The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-06-27
Reconsideration
The Vote OF the Cabinet on the Opinion,
of Attorney General Stanbery.

every person wEo can take that oath is entitled |
to have his name entered upon the list of voters.
Vote unanimous, except that of the Secreta- |
ny of War.
z The Board ofRegistration have no author |
ity to administer any other oath to the person |
applying for registration than this prescribed |
oath; nor to administer any oath to any other |
person touching the qualifications of the appli |
cant, or the falsity of the oath so taken by him.
The act to guard against falsity in the oath |
provides that, if false, the person taking il |
shall be tried and punished for perjury.
No provision is made for challenging the |
qualification ofthe applicant, or entering upon |
any trial or investigation of his qualifications,
either by witnesses or any other form of proof
Vote unanimous, except that of the Secreta-
ry of War
8. As to citizenship and residence.
The applicant for registration must be cit
izen of the State and of the United States, and
mustbe a resident of the county included in the
election district. He may be registered if he
has been such citizen for period less than
twelve months at the time he applies for regis
tration, but he cannot vote at any election I'M
less his citizenship has then extended to the full
term Of one year. As to such person, the ex-
act length of his citizenship should be noted
opposite his name on the list, so that it may
appear on the day of election, upon refer
ence to the list, whether the full term has then
| been accomplished.
| Vote unanimous.
4. An unnaturalized person cannot take this
oath, but an alien who has been naturalized
can take it, and no other proof of naturaliza-
| ton can be required of him.
Vote unanimous, except that of the Secreta-
ry of War
| 5. No one who is not twenty one years of age
at the time of registration can take the OATH
for he must swear that he has then attain'd that
age.
| Vote unanimous.
6. No one who has been DISTINGUISHED for
participating in any rebellion against the laws
of the United States, or for felony committed
against the laws of any State, or of the United
States, can safely take the oath.
The actual participation in rebellion, or the
actual commission ola felony, does not amount
| W NEUTRALITY-SUSPICIOUS.. lnG SOTb Vi ulSlTdQCnlSG-
ment here meant is that which is declared by
law passed by competent authority, or which
| has been fixed upon the criminal by the sem
tence ofthe court which tried him for the crime
No law of the United States has declared the
penalty of disfranchisement for participation
in rebellion alone. Nor is it known that any
such law exists in either of these ten States,
except perhaps Virginia, as to which State spe-
cial instructions will be given.
Vote unanimous, except that of the Secreta-
ry of War, who dissents to second and third
paragraphs.
| T. AS to disfranchisement arising from hay
ing held office followed by participation in re-
bellion.
| This is the most important part of the oath,
and requires strict attention to arrive at its
meaning. deem it proper to give the exact
words. The applicant must swear or affirm as
| follows:
''That 1 have never been a member of any
State Legislature, or held any executive or ju-
dicial office in any State, and afterward engage
in any instruction against the United States,
or given aid or comfort to the enemies thereof;
that have never taken an oath member of
any State Legislature, or as an executive oriu
dicial officer of any State, to support the Con-
stitution of the United States, and afterward
engaged in instruction or rebellion against the
United States, or given aid or comfort to the
enemies thereof"
| Two elements must concurin order to disqual-
flied person under these clauses: First, the Of
fpe and official oath +o Cu,,port +ba Copctit,,-
ton of the United States; Second, engaging af-
terward in rebellion. Both must exist to work
disqualification, and must happen in the order
of time mentioned.
A person who has held an Office and taken the
oath to support the Federal Constitution, and
has not not afterward engaged in rebellion, is
not disqualified. So, too, a person who has en-.
gagged in rebellion, but has not Heretofore held
an office and taken that OATH is not disqualified
Vote unanimous, except TINT of the Secreta.
ry of War.
s. Officers of the United States.
As to these, the language is without limita
ton. The person who has at any time prior tc
the rebellion held any office, civil or military
under the United States, and has taken an off
cial oath to support the Constitution of the
United States. is subject to disqualification.
Vote unanimous.
9. Military officers of any State, prior to the
rebellion, are not subject to disqualification.
Vote unanimous, except Secretary of War
10. Municipal officers, that is to say, officers
of incorporated cities, towns and villages, sucl
as Mayors, Aldermen, Town Council, police
and other town or city officers, are not subject
to disqualification.
Vote unanimous.
IL. Persons who have, prior to the rebellion
been members of the Congress of the United
States, or members of the State Legislature
are subject to disqualification. But those who
have been members of conventions framing OF
amending the Constitution of a State prior to
to the rebellion, are not subject to disqualifi.
cation.
Vote unanimous.
II. All the executive or judicial officers OF
any State who took an oath to support the con-
stitution of the United States are subject to dis.
qualification, and in these include county Of
fcers, as to whom I made reservation in the
opinion heretofore given. After full consid-
Grafton, l have arrived at the conclusion that
they are subject to disqualification, if they are
required to take, as part Of their official oath,
the oath to support the constitution of the
United States.
Vote unanimous.
Is. Persons who exercised mere agencies OF
employments under State authority are not
Disqualified such as commissioners to lay out
roads, commissioners to lay out roads, com.
missioners of public works, visitors of State
institutions, directors of State banks or other
State institutions, examiners ofbanks, notaries
public, commissioners to take acknowledge.
ments of deeds, and lawyers.
Having specified what offices held by any one
prior to the rebellion come within the meaning
OF the law, is necessary next to set forth what
subsequent conduct FIXES upOn such Derson the