Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1867-06-25
work disqualification, and must happen in the
order of time mentioned

the oath to support the Federal Constitution
and has not afterwards engaged in rebellion, is
not disqualified So, too, person who has
engaged in rebellion, but has not Heretofore
held an office and taken that OATH is not dis
qualified.
s. Officers ofthe United States.
As to these the language is without limita-
ton. The person who has at any time prior to
the rebellion held any office, civil or military,
under the United States, and has taken an Of
fetal 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.
TO- Municipal Officers, that is to say, officers
of Incorporated cltles towns, and villages, such
as mayors, aldermen, town council, police, and
other city or town officers, are not subject to
disqualification.
Ii. 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.
r. 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
disqualification and in these | include county
officers, as to whom | made a reservation in the
opinion heretofore given. After full consider
alton | have arrived at the conclusion, that they
are subject to disqualification, if they were re-
quired to take as part of their official oath,
the oath to support the Constitution of the Uni-
ted States t.
l3. Persons who exercised mere agencies or
employments under State authority, are not
Disqualified 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,
notaries public, commissioners to take acknowl-
edgement of deeds and lawyers.
.S ENGAGING IN REBELLION.
Having specified what offices held by any one
prior to the rebellion, come within the mean
ing of the law, it is necessary next to set forth
what subsequent conduct fixes upon such per-
son the offence of engaging in rebellion. / re-
peat, that two things must exist as to any per-
son, to disqualify him from voting: first, the
office held prior to the rebellion, and after
wards, participation in the rebellion.
IA. An act to fix upon person the offence
of engaging in rebellion under this law, must be
an overt and voluntary act, done with the in
tent of aiding or furthering the common unlaw.
full purpose A person forced into the rebel
service by conscription, or under paramount
authority which he could not safely disobey
and who would not have entered such service
if left to the free exercise Of his own WILL can
not be held to be disqualified from voting.
Is. Mere acts of charity, where the intent is
to relieve the wants of the object Of such char
ity, and not done in aid of the cause in which
he may have been engaged do not disqualify.
But organized contributions of food and cloth
ing for the general relief Of persons engaged in
the rebellion, and not Of merely sanitary char
acter, but contributed to enable them to per-
form their unlawful object, may be classed with
acts which do disqualifY.
Forced contributions to the rebel cause, in
the form of taxes or military assessments, which
person may be compelled to pay or contribute,
do not disquaify. But voluntary contributions
to the rebel cause, even such indirect contribu-
tions as 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, will work disqualification.
l6. All those who, in legislative or other Of
fetal capacity were engaged in the furtherance
Of the common unlawful purpose, where the
duties of the Office necessarily had relation to
the support of the rebellion, such as members
Of the rebel conventions, congresses, and legis-
latures, diplomatic agents of the rebel confed-
eracy, and other officials whose Offices were Gre
ated for the purpose of more efectually carry
ing on hostilities, or whose duties appertained
to the support of the rebel cause, must be held
to be disqualified
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 In rebel
lion or as disqualified. Disloyal sentiments,
opinions or sympathies would not disqualify,
but where person has by speech or by wri-
ting, inclted others to engage in rebellion, he
must come under the disqualification.
II. The duties ef the 5oeaya appointed to s't-
perintend the elections.
This board, having the custody of the list of
registered voters in the district for which it is
constituted, must see that the name of the per-
son offering to vote is found upon the registra-
tion list, and if such proves to be the fact it is
the duty of the board to receive his vote. They
cannot receive the vote of any person whose
name is not upon the list, though he may be
ready to take the registration oath, and al
though he may satisfy them that he was unable
to have his name registered at the proper time,
in consequence of absence, sickness or other
cause ~
The board cannot enter into any enquiry as
to the qualifications Of any person whose name
is not on the list, or as to the qualifications OF
any person whose name is on the list.
IS. The mode of uOtang is provided In the
act to be By balot. The board will keep a
record and poll book of the election, showing
the votes, list Of voters, and the persons elected
by plurality Of the votes cast at the election,
and make returns of these to the commanding
General of the district
49, The board appointed for registration and
for experimenting the elections, must take the
oath prescribed by the act of Congress-, ap-
proved July 2, 1862, entitled, 'sAn act to pre-
scribe an oath of Office. -
| have the honor to be, with great respect,
HENRY STANBERY,
ATTORNEY General.