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fin ftf r fe **' 0 a reife !£& 0 9 %*+. h§f#fc lewis iiv\i:s editor a proprietor the old ivortli state poi*eter gaston single copies five centa vol ii no 20 salisbury is c thursday may 30 1s67 whole no 204 wm ,,, ■■■ii — a ■•*«—» know thy destiny madame k v thornton the great en i glish astrologist clairvoyant and psycho ; metrician who has astonished the scientific classes of the ( h.l world has now located her : self at hudson x y madame thornton possesses such wonderful powers of second sight as to en hie her to impart knowledge ofthe greatest importance t the bingle or married of either sex while in a slate of i trance she delineates the very features of the person you are to many j by 1 1 , aid of an instrument of intense power known as the pschomotrope guarantees to produce n life like picture of the future husband or wife of the applicant together with date of narriago position iu life leading traits of character fee this is no humbug as thousands of testimonials can assert she will send when desired a certified certificate or written guar antee that the picture is what it purports to lie by enclosing a small lock of hair and stating phi f birth age disposition and complexion and enclosing fifty cents and | stamped envelope addressed to you if you will receive the picture and desired informa tion by return mail all communications sa credly confidential address iii confidence madame e p thornton p i ih.x j-j:i llu.hoii \ . y mar 26 186 tw ly -, ??' v.jini lady returning to her country home after a sojourn nf a few months iu the city was hardly recognised by her ' friends in place of a coarse rustic hushed face she had a soft ruby plexion of almost marble smoothness ami instead of twenty three she really appeared i ui eighteen cpou inquiry as to the cause of so great a chain she plainly told then that she used the oir , cassian balm and considered i an inval uable acquisition t tiny lady's toilet ily iis use any lady or gentleman can improve their personal appearance an hundredfold it is simple in its combination as xaiiue herself is simple yet unsurpassed in iis efficacy in drawing impurities from also healing cleans ing and beautifying the shin and complexion by its direct action on the cuticle it draws from it all its impurities kindly healing the same and leaving the surface as nature intended it should he clear soft smooth and beautiful price .* i soul by mail or express on recept of uu order bv w l.'clauk & c chemists no :|. west payette st syracuse \. y the only american agents for thu sale 1 lb same inarch 26 lw 1 y astb.oi.og'sr the y«rl«s astonished at'i'in wo 1:1111 i ni ni.a'i i'.ns mam by till liki'.a t asl itologist 1 madame h a pcrriu'o phe reveals secrets no mortals ever knew she restores to happines those who from dole lul eviits catastrophics crosses in love loss fof retitious and friends loss of money fee have become despondent she brings togeth er those loll separated gives information - creuing ah eni friends or lovers restores lost or stolea property tells yon the business you | are best qualified to pursue and ill what y..n will be ni isl sin ssful causes speedy mar ringes and tells you the very day yuu will marry gives you the name likeness and characteristics ofthe person she reads your very thoughts and hy h.u almost supernatur al powers unveils the dark and hidden myste ries of the future from the stars wo see in the firmament the malefic stars that over come or predominate in the configuration — from the asp cts and positions of the planets and the fixed stars in the heavens at the time of birth she deduces the future destiny of mail kail not to consult the grentcsl astrol og'lst on earth it costs you hill a trifle and you may never again have ro favorable an op i jiortiinity consultalioli fee with likeness i and all desired information 1 parties liv i ing at a distance can consult the madame hy mail with safety and satisfaction to theinselvi s as if ill person a full aud explicit chart written out with all inquiries answered nnd likeness enclosed sent by mail on receipt of price above mentioned the strictest secre cy will he maintained and all correspondence returned or destroyed references of the high est order furnished thniii desiring them write plainly the day ofthe month and year in which you were horn enclosing a small lock ofhair address mai.a1.i15 ii a i'i kill un p 0 drawer 203 buffalo n y maroh28 ish7 twly there co.nelh glad tidings of joy to all to young aud to old to great and to small ; the beauty which once was so precious and rare is free for all and all may be fair 11 v i in u«e ol chastellar's white liquid e n a m li i for improving and beautifying the com plexion the most valuable andperfeot preparation in use for giving th skin a beautiful pearl like tint that is only found iu youtli it quick - ly removes tan freckles pimples blotches moth patches sallowness eruptions and all impurities ol the shin kindly healing the same leaving the skin white and clear as alabaster its use call uol be detected i.v the closes cl'll tinv aud beiug 11 vegetable preparation is per i'eetly harmless it i th ly article nl the kind used l.y the 1'r.iich and is consider d by the parisian as indispensable to a perfect toil et upwards of 30,000 bottles were sold during th ast year a bufficieul guara.it if its lii - eacy price only 75 ceuts bout by mail posl paid ui receipt of an order by jll-'.klikli shutts.-s co chemists 285 liiv r st troy n v april 4,'c7 my s|m-«-ial vol ires i marriage guide.-},"1 hg'!?'"at ° physiological work or every one his own doctor being a private instructor for married persons or those about to marry both male and female in everything concern ing the physiology aud relations of our sexual sysiem ami the production or jpre v.-ntiou of ofljpring including all the in.w discoveries never before given in the eng lish language by wv young m.i this is really a valuable and interesting work it is written in plain languagcf'oi the general reader and is illustrated with upwards of one hundied engravings all young married people or those contem plating marriage and having the least im pediment to married life should read this book it discloses secrets ll.lt every one should be acquainted with still it is a hook that must be locked lip and not lie about the iu use it will la sent to any one on the receipt of fifty cents address dr w.m v.iini no in spruce st above fourth philadelphia dune 16 go 64tw&wly reparator capilli throw away your tills frizzes your switches j-0u1 wijt destructive of comfort nnd not worth n flu nine ujre.i come youthful come ii*jly anil fulr * \ lid rejoice in yoorowu luxuriant hair reparator capilli for restoring hair upon bald heads from whatever cause it may have fallen out and forcing a growth of hair upon the face it has ii pinl it will force the heard to grow up on the smoothest lace in from five to eight weeks or hair upon bald heads iu from two to three months a few ignorant practition ers have asserted that there is nothing that will force or hasten tlie growth ofthe hair or beard their assertions are false as thous andsof 1 i v in witnesses from their own expe rience can hear witness but many will say how are we to distinguish the genuine from the spurious .' it certainly is difficult as nine-tenths of the different prepaiations advertised for tho hair and heard are entirely worthless and you may have already thrown away large amounts it their purchase i such wc would say try the reparator capilli i will cost you nothing unless it fully < - up t our representations if your druggist does u.it keep it send us one dollar and we will forward it post paid together with a re ceipt for the money which will be returned you on application providing entire satisfac tion is inn given address \\ . i clark & co chemists n we payette street syracuse n y march 26 l--ii tw ly afflicted ! ! sutler no more when liy tho n-e f ihi i.hw i.1.1*"s ki ! i x 1 1 v he cured pnnnauentl , and al u trifling cost the astonishing success which hiu attended ihis iu uluahle medicine for physical an i ner \\ , . ueneral debility und prostra tion boss of muscular knerjry fnipotency or any ofthe consequuiicesof youthful indiscretion renders it the most valuable preparation ever discovered it w hi nun ve all nervous affections denres sion excitement incapacity to study or uusi ne -. hiss i iiieiuory confusion thoughts of self destruction fears of insanity ac it will restore the appetite renew the health uf those who have destroyed il by sensual excess or evil practices young men be humbugged no more by qua k 1 doctors and igiiornut practitioners but sen i without dela.i for the elixir and be al "..>'.• re , stored to health aud happiucss a i'erfecl cure is guaranteed in every instance price si or four bottles l one nddress h one buttle is sufficient to effoel u cure in all ordinary en es a.l5.0.dr loln'vii.i.i;-ssi'i ll''l(i'ii,l for the speedy and permanent cure of gonorrhea licet urethral discharges gravel stricture nud all affections uf the kidneys and bladder 1 lire elleetee ill l'l'dlll iii tu live days tlle.v are prepaid from vegetable extructs thai aro harmless nil the - \ stem nn.l never nauseate the stnniuch ..:' impregnate iho breath nu change ol diet is necessary while using them nor dee their action in any manner interfere with business pur suits price s-l per hex either of the above-mentioned articles wil bo sent to any address closely sealed and post-paid in mail or express on receipt of price address ail orders tu beuger.shtttts .. co choinists n.i.'.k kivci'stii.t troy n v april i iu tw-ly free to everybody a largo 0 pp circular giving information of the greatest importance to the young of both sexes it loaches how the homely may 1 me beautiful the despised respected and the for saken loved no young lady or gentleman should fail to send their address and receive a copy post paid by return mail address p.o drawer 21 troy n.y april l.'.o tw-ly a card to invalids a clergy man while residing in south america ns n missionary discovered n safe and simple rem edy forthe cure nf nervous weakness fairly do cay diseases ofthe i riuary and seminal organs uid the whole train nf disorders brought on by ■ul and \ icious habits greal numbers have been alr.a.lv cur 1 by this noble remedy promp ted in .. le-ive i benefit t e afflicted and unfor tunate i ill send the receipt for preparing and u-ing thi medicine in a sealed envelope to any mu .. ho ls it i in i oi ii mu.i address joseph !• 1nmw station i i'.ihle house jitii is iuh6 ivu v.w york city tiie old north state tri weekly j-j bates of subscription d tek1is cash in advance tri weekly one year -' - «••<••- six months - - 3.iw ! one month - - 75 ta i «• w5-.ek1.t ] **" ' wee kly paper onb year - - - » 8.0(1 '. " six months - - 1 50 .. •• feu copies i'i year • 82.00 twenty copies one year 4u.uu j a cross --^ ui tlie paper inilicatcs the expiration ol the subscription the type on which the oi.n n'e.rri state is printed is entirely new no pains will i spare i to iiuike i ii well uue visitor to every family in order to do tins wc imv i'-uere.l the services of able nnd itccomplished literary contributors advertising rates transient rates for till peri is less ih in one month . no s.jiuii-e first insertion 1.00 kneii subsequent insertion bo contract rutcsfor periods run to foni months i mil | i mil | 1 mil | 1 mo ii ho 1 sociii jfi.001 s850 i 12,001 i5,00 6201ni 2 sou iii s : ii i 1300 | 17 im | 21 00 2700 3 sqc iiiks in uu ib iii 1 ml i i.nn i 00 4 squaiies i*j i | ls.m i 230(l js.h 3700 ql-ak col 130(1 i 1900 i 2400 i 211.00 3s50 half col 2i.(iu ! jt uu | 33001 3800 14 00 3,'i'ai coi 25001 8300 40 00 1 4500 50 110 one col an mi i 42,00 i 52,00 1 60.00 1 sp.-i nl contracts will lie made with those who desire to advertise ibi n long r term than ccur months court notices und advertisements will be charged it the usual i stes ten line oi lit minion type or about nun inch lengthwise of the cnlm constitute n square special notices in leaded nun will be col - trailed fnral the nlli.-c at not less than double llie rule of ordinary advertisement -. , inserted ns rending mutter with approval o the editors filly cents per line advertisements inserted irregularly oral inter vals •-'■' per cent additional the rates nbov nrintodaro for standing adver tisements one or two squares changeable al discretion i per ecu additional ' more than two squares changeable al discre tion per square of ten lines for crerj change ; twenty-five cents five s.piar.-s estimated .. ' n quarter column and ten squares as n hah column hills !"' -' vertl-u wlie : i ■!' i'v hi • i i v '"' vl'iit tt lit tv i eon id ted due and colic labhi on preset latioii , m|---f-p«-ak-»..ll li«.tiw»-»^..'lmm.'-v?ii-k-rt^-:--*-92*>l.*l reconeteuctiorj i ' i opinion of the attorney general of , the united states • attorney general's ofkice | t may 24 l8g7 i , to tue president t sin 1 have the 1 honor to state my opinion upon quest inns i arising under the act ol march 2d 1807 i entitled an act to provide for the in ire i : i licienl governnipiil of the n bcl 1 it s a ial the act of march 23d 1867 entitled --. n t acl supplementary to an acl enlitli d an net . io provide for more efficient governuicnl of rebel states upon which questions the t military commanders of the districts in t which those states are comprised havi asked your instructions i the lirsl and mosl important of th i questions mav be thus staled : "\\ ho ate t entitled to vote and who are disqualified i from voting at iho elections provided for i coming within the purview of these acts i i the first provision upon this subject is to i •.■i found in iho fifth section of the original acl t and declares the qualifications and disnuuli • tications of voters al elections to bo held i ir . delegates to proposed constitutional con i ventions in each state and at elections to bu held for ratified ion of constitutions ili.n i niiiv be framed by such conventions thai i bection provides that delegates to such con i volitions shall beelccted by the male citizens . of said slate 2 1 years old and upward of ] whatever race color or previous condition ! i who have been resident in said stale fur one i year previous to the day of such elcctii n i except such as may be disfranchised for par i licipation in rebellion or for felony at com 1 i moii law and that tho same qtiulificiltioi », i i so required for election ot delegates si ill i also i.e required upon election for raiili.a , tion tho proviso to this section alsoex-li eludes from the right to vote for delegates to convention every person excluded irom ihe privilege nf holding office by an ninend mint to the constitution of tho united states proposed by tho39fh < longress and known as article x i v . th sixth section provides " thai until the people of said rebel states shall joe by law admitted to rep resentation in co igress any civil govern ments which may exist therein shall bo deemed provisional only and in all respects subject in the paramount authority oi the united slates at any time in abolish mod fy control or supercede the same and in all elections to any office under such pro visional governments all persons shall be entitled to vote and none others who are entitle 1 to vnle under the provisions ofthe fifth bection of ihis act ; and no person shall he eligible to any office under such provisional governments lm would be disqualified from holding office under the provisions ofthe third article uf said ( ou st ilulional amendment • it is to 1 e o i served lure that the qual ifications of a voter are by the fifth sectioii limited to election of delegates to the ( on venlion and to the questiou whether such convention shall nr shall not be held and that iu qualification is declared for a dele gate bo to be elected but by the sixth sec tion the same qualifications as to a voter are required iu all elections to any office undertbe existing provisional i rovernments during their continuance and as to eligibili ty at such elections certain classes are excluded the ti.st section of the supplemental act 1 provides lhal the commanding general in each district shall cause a registration to be made of male citizens of the united states twenty uue years and upwards residents in each county or parish in the stale or states i included in his district which registration shall include only those persons who are qualified iu vote for delegates by llie origi nal act the person offering himself for registration is also required to take an oath which for convenience i now divide into paragraphs or sections preserving as near as may he the language f the act : he must swearor affirm as follows first : that i.e is a citizen of tbe state and has resided ill said stale for months next preceding the day when he takes the oath and thai he now resides in the counly of or in the parish of in said state second that he is twenty-one years old third thai he has not been disfranchised , for participation in any rebellion or civii war against the united states nor for felony committed against the laws of any state or of the united states fourth that be has never been a member of any state legislature nor held any executive or judicial dice in any state and after wards engaged in insurrection or rebellion : against the united stales or given aid or i comfort to the enemies thereof fifth that j he has never taken an oath as a member of . ongressof the united states urns a inoiii qer of anv slate legislature or as an execu tive or judicial officer of any state to sup port the constitution of the united states and afterwards engaged in insurrection nr rebellion against the united stales or given aid and comfort to the enemies thereof — sixth that lie will faithfully support the i and obey the law soft he united ! shares and n n trie desi r ins utinuy i iu mrage others so to do the second section ni this net provides tint afier the completion nf this registration in any one slate and alter at least thirty | days public notice of the lime and plnce i which the commanding general shall ap ' . point and direct ail election shall bo had ' for delegates l a convention and a rule is 1 . given to lix the number of delegates to he elected an the appointment of these j . delegates in proper civil sub-divisions giv j ■ing to each sub-division representation ill | rati of the registered voters j < the third bection provides thai at the elec ' i tion for delegates the registered voters shall i voie lor or ngainsl a convention i the fourth section provides for an elec , < tion to ratify the constitution that may bo i framed by delegates and tho right to vol ' i at this election is coulined to"pers.uis regis . lend the sixth sectioii provides that all elec j i tions in th states mentioned in said ongi ' mil act shall hiring the operation of such ! s act he by ballot and all officers making i such registration of voters and conducting 1 said elections shall before entering upon i the discharge of their duties take an oath ' i pi-escribed by the act of july yd 1*03 ' entitled an act to prescribe an oath of i office the first consideration which requires my i attention upon the question as to the right to vole arises upon the registration of vo ters the question of qualification or dis qualification is fixed by registration no power is given to any other board or any other authority after registration is comple ted i change ih registry persons whose names are admitted to registration are enti tf 1 to voie subject to the limitation here inafter mentioned and none others this registration must be completed before the 1st day of september lstjv the functions i the hoard as a hoard of registration cannot he extended beyond that fixed time but afier that the duties which remain to ■in performed by the oliicers composing this board are limited to boldii.fr aud bit per in tending elections and makingnroperretnrns ( to the commanding general this brings us tn the direct question win are entitled to registrniion first as to citizenship and residence ; no person is entitled to vote who , shall not he a resident in the state for ono . year previous to the day of election it is not necessary thai this previous residence for a year should exist at tho time a person applies for registration a person in all other respects entitled to vote is eiftitled to registration nlthough lie has not ill lhal time been a reside i of the slate for ii full year ; lor we liud ill the supplemental act thai the oath as to residence do snot require the applicant to swearllml he has then been a residenl for n year hut only requires him i to sia e the number of months ul his resi dence contemplating a period less than as well 88 lllilll terlliol twelve molltlls j'llolo ' fore os to such a person so registered if it happen at any election subsequently to be held that ffio tiino of his residence count ing from the day of election does not cover an entire year lie cannot vote at such el c tion fur this supplemental act does not as to residence change the provisions of the original act as it is expressly provided by it as to registration that it shall include only those who arc qualified to vote by the origi nal act to carry out the purposes of the law in this respect as to residence the board of registration should note opposite the name of the person whose residence has not extended to the full term the exact time of his residence as to ctnisciiftliiji il.c j-u-»n fication stated in the original act is citizen ship of the state but by the first clause first section in the supplemental act regis | tration is to be made ot male citizens of the united states and as to the oath the ap plicant is only required to swear that ho 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 such persons as are citizens of the united states and citizens ol the slate and that an alien who has not been made a citizen of the i ni ted states cannot safely take the oath but as the board of registration have every au thority to administer the prescribed oath thoy cannot require any further oath or proof as to citizenship ; and if an alien not made a citizen ofthe united states takes the oath he takes it at his peril and is sub ject to persecution for perjury second as to age no one is entitled to registration who is not at least twenty-one years of age on the day he appears for reg istration in this respect tho qualification as in age differs from the qualification as to residence and the fact that majority must exist at the date of registration has rela tion to the day of registration and not to the day of subsequent election third next as to disfranchisement i shall consider the various clauses of dis franchisement according to order and the division into sections herein before stated and lirs as to thegeneral clause declaring disfranchisement : the fifth section of the original act denies the right to vote to such as may bo disfranchised for partici pation in the rebellion or for felony at common law the words here used in the rebellion i.,...-i \„ o.k ,, lo lncc-m kictiii v,»lll v the supplemental act enlarges tbe disquali fication and requires tbe applicant to swear that lie has not been disfranchised for par ticipation in any rebellion or civil war against the united states nor for felony con milted against the laws of any state or of the united states what then works a disfranchisement under these provisions ? whether we consider this disability as ari sing out of participation in a rebellion or in commission of felony the mere fact of such participation or commission of a felonious offence does not of itself work disfranchise ment it must bo ascertained l.y judgment of court or legislative act passed by compe tent authority disfranchisement for felony committed against the laws of a state or the united st.l'es consequent on a convic tion in courts either of the united states or of a state or declared by the laws of either would be fatal under these acts i am not aware of any law of tho united states which works disfranchisement as to the right of suffrage by force of the act itself nor docs such consequences follow from conviction for treason or conspiracy to commit trea son nr for any other act of participation in rebellion the provision in the constitu tion of the united states as to treason against the united states nor does.dechire what shall be the punishment on convic tion for treason that is left for congress with the limitation that corruption of blood shall not follow as a consequence or any forfeiture except during the life of the par ty congress in the exercise of its power to declare the punishment has limited such punishment as a consequence of convic tion to a penalty of death or imprisonment miiuuniissi.il of slaves owned by llie party and to disqualification irom holding any office under the united slates lam not advised of any statute new in force iu cull er uf these toil states except perhaps vir ginia which declares disfranchisement as to the right of suffrage l.y force of the act itself the fourth and fifth sections may be con sidered together tl parly applying for registration must swear that i have never been a member of any state legislature mu held any oxecutive or judicial office hi any stale ind afterwards eugagod in in surrection or rebellion ngainsl tho i nited states or given aid and comfort to tho co mics thereof that i have never taken an oath as a member of congress of the uni ted states or as an officer of the united | siaies or as a member uf any state legis ' hit ire nr as an executive or judicial officer of any state tn support the constitution of the united states and afterwards engn god in insurrection against the i nited slates or given aid and comfort to the en emies thereof these clauses of the oath iu effect extend the disfranciscmeul beyond the provisions ofthe original not and tho i prior clauses of the oath in tho important particular that neither oonvlotlon nur a judgment of court nor an express legisla tive enoetment are required to establish the fact of dlsfram hlsemont in legal par lance disfranchisement under these clauses ofthe oath results from matters in in pais i but in one respect these clauses limit the ■generality of the original act as to disfran , chisement the original contemplated dis franchisement under these clauses does not arise from participation in rebellion alone but other elements must concur — that is , to say holding certain offices or taking of : ficial oath by certain officers and after : wards participating in rebellion against the ' united states tlie consideration of these to el-.-,n«r lo«.d v two cliet.aok udj««t4 • of matter of enquiry : first what offices or officers are comprehended : second what acts amount to engaging in insurroe i tion or rebellion against the united states or giving aid and comfort to the enemies thereof i will first consider what offices or officers are comprehended as to some officers there is no room for doubt mem bers of a state legislature and members of congress are clearly enough designated tbe question might however arise wheth er a convention held in a state for framing an amendment of its constitution would answer to the description of a state legis lature within the meaning of the act such • a convention although it is clothed with legislative power cannot properly he de nominated a state legislature and m the acts now under consideration a con vention and legislature are expressly dis tinguished from each other for they re quire the constitution to be framed by s convention and they require the legisla ture of the same state to adopt the consti tutional amendment when then in the same acts they again use the phrase legislature ofthe state they must be . understood to use it in the same sense and as distinguished from a constitutional con vention but as to those legislative bodies which passed what are called ordinances of i secession by whatever name they may be called i am of opinion that their members ' are properly comprehended within this dia i qualifying clause for i can imagine no , official legislative position to which the duty of allegiance was more distinctly vio lated tlie next and more difficult inquiry is who is to be considered an officer of the 1',,'ttna •?' i - - m m fnawriw n jii/li.oal 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 members of a state legislature or members of congress the descriptions used ab to other officers are as to state officers that they must be judicial or executive and as to a federal officer the terras executive or judicial are not expressed he is de scribed simply as an officer ofthe united states it has been shown that the fed eral officers and state officers are classified separately in the clauses of the 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 arc included in the terms executive or judicial this phrase is twice used in these clauses with the superadded description in any state in the first clause and of any state in the second clause i think the control ling term nf description if there is any re pugnancy in the terms must be takek to be the last for that is used in the first clause and in others besides it is the same term of description used in the act of congress 1789 declaring what state offi cers are required to take the oath to sup port the constitution of the united states and in the third section of the constitution al amendment both nsc the same terms of description executive and judicial offi cers of a state the terms arc so gener al and indefinite that they fail to expresi with sufficient certainty a distinction of the persons intended to be reached it is to be regretted in a matter of so much importance that the rule of distinc tion adopted as to members of congress and of a state legislature had not been followed up or if that were found imprac tible that some more definite general rules had not been declared the uncertainty becomes manifest in the application of tho law and this uncertainty necessitates con struction the necessity for construction which arises from the generality of the law cannot be better stated than in the lan guage of plowden : though words be general they are to be reduced to a particularity by exposition j mule according lo the intent of tho act | those statutes which cnniprehotid all things in the letter tho sages of the law , have expounded to extend but to soma ! things ; those which generally prohibit all • people from doing suoh an net they have i interpreted to permit some persons to do it ; and those which include every person in the letter they have adjudged to reach some persons only 11 pounded upon the intent oolloctei by considering tho cause and necessity ofthe not and con paring one pari with another niul u tiiip-14 by for : eign olrcunistanooa 1 deem it propor lure to fl some clear ideas of the general intont of these acts i and by what rule of construction strict or . liberal that intent may best be arrived i at tin intent as i nromod is to enable , ■th people ul each of these states to form
Object Description
Title | The Old North State |
Masthead | The Old North State |
Date | 1867-05-30 |
Month | 05 |
Day | 30 |
Year | 1867 |
Volume | 2 |
Issue | 26-Whole No.204 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archivial image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was |
Creator | Lewis Hanes, Editor and Proprietor |
Date Digital | 2008-10-30 |
Publisher | Lewis Hanes |
Place | United States, North Carolina, Rowan County, Salisbury |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | The Thursday, May 30, 1867 issue of The Old North State a Tri-Weekly historic newspaper from Salisbury, North Carolina |
Rights | Public |
Language | eng |
OCLC number | 601552944 |
Description
Title | The Old North State |
Masthead | The Old North State |
Date | 1867-05-30 |
Month | 05 |
Day | 30 |
Year | 1867 |
Volume | 2 |
Issue | 26-Whole No.204 |
Sequence | 1 |
Page | 1 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archivial image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was 2907753 Bytes |
FileName | sacw08_204_18670530-img00001.jp2 |
Creator | Lewis Hanes, Editor and Proprietor |
Date Digital | 2008-10-30 |
Publisher | Lewis Hanes |
Place | United States, North Carolina, Rowan County, Salisbury |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | The Thursday, May 30, 1867 issue of The Old North State a Tri-Weekly historic newspaper from Salisbury, North Carolina |
Rights | Public |
Language | eng |
FullText | fin ftf r fe **' 0 a reife !£& 0 9 %*+. h§f#fc lewis iiv\i:s editor a proprietor the old ivortli state poi*eter gaston single copies five centa vol ii no 20 salisbury is c thursday may 30 1s67 whole no 204 wm ,,, ■■■ii — a ■•*«—» know thy destiny madame k v thornton the great en i glish astrologist clairvoyant and psycho ; metrician who has astonished the scientific classes of the ( h.l world has now located her : self at hudson x y madame thornton possesses such wonderful powers of second sight as to en hie her to impart knowledge ofthe greatest importance t the bingle or married of either sex while in a slate of i trance she delineates the very features of the person you are to many j by 1 1 , aid of an instrument of intense power known as the pschomotrope guarantees to produce n life like picture of the future husband or wife of the applicant together with date of narriago position iu life leading traits of character fee this is no humbug as thousands of testimonials can assert she will send when desired a certified certificate or written guar antee that the picture is what it purports to lie by enclosing a small lock of hair and stating phi f birth age disposition and complexion and enclosing fifty cents and | stamped envelope addressed to you if you will receive the picture and desired informa tion by return mail all communications sa credly confidential address iii confidence madame e p thornton p i ih.x j-j:i llu.hoii \ . y mar 26 186 tw ly -, ??' v.jini lady returning to her country home after a sojourn nf a few months iu the city was hardly recognised by her ' friends in place of a coarse rustic hushed face she had a soft ruby plexion of almost marble smoothness ami instead of twenty three she really appeared i ui eighteen cpou inquiry as to the cause of so great a chain she plainly told then that she used the oir , cassian balm and considered i an inval uable acquisition t tiny lady's toilet ily iis use any lady or gentleman can improve their personal appearance an hundredfold it is simple in its combination as xaiiue herself is simple yet unsurpassed in iis efficacy in drawing impurities from also healing cleans ing and beautifying the shin and complexion by its direct action on the cuticle it draws from it all its impurities kindly healing the same and leaving the surface as nature intended it should he clear soft smooth and beautiful price .* i soul by mail or express on recept of uu order bv w l.'clauk & c chemists no :|. west payette st syracuse \. y the only american agents for thu sale 1 lb same inarch 26 lw 1 y astb.oi.og'sr the y«rl«s astonished at'i'in wo 1:1111 i ni ni.a'i i'.ns mam by till liki'.a t asl itologist 1 madame h a pcrriu'o phe reveals secrets no mortals ever knew she restores to happines those who from dole lul eviits catastrophics crosses in love loss fof retitious and friends loss of money fee have become despondent she brings togeth er those loll separated gives information - creuing ah eni friends or lovers restores lost or stolea property tells yon the business you | are best qualified to pursue and ill what y..n will be ni isl sin ssful causes speedy mar ringes and tells you the very day yuu will marry gives you the name likeness and characteristics ofthe person she reads your very thoughts and hy h.u almost supernatur al powers unveils the dark and hidden myste ries of the future from the stars wo see in the firmament the malefic stars that over come or predominate in the configuration — from the asp cts and positions of the planets and the fixed stars in the heavens at the time of birth she deduces the future destiny of mail kail not to consult the grentcsl astrol og'lst on earth it costs you hill a trifle and you may never again have ro favorable an op i jiortiinity consultalioli fee with likeness i and all desired information 1 parties liv i ing at a distance can consult the madame hy mail with safety and satisfaction to theinselvi s as if ill person a full aud explicit chart written out with all inquiries answered nnd likeness enclosed sent by mail on receipt of price above mentioned the strictest secre cy will he maintained and all correspondence returned or destroyed references of the high est order furnished thniii desiring them write plainly the day ofthe month and year in which you were horn enclosing a small lock ofhair address mai.a1.i15 ii a i'i kill un p 0 drawer 203 buffalo n y maroh28 ish7 twly there co.nelh glad tidings of joy to all to young aud to old to great and to small ; the beauty which once was so precious and rare is free for all and all may be fair 11 v i in u«e ol chastellar's white liquid e n a m li i for improving and beautifying the com plexion the most valuable andperfeot preparation in use for giving th skin a beautiful pearl like tint that is only found iu youtli it quick - ly removes tan freckles pimples blotches moth patches sallowness eruptions and all impurities ol the shin kindly healing the same leaving the skin white and clear as alabaster its use call uol be detected i.v the closes cl'll tinv aud beiug 11 vegetable preparation is per i'eetly harmless it i th ly article nl the kind used l.y the 1'r.iich and is consider d by the parisian as indispensable to a perfect toil et upwards of 30,000 bottles were sold during th ast year a bufficieul guara.it if its lii - eacy price only 75 ceuts bout by mail posl paid ui receipt of an order by jll-'.klikli shutts.-s co chemists 285 liiv r st troy n v april 4,'c7 my s|m-«-ial vol ires i marriage guide.-},"1 hg'!?'"at ° physiological work or every one his own doctor being a private instructor for married persons or those about to marry both male and female in everything concern ing the physiology aud relations of our sexual sysiem ami the production or jpre v.-ntiou of ofljpring including all the in.w discoveries never before given in the eng lish language by wv young m.i this is really a valuable and interesting work it is written in plain languagcf'oi the general reader and is illustrated with upwards of one hundied engravings all young married people or those contem plating marriage and having the least im pediment to married life should read this book it discloses secrets ll.lt every one should be acquainted with still it is a hook that must be locked lip and not lie about the iu use it will la sent to any one on the receipt of fifty cents address dr w.m v.iini no in spruce st above fourth philadelphia dune 16 go 64tw&wly reparator capilli throw away your tills frizzes your switches j-0u1 wijt destructive of comfort nnd not worth n flu nine ujre.i come youthful come ii*jly anil fulr * \ lid rejoice in yoorowu luxuriant hair reparator capilli for restoring hair upon bald heads from whatever cause it may have fallen out and forcing a growth of hair upon the face it has ii pinl it will force the heard to grow up on the smoothest lace in from five to eight weeks or hair upon bald heads iu from two to three months a few ignorant practition ers have asserted that there is nothing that will force or hasten tlie growth ofthe hair or beard their assertions are false as thous andsof 1 i v in witnesses from their own expe rience can hear witness but many will say how are we to distinguish the genuine from the spurious .' it certainly is difficult as nine-tenths of the different prepaiations advertised for tho hair and heard are entirely worthless and you may have already thrown away large amounts it their purchase i such wc would say try the reparator capilli i will cost you nothing unless it fully < - up t our representations if your druggist does u.it keep it send us one dollar and we will forward it post paid together with a re ceipt for the money which will be returned you on application providing entire satisfac tion is inn given address \\ . i clark & co chemists n we payette street syracuse n y march 26 l--ii tw ly afflicted ! ! sutler no more when liy tho n-e f ihi i.hw i.1.1*"s ki ! i x 1 1 v he cured pnnnauentl , and al u trifling cost the astonishing success which hiu attended ihis iu uluahle medicine for physical an i ner \\ , . ueneral debility und prostra tion boss of muscular knerjry fnipotency or any ofthe consequuiicesof youthful indiscretion renders it the most valuable preparation ever discovered it w hi nun ve all nervous affections denres sion excitement incapacity to study or uusi ne -. hiss i iiieiuory confusion thoughts of self destruction fears of insanity ac it will restore the appetite renew the health uf those who have destroyed il by sensual excess or evil practices young men be humbugged no more by qua k 1 doctors and igiiornut practitioners but sen i without dela.i for the elixir and be al "..>'.• re , stored to health aud happiucss a i'erfecl cure is guaranteed in every instance price si or four bottles l one nddress h one buttle is sufficient to effoel u cure in all ordinary en es a.l5.0.dr loln'vii.i.i;-ssi'i ll''l(i'ii,l for the speedy and permanent cure of gonorrhea licet urethral discharges gravel stricture nud all affections uf the kidneys and bladder 1 lire elleetee ill l'l'dlll iii tu live days tlle.v are prepaid from vegetable extructs thai aro harmless nil the - \ stem nn.l never nauseate the stnniuch ..:' impregnate iho breath nu change ol diet is necessary while using them nor dee their action in any manner interfere with business pur suits price s-l per hex either of the above-mentioned articles wil bo sent to any address closely sealed and post-paid in mail or express on receipt of price address ail orders tu beuger.shtttts .. co choinists n.i.'.k kivci'stii.t troy n v april i iu tw-ly free to everybody a largo 0 pp circular giving information of the greatest importance to the young of both sexes it loaches how the homely may 1 me beautiful the despised respected and the for saken loved no young lady or gentleman should fail to send their address and receive a copy post paid by return mail address p.o drawer 21 troy n.y april l.'.o tw-ly a card to invalids a clergy man while residing in south america ns n missionary discovered n safe and simple rem edy forthe cure nf nervous weakness fairly do cay diseases ofthe i riuary and seminal organs uid the whole train nf disorders brought on by ■ul and \ icious habits greal numbers have been alr.a.lv cur 1 by this noble remedy promp ted in .. le-ive i benefit t e afflicted and unfor tunate i ill send the receipt for preparing and u-ing thi medicine in a sealed envelope to any mu .. ho ls it i in i oi ii mu.i address joseph !• 1nmw station i i'.ihle house jitii is iuh6 ivu v.w york city tiie old north state tri weekly j-j bates of subscription d tek1is cash in advance tri weekly one year -' - «••<••- six months - - 3.iw ! one month - - 75 ta i «• w5-.ek1.t ] **" ' wee kly paper onb year - - - » 8.0(1 '. " six months - - 1 50 .. •• feu copies i'i year • 82.00 twenty copies one year 4u.uu j a cross --^ ui tlie paper inilicatcs the expiration ol the subscription the type on which the oi.n n'e.rri state is printed is entirely new no pains will i spare i to iiuike i ii well uue visitor to every family in order to do tins wc imv i'-uere.l the services of able nnd itccomplished literary contributors advertising rates transient rates for till peri is less ih in one month . no s.jiuii-e first insertion 1.00 kneii subsequent insertion bo contract rutcsfor periods run to foni months i mil | i mil | 1 mil | 1 mo ii ho 1 sociii jfi.001 s850 i 12,001 i5,00 6201ni 2 sou iii s : ii i 1300 | 17 im | 21 00 2700 3 sqc iiiks in uu ib iii 1 ml i i.nn i 00 4 squaiies i*j i | ls.m i 230(l js.h 3700 ql-ak col 130(1 i 1900 i 2400 i 211.00 3s50 half col 2i.(iu ! jt uu | 33001 3800 14 00 3,'i'ai coi 25001 8300 40 00 1 4500 50 110 one col an mi i 42,00 i 52,00 1 60.00 1 sp.-i nl contracts will lie made with those who desire to advertise ibi n long r term than ccur months court notices und advertisements will be charged it the usual i stes ten line oi lit minion type or about nun inch lengthwise of the cnlm constitute n square special notices in leaded nun will be col - trailed fnral the nlli.-c at not less than double llie rule of ordinary advertisement -. , inserted ns rending mutter with approval o the editors filly cents per line advertisements inserted irregularly oral inter vals •-'■' per cent additional the rates nbov nrintodaro for standing adver tisements one or two squares changeable al discretion i per ecu additional ' more than two squares changeable al discre tion per square of ten lines for crerj change ; twenty-five cents five s.piar.-s estimated .. ' n quarter column and ten squares as n hah column hills !"' -' vertl-u wlie : i ■!' i'v hi • i i v '"' vl'iit tt lit tv i eon id ted due and colic labhi on preset latioii , m|---f-p«-ak-»..ll li«.tiw»-»^..'lmm.'-v?ii-k-rt^-:--*-92*>l.*l reconeteuctiorj i ' i opinion of the attorney general of , the united states • attorney general's ofkice | t may 24 l8g7 i , to tue president t sin 1 have the 1 honor to state my opinion upon quest inns i arising under the act ol march 2d 1807 i entitled an act to provide for the in ire i : i licienl governnipiil of the n bcl 1 it s a ial the act of march 23d 1867 entitled --. n t acl supplementary to an acl enlitli d an net . io provide for more efficient governuicnl of rebel states upon which questions the t military commanders of the districts in t which those states are comprised havi asked your instructions i the lirsl and mosl important of th i questions mav be thus staled : "\\ ho ate t entitled to vote and who are disqualified i from voting at iho elections provided for i coming within the purview of these acts i i the first provision upon this subject is to i •.■i found in iho fifth section of the original acl t and declares the qualifications and disnuuli • tications of voters al elections to bo held i ir . delegates to proposed constitutional con i ventions in each state and at elections to bu held for ratified ion of constitutions ili.n i niiiv be framed by such conventions thai i bection provides that delegates to such con i volitions shall beelccted by the male citizens . of said slate 2 1 years old and upward of ] whatever race color or previous condition ! i who have been resident in said stale fur one i year previous to the day of such elcctii n i except such as may be disfranchised for par i licipation in rebellion or for felony at com 1 i moii law and that tho same qtiulificiltioi », i i so required for election ot delegates si ill i also i.e required upon election for raiili.a , tion tho proviso to this section alsoex-li eludes from the right to vote for delegates to convention every person excluded irom ihe privilege nf holding office by an ninend mint to the constitution of tho united states proposed by tho39fh < longress and known as article x i v . th sixth section provides " thai until the people of said rebel states shall joe by law admitted to rep resentation in co igress any civil govern ments which may exist therein shall bo deemed provisional only and in all respects subject in the paramount authority oi the united slates at any time in abolish mod fy control or supercede the same and in all elections to any office under such pro visional governments all persons shall be entitled to vote and none others who are entitle 1 to vnle under the provisions ofthe fifth bection of ihis act ; and no person shall he eligible to any office under such provisional governments lm would be disqualified from holding office under the provisions ofthe third article uf said ( ou st ilulional amendment • it is to 1 e o i served lure that the qual ifications of a voter are by the fifth sectioii limited to election of delegates to the ( on venlion and to the questiou whether such convention shall nr shall not be held and that iu qualification is declared for a dele gate bo to be elected but by the sixth sec tion the same qualifications as to a voter are required iu all elections to any office undertbe existing provisional i rovernments during their continuance and as to eligibili ty at such elections certain classes are excluded the ti.st section of the supplemental act 1 provides lhal the commanding general in each district shall cause a registration to be made of male citizens of the united states twenty uue years and upwards residents in each county or parish in the stale or states i included in his district which registration shall include only those persons who are qualified iu vote for delegates by llie origi nal act the person offering himself for registration is also required to take an oath which for convenience i now divide into paragraphs or sections preserving as near as may he the language f the act : he must swearor affirm as follows first : that i.e is a citizen of tbe state and has resided ill said stale for months next preceding the day when he takes the oath and thai he now resides in the counly of or in the parish of in said state second that he is twenty-one years old third thai he has not been disfranchised , for participation in any rebellion or civii war against the united states nor for felony committed against the laws of any state or of the united states fourth that be has never been a member of any state legislature nor held any executive or judicial dice in any state and after wards engaged in insurrection or rebellion : against the united stales or given aid or i comfort to the enemies thereof fifth that j he has never taken an oath as a member of . ongressof the united states urns a inoiii qer of anv slate legislature or as an execu tive or judicial officer of any state to sup port the constitution of the united states and afterwards engaged in insurrection nr rebellion against the united stales or given aid and comfort to the enemies thereof — sixth that lie will faithfully support the i and obey the law soft he united ! shares and n n trie desi r ins utinuy i iu mrage others so to do the second section ni this net provides tint afier the completion nf this registration in any one slate and alter at least thirty | days public notice of the lime and plnce i which the commanding general shall ap ' . point and direct ail election shall bo had ' for delegates l a convention and a rule is 1 . given to lix the number of delegates to he elected an the appointment of these j . delegates in proper civil sub-divisions giv j ■ing to each sub-division representation ill | rati of the registered voters j < the third bection provides thai at the elec ' i tion for delegates the registered voters shall i voie lor or ngainsl a convention i the fourth section provides for an elec , < tion to ratify the constitution that may bo i framed by delegates and tho right to vol ' i at this election is coulined to"pers.uis regis . lend the sixth sectioii provides that all elec j i tions in th states mentioned in said ongi ' mil act shall hiring the operation of such ! s act he by ballot and all officers making i such registration of voters and conducting 1 said elections shall before entering upon i the discharge of their duties take an oath ' i pi-escribed by the act of july yd 1*03 ' entitled an act to prescribe an oath of i office the first consideration which requires my i attention upon the question as to the right to vole arises upon the registration of vo ters the question of qualification or dis qualification is fixed by registration no power is given to any other board or any other authority after registration is comple ted i change ih registry persons whose names are admitted to registration are enti tf 1 to voie subject to the limitation here inafter mentioned and none others this registration must be completed before the 1st day of september lstjv the functions i the hoard as a hoard of registration cannot he extended beyond that fixed time but afier that the duties which remain to ■in performed by the oliicers composing this board are limited to boldii.fr aud bit per in tending elections and makingnroperretnrns ( to the commanding general this brings us tn the direct question win are entitled to registrniion first as to citizenship and residence ; no person is entitled to vote who , shall not he a resident in the state for ono . year previous to the day of election it is not necessary thai this previous residence for a year should exist at tho time a person applies for registration a person in all other respects entitled to vote is eiftitled to registration nlthough lie has not ill lhal time been a reside i of the slate for ii full year ; lor we liud ill the supplemental act thai the oath as to residence do snot require the applicant to swearllml he has then been a residenl for n year hut only requires him i to sia e the number of months ul his resi dence contemplating a period less than as well 88 lllilll terlliol twelve molltlls j'llolo ' fore os to such a person so registered if it happen at any election subsequently to be held that ffio tiino of his residence count ing from the day of election does not cover an entire year lie cannot vote at such el c tion fur this supplemental act does not as to residence change the provisions of the original act as it is expressly provided by it as to registration that it shall include only those who arc qualified to vote by the origi nal act to carry out the purposes of the law in this respect as to residence the board of registration should note opposite the name of the person whose residence has not extended to the full term the exact time of his residence as to ctnisciiftliiji il.c j-u-»n fication stated in the original act is citizen ship of the state but by the first clause first section in the supplemental act regis | tration is to be made ot male citizens of the united states and as to the oath the ap plicant is only required to swear that ho 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 such persons as are citizens of the united states and citizens ol the slate and that an alien who has not been made a citizen of the i ni ted states cannot safely take the oath but as the board of registration have every au thority to administer the prescribed oath thoy cannot require any further oath or proof as to citizenship ; and if an alien not made a citizen ofthe united states takes the oath he takes it at his peril and is sub ject to persecution for perjury second as to age no one is entitled to registration who is not at least twenty-one years of age on the day he appears for reg istration in this respect tho qualification as in age differs from the qualification as to residence and the fact that majority must exist at the date of registration has rela tion to the day of registration and not to the day of subsequent election third next as to disfranchisement i shall consider the various clauses of dis franchisement according to order and the division into sections herein before stated and lirs as to thegeneral clause declaring disfranchisement : the fifth section of the original act denies the right to vote to such as may bo disfranchised for partici pation in the rebellion or for felony at common law the words here used in the rebellion i.,...-i \„ o.k ,, lo lncc-m kictiii v,»lll v the supplemental act enlarges tbe disquali fication and requires tbe applicant to swear that lie has not been disfranchised for par ticipation in any rebellion or civil war against the united states nor for felony con milted against the laws of any state or of the united states what then works a disfranchisement under these provisions ? whether we consider this disability as ari sing out of participation in a rebellion or in commission of felony the mere fact of such participation or commission of a felonious offence does not of itself work disfranchise ment it must bo ascertained l.y judgment of court or legislative act passed by compe tent authority disfranchisement for felony committed against the laws of a state or the united st.l'es consequent on a convic tion in courts either of the united states or of a state or declared by the laws of either would be fatal under these acts i am not aware of any law of tho united states which works disfranchisement as to the right of suffrage by force of the act itself nor docs such consequences follow from conviction for treason or conspiracy to commit trea son nr for any other act of participation in rebellion the provision in the constitu tion of the united states as to treason against the united states nor does.dechire what shall be the punishment on convic tion for treason that is left for congress with the limitation that corruption of blood shall not follow as a consequence or any forfeiture except during the life of the par ty congress in the exercise of its power to declare the punishment has limited such punishment as a consequence of convic tion to a penalty of death or imprisonment miiuuniissi.il of slaves owned by llie party and to disqualification irom holding any office under the united slates lam not advised of any statute new in force iu cull er uf these toil states except perhaps vir ginia which declares disfranchisement as to the right of suffrage l.y force of the act itself the fourth and fifth sections may be con sidered together tl parly applying for registration must swear that i have never been a member of any state legislature mu held any oxecutive or judicial office hi any stale ind afterwards eugagod in in surrection or rebellion ngainsl tho i nited states or given aid and comfort to tho co mics thereof that i have never taken an oath as a member of congress of the uni ted states or as an officer of the united | siaies or as a member uf any state legis ' hit ire nr as an executive or judicial officer of any state tn support the constitution of the united states and afterwards engn god in insurrection against the i nited slates or given aid and comfort to the en emies thereof these clauses of the oath iu effect extend the disfranciscmeul beyond the provisions ofthe original not and tho i prior clauses of the oath in tho important particular that neither oonvlotlon nur a judgment of court nor an express legisla tive enoetment are required to establish the fact of dlsfram hlsemont in legal par lance disfranchisement under these clauses ofthe oath results from matters in in pais i but in one respect these clauses limit the ■generality of the original act as to disfran , chisement the original contemplated dis franchisement under these clauses does not arise from participation in rebellion alone but other elements must concur — that is , to say holding certain offices or taking of : ficial oath by certain officers and after : wards participating in rebellion against the ' united states tlie consideration of these to el-.-,n«r lo«.d v two cliet.aok udj««t4 • of matter of enquiry : first what offices or officers are comprehended : second what acts amount to engaging in insurroe i tion or rebellion against the united states or giving aid and comfort to the enemies thereof i will first consider what offices or officers are comprehended as to some officers there is no room for doubt mem bers of a state legislature and members of congress are clearly enough designated tbe question might however arise wheth er a convention held in a state for framing an amendment of its constitution would answer to the description of a state legis lature within the meaning of the act such • a convention although it is clothed with legislative power cannot properly he de nominated a state legislature and m the acts now under consideration a con vention and legislature are expressly dis tinguished from each other for they re quire the constitution to be framed by s convention and they require the legisla ture of the same state to adopt the consti tutional amendment when then in the same acts they again use the phrase legislature ofthe state they must be . understood to use it in the same sense and as distinguished from a constitutional con vention but as to those legislative bodies which passed what are called ordinances of i secession by whatever name they may be called i am of opinion that their members ' are properly comprehended within this dia i qualifying clause for i can imagine no , official legislative position to which the duty of allegiance was more distinctly vio lated tlie next and more difficult inquiry is who is to be considered an officer of the 1',,'ttna •?' i - - m m fnawriw n jii/li.oal 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 members of a state legislature or members of congress the descriptions used ab to other officers are as to state officers that they must be judicial or executive and as to a federal officer the terras executive or judicial are not expressed he is de scribed simply as an officer ofthe united states it has been shown that the fed eral officers and state officers are classified separately in the clauses of the 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 arc included in the terms executive or judicial this phrase is twice used in these clauses with the superadded description in any state in the first clause and of any state in the second clause i think the control ling term nf description if there is any re pugnancy in the terms must be takek to be the last for that is used in the first clause and in others besides it is the same term of description used in the act of congress 1789 declaring what state offi cers are required to take the oath to sup port the constitution of the united states and in the third section of the constitution al amendment both nsc the same terms of description executive and judicial offi cers of a state the terms arc so gener al and indefinite that they fail to expresi with sufficient certainty a distinction of the persons intended to be reached it is to be regretted in a matter of so much importance that the rule of distinc tion adopted as to members of congress and of a state legislature had not been followed up or if that were found imprac tible that some more definite general rules had not been declared the uncertainty becomes manifest in the application of tho law and this uncertainty necessitates con struction the necessity for construction which arises from the generality of the law cannot be better stated than in the lan guage of plowden : though words be general they are to be reduced to a particularity by exposition j mule according lo the intent of tho act | those statutes which cnniprehotid all things in the letter tho sages of the law , have expounded to extend but to soma ! things ; those which generally prohibit all • people from doing suoh an net they have i interpreted to permit some persons to do it ; and those which include every person in the letter they have adjudged to reach some persons only 11 pounded upon the intent oolloctei by considering tho cause and necessity ofthe not and con paring one pari with another niul u tiiip-14 by for : eign olrcunistanooa 1 deem it propor lure to fl some clear ideas of the general intont of these acts i and by what rule of construction strict or . liberal that intent may best be arrived i at tin intent as i nromod is to enable , ■th people ul each of these states to form |