Opinion of Attorney General Stanbery Under the Reconstruction Laws
Opinion of Attorney General Stanbery Under the Reconstruction Laws
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I do not apprehend any practical question will arise here, for, by the Constitution of the United States, this oath is required to be ta- ken by "the members of the several State legislatures, and all ex- ecutive and judicial officers, both of the United States and of the several States, " and in these ten States the same oath was required as to memb(5rs of the legislature and the executive and judicial offi- cers of the State.
This brings me to the question, Who is to be considered "an officer... of the United States, " within the meaning of the clause under con- sideration ? Here the term officer is used in its most general sense, and without any qualification, as legislative, or executive, or judicial ; and, I think, as here used, it was intended to comprehend military as well as civil officers of the United States who had taken the pre- scribed oath. Inasmuch as the violation of the official oath and the official trust has relation to fealty to the United States, which is broken by rebellion against the United States, the reason is apparent for including all officers of the United States, and for making the dis- franchisement more general and comprehensive as to them, standing, as they do, in more direct relation and trust to the United States than the officers of a State.
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To quickly assess the difficulty of the text, read a short excerpt:
I do not apprehend any practical question will arise here, for, by the Constitution of the United States, this oath is required to be ta- ken by "the members of the several State legislatures, and all ex- ecutive and judicial officers, both of the United States and of the several States, " and in these ten States the same oath was required as to memb(5rs of the legislature and the executive and judicial offi- cers of the State.
This brings me to the question, Who is to be considered "an officer... of the United States, " within the meaning of the clause under con- sideration ? Here the term officer is used in its most general sense, and without any qualification, as legislative, or executive, or judicial ; and, I think, as here used, it was intended to comprehend military as well as civil officers of the United States who had taken the pre- scribed oath. Inasmuch as the violation of the official oath and the official trust has relation to fealty to the United States, which is broken by rebellion against the United States, the reason is apparent for including all officers of the United States, and for making the dis- franchisement more general and comprehensive as to them, standing, as they do, in more direct relation and trust to the United States than the officers of a State.
What to read after Opinion of Attorney General Stanbery Under the Reconstruction Laws?
You can find similar books in the "Read Also" column, or choose other free books by United States Attorney General From Old Catalog to read onlineMoreLess
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