New-York tribune., 1867-05-27

Oort of the rebellion such 9s mennele VI tf Wv, -
Concrefs and rebel Conventions, u ~
C Conicdracy OF such other officials whose duties
more especially appertaned 70 ihe support OF he TOM
must he held come within tho terms OF exclusion
of'ce I'm the rebel States who during the rebellion
discharged official duties not incident 70 war
Snt an tho preservation of order and the the
Of law not to bc considered there
by engaging in rebellion. The interests OF humanity re
onire such officers for the performance OF such 0feia
conduct time OF war or nsrrection as wen az IN tne
of peac the performance OF such duties can never
be considered criminal cannot bring myself TO the
Conclusion that Congress could have meant that such
purely cv and necessary Offices involved the incumbent
In the guilt Of insurecton Nothing put ne GEM
auguHRe such az used III the test oath for awyefsi
could manifest such purpose The Supreme Court ia
IN which have alluded, uses this language L" The third
clause applies 10 the seeking acceptance or exercise not
only Of Offices created io the purpose on more cueca
carving hOsttes hu also of any OF those 0hces wc
are required IN every community, whether IN peace OF
war for the administration OF Jushee ana the feseV'n
of order" find no such purpose IN the use oI any oI l,
terms Of the act under consideration am accord
nCly Of the opinion that the holding OF slmp'
olioe other executive offices, OF such pubic employ
ents as are Of bnIely cYl ehaEaGe[ sn3 % as oonS
Offices, municipal Offices ana ~ Olhefs OF Ike nadt
which were not created for the purpose Of more ec,
ually carrying on hostilues anu WSn au lot ,t
the performance OF duhes expressly lh lHthotahoo o 10
Rebellion do not within the meaning OF this part OF tlc
Rebellion So much for Official participation 90"
recur 10 what amounts 10 -.1lNuu,! "a 20
arrive AZ the classes Of bclsons or oi ains aI,S
intended be cOmpiehehded IN the matter OF 'ne"bs
in rebellion we must aa|o auc iGSI ~ g t the
United states is COmprehondcd ~ inc late Fenel@Hn @
WI II
proper subject matter rebellion which EXTENDED over
IL states OF the Union involving more or lees mions o
their ueope continuing for more than four years ana
maintained by vast military authority, "mGh as 10 m az,
tho 81 peope for time, and 90 most Oh itIn uuiE
~ ~ PaHfi Goyernmcnt The Obligations OF allegiance
when thus separated from me Correspondence lbnIV' i
necessarily modified under such circumstances
The obligation ls less stringent Nud utt..n 80
norary on local insurlocOu Nor must We forget that
throughout Rebel states there were large classes o
their uopulatIOn less opposed 10 the rCbcloHs
Iuoyemcut and who yet more or less necessarily u
vo!ved in IN support, have already sald That the "
OF voluntary participation, aud ain satisfied hat tlese
considerations growing out Of nc nature of me i.cneo
Of voluntary uartic.p.ton when an instruction. by 5
o tjr,a,rSS i,uj Iowcr takes the form of Gc
lITs Z su6 dlrrat.GI.e undergo an Ee,lta-
authority when 10 again comes to place must ~ noas'
ugc accommodate lts actions 20 clCunsianGes @na cor
~ r,conizcd NV alI c!vzcd nations and has been os
TO the Gc fa,0 government established under
uslling monarch has been he'd 20 involve subject ~
fAc guilt of treason TO TIE Lawful! AM. GlF.H. dH3
weight 10 these Wen established principles, proceed
act done with the intent 20 iuihor the rebellion sneces
not sufficient The person applying FOR r'f.IIa,&Gh &
LOYALTY The meaning of Congress Lc!e becomes yet
evident when Vc .ooK 90 the asf clause 81 lhc PS
scbcd oath He j. required 10 swear that he vii ia'h.
fuy support the Constitution and obey tie laws OF the
United States and viii. 10 the best 0i his ability ccpur-
age others 10 do. Th- part OF the oath i- Lot oHcu
uaforv hut prom ssory II looks 90 The iut.ro ana
IN omit rs TO lie rrlt 20 vote TIE .Gual fca' on
arising from past d~l0yaty. Tut thr t,. cath as ds-
ALLEGATION from tie u lAt tO cEert sc 1'.c tlc t'
of common humanity aud charity cannot Ic considered
So too aIe forced contributions IS the Rch' aho, t,
or the compulsory payment of taxes u al 81 'h" kJ'l
the Rebel cause. f wOaid involve fht Ifl... ora n
,t,,riG ,r6rk G.0ual.t,f,r lud,l fls law VOLUNTARY
Cuutrihui u fuitLcrUuCc a. Nc Etrt Ton, or hn-
cf food or cotEinr or rcr,sarv .ur cs except
oi q strictly sanitary character "ic 10 n' t"--i WIN
The original rt contains ro provision asto thcWauncr
and time Tor holding tlc election for d,'g''s 90 ic
Convention. or for tLe fdt alton - tie Constitution
framed hy that Coyyoutioi or foi other paIo-,- Tae
i.trtion 81 the voter sha Doe W.d" h''o' il' .ti o
Fcntenber la7 Tic fourth and subsequent sections of
,,rt -. NAM, boa. ii. ~ r,.tr ~ may be- i,.s-ry
compete thG esIat.pu. tUut,lt o., ' tor. ana
make a return TO him Of the Vot,-. .ts % yot,r ana
of the votes cast 81 said o.'ct.oni aud upon
the persons elected 90 dccUcs according 60 the returns
OF The officers who conducted tHp election, ard MAKO
proclamation thcIeoi ana MAJOR ~ oi me vott fvc
on that question shall BE- FOR oCuycnfoa thC command
ing general within ~ days from me d"e oi si~ M
notify the delegates 70 a-scnh' d. '"ht t'ul , %, VT.
and place 10 De- mentioned 100 Tie uo'htat,n lid taic
visions Of ths act and the act % which q @ supp cucl
Constitution shah hc tu'hilth " lI, ,IN'.-DN iVi
20 the persons Tcg!stcr' under heproy-ios
or persons alpoL'tu Ii 'p u' HIlUH' y! H. ~ ~
iugGcncral hcrclubc'y.c provided and O. bc L'd aitr
Of notice thereof 10 Io rlv,n BY sad
Convention and the returns thereof shall J." made 90 thc
provides that ~ election n the states mentioned n the
said 10 provide FOR the more efficient goycurr' oi
De- by ballot ana al officers making the said registration
of voters and conducting said elections shall before ell
scribe the oath prescribed Dy ut hct "pprovch Juy 90
1862 entitled An act O prescribe an oath o office pro
and subscribe any oath n This act prescribed such person
offending ana being thus duly convicted shan De- sub
are provided for The punishment Of wlfui and corrupt
perjury" The only Oaths prescribed 10y hs act are the
and the taken by Tho persons composing no
Boards OF Regstmtion. The duties Of the Board arc:
to superinend the elections The hrst question Is
as 10 the dutie, and powers Of the Board "a
ton provides that the Commanding General shall
registration 10 be made Of the male citizens Of The United
county or parish IN the State Or states !ncinded
in his District, which registration shan include
for delegates by the act aforesaid and who
shall have taken and subscribed the following oath or
affirmation. BY this oath the person applying rog.s
tra0n must swear or affirm % every qualification pro
arises here il whether any other oath can be required Of
the person applying FOR registration or any oath be adj
to any other person OF persons touching The
qualification Of the applicants by the Board OF Rcgistra
ton The last clause Of tins hrst section provides fol-
Owf: which oath affirmation lee administered by
any registering officer" The oath here referred 10 Is the
oath be taken by the person applying for registration
have carefully examined all the provisions Of this act
and can nd authority for any other oath 10 be takch
BY any one touching the qualifications Of the applicant
Tor estration, but only s oath lam clearly oi opinion
that asy other oath touching the qualifications OF the
applicant would he extra judicial and without authority
aud that false swearing could not be assigned A. perjury
upon such Unauthorized OATH especially as 10 tho provis0
to the sixth section above quoted which declares what
false swearing shall amount to- Perjury IL expressly
limited 70 any oath In this act prescribed In arriving a
this conclusion have given due weight 20 that part Of
the first section OF this act which declares the registration
shall include only those persoDs who qualified 70 vote
~ hn lnI md ln