The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-29
= COLUMBIA, O.. WEDNESDAY MORNING. NAY 20. 1861 4 .

States does not declare What shall be the
punishment on conviction uf treason. That
Is left for Congress, with the Limitation that
corruption of blood shall not follow as a
consequence, nor any forfeiture except
during the life OF the party! Congress, in
inc exercise OF lts power, has limited such
punishment, as the consequence of convic-
tion, to the penalty Of death or imprison-
ment, md the manuinission OF slaves owned
by the party, and to the disqualified ton
from holding any Office under tho United
States.
am not advised Of any statu;e now in
force in either of these ten States, except
perhaps, Virginia, which declares disfrnn-
chlscnicnt as to right Of suffrage by force
OF the act itself. The fourth and 9Th sec
tions may be considered together. Parties
applying for registration must swear that
II have never been member of any State
Legislature, nor held any executive or
jndioia! Office in any State, and afterwards
engaged in fnsurrcction or rebellion rainst
tho United States, or given aid and comfort
to the enemies thereof; that have never
taken any oath as member OF the Congress
OF the United States, or is an officer Of the
united States, or as a member of any state
Legislature, or AS all executive or judicial
ofhcer OF any State, and afterwards cnrap-
Ell III uisnrfcction or rebellion against the
United States, or given mid and comfort to
the enemies thereof" These clauses Of
beyond the provisions of the original ac.
and the prior clauses of the oath ITSELF in
the important particular, that neither con
viction, nor tue Judgment of court nor
express Legislative enactment, is required
to establish the fact OF disrranchisoment
In legal parlsncc, disfranchiscmcnt under
these clauses OF tho oath, results from
matters en- i;diS; but in one respect these
clauses limit the generality of the original
act as to the distranchiscment. The orr
ginal act contemplatcs Acknowledgement
under these clauses that does not arisn
from participation in rebellion alone. Lut
other elements must concur-that is to say,
holding certain offices, or taking official
oaths by certain officers, and afterwards
participating i'll rebellion against the
United States. The consideration of these
two clauses leads to two distinct subject
matters of inquiry: First. What offices or
officers arc comprchcndcd? Second. What
acts AMOUNT to engagement III instruction
or rebellion against the United States, or
giving all and comfort to the enemies
thereof: will first consider what Office or
offices are comprehended. Az to some
Offices, there is no room for doubt. Mem
bers OF State Legislatures and mombers of
congress arc clearly enough designated.
The question might, however, arise, whe-
thcr convention held in a State for the
framing or amendment OF its constitut ton,
would answer the description of a State
Such convention, although it is clothed
with Legislative power, cannot properly be
denominatcd Il State Legislature; and in
the acts now under consideration n con-
vention and legislature are expressly dis
tingn6hed, for they require 4 constitution
to be framed by convention, and thcy
require tho Legislature of the same State
To adopt the constitutional amendment.
When, then, in the same acts they again
use tie phrase, Legislature Of the State"
thcy must be understood to use it in the
samc sense and as distinguished from a
constitutional convention; but rs to those
ieSisiatlvc bodies which passed what are
called ordinances OF sccessiol, by whatever
name they may have been called, | am OF
opinion that their member; are properly
comprehended within this disqualiiyins
clause, fOr can imagine no official legisln-
tive positionin which the duty of nlleg lance
was more i.stiuctly violated
Ihc next, the more difficult inquiry is
who lS to be considered all Oi:;cer Of the
United States, or all executive or judicial
oiilecr OF a"y State, within tiic meaning
OF these clauses? Various classes II
oiliccrs arc here intended. Ste,r oitcerr
ana Federal officers, and txccli,ivc or ju-
dirial officers. No Legislative officer is
mentioned except a timemder OF State
Legislature OF member Of CAneress. Dc
scriptions nsol az 70 other officers are as
to State officers, that they mist be judi
cial Or executive, aud AZ to u Federal
oilccr, the terms judicial or 'cxoc;,-
i've arc not express. He is described!
SIMPLY as an Officer Of the United States.
IL has bc"2 shown That Federal officers
ahd Sia;c o.lcurs are classified separately
IN the clauses o: the Act under cons idora-
ton. l deem it profitable and conducive
70 clear order to follow this classiiica-
ton. shall accordingly first consider
what State officers are iacluded III :lc
torme executive or judicial. This phrase
= twice used III thGSe clauses, with tie
smpcI-"i'!ed 1escliptionS < .bii any state.
:" any State. III ,iic irst clause, anal 81
tho controlling torn of description, il
there Is ANY rcpuEhapeTr N ilc terms.
mus. i'c taken 10 be the last, .Or that il
used ~ The :irs. clause ana others besiIcs
1t Is the same term uf description used in
the Act OF Congress of 11S9, declaring
VIA; state officers are required to takp
the oath to support The Constitution Of The
United states, and in ihc third section Of
;he constitutional amendment. Both use
the a"mr terms OF do:cript ptioa--"oXccutivc
and Judicial officers 81 tie state" The
terms are 40 general and indefinite that
they fail 10 express with sufficient certain
ty designation % the persons intended
- hc reached. II i 20 be regretted. in a
rulc oi designation adopted a. To mem
bcrs OF Congress ana of State Icgisla-
turc had not been followed up. If tha.
were imprac,icablc, that some more def
mite general rules had moi been declared.
The uncertainty becomes manifest in the
application OF tho law, and this uncer-
talnty nccr~Sitdtcs construction. The
necessity .or construction, which arises
from TIA" generality Of the law, cannot be