOODS. I B V CittOIiS, at extremely low prices. WHITE GOODS, a full assortment, which will be foi l low fur ca.-h. TBIMMIXGS Our stock of Trimming-: is com plete, and was selected with care. A fill a-sortmeut of YANKEE NOTIONS and FANCY GOt IDS. HOOF SKIBTS Biadley's Paris Trail Skirts the most p qnil.ir Skirt now worn all sizes Ladies, children and Misses. KID GLOVES all colors rid si.oc. of the best article Ladle and Children's Milts, all sizes, and of t lie best q ua I it v. FANS AND pAbASOLS A full assortment of all kinds. SIIOLi'S Ladies', Children's and Misses' boots, times and gaiters, of the best I'h iladaphia make. Also, Men's and Boy's hoes and hats. MBS. QUERY would inform her friend? that the ha .-paled no pains in selecting her, Hock of Miliiueiy and Tiiuimings; and having had a long expei ience in the business feels satislied that she can plea-e all who will favor hi r with a call. Bonnets and Hals made and trimmed to order, on the most reasonable terms and shortest uotice. Dresses Cut, Fitted, Trimmed and made, on reason abb terms and at short notice. Our terms are strictly C'a-h. Our motto is, small profit, and just dealing to all. April I, 1 rf ' J 7 . ESO'EiS WASTEiO, A Chance to Make Money, The subscriber will purchase Bones at fU cents per hundred, delivered at Concord Factory, or at hi-, Railroad Depot between Charlotte and Greens boro. Cash paid on delivery. Those who will accumulate Bones in quantities at any point on the Railroad lines, and inform the subscriber, arrangements will be made for their purchase. It. E. McDoNALD. April I, 1S;7 tf Concord, X C. IKY U05Ji, rLOTHKIl'G, hoots, sisor.s, &c, Ac. "Respectfully informs the public that he has a large stock of Dry Goods. Clothing. Boots anil Shoes, in great variety, wh'cti he will sell on reasonable terms. RAGS WANTED. I want to purchase 'JOOjUOi) pounds of clean cotton and linen Rags. Highest cash price paid. 1). BLUM, April 8, 1SG7 Cm Opposite Court House. E3. .13. EE:3T4;E3AIiE. PRODUCE AND PROVISION DEALER. The highest cash prices paid for all kiads of Prod uce. Always on liin l at the lowest prices all kinds of and Family Supplies. I have receu ly resumed business in my own proper name and shall be thankful to friends and the public for patronage. OLD STAND OI'l'OSITE COURT HOUSE. H. M. I'RITCllARD. Charlotte, X. C, April 13, 1 8 5 7 3m COOUHft STOVES, OF THE NEATEST ANI MOST SITEKIOU I'ATTEEX. I. 3E3 313 Xj "ST. Springs' Building, Charlotte, N. C, Has f..r sale i spear's tuti-lJust Cooking- TOI'i'V which, for every tariety of cooking and great economy in fuel, cannot be surpassed bv any Stove heretofore used. Everybody who has used one of these Stoves iestify that, for convenience in cooking, durability and cleanliness, they ate far preferable to all other patterns. Call -and see tlieta. D. H. "BY-ERLY has also on hand a good as sortment of Tin, Japan and Sheet-Iron Ware such articles as are necessary for house-keeping. rf TIN-WARE "made to order at short notice on reasonable terms. 2f Ul'AIKI.fG promptly executed. D II. BYERLV, Springs' Building-, Charlotte, X. C. March 25, 1 807. I IMPORTANT OPINION J OF THE Atloi'iicv General of the W. . WHO ARE DISFRANCHISED BY THE RECONSTRUCTION ACTS. TheAttorncy General has prepared the fol lowing opinion upon the clauses of" the Recon struction act with reference to voting and hold ing office. The provisions relative to tbe duties and powers of commanding officers, etc., will be considered in a future opinion : Attorney General's Office, ) Washington, May 24th, 1SG7. j The President : Sir I have the honor to state iuy opinions upon the questions ansin under the act of March 2d, lcOi, entitled "An act to provide for the more efficient government of the rebel States," and the act of March 23d, 18G7, entitled "An act supplementary to an act entitled an act to provide lor the more efficient government of the rebel States," upon which questions military commanders of districts in which these States am comprised have asked your instructions. The first and most important of these ques tions may bo thus stated : Who are entitled to vote, and who are disqualified from voting at elections provided for or coming within the pur view of these acts ? The first provision upon this subject is to be found in the fifth section of the ongiial act, and declares the qualifications and disqualifications of voters for an election to be held for delegates to a proposed constitu tional convention in each State, and for the election to bo held for the ratification of a con stitution that may be framed by such conven tion. That section provides that delegates to such convention shall be elected by the male citizens of said State twenty-one years old and upwards, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such elec tion, except such as may be disfranchised for participation in the rebellion, or for felony at common law ; that the same qualifications so required for tLe election of delegates shall also be required upon the election for the ratifica tion This provision to this section also ex cludes from the right to vote foi 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 the thirty-ninth Congress, and known as article 14th. The sixth section provides that until the peo ple of the said rebel States shall be by law ad mitted to representation in the Congress of the United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, or control or supersede the same; and in all elections to any office under such provisional governments, ail persons shall be entitled to vote (and none others,) who are entitled to vote under the provisions of the sixth section of this act, and no person shall be eligible to any office under any such provisional government who would , be disqualified from holding office under the provisions of the third ariicle of the said constitutional jruiendment. It is to be obseived here that the qualifica tions of a voter arc, by the 5th section, limited to the election of delegates to the Convention, and to the question whether such Convention shall or shall not bo held, and that no qualifica tion is declared for a delegate 60 to be eleeted Hut, by the 6th section, the same qualification as to a voter arc required in all elections to any i ffice utider the existing provisional governments luring their continuance, and as to the eligibil ity at such elections certain classes are excluded 1 he 1st section of the supplementary act pro vides that the Commanding General in each district 6hall cause regUtration to be made of the male citizens of the United States twenty one years of age and upwards, residents in each county or parish in the State or Srafcs included in bis distiict, which registration shall include only those persons who are qualified to vote for delegates by the original act. The person offer ing himself for registration is also required to take an oath, which for convenience 1 now divide into paragraphs or sections, preserving as near as may b'e the language of the act. lie must swear or affirm as follows : Fit st. That he is a citizen of the State, and has resided in said State for months next preceding t lie day when he takes the oath, and that he now if sides in the county of , or in the parish of , in said State Second. That he is twentv-one vear& old. Third. That he has not been disfranchised for j att'eipation in any rebillion or civil war against the United States, nor for felony com mitted against the laws of any State or of the United States. Fourth. That he has never been a member of ti. . f i ; any sraie .Legislature, nor held any executive j or judicial office in any State and afterwards i engaged in insurrection cr rebellion against the i United States or given aid or comfort to the j enemies thereof. Fifth. That he has never taken an oith as a member of Congress of the United States or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any Slate, to support the Con ! stitution of the United States and afterwards j engaged in insurrection or rebellion against the j United States, or given aid and comfort to any enemies thereof. Sixth. That he will faithfully support the . Constitution and obey the laws of the United ' States, and will, to the best of his abili'y, en courage others to do so. i '1 he second section of this act provides that, after toe completion of this registration in any State, and after at least thirty days notice of the time and places which the commanding J General shall appoint and direct, an election ; shall be held for delegates to a convention, and j a rule is given to fix the number of delegates to j be elected and the appointment of these dcle j gates io proper civil sub division?, giving to each sub-division representation in ratio of the registered voters. The third section provides that, at the elec tion for delegates, registered voters shall vote for or against a convention. The fourth section provides for an election to j ratify the constitution that may be framed by J the delegates, and the right to vote at this elec tion is confined to persons registered. The sixth section provides that all elections in the States mentioned in said original act shall, during tbe operations of such act, be by ballot, and all officers making said registration of voters and conducting said elections shall, before entering upon the discharge of. their duties, take an oath prescribed by the act of July 2d, 1862, entitled "an act to prescribe an oath of office." The first consideration which requires my at tention, upon the question as to the right to vote, arises upon the 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 change thc regis try, l'ersons whose names are admitted to reg isiration are entitled to vote, subject to the limitation nereinatter mentioned, ana none other. This registration must be completed before the 1st day of September, 1867. The functions of the board, as a board of registration, cannot be extended beyond that fixed time, but after that, the duties which remain to be per formed by the officers composing this board are limited to holding and superintending elections and making the proper returns to the Command ing General. This brings us to the direct ques tion Who are entitled to registration ? First as to citizenship and residence no person is entitled to vote who shall not be resi dent in the State for one year previous tothe day of election. It is not necessary that this previous residence for a year should exist at the tioie the person applies for registration. A person in all other respects entitled to vote is entitled to registration, although he has not at that time been a resident of the State for a full year, for we find in the supplemental act that the oath as to residence does not require the applicant to swear that he has then been a resi dent for a year, but only requires him to state the number of months of his residence, con templating a period less than, as well as a full term of twelve months. Therefore, as to such a person so registered, if it happen at any elec tion subsequently to be held that the time of his residence, counting from the day of election, does not cover an entire year, he cannot vote at such election, for this supplemental act does not, as to residence, change the provisions of the original act, as it is expressly provided by it, as to registtation, that it shall include only those who are qualified to vote by the original act. To carry out the purposes of the law in this respect, as to residence, the Board of Registra tion should note opposite to the name of the person whose residence has not extended to the lull term, the exact time of his residence. As to citizenship, the qualification stated in the original act is citizenship of the State, but by the first clause, first section of the supple mental act, registration is to bo made of 'male citizens of the United States As to the oath, the applicant is only required to swear that he is a citizen of the State. I am of opinion that the phrase "citizen of the State," as used in the oath, is intended to include only euch persons as are citizens of the United States and citizens of the State, and that an alien, who has not been made a citizeu of the United States, cannot safely take the oath, but as the Board of Regis tration have only the authority to administer the prescribed oath, they cannot require any further oath or proof as to citizenship, an l if an alien, not made a citizen of the United States, takes the oath, he takes it at his peri!, and is subject to prosecution for perjury. Second. As to age, no one is entitled to regis tration who is not at least 21 years of age on the day he applies for registration. In this respect qualification as to age differs from quali fication as to residence, and the fact that ma jority must exist at the date of registration, has relation to the day of registration and not to the day of subsequent election. Third. Next, cs to disfranchisement, 1 shall consider the various clauses of disfranchisement according to the order and division into sections hereinbefore stated; and, first, as to the general clause declaring disfranchisement. The fifth section of the original act denies the right to vote to such as may be disfranchised for partiti pation in the rebellion, as for felony at common law. The words here used, "in the rebellion," must be taken to mean the recent rebellion, but the supplemental act enlarges the disqualifica tion, and requires the applicant to swear that he has not been disfranchised for participation in any rebellion or civil war agtinst the United States, nor for felony committed against the laws of any State or the United States. What then works a disfranchisement under these pro visions ' Whether we consider this disability as arising out of participation in a rebellion, or the commission of a felony, the mere fact of such participation, or commission of a felonious offence, doe" not of itself work disfranchisement It muit be ascertained by the judgment of a court, or by a legislative act passed by compe- j tent authority. Disfranchisement for felony j enmmitt: d against the laws of a State or the j United States, consequently on a conviction in the courts, either of the United States or of a i Stat?, or declared by the laws of cither, would j be fatal under these acts. I am not aware of any law of the United States which works dis I franchisenient as to the right of suflrage by ' f tree of the act itself, nor docs such consequence J follow from a conviction for treason or con ' spiraey to commit treason, or for any other act i of participation in rebellion. The provision in j the Constitution jjf the United States, as to treason against the United States, does not dc ; clare wha shall be the punishment on convtc ! tion of treason. That is left for Congress with j the limitation that corruption cf blood shall not follow as a consequence, nor aoy forfeiture ex cept during tbe life of the party. Congress, in the exercise of its power declares the punish ment and has limited such punishment, as the consequence of conviction, to tbe penalty of imprisonment, and the manumission cf slaves owned by the party, and to the disqualification from holding any office under the United States. I am not advised of any statute now in force in either of these ten States, except, perhaps, Virginia, which declares disfranchisement as to right of suffrage by force of the act itself. The fourth and fifth sections may be considered to- 6wear that "I have never been a member of any State Legislature nor held aoy execative or ju dicial office in any State, and afterwards en gaged in insurrection or rebellion against the United States or given aid ' and comfort to the enemies thereof; that F have never taken any oath as a member of the Congress of the United States, or as an officer of tbe United States, or as a aetuber of any State Legislature, or as an executive or judicial officer, of any State, and after?ards engaged in insurrection or rebellion against the United States, or given aid and com fort to the enemies thereof." These clauses of the oath io effect extend disfranchisements be yond the provisions of the original act, and the pricr clauses of the oath itself, in the important particular that neither conviction, nor the judg ment of a court, nor an express legislative en actment, is required to establish the fact of dis franchisement. Ia legal parlance disfranchise ment, under these clauses of the oath, results from matters en pais, but, in one respect, these chuses limit the generality of the original act as to the disfranchisement. The original act contemplates disfranchisement under these clauses that docs not arise from participation io rebellion alone, but other elements must concur, tkat is to say, holding certain offices, or taking official oaths by certain officers, and afterwards participating in rebellion against the Uuitcd States. The consideration of these two clauses leads to two distinct subject matters of inquiry: 6rst, What offices or officers are comprehended? Second, What .acts amount to engagement in insurrection or rebellion against the United. States, or giving aid and comfort to the enemies thereof? I will first consider what office or offices are comprehended. As to some offices there is no room for doubt. Members of State Legislatures and members of Congress are clear ly enough designated. The question might, however, arise whether a Convention, held in a State for the framing or amendment of its Con stitution, would answer the description of a State Legislature within the meaning of the act? Such a Convention, although it is clothed with legislative power, cannot properly be de nominated a State Legislature, and in the acts now under consideration a Convention nd a Legislature are expressly distinguished from each other, for they require a Constitution to bo framed by a Convention and they require the Legislature of the same State to adopt the constitutional amendment. Where, then, in the same acts, they again use the phrase "Leg islature of the State," they must be understood to use it in the same sense, and as distinguished from a Constitutional Convention. But as to these legislative bodies which passed what are called ordinances cf secession, by whatever name they may have been called, I am of the opinion that their members are properly comprehended within this disqualifying clause, for I can im agine no official legislative position in which the duty of allegiance was more distinctly violated. The next, the more difficult inquiry, is who is to be considered an officer of the United States, or an executive or judicial officer of any State within the meaning of these clauses ? Various classes of officers are here intended State officers and Federal officers, and executive or judicial officers. No legislative officer is mentioned except a member of a State Legisla ture or member of Congress. Descriptions used as to other officers are as to State officers that they must be judicial or executive; and as to a Federal officer, the terms "judicial" or "executive" are not express lie is described simply as an officer of the United States. It has been shown that Federal officers and State officers are classified separately in the clauses of the act under consideration. I deem it profita ble and conducive to a clear order to follow that classification. I shall accordingly first consider what State officers are included in the terms executive or judicial. This phrase 'is twice used in these clauses, with the superadded de scription, "in any State." "In any State" in the first clause, and of any State in the second clause. I think tbe controlling term of descrip tion, if there is any repugnancy ia the terms, nju-t be taken to be the last, for that is used in the first clause and others besides. It is tbe same term of description used io theactot'Con giess of 1789, declaring what State officers are required to take the oath to support tbe Consti tution of the United States, and in the third section of the constitutional amendment. 13)th use the same terms of description, "executive and judicial officers of the State." The terms are so general and indefinite that they f-il to cxptess with sufficient certainty a designation of the persons intended to be reached. It is to bo regretted, in a matter of so much importance, that the rule of designation adopted as to mem bers of CoDgress and of a State Legislature had not been followed up, or, if that were impracti cable, that some more definite general rules had not been declared. The uncertainty becomes manifest in the application of the law, and this uncertainty necessitates construction. The ne cessity for construction, which arises from the generality of the law, cannot be better stated than in the language of Plowden : "Though the words be general, they are to be reduced t a particularity by exposition made according to the intent of the act. Those statutes which comprehend all things in the letter, the sages of the law have expounded to rxt'ni to but some things. Those which generally prohibited all peor le from doing such an act, they have in terpreted to permit come persons to do; and those which include every person in the letter, they have adjudged to reach some persons only all founded upon the ictent, which 13 collected by considering the cause and necessity of the act and comparing one part with another, aad some times by foreign circumstances." J deem it proper here to fix some clear ideas of the gen eral intent of these acts, and by what right of construction, 6trict or liberal, that intent may best be arrived at. The intent, as expressed, is to enable the people of each of these States to frame a Constitution for the State by the exer cise of the right of suffrage. There aro clauses of the act giving the right by general terms of description to the people generally, and espe cially to those who have never enjoyed the right before. There are other clauses of the act which, by general terms, take away this right of 'surirage from those who have always enjoyed it. The rule of construction as to the clauses which give the right must be liberal, and, as therein, the general terms are not to be restricted. But as to those clauses whieh derogate from the ex isting right, the rule of construction must be strict that some should be excluded who are not clearly within the letter andjntent. I begin here with tbe inquiry whether offi cers of the military of the State are embraced within these terms of description, and 1 have no doubt they are not. Certainly Congress, as to the officers of a State, was not content to use the terms at large and without qualification. If Congress had intended to qualify, the usual words to manifest that intent would have been adopted, and the words would have been uthe judical and executive, the civil or military offi cers of the State. Accordingly we find that when that was purposed, as we see it was in the 3d section of the constitutional amendment, in article 4th, Congress expresses that purpose very clearly. That section provides that no person shall be a senator or representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States, or under any State, who, as a member of any State Legislature, or as an ex ecutive or judicial 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 the enemies thereof. This 3d sec tion is expressly referred to more than once in these acts. It is made in fact a part of these acts. Its language is followed, word for word, in these disqualifying clauses, as far as was prac ticable, except in the particular in which one is made to apply to eligibility, and the other to the right to vote. When, therefore, we find that Congress, in declaring what persons shall be disfranchised from holding any office, ex pressly includes military as well as civil officers, as in the dd section of the amendment, and in providing what persons shall be disfranchised Kv,s'ons L ,: t, ii i : .;r I I have directed abstracts irom voting who held office, omit to mention military officers, we cannot escape the conclu sion that military officers were not here within tbeir contemplation. It is impossible to im agine a case in which the construction from laws in pari materia has a more cogent application, for it is evident here that the law maker, in f raming a disqualification for voters, took special cognizance of the 3d section of the amendment, and weighed it word by word, following it lite rally for the most part, and rejecting deliberate ly the very word intended to embrace a military officer. It must be borne in mind that we arc here considering the class of military officers, who were such prior to the rebellion, when the office was lawful, and who were officers of the militia, not that class who became military offi cers during the rebellion. As to this last class, they all came under that other clause of dis qualification which applies to participation in rebellion. Ilaving the inquiry thus circumscribed to civil officers, the question recurs what civil officers are to be brought within the terms "executive or ju dicial officers of a State." They clearly include, so far as executive officers are concerned all such officers as are generally known by the proper des cription of State officers or officers of State. In one sense, and in a popular sense, a description of the executive officers of a State is applicable to a well-known class the Governor, Lieutenant Gov ernor, Auditor, Treasurer, Secretary and State of ficials proper, who exercise executive functions at the seat of Government. I am not prepared to say that only these proper State officials come within this term of description; nor am I prepared, as to the judicial officers of the State, to limit the des cription to Judges of courts whose jurisdiction ex tends over the entire State. I must content my self in saying of these ofiiees, executive or judicial, that they are clearly within the meaning of the law. Now changing the inquiry from an affir mative to a negative process, such officers as usu ally pass under the description municipal, do not come within the purview of the act, such as &j officers of cities, towns, villages or subordinate municipal divisions, whether their functions are executive and judicial, or as is sometimes the case where the same officer acts in both capacities. Outside of these two representative classes, the first of which is clearly within, and the last of which is clearly wjthout the purview of these clauses, we find in each of these States a host of officers whose status is in some wav to be determin ed. It is impossible here to proceed bv way of a m enumeration and to distinguish by name all those who are included and all those who are excluded. All that can be done is the re-establishing of some fixed rule. I feel under the necessity of circ umspection here in saying who are mcludeu within the distrao chisement rather than in saying who are not iu- cluded, for where there is doubt, accordingjo the rule of construction which has been referred to, that doubt must be solved in favor of rather than against the right of the voter. Jhe exclusion is all comprehensive as to time, and applies not only to those who were in office when tbe rebellion commenced, but to those who held the prohibited offices at any time previous, although they may have ceased to hold such office an indefinite num ber of years prior to the rebellion. It is founded on the idea of a breach of official trust due to the ! State as the author or donor of the trust. It is founded on the idea of a breach of trust not ar- ! rising merely from abeyance as a citizen but from j uui i iuc omic 111 a u li eel euieiw reiauuu w j that State, and through that to the Federal Gov j ernment, so far as this designates by name the j persons who violate such a trust is especially con- nded, that is to say, to persons wuo were ciotueu with the legislative power. Whereas, in this iu stance there ia a purpose of exclusion oa a corn- mon ground, and one class is designated as com ing within the purpose, and other classes are left indefinite, and only to bo ascertained by construc tion it is allowable to find tho indefinite clasa by the rule of assimilation. We see, then in this law, a purpose of exclusion as to the three great departments of a State, legislative, judicial and executive. We see, further, that as to the legis lative department, made up of a legislative body composed of members and various officers apper taining to such body as a legislature, the exclu sion is only -of the higher functionaries of that bo3y the members and is not carried to its sub ordinate officers. The terms of exclusion are not "the members and officers of a State legisla ture, but simply "the members of a State legisla ture." As, therefore, the exclusion in the legislative department has effect ouly on tbe highest clase in tliAt department, it is safe to say that the same policy of exclusion attaches rather to such officers that exercise functions of important trust ia the executive and judicial departments, than to those whose functions and duties are merely limited and subordinate. I have already called attention to the comprehensiveness of these exclusions as to time. Now, to declare them equally comprehen sive as to persons, and to say that they embraoe all officers, large and small, coming within the description of executive or judicial officers who have at any time during their lives held any one of these offices, would have this inevitable result that in the formation of a constitution for a State, by the agency of its own people, a large proportion, perhaps a majority of the most in telligent and capable of the people would be ex cluded. Tliere is no part of my duty, in attempt ing to give construction to these laws, in which I find myself involved in such painful uncertainty, as in determining what officers, outside of the classes already designated, come within, the just range of exclusion. I have said that in addition to the class of officers who clearly come within the terms of the act, as judicial and executive offi cers, and to those classes whieh comprehend mili tia officers and municipal officers who clearly do not come within the terms of the act, there re mains a vast body of officers whoso status is ia some way to be defined These are known, ia popular language, by such terms of description as 'county, township and precinct officers." Their name i3 legion their functions and duties are, for the most part, strictly local. Some of them, such as sheriffs and justices of the county courts, have jurisdiction over the entire county, others are restricted to the smallest civil 6ub-Ji- to be prepared for each of those States, which will exhibit all those offices and the duties which appertain to them, and the form of oath required. I must reserve fof further consideration, after the abstracts aro made, the question whether all of them, or if not all, what classes of these officers come within tbe disqualification. As to all other executive or ju dicial officers who are not, in popular language, characterized as county officers, I incline to con sider them as coming under the description of executive and judicial officers of a State, within the meaning of these laws. I deem it proper here, in reference to that class of officers, judicial or executive, who are, by the rule I have laid down, brought within the operations of disfran chisement, to distinguish a class whose duties are not localized, who stand in direct relation to tbe State, and who, in my opinion, cannot properly be designated as executive or judicial officers of the State. I mean that class of persons who exer cise special public duties, rather in the naturo of occasional employment than general and contin uing official duty. This distinction between office and employment, and between an officer of a State is well established. Chief Justice Tilgb man, in 3 Serge and Rawle 149, recognizes it ia the case of commissioners appointed to lay out roads and canals, and other works of internal improvement. 1 he question arose upon a section in the constitution of Pennsylvania, which provi ded that the Governor shall appoint all officers whose oliices are "established by this constitution or shall be established by law, and whoso ap pointments are not herein otherwise provided for. Hie Chief Justice said "It has never been as certained nor is it easy to ascertain to what of fices this power extends. I speak of offices created by law since the making of the Constitu tion. The word office is of very vague and in definite import. Everything -concerning the adV ministration of justice, or the general interest of society, may be bupposed to bo within the mean ing of the Constitution, especially if fees or emol uments are annexed to the office; but there ate matters of temporary and local concern which, although comprehended in the term office, have not been thought to be embraced by tbe Consti tution, and when offices of that kind havo bees, created the Legislature has sometimes made tbe appointment in the law which created them, sometimes giving the appointment to others than the Governor, and sometimes giving the powers of removal to others, although the appointment was made by the Governor." The officers of whom I am speaking are often decriled in acts of Assembly by the name of commissioners, such, for instance, as aie employed in the laying out of roads and canals, and other works of a publio nature, yet a!J these perform a duty, or, in other word, exercise. their office. I cannot enumerate a!l of the employments under Slate authority which, in my opinion, work no disfranchisement, I will name some by way of iUustratioi, viz : Boards of Comr- iuioncrs of Public Workh, Direc tors of State Asylums, Visitors of State Univer sities, Directors of Slate Penitentiaries, State Directors of Buks or other corporations, Special Commissioners or Agents, appointed by tLe Gor ernor or other State authority to perform special .1... - : . r.t karvl-a KrAlraji PnKli li u lies as triiiiivi v li ivui m uvm and CommUsioners, to take acknowledgment of deeds. The rule laid down and these illustra tions will, perhaps, be sufficient to determine who come within iu operations. of offi Tje incUlental to office, is not mentioned in the first disqualifying clause, but the offiee alone. But ia the second clause the oath is made to enter as a necessary element in order to work disfranchisement, and is applied to the same classes of officers named Concluded on second page.)