The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-06-05

,e pacty have done any overt act for the purpose If
b noting rebellion. may web be said In the pro
f this laF to have engaged in the rebellion "a 80 y
i who during The rebellion acted in an official cs
!, where the duties or office necessarily had TeIato
y the support OF the reueIon such lHeuhars ~ -
Legislatures and rebel Congress aud rebel eei
$ Diplomatic agents Of rebel goafederaey Or sach ~
/. officials whose duties especially ossf
the support OF the rebel cause, must be hell 10 COW -
e within terms Of exclusion. Officers in fhose rsb9
States who, during the rebellion, discharged offa;1
dnties not incident to var, bHt IN preservation Of r
Il ana administration Of Law not to be conslsraJ u
0 thereby engaging III rebellion. The interests III h
mainly require such officers for performance Of snes
: official conduct in time of insurrection ma n
in time of pence, and perform of such dnt
can be considered criminal can't bring n1zIs
to the conclusion that Congress could have meant 49,
such purely civil and necessary officers involved th
incumbent ID guilt OF nsurrection Nothing but tb
most cogent language such az was used the test
oath for lawyers, could manifest such purpose Tbe
Supreme Court, in constituting that test oath and j.,
reference the clause to which have alluded nsas
this language The third clause applies to the seekin
ACCEPTANCE exercise not only of officers created f
the purpose Of efectaay carrying on hostil,tes
but also of any of those Offices which required il
eyey community, whether in peace war for the adj
instration fjustiee and preservation of order find
no such purpose in the of any OF the terms of the
act now .under consideration am according Of
opinion that holding simply Judicial Office, oth ex
eecutiye office, or public enployments are pursly
civil in eharactar, such as county Offices municipal
Offices, and all others Of ike nature, which no.
created for the purpose OF eiiectualy CARVING on
hos.iities and which did not involve the performance
of duties expressly in fuftherance OF rebellion do not
within the meaning OIL part OF the OATH fix
ing the incumbent the guilt oil engaging in the re-
belion So much fer tile participation Of officials
II We now recnr to what amounts TO individual parc-
patton in the rebellion, in the attempt to arrive 1T
classes of persons or Of acts intended to be compre
hended IN the matter of engaging in the rebellion We
have due regard to the subject matter undoubed
Nv; although every rebellion against the United States
IS coprehended it IS the late rebellion, which almost
if not altogether be said TO be proper subject mat
rebellion which extended over eleven States Of
the Union involving or less millions of their peo-
pie continuing for than four years, maintained
by vast itary authority which, as to all those peo.
ple for time and of them during con-
A inuance excluded them from protection under the
laws of the Government, the obligation of allegiance
when thus separated from the corresponding right Of
protection and the breach of that allegiance,
sary modified under such circumstance The obliga-
ton is less stringent and breach of obligation less
prehensible than of temporary aud local nsur-
4 recton nor must forget that throughout these
rebel States there large classes OF their popua
ton or less opposed to the rebelous movement.
and who yet or less necessarily involved in its
support have already said that the language used
in its participation the idea of yolan
tary participation and am satisfied that these consd
eraons growing out Of the nature Of the rebellion in.
dueed Congress to the word eengage in the
of voluntary participation. When insurrection By
its continuation and power takes the form OF DC faeto
government and preseribes and enforces laws over
people within it's territory, Individual rights and obi
cations undergo inevitable modification, and the
rghtful and displaced authority when Il again comes
into place must in accommodate its action
to circumstances and consider many things righ.
fully done which, in instruction, would have
no color of legality This principle recognized by all
civilized nations has been specially enforced in Eng
land by statute and BY decisions of court early
the reign of Henry y IL Obedience to the de faeo
government established under usurping monarch
has been held not to involve subject in the guilt Of
to the lawful king Giving due weight to these
well established principles proceed with the inquiry
of opinion that direct overt act, done with
the intent further the rebellion necessary TO bring
the party within the purFeW and meaning of this law
Merely disoyal sentiments expressions not suf
cent The person applying for registration is not
quired to clear himself from the tannt Of disloyaty
The meaning of Congress here becomes more evident
when look at the last clause of the prescribed oath
He is required to that he will faithfully support
the Constitution and obey the laws Of the United
States, aid will, to the best Of his ability, encourage
others to do =; which part of the oath Is not
patory but promssoryit looks to the future and not
to past and the purpose here manifest to omit
the right to vote the disqualification arising from past
dsloyaty put in the test oath disqualification from
the right to exercise Office Mere acts of common hu
mainly and charity cannot be considered involving
the party in participation In rebellon SO, too,
forced contributions by the rebel authorities the
compulsory payment of taxes in aid Of the rebel
But wherever act done voluntarily in aid of the
rebel cause, it would involve the person. and it must
work disqualification under this law Voluntary con-
tributons III furtheranee of the rebellion, subscrip
tions to the rebel loans, and organised contrba
tons of food clothing necessary supplies, except
of strictly sanitary character are to be cassed with
which disqualify the Boards of Registration The
original contains provision to the manner and
for holding election of delegates to
ton other purposes First section Of supplemental
act provides that registration Of voters shall be
made before the lst September, 1857 the fourth and
subsequent sections provide for means by which this
registration is to be effected The commanding Gene
raj is directed to appoint many boards OF regis.ra
ton may be necessary consisting of three loyal off
GERS or persons make and complete the regstraior
superntend the elections and make return to him of the
votes, lists of voters and of persons elected dele
gates by plurality of votes cast and aid election and
upon receiving said returns he shall open the
ascertain the persons elected delegates according
the returns of the officers who conducted said election
and make proclamation thereof; and It majority Of
the votes given that question shall be for
tion the Commanding General within sixty days fIanl
the date of the election, shall notify the delegates TO
assem- BILE convention time and place to be
toned in the notification and said convention, when
organised, shall proceed to frame constitution and
civil government, according TO the provisions of this
and the act to which is supplementary and when
the shall have been framed said constitution
shall be submitted by the convention for ratification to
persons registered under the provisions OF TINS ae
election to be conducted by officers persons ap
pointed to be appointed by tne commanding general
as horeinbefore provided and to be held after the eS
piration of thirty days from date Of notice thereof
be given by said conventions and returns thereof shall
be made to the commanding general Of the district
The sixth section provides that all elections in States
mentioned in said act to provide for the efficient
government of the rebel States SHALL during the oper
alton of said act, be by ballot And officers making
said registration of voters and conducting said cleo
tons Shall before entering upon the discharge Of their
duties, take and subscribe the oath prescribed by the
act approved July Q 1862, entitled act to prescribe
oath of Office: Provided, that if any person shall
knowingly and falsely take and subscribe any oath
this act prescribed such person offending and being
thereof duly convicted, shall be subject TO the pains
the punishment of wilIfu and corrupt perjury. The
only oaths prescribed BY this act the oath to be taken
by the persons applying for registration and the DATA
to be taken by the persons comprising the Beard Of
Registration, The duties of the board are: First, to
make and complete the registration and to superinend
the election. The first question, to the duties and
powers of the board in making and completing the
gistration The first section provides that the
manding general shall registration to be msde
of the maescitzens of the United States, twentyone
years of age and upwards resident in each county or
parish in the State orStates including in bis district
which registration shall include only those persons
who qualified to vote for delegates by the act afors
said, and who shall have taken and subscribed the
following oath affirmed affirmation By this oath The
person applying for registration must swear affirm
to every qualification provided for by the original act
The question which arises here is whether any other
oath can be required of the persons applying for regis
traton, or any oath can be administered to any eths
person or persons touching the qualifications Of the
applicants by the Board of Registration. The las
clause Of this first section provides follows which
oath affirmation may be administered by any regis
erng officer. The oath here referred to is the oah to
be taken by the person applying for registering haze
very carefully examined all provisions Of this act and
find authority for other oath to be taken y
any touching the qualification of the applicant toE
registration, but only this oath. am clearly Of op'noH