The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-25
except, perhaps Virginia, as to which State

special instructions will be given.
| 7. As to disiranchisement arising from having
held office followed by participation in rebellion.
This is the most important part of the oath,
and requires strict attention to arrive at it's
meaning. 1 deem it proper to give the exact
words. The applicant must swear or affirm as
follows:
THAT have never been a member of any
State Legislature, nor held any executive OF
judicial Office in any State, and afterwards en-
gagged in instruction or rebellion against the
United States, or given aid or comfort to the
enemies thereof; that have never taken an
oath as a member of Congress Of the United
States, or as an officer of the United States, or
as member of any State Legislature, or as an
executive or judicial officer of any State, to sup
port the Constitution of the United States, and
afterwards engaged 10 instruction rebellion
! against the United States, or iven aid or com
| fort to the enemies thereof"
| Two elements must concur in order to dis.
qualify person under these clauses: First, the
Office and official oath to support the Constitu-
| ton of the United States; second, engaging at
forwards in rebellion. Both must exist to work
disqualification. and must happen in the order
| of time mentioned.
person who has held an office and taken
the oath to support the Federal Constitution,
and has not afterwards engaged in rebellion, is
not disqualified So, too, person who has en-
gagged in rebellion, bu. has not Heretofore held
office and taken that oath, is not disqualified
s. Officers of the United States.
As to these the language is without Limitation.
the person who has at any time prior to the re-
bellion held any Office, civil or military, under
the United States, and has taken official oath
to support the Constitution of the United States,
is subject to disqualification.
9, Military officers of any State, prior to the
rebellion, are not subject to disqualification.
10. Municipal officers that is to say, officers
OF incorporated cities, towns and villages, such
| as mayors, aldermen, town council, police, and
other city or town officers, not subject to dis
qua lifcaion
IL. Persons who have, prior to the rebellion,
! been members of the Congress of the United
States, or members of State Legislature, are
subject to disqualification. But those who have
been members Of conventions framing or amend
ing the constitution Of State, prior to the re-
bellion, are not subject to disqualification.
II. All the executive or judicial officers of
any State who took an oath to support the Con-
sitution Of the United States are subject 10 dis
qualification, and in these include county Off
GERS, to whom [ made reservation 10 the
opinion heretofore given. After full considera-
ton | have arrived at the conclusion that they
are subject to disqualification if they were re-
quired to take as a part Of their official oath,
the oath to support the Constitution Of the
United States.
l3. Persons who exercised mere agencies or
emT loyments under State authority, are not dis
qualified; such as commissioners to lay out
roads, commissioners of public works, visitors of
State institutions, directors of State banks or
other State institutions, examiners of banks no.
taries public, commissioners to take acknowl
Judgements Of deeds, and lawyers.
ENGAGING IN REBELLION.
Having specified what offices held by any one
prior to the rebellion come within the meaning
of the law it is necessary next to set forth what
subsequent conduct fixes upon such person the
offence of engaging in rebellion [ repeat that
two things must exist as to any person to dis
qualify him from voting: first, the Office held
prior to the rebellion, and afterwards, participa
| ton in the rebellion.
IA. An act to fix upon a person the offence
of engaging in rebellion under this law must be
an overt AID voluntary act, done with the intent
of aiding or furtherins the common unlawful
purpose A person forced toto the rebel SER
vice by CONSUMPTION, or under paramount
| thority which he could not safely disobey, and
who would not have entered such service If left
free to the exercise of his will, cannot be
held to be disqualified from voting
10 Mere acts of charity, where the intent is
to relieve the wants of the object Of such chart
| ty, and not done in aid of the cause in which he
may have been engaged, do not disqualify But
organized contributions of food aud clothing for
| the general relief of persons engaged in the re-
bellion, and not of merely sanitary character,
but contributed to enable them to perform their
unlawful object, may be classed with acts which
do disqnafy.
Forced contributions to the rebel cause, in the
form Of taxes military assessments, which
person may be compelled to pay or contribute,
do not disqualify. But voluntary contributions
to the rebel cause, even such indirect contribu-
tions arise from the voluntary loan of money
to rebel authorities or purchase Of bonds or Sc
curities created to afford the means of carrying
on the rebellion, all work disqualification
Is, All those Who 10 legislative other off,
cia capacity, were engaged in the furtberancc
ofthe common unlawful purpose, where the du
ties of the Office necessarily had relation to the
support of the rebellion, such as members of the
rebel Conventions, Congresses and Legislatures,
diplomatic agents of the rebel Confederacy, and
other officials whose Offices were created for the
purpose of more effectually carrying on hostili-
ties, or whose duties a2pertained to the support
OF the rebel cause, must be held to be disquai-
fed
But officers who, during the rebellion, dis
charged official duties not incident to war, but
only such duties as belong even to State of
peace, and were necessary to the preservation of
order and the administration Of law are not to
be considered as thereby engaging n rebellion
or as disqualified Disloyal sentiments, opinions,