Newspaper Page Text
’ W Assamtsb rksss dispa rauta
.. , > Us * Dumber of old nawspa-
pars—a collection rondo by Mr. Charles Her bet,
an accomplished gentleman of antiquarian pro
pensities—come of them original and others foe
simOies of publications made as early in the his
tory of newspaper enterprise on the American
continent as 1733. We are obliged to Mr. Herbet
for the opportunity he has given us to examine
his choice collection ot ancient “chroniclers of
the times," for we note in them many events re
corded of an interesting historical character, as
well as others which illustrate most forcibly
New England character.
The Oret of those publications which we shall
notice, 1s the “JWne England Cburant,” a paper
published in Boston by “Benjamin Franklin,"
bearing date "Monday, February 11,1733.” In
this little 6x8 half-sheet, wo note the following
from the pen of the New England philosopher’s
ssintatory to his readers:
"P. 8. ticntle Headers, we design never to
let a Paper pass without a Latin Motto, it wo
can possibly pick one np, which carrlee a charm
iu it to the Vulgar, and the learned admire the
pleasure of Construing. We would have oblig
ed the World with a Greek scrap or two, but
the Printer has no Types, and therefore wo en
treat th 0 candid Reader not to Impute the deloct
to our Ignorance, lor our Doctor can say all the
Oreek Letters by heart.”
Good for Uio Philosopher! This hit bestowed
upon peduntry In 1733 would not be amiss in
1867.
In the same issue of the JVVie England Con raid
we notice the following:
“ This paper having met with so general an
Acceptance in Town and Country, as to require
a far greater Number of them to bo printed, than
there is ol the other pnlilick Papers: and it be
ing besides more generally read by a vast Num
ber of Borrowers, who do not take it, the Pub
lisher thinks proper to givo this publick Notice
for the Incouragemcnt of those who would have
Advertisements inserted In the publick Prints,
which they may have printed In this Paper at a
moderate price."
That same “ vast Number of Borrowers who
do not take ” the papers have not lessened in the
least, bat have rather increased sinco the time
“ Old Ben. Franklin" published his “Veto Eng
land Courant." The Inteli.igknckr of to-day
has numerous readers of the same class, as docs,
we have no doubt, its compeers throughout the
8tate. History repeats Itself in this, as well as
in other matters.
Tho " Jfeto England Weekly Journal" publish
ed in Boston, April 8,1728, by “ 8. Kncelan &
T. Green, in Queen Street,” where, says the Pub
lishers, “ Advertisements are taken in," next at
tracts our attention—the “ advertisements " espe
cially. This is another miniature sheet—5x8—
in the perusal of which the publishers state, "lie
hop’d tho Publick will be gratified, and by which
those Gentlemen who desire to he improv’d in
History, Philosophy, Poetry, &c., will be greatly
advantaged.” For the benefit of the New Eng
land philanthropists and abolitionists, and of the
Radical Party North; and especially for the
benefit oi the freedmen in our midst, we trans
fer Irom this Mew England Weekly Journal two
of the few advertisemens which it contains. Any
of the latter can see the original for a few days
in this office. Here they are :
“ A very Likely Negro Woman who can do
Household Work, ana is fit cither for Town or
Country service, about 22 years of Age, to be
Sold. Inquire of the Printer hereof."
Again:
“A very Likely Negro Girl, about 18 or 14
years of Age, speaks good English, has been in
t lie Country some years, to be Sold. Inquire ot
tbe Primer hereof.
Evidently tbe latter was a native African sto
len from her home, perhaps from her parents
also, by some New Englander. Talk of tbe
“ srk OF slavery !" If New England bo not
responsible tor it, then the “ tin " rests upon no
people, npon no section.
“ Mew Port Mercury,” of 1758; “ Quebec Qa-
lette," of 1764; and other papers of ancient date
and miniature form, are also before us, bnt we
have no space tor special reference to them, and
shall close this notice by a reference, Jint, to the
Mew York Sun, now one of the most flourishing
papers In the great Northern Emporium of Com
merce, but wbich was issued on Tuesday, Sep
tember 3, 1833, as an 8 by 12 sheet, containing
very little of either reading or advertising matter.
Last, bnt not least, this collection of Mr.
Herbst, embracing as it docs, tbo smallest news
paper ever published on this continent, embraces
also the largest, we have no doubt, that has ever
been published on either continent, ns well os
the most elegant. Its title is “ The Constella
tion,” an illuminated quadruple sheet, measuring
tii by eight feet, bearing date August 1859, ami
published in New York, by “ George Roberts,
editor nnd proprietor.” Perhaps “ we never
shall see the like again," as wo see now in the
collection before us, the smallest and tho largest
sheets ever Issued from the American press; the
former the representative of the art ot printing
in its infancy in America, the latter of tbe art
iu Us perfection, which we believe it had reached,
so far as newspapers are concerned, when the
mammoth “ Constellation ” was published.
Our readers who may be curious to see this
collection, can have the opportunity of gratily-
ing their curiosity. Take them from first to last,
and they illustrate most forcibly the beginning,
rise and progress, not only of tho nrt of print
ing, but of the country itself. History tells of
the “ dark ages," during which art made no
progress but suflered eclipse In many of its de
partments. We have had forebodings llial his
tory will repeat itself also, iu regard to the art of
printing, os well ns other arts in this once pro
gressive land. With tho loss ot civil liberty,
progress in art and science will most surely ccnsc,
and where there is no progress there must inevi
tably occur what has occurred in the past, a dark
age, from which may Providence save tho Amer
ican people.
No Trials for Treason.
The Washington correspondent of the Charles
ton Courier writes that the appearance of Mr.
Jell'erson Davis at the November term of tbe
United States Circuit Court will lie merely for
mal. It is well understood that no trial for trea
son, in bis case, or that ol any other ex-Confede-
rate, will ever take place. The report that an
indictment had been found by tho grand jury at
Richmond, agaiust Mr. Breckinridge, is denied.
The war, it is held, settled the secession question,
and it is, therefore, unnecessary to have a judi
cial decision that secession is unconstitutional.
There WftS.no treason in a resort to arms for the
settlement of tho great question whether a State
could secede or not. The war determined the
question. Neither party would have submitted
to any decision by tbe Federal Judiciary before
tiie decision by arms, and after it none was ne
cessary. The abolitionists before the war were
secessionists, particularly the Ohio leaders-
Wade, Chase, <£c. What Mr. Davis is actually
released from by tho late proceedings, is tho ur
gent and idle charge of complicity in tho assas
sination of Lincoln. Tbe charge ot treason was
never intended to bo prosecuted.
Information Wanted.—R. M. Braden and
Hamilton Kerce, of Rome, Ga., advertise for In
formation of R. M. Braden, William C. Kerce,
aud James II. Kerce. These young men were
enlisted in company 0, 4blh regiment Georgia
volunteers, by Capt. Hargrove, at Rome, Ga., on
the 4th of Hurch, 1862. After the fall of Vicks
burg, they left with other paroled soldiers for
their homes in Georgia, and have not since been
heard from
Warning.—The Selma Messenger, in behalf
ol the Typographical Union, warns printers
against seeking that place lor employment. It
says i he craft has ft superfluity of representatives
the e now.
Tkn Attorney fi«ner*l>* opinion on the
MoeonitraeUot* Acts.
Washington, May 25.—The Attornoy Gen
eral has prepared the following opinion upon the
clause* of the Reconstruction act, with reference
to voting and holding office. The provisions re
lative to the powers and duties of commanding
officers, etc., will be considered in a future
opinion:
Attowtst (Isjvbul’b Omci, \
WisBwsTOK, D. C., May St, lent, f
lo the Presitlent:
Bib—I have the honor to state my opinion
upon questions arising from the set ol March
3d, 1867, entitled “An act to provide for
the more efficient government of the rebel
States,” and the act of March 28d, 1867,
entitled “An act supplementary to au act
eutitied an act to provide for tbo more efficient
government of the rebel 8tates," upon which
questions the military commanders of Dis
tricts in which those States are comprised have
asked your instructions. The first and most im
portant of these questions may be thus stated:
“ Who are entitlod to vote, and who are disqual
ified from voting, at the elections provided for,
or coming within the purview ol these acts?’’
The first provision upon this subject is to be
found in the filth section of the original act, and
declares the qualifications and disqualifications
of voters for nn election to bo held for delegates
to tho proposed Constilntional Convention in
each Slate, and for an election to be held for the
ratification of the Constitution that may be framed
by such convention. That section provides that
delegates to such convention shall l>c elected by
the male citizens of said Slate twenty-one years
old and upward, of whatever race, color, or pre
vious condition, who have been residents of said
State for one year previous to the day oi such
election, except such as may be disfranchised for
participation in the rebellion, or for felony at
common law; and that the same qualifications
so required (or election of delegates shall
also be required upon tho election for rati
fication the provision to this section also ex
cludes from right to vote for delegates to the
convention, every person excluded from the pri
vilege of holding office by an amendment to
tbe Constitution of the United States, proposed
by the Thirty-Ninth Congress, and known as
article fourteenth. The Bixth section provides
that until the people ot said rebel States shall be
by law admitted to representation to the Con
gress of the United States, any civil governments
which may exist tbcrciu shall be deemed provi
sional only, nnd in all respects subject to the
paramount authority of the United States at any
time to abolish, modify, control or supercede the
same, and in all elections to any office under such
provisional governments, all persons shall bo enti
tled to vote, and none others, who are entitled
to vote under the provisions of the fifth section
ot this act, and no person shall be eligible to
office under any such provisional governments
who would be disqualified from holding office
under the provisions of the third article of
section of said constitutional amendment. It
is to be observed here that the qualifications ol
a voter are, by the fifth section, limited to the
election of delegates to tho convention, and to
the question whether said convention shall or
shall not be held, and that no qualification is
declared for a delegate so to be elected, but by
the sixth section the same qualifications as to.a
voter are required in all elections to any office
under the existing provisional governments du
ring their continuance, and as to eligibility at
such elections, certain classes are excluded.
Tho first section of the supplemental act pro
vides that “the commanding general in each
district" shall cause a registration to be made ot
citizens of the United States 21 years of age and
upwards, residents in each county or parish in
Slate or States included in the district, which
registration shall include only those persons who
arc qualified to vote for delegates by original act.
The person offering himself for registration, is
also required to take an oath, which for conveni
ence I now divide in paragraphs or sections, pre
serving us near os may be, the language of the
act. He must swear or affirm as follows:
First, That he is a citizen of tbe State, and has
resided in State for months; next, preceding
tbe day when he takes the oath, and that he now
resides in the county of or in parish of
in said State.
Second, That he is 21 years old.
Third, That he has not been disfranchised for
participation in any rebellion or civil war against
tho United Stales, nor for felony committed
against laws ot any Slate of tho United States.
Fourth, That he has never been a member ot
any State Legislature, nor held any executive or
judicial office in any State aftorwards engaged in
insurrection or rebellion against tho United
States, or given aid or comfort to the enemies
thereof.
Fifth, That ho hns never taken an oath as a
member ot Cougress of the United States, or as
an officer of the United States, as member ot
any State Legislature, or as an executive or judi
cial officer of any State, to support the Constitu
tion of the United Suites, nud afterwards en
gaged in insurrection or rebellion against the
United States, or given aid and comfort to the
enemies thereof
Sixth, That he will faithfully support the Con
stitution nnd obey the laws of the United States,
and will, to the best of his ability, encourage
others so to do.
The second sectiou of this act provides that
after Uie completion of this registration in any
State, and after ut least thirty day's public notice
of the lime and places which the commanding
General shall appoint and direct, un election
shall be held for delegates to a convention, and
a role is given to fix tbo number of delegates to
be elected and tbe apportionment of these dele
gates In proper civil sub divisions, giving to each
sub-division representation in ratio of registered
voters.
The third section provides that at the elec
tion registered voters shall vote for or against
a convention.
The fourth sectiou provides for nn election to
ratify the Constitution that may be framed by tbe
delegates, and the right to vote at this election is
confined to persons registered.
The sixth section provides that all elections in
the States mentioned in said original act, ail offi
cers making said registration and conducting
said elections shall, before entering upon the dis
charge of tbeir duties, take aa oath prescribed
by tbe act of July 2d, 1862, entitled “au act to
prescribe au oath of office."
The first consideration which requires my fit
teution upon the question as to right to vote,
arises upon registration ot voters. The question
of qualification or disqualification is fixed by
registration. No power is given to any other
lio&rd or any other authority after registration is
completed to change registry. Persons whose
names are admitert to registration arc entitled to
vote, subject to the limitation hereinafter men
tioned, and none others. This registration must
be completed before the first day of September
1867. The functions oi the board as a board of
registration cannot be extended beyond that fixed
time, but after that tbo duties which remain to
be performed by tbo officers composing tnis
board are limited to bolding and superintending
elections, and making proper returns to tbe com
manding general.
This brings us to tbe direct question, who are
entitled to registration. First, aa to citizenship
and residence no person is entitled to vote, who
shall not be resident in tbe State one year previ
oua to tho day of election. It is not necessary
that this previous residence for a year should ex
ist at tbe time the person applies for .registra
tion. A person In all other respecta eutitied to
vote is entitled to registration, although be has
not nt the time bed) a resUlontt# the Stain fof
a year, tor we find in the Bipploniontarjr act that
tho oath as residence doe» not require appli
cant to swear that he has thou been a resident
lor a year; but only require* him to slate tho
number of monlhs of his residence, contemplat
ing a period less than us well os a full term of
twelve months. Therefore as to such a person
so registered, if it happen at any election subse
quently to be held that at the time of his resi
dence, counting from the day of election, does
not cover an entire year, ho cannot vote at such
election for this supplemental act does not, as to
residence, change provisions of the original act,
as it is expressly provided by it as to registration
that it shall Include only those who are qualified
to vote by the original act To carry out the
purposes of tho law in this respect as to residence,
the Board Registration should note, opposite the
name of the person whose residence has uot ex
tended to toll time, tbo exact time of his resi
dence.
As to citizenship, tho qualification stated in
tho original act is citizenship ot Stalo; but by
tho first clause of tho first section in the supple
mental act, registration is to lie made of the malo
citizens ot (he United States; and os to oath, tho
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 iu oath, is
intended to include only such persOna os are.citi
zens ot the .United States, and citizens of the
State, and that au alien who has not been made
a citizen of the United States cannot safely take
the oath; but as the board of registration have
only authority to administer the prescribed oatb,
they cannot require any further oath or proof ns
to citizenship; and if an alien, not made a citi
zen ot the United States, lakes the oath, ho takes
it at his peril, 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 lie applies tor registration. In this respect,
qualification os to ago'difiera from qualification
as to residence, and the'fact that a majority must
exist at the date of registration, has relation to
day of registration, and not jo the day of subse
quent election.
Third, next as to disfranchisement, shall con
sider various claims of disfrauchisemeDt ac
cording to order and division into sections here
inbefore stated. And first, a9 to the general
clause declaring disfranchisement. The fifth
section of the original act denies the right to
vote to such ns may be disfranchised for partici
pation in rebellion, or for felony at common
law.” Words here used, “ in the rebellion,”
must be taken to mean recent rebellion; but the
supplemental act enlarges disqualifications, and
requires the applicant to swear that he has not
been disfranchised for participation in any rebel
lion or civil war against the United States, nor
(or felony committed against the laws of any
State or of the United States.
What then works disfranchisement under these
provisions? Whether wo consider this disabil
ity as arising out of participation in a rebellion
or commission of felony, the mere fact of such
participation or commission of a felonious of
fense does not of itself work disfranchisement.
It must be ascertained by judgment of court or
legislative act, passed by competent authority.
Disfranchisement for felony committed against
the laws of a State, or of the United States, con
sequent on a conviction in courts, cither of the
United States or of a State, or declared by the
laws of cither, would be fatal under these acts.
1 am not aware of any luw of tho United States
which works disfranchisement as to the right of
suffrage by torce of act itsell, nor does such con
sequent follow from conviction for treason or
conspiracy to commit treason, or for any oilier
act ot participation in rebellion. The provision
in tiro Constitution of the United States, as to
treason against tho United States, docs not de
clare what shall be the punishment on convic
tion of treason. That is left for Congress, wilh
limitation that corruption of blood shall not fol
low as a consequence, or any forfeiture except
during life of the party.
Congress in the exercise of this power to de
clare punishment, lias limited such puuishmeut
as a consequence of conviction to penalty of
death; or to imprisonment and manumission of
slaves owned by the party, and to disqualification
from holding any office under tho United States,
I am not advised of any statute now in force in
eithor ol these ten States, except perhaps Vir
ginia which declares disfranchisement as to the
right of suffrage by force of the act itself. The
fourth and fifth sections may bo considered to
gether. The party applying for registration
must Bwcar that 1 have never been a member of
any State Legislature, nor field execulivo or Ju
dicial office in any States, and afterwards en
gaged in insurrection or rebellion against the
United 8t|dcs, or given aid and comfort to the
enemies thereof, that I have never taken an oath
as a member of Congress of the United States,
or as officer ol tho United Slates, or as member
of any Slate Legislature, or as executive or judi
cial officer of any State to support the Constitu
tion of the United States and af terwards engaged
iu insurrection or rebellion against the United
States, or given aid and comfort to the cueipies
thereof.
These clauses in eflect extend disfranchise:
ment beyond the provisions of the original act,
and the prior clauses of tho oath Itself, in the
important particular that neither conviction, nor
judgment of court, nor nn express legislative en
actment, is required to establish tho tact of dis
franchisement. In legal parlance, disfranchise
ment under these clauses of the oath results from
matters in part; but iu one respect, these clauses
limit the generality of the original act, os to dis
franchisement. Thu original act contemplates
disfranchisement arising from participation in a
rebellion, whereas, disfrauchiBemcut under these
cluuscs does not arise from participation in re
bellion alone, hut other elements must concur.
That is to say, holdiug of certain offices, or ta
king official oath by certain officers, and after
wards participating in rebellion against the Uni
ted Stales. The consideration oi these two
clauses leads to two distinct subject-matters of
consideration, first, what offices or officers are
comprehended; second, what acts amount to en
gaging in insurrection or rebellion against tbe
United States, or giving aid and comfort to the
enemies thereof. 1 will first consider what of
fices or officers are comprehended.
As tc/souie officers there is no room for doubt.
Members of the State Legislature, and members
Ol Congress, are clearly enough designated. Tbe
question might, however, arise, whether the con
venlion held iu a State for framing or amend
ment ot its Constitution, would answer lli« de
scription of a State Legislature within tbe mean
ing ot the act. Such convention, although
clulhed wilh legislative power, caunot properly
be denominated tbe State Legislature, aud iu tbe
acts pqw under cuoftideration a convention and
legislature are expressly distinguished from each
Other, for they require the Constitution to be
trained by a convention—they require the Legis
lature of the same Slate to adopt tho Constitu
tional Amendment. When, then, in same acts
they again use the phrase “ Legislature qf the
State," they must be understood to use it in the
same sense, aud as distinguished from a Consti
tutional Convention. But us to those legislative
bodies which passed wli« are called ordinances
of secession, by whatever name they may have
been called, I am ot opinion that their members
are properly comprehended within tills disquali
fying clause, Igr I can imagine no official legisla
tive position in which the duty of allegiance was
more distioctly violated.
The next and more difficult inquiry is, Who
4 to be considered au officer of tbe United Slates,
oi executive or judicial officer of any Slate, with
in the meaning ot these clauses? Various class-
ot officers are here intended : State officers and
mem-
lAturc, or members of
lions used as to
as to Steto oAiders, that they
JlidicW or executive; ami as to u federal offliw
the terms executive or Judicial are not expressed.
He is described simply as ap offleor of the Untied
State*. n uiiaii"in5j~* > .|iiill nt, il 'Ll
It has been shown that federal officers and
State officers are classified separately in the
clauses of tho act under consideration. I deem
it profitable and conducive to a clear order to
follow this classification. I shall accordingly
first consider what State officers are Included in
the terms ‘^executive or judicial.” This phraso
is twice used in these clauses, with the supevad-
ded description : “In any State” in the last
clause, and "of any State."
In the second clause I think the controlling
time of description, if there’ is any repugnancy
iu the terms, must be taken to the laBt, for that
is used in the most comprehensive clauso as to
the very officers named in the first clause and
to others. Besides it is . the same term of de
scription used in the act ol Congress of 1789, de
claring what State officers are required to take
the until to support the Constitution of tbo
Uuitcd States, and in tho third section of the
constitutional amendment, both use the same
terms of description “executive and judicial
officers of a State." The terms are so general
and indefinite that they fail to express with suffi
cient,^certainty a designation ot the persons in
tended to be reached. It is to be regretted in a
matter of so much importance that the rule ci
designation adopted as to members of Congress
and of a State Legislature had not been followed
up, or if that were found impracticable, that
some more definite general rules had not been
declared. Tho uncertainty becomes manifest in
the application ot the law" and this uncertainty
necessitates construction.
The necessity for construction which arises
from the generality of the law, cannot be better
slated than in tbe language of Plowden:
“ Though tbe words be general, they are to be
reduced to.a particularity by exposition, made
according to intent ol act. Those statutes which
comprehend all things iu the letter, the sages of
law have expounded to extend but to some
tilings. Those which generally prohibit all peo
ple from doing such act, they have interpreted
to permit some persons to do it; and those
which include every person iu tlio letter, they
have adjudged to reach some persons only—all
founded upon the intent collected by consider
ing the cause and necessity of the act, and com
paring dfie fact with another, and sometimes by
foreign circumstances."
I deem it proper here to fix some clear ideas
of the general intent of ibese acts, and by what
rule of construction, strict or liberal that intent
may best be arrived at The intent, as expressed,
is to enablo tbe people of each ot these States
to frame a constitution for the State by the exer
cise of the right of suffrage. There are clnuscs
of the act giving right by general terms of de
scription to people generally, and especially to
those who hnve never enjoyed the right before.
There arc other clauses of the act which, by
general terms, take away this right of suffrage
from those who have always enjoyed it The
rule of construction as to clauses which give
right must be liberal, and as to them general
terms arc not to be restricted; but as to those
clauses which derogate from existing right, the
rule of construction must be strict that none
should be excluded who are not clearly within
tbe letter and intent. I begin, then, with tho
inquiry, whether officers of the militia of the
State are embraced within theso terms of de
scription, and I have no doubt that they are not.
Certainly Congress, ns to the officers of a
State, was not content to use the term nt largo
and without qualification, but, as wo sec, intend
ed to qualify the general term. If the purpose
was to designate military offices, the usual words
to manifest that intent would have been adopted,
and the terms would linve been tbe judicial and
executive, the civil or military officers of tbe
State. Accordingly we find, when that was the
purpose, ns we sec it was in tbe third section of
the constitutional amendment, known as article
fourteen, Congress expressed that purpose very
clearly. That section provides that “ no person
shall be a Senator or Representative in Congress,
electors of President and Vice President, or hold
any office, civil or military, under the U. States, or
under any Stale who, having previously taken
an oath as a member of Congress, or an officer
of the United States, or os a mom her ot any State
Legislature, or as an execulivo or judicial officer
of tbo State to support the Constitution ot tbe
United States, shall have engaged in insurrec
tion or rebellion nguiust the some, or given aid
and comfort to the enemies thereof.
The third section 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
tor word in these disqualifying clauses, as tar as
was possible, except in the particular in which
one is made to apply to eligibility, and tbe other
to tbe right to vote. When, therefore, we find
that Congress, in declaring what persons shall be
disfranchised from bolding aiiv office, expressly
includes military as well as civil officers as in tbe
third section of the amendment, uud in provi
ding what persons shall be disfranchised troiu
voting who held any offico, omit to mention mil
itary offices, we cannot escape tbe conclusion
that military officers were not here within their
contemplation. It is impossible to imagine n
case in which the construction from laws iu pari
matria has a more cogent application ; for it is
evident here that the law-maker, in framing dis
qualifications of voting, took special cpgnlzance
of the third section of tbo amendment, and
weighed it word by word, following it literally
for tbo most part, and rejecting deliberately tbe
very word intended to embrace a military officer.
It must be borne in mind that we are here con
sidering the class of military officers who were
such prior sq the rebellion, when the office was
lawful, and who were known as officers of the
militia, and not that class who became military
officers during the rebellion. As to this last
class, they all come under that other clause of
disqualification which applies to participation in
the rebellion.
Second, Having the inquiry thus circumscribed
to civil officers, tho question recurs what civil
officers ore to bo brought within the terms
of executive or Judicial officers of a State.—
They clearly include, so far as executive officers
are concerned, all such officers as are generally
known by the proper description of State offi
cers, or officers of State- In one sense, and in a
popular sense, tho description executive officers
of a State is applicable to a well known class.—
The Governor, Lieutenant Governor, State Audi
tor, Treasurer, Secretary, aud State officials pro
per, who exercise executive functions at tho seat
of Government. I am not prepared to say that
only these proper State officials came within this
term of description, nor am 1 prepared as to ju
dicial officers of a State to limit tbe description
to judges of courts where jurisdiction extends
over the entire State. I must content myself in
saying of theso officers, executive or judicial,
that they are clearly within the meaning of the
law.
Now, changing the inquiry from an affirma
tive to a negative process, gucli officers os usu
ally pass under the description ot municipal, do
not come withlp tlio purview of the act—such
as officers of cities, towns, villages, and subordi
nate municipal divisions. Whether these func
tions are executive or Judicial; or, as is some-
tim« the case, where the same officer acts in
both capacities. Outside of these two represen
tative classes, the first ot which is clearly within,
and the last oi which is clearly , without, the
purview of these clauses, we find in each ot
these States a host of officers whose status is in
some way to be determined, It is Impossible
federal officers, and executive or judicial officers.^ here to proceed by way of enumeration and die-
name all tiw9> who are Included)
nnd all those who are
All that, can be done Is to cstablliB some fixed
rules. I feel tho necessity Of clrcumspodtion here
in saying Who ore Included wUbitl the disfran-
cliiscmeut, or rather In saying Who are not in
cluded. For while there is doubt, according to
tbo rule of construction which has been referred
to, that doubt must be solved In favor of, rather
than against, tbe right of the voter. The exclu
sion is ail—comprehensive as to time and applies
not only to those who were in offleo when the
rebellion commenced, but to thoee who hold the
prohibited offices at any previous time although
they may liavo ceased to bold such office, an in
definite number of years prior to the rebellion.
It is founded on the idea of a breach of official
trust due to the State as thd author or donor of
the trust. It is founded on the Idea of a breach
of trust, not arising from allegiance as a citizen,
but duty to the State in a direct official relation
to that Slate, and through that to tho Federal
Government.
So far as this act designates by name the per
sons who violated such a trust, it is that class to
whoso keeping the trust is especially confided.
That is to say, the persons who were clothed
with the legislative power. Whereas, in this in
stance, there is a purpose of exclusion on a com
mon ground, and one class is designated as com
ing within this purpose, and other classes are
left indefinite and only to be ascertained by con
struction, it is allowable to find the indefinite
class by tbe rule of assimilation. We see then,
in this law a purpose ot exclusion as to the three
great departments of a State—legislative, judi
cial, and executive. We see further, that as to
the legislative department, made up of a lcgis-
tive body, composed of members and various
officers appertaining to such a body as a legisla
ture, the exclusion is only ol the higher func
tions of that body, the members, nud is not car
ried to its subordinate officers.
The terms of exclusion are not the lhembera
and officers of a State Legislature, but simply
tbe members of a State Legislature. As, there
fore, the exclusion in the legislative department
has effect only upon the highest class in that de
partment, it is safe to say that some policy of
exclusion attaches rather to such officers as ex
ercised functions of important trust in the exec
utive and judicial departments than those whose
functions and duties are merely limited and sub
ordinate. I have already called attention to the
comprehensiveness oi these exclusions as to
time. How to declare them equally comprehen
sive as to persons, and to 3ay that they epibmce
all officers, large and small, coming in any sense
within the description of executive and judicial
officers who have at any time during their lives
held any one of theso offices, would have this
inevitable result, that in the formation of tbe
constitution of a State, by agency ot it own peo
ple, a large proportion, perhaps a majority, of
tbe most intelligent and capable of the people
would be excluded.
There is no part of my duty in attempting to
give construction to these laws, in which I find
myself involved in such painful uncertainty as
in determining what officers outside the classes
already designated, come within the )ust range of
exclusion. I have said that, in addition to the
class of officers who already come within the
terms of the act as judicial and executive officers
of the State, and to those classes which compre
hend militia officers and municipal officers, who
clearly arc not within the terms of the act, there
remains a vast body of officers whose status is in
some way to be defined. Theso are known in
popular language by such terms ot description
as county, township, and precinct officers. Their
name is legion. Their functions and duties aro
for the most part strictly focal. Some of them,
such as sheriffs, and justices of County Courts,
liavo jurisdiction over tho entire county, others
aro restricted to the smallest civil subdivisions.
I have directed abstracts to bo prepared for each
of these States which will exhibit all these offi
cers and tiie duties which appertain to them nnd
tlio form of the oath required.
I mu9t reserve for further consideration, after
the abstracts arc made, the question whether all
of them, or if not all, what classes of these offi
cers came within tiie disqualification as to all
other executive or judicial officers, who are not
in popular language, characterized as county
officers! I incline to consider them as coming
under tbe description ot executive and judicial
officers of a Stale, witbiu tbe meaning of these
lawn I deem it proper here, in reference to
this class of officers, judicial or executive, who
are, by tbe rule I have laid down, brought with
in the operation of disfranchisement, to distin'
guish a class wbose duties are not localized, who
stand in direct relation to tbe State, and who, in
rriy opinion, cannot properly be designated as
executive or judicial officers of a State. I mean
that class of persons who exorcise special pub
lic duties, rather in the nature of occasional em
ployments, than general and continuing duty.
This distinction between offices and employ
ment, and between au officer of a State and an
agent of a State is well established. Chief Jus
tice Tilgbman, in 3 Serg. aud Rawle 149, recog
nizes it in the case of commissioners appointed
to lay out roads and canals, and other works of
publit improvement. Tho question aroso upon
a section in tbo Constitution of Pennsylvania,
which provided “that the Governor shall appoint
alt officers whose offices are established by this
constitution, or shall be established by law, aud
whose appointments are not herein otherwise
provided for. The Chief Justice says, it has
never bc«n ascertained, nor is it to be ascertained!
wliat officers this power of uppoiutmeut extend'
I speak of offices created by law since tbe ma
king of the Constitution. Tbe word office is of
vugue and indefinite import. Everything con
cerning tiie administration of justice and tbe gen
eral interests of society may be supposed to be
witiiin the meaning of the Constitution, if fees or
emoluments are annexed to tbe office.
But there are matters ot temporary and local
concern which, although comprehensive in tiie
term office, have uot beeu thought to be em
braced by the Constitution, and when officers of
that kind have been created; the Legislature has
sometimes made tiie appoiutment in the law
which created them—sometimes given the ap
pointment to others than the Governor—and
sometimes given the power ot removal to others,
although tbe appointment was left to the Gov
ernor. The officers of whom I am speaking are
often described in acts of assembly by tbe name
of commissioners, such, fur iuatuuce, as are em
ployed in tbe laying out of roads, aud canals,
and other works of a public nature. Yet, all
these perform a duty, or,iu ulher words, exercise
an office. I cannot enumerate all the employ
ments under the State authority, wbich, in my
ppinion, work uo disfranchisement. I wifi name
some of them by way of illustration, viz: Boards
of commissioners of public works; directors of
Slate asylums; directors of State universities;
directors ofjitate penitentiaries; State directors
Of banks or other corporations; special commis
sioner, or agents appointed by the Governor, or
other State authority to perform special duties as
examiners of banks, notaries public, aud com
missioners to take acknowledgments of deeds,
and lawyers. The rule laid down, and these il
lustrations will perhaps be sufficient to deter
mine who come within Us operations. The next
disqualifying clause is founded on the oath of
office.
Tho oatb, as incidental to the office is not
mentioned in the first disqualifying clause, but
the office alone. But iu the second clause the
oath is made to enter as a necessary element in
Order to work disfranchisement, and it is applied
to the same classes of officers named in the first
flanae, and also to others not rquned in the first
clause, that is, to officers, of the United States.
It is an oath to support tha Constitution ot the
United Slates, and it is clearly provided by thin
Clause that if this oath lias been taken by m
merabef of a Stale Itegiikture, ot ify nil eiecti-
tive, or Judicial officer ot ariy State, then such
person violating that oath and engaging in toror-
reetloh shall be disfranchised. There is some
obscurity in tbeso clauses, and room for doubt
whether disqualification under the first danse
would arise in the case of a member of a State
Legislature, or any execulivo or judicial officer
of any State, who lmd not taken an oath to sup
port tho Constitution of tbe United States. I
incline to the opinion that this oath is put as an
essential thing, the breach of which, by insurrec
tion against the United, States violates the trust
imposed by it upon tbe officer.
Bnt this clause, so far as tbe executive or judi
cial officers of a State are concerned, does not
enlarge tbe class subject to disfranchisement.—
Must also be a Judicial or executive officer of a
State according to tbe rule herein before estab
lished, I do not apprehend any practical ques
tion wiil arise here, for by tbe Constitution of the
United States, this oath is required to be taken
by “ the members of the several State Legisla
tures and all executive and jadioial officers, both
of the United 8tates and of the several States,
and in these ten States the samo oath was re
quired as to members of tiie Legislature and the
executive and judicial officers of the Slate. Thia
brings me to the question, “Who is to be consid
ered an officer of the United States?” within the
cleaning of the clause under consideration.
[We held our paper open to the last possible
moment, but are compelled to go to press with
the report of thd Attorney General incomplete.]
From Panama and Australia.
New York, May 25.—Panama dates to the
14th received. Gen. Alarte made an exstensive
tour through the country and was cordially re
ceived.
Peruvian affairs are unsettled, and revolution
ary outbreaks prevalent The American erew
of the Rayro, alias Cuylor, have been released
from confinement by the efforts of Captain Fos
ter of the gunboat Osceola.
Australian dates to tbe 1st have been received.
The vintage is the largest ever known. Parlia
ment meets early in June. The Americans at
Sidney have passed resolutions expressive of a
want of confidence in tbe Consul. There has
been an increase of gold tbls year as compared
with last.
The settlement of Tounville, in Green Island,
was nearly destroyed by a hurricane.
Thirty thousand toDS of breadstuffs have been
sent to England this year. One hundred and
five thousand tons more remain available for
shipment.
Vessel Struck by ijijhisisi.
Fortress MoNHoq, May 26.—The schooner
Martha Maria, from Wilmington lor the West
Indies, was struck by lightning in the southern
edge of the Galt. The shock prostrated all the
crew. The Captain, b. H. Carle, weut crazy
and died.
From San Francisco.
San Francisco, May 25.—Idaho City has
been destroyed by fire. Main street burned from
Bear Run to Moses Creek, including the office of
Wells, Fargo & Co.
Arrivals at New York.
New York, May 25.—Arrived, AStna, from
Europe; Moneka, from Charleston; Ocean
Queen, from Aspinwall, with 800 passengers and
a halt million in treasure. The yellow fever has
broken out at Guyaquil and Buenavcutura.—
There is great alarm and residents aro going in
land.
Violations of the Internal Revenue Law.
Brooklyn, N. Y., May 25.—Two thousand
kegs of lager beer were seized to-day, the brewers
having failed to cancel the stamps.
The Murratt Case.
Washington, May 25.—Judge Pierpout, ot
New York, will assist in the Surratt prosecution.
COMMERCIAL INTELLIGENCE.
BY TELJLOBATB.
New York Market.
New York, May 25.—Flour dull and un
changed. Wheat dull and drooping. Coro
quiet, aud without decided change. Pork firm.
Lard quiet. Whisky steady. Cotton quiet—
Middling Uplands, 27. Freights dull.
(KTsurau.l
New York, May 25.—Cotton firm. Sales
to-day 909 bales at 27 cents.
Flour and Wheat very dull. Coro unchanged.
Pork closed heavy. ’ Groceries and Naval Stores
quiet. Freights dull and drooping.
New York Stork and ISoner Market.
New York, May 25.—Gold, 37. Sterling, 80
days, 0}. Sight, 10J. Coupons of 1863, 1091 to
1091. Virginia sixes, 67 to 69.
Mobile Market.
Mouile, May 25.—Cotton sales to-day 250
bales. Middlings 28 cents. Market quiet. Re
ceipts 68 btles.
Foreign Market*.
I BY TUB OZBLU LIKE.)
London, May 25.—Consuls 93j, Bonds 72 j.
Liverpool, May 25.—Cotton firm. Uplands
II; Orleans 11]. Estimated sales 10,000. Corn
advanced 89 shillings 8d.
Juarkz’s Reply to Mr. Seward.—Tho reply
of President Juarez to Mr. Seward's message
asking mercy tor Maximiliau in case of ids cap
ture, is said to have been received, but has not
been made public. Henco it is inferred that it
was uot over polite nor favorable to tlio prayer
of the petitioner. The Mexican muddle, getting
worse every day, does not appear reaching a
solution, and it is possible that Maximilian may
not need the kind offices of our Government, bnt
cut bis way through the Liberals, and ent the
country at tlio samo time.
A Dangerous Mode of Evicting Tenants.
—A New York landlord undertook to evict
some tenauts by stopping up tiie chimney of the
tenement occupied by them. In ignorance of his
operations, the family built a tire and went to
bed, leaving it burning. The next day two were
found dead, and two others nearly so, from the
poisonous effects of the chimney gas. The sur
vivors of the family have brought four suits
against the landlord for about $35,000 damages.
Tiie Population qf China.—China’s enor
mous population of four hundred million, nnd
its area ot four million and eighty-eight thou
sand Bqunre miles, ail habitable, seem complete
ly to dwarf all rivals. It Is a curious reflection
that it any one man of the military genius of
Genghis Khan, of Tamerlane, or Alexander or
Napoleon, should arise Iu China to reorganize
and discipline her countless hosts, lie might
march bis swarming legions with perfect impu
nity all over Europe.
Immigration from France.—Whilst the
German and Irish immigration to tbe United
Slates has been very large, arid has attracted
general notice, it is estimated that more than one
million French peqpic have quietly come info
the country, and are now settled in various parts,
chiefly in tho Northwest.
A Duel took place in New Orleans on the
15th inst., with small swords, between Messrs.
Rodolph Dossat and Eugene Roeiere, in which
the former was slightly wounded in the shoulder
and the latter in the right side and through the
right arm. None of the wounds, however, are
considered dangerous,
The Murder at Tryon Factory.—Tho
following mistake occurred in the notice given
ot the mu “ “ " “
oi me murder on the 17tlq at Tryon Factory :—
The murderer’s name is Webster, instead of Fos
ter, and the murdered man Spraggins, and not
Broggtas, as printed in our notice on the 21sL—
Boms Courier.
Attempt at Rape.—A white man named
Tom Mckay is in prison stjdooon on a charge
rape upon the person of
Puckett,
WHOLESALE AND
"KTAU,
Immense Attraction,
— THE—
Cheapest Goods of the Seasoi;
CASH nfiTERj
Are Invited to call at once end secure the
GOODS et the LOWEST PR tCtt|
Van*'
ALL OOOD3 MAJlKEl) IN Play
ONE PRICE ONLY!
Price* Guaranteed to Correipond with /
JOHN M. GANNOIfJ
Corner Whitehall and Hunter tt^
JJE8PECTFULLY Inform! bln friend, a ru ) ’■
that hie Stock Is now complete in every depww ij
that he will, on
Monday, May i 3tb<
Mark down all hi, good, ,i pare, ip toneioona,
the time,. All consumers of Dry
their It, to rente by examining thl, iptemM ,
purchasing elsewhere.
GREAT BARGAINS will be ofiewd to Cub Bn* tji
for the next thirty d»y*. In order to reduce the *24
etock, sc «, tomakeroomfortheMID-BTnniHRiiTOa 1
which I Intend purchasing at the Immeiue Auction u, I
which will take place In New York the laUer jsrlgto'r
and early part of next month. The fket ollheG*Ci),
lug marked in plain figure, 1, the bet eTldeore thtfc ,
prices will be very low, and that there om»th,«w'i
price, customer, can mo the price of every
thennelves and Judge accordingly. To those Urt^*,, _
distance, I would say that, If they tend metheiurjj, \
they will bo promptly filled et the lowestptiwdfc *
season.
Annexed will bo fonnd a SCHEDULE OP DOOM,
the different Department,.
DRESS GOODS DEPARTMEN?
Black and Fancy Silks,
Plain and Printed Organdlee,
Plain and Embroidered Grenadine,,
Laone, Cambric, and Cbambny,
Challlee, Tamartine,
English llarege, Dthafl
Broch-Barege, |
Printed Brllllanta,
Mozambique,
Printed Jaconet,,
Printed Perales
Pine Apple CkAf
HOU8E-KEEPINC DEPARTMEN?.
t, 10,11, and ISM Bleached nnd Brown Sheeting,
8,9, and 10-4 Bleached and Brown Title Du* |
A SPLENDID LINE OF
Irish Linens, Napkins,
Towels, Scotch Diaper,
Hack Diaper, Russia Crash,
Marseille, and Lancaster Q1B1
WHITE GOODS .DEPARTMENT.
Swiss, Jaconet, Nainsook,
Moll, and Crimped Muslins,
Plaid and Striped Nainsook,
Swiss and Jaconet Muslins;
Fin Cord Muslins, Bishop Lawn,
White and Colored Tarlslons,
BrtUtaates,
Dotted and Figured Rwl* ’
I A FINE ASSORTMENT OF
Bilk and SUk Lace Cloaks,
Rotundas and Points,
Grenadine and Barege Shut j
A FULL LINE OF
Paris Silk Mitts, Alexandre's Kid Glove,
Lisle Thread and Cotton Gloves,
Black and White SUk Gloves,
Silk, Linen, and Palm Leaf Fane,
Fine French Coraotts,
Ladies' White English Bms,
(somo very superior)
Embroideries, laces,
Collars and Cuffb,
Bordered and Ham-Btiched
L. C Handkerchiefs,
Cambric, Cotton, and
Bilk Handkerchiefs,
Beautiful Parasols,
Silk ami Cotton
Sun UmbrelU)
DOMESTIC DEPARTMENT*
Froad), Kogllsh, aud American. Prinla; French, Scotch
aud American Ginghams ; New York Mill* Long
Cloth, Lonsdale Lod# Cloth, Ililla Long
Cloth, Hose Bud Long Cloth,
Hope Long Cloth,
and all other favorite brands. Also, a splendid utockot
due Sea Inland Shirting and Sheeting alwayi on
hand. A full anpply of Augusta and
Granltevllle Factory Shi rings and
Sheeting*, Yams aud Os-
naburga, Ac.
FOR CENT'S AND BOYS’ WEAR.
Black French Broad Cloth,
Tricot Cloth,
Black French Doeskin,
Fancy Casalmeres,
Caehmereteii, English Tweed#,
Sattlnetta, Jeans, Cottonades,
Plain and Fancy Linens,
Plain aud Fancy Maraeillea,
Drapt d'Ete, English Half Hose,
Hemmed 6ilk Handkerchief,
ALWAYS ON HAND, A FULJ* STOCK OP
Notions, Boots, and Sue*,
Trunks, aud Straw Good*.
JOHN M. GANNON,
Corner Whitehall aud Hunter Streets,
maylfr-tillJuutrH Atlanta, Georgia
THE "LIVE DRUG STORE!’
Come to the
Celebrated “Arotic Fount"
And get your
SODA. WATER'
THE PURE FRUIT BYBUPS
Are drawn ICE COLD, and the only complaint of tin
beautiful, sparkling water ls, that
"IT*8 SO COLD!”
WIIUY YOUR TICKBTU, aud aave SO per rent, sad
trouble of making change. NO BLANKS I—eaehdra**
a “/UU Gluts f" “The last thought to be the beat I”
The Fonot will be kept as clean aa It la beautiful.
OUR PRESCRIPTION DEPARTMENT
la etiU, oomplete, wbeu Physician* and Patieau eaa
rely on getting their Prescription! filled neatly and ref
rectiy.
Tbots dealring jo purchase
QEiieS, MEDICINES, PAINTS, OILS,
VARNISHES, WINDOW GLA38,
PORK WINES AND LIQUORS.
Imported and American Fancy Gooda
TOILET ARTICLES, <k,
Will always find our stock taU and complete, and pries*
30 aa to “Live; AND LET UVK."
Owner Wblteh^SSu^^