The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-17

deem it proper to give the exact words. The Hppl-
cant must swear or affirm as follows.
11hat have never been a member Of any State
Legislature, nor held any executive or judicial
ofice in any State, and afterwards Engaged IN an
insurreotion or rebelliop against the United States
given aid or comfort 10 the enemies thereof; that
have never taken an oath as member Of Oon-
gress of the United States, OF as an officer Of the
United States, or as q member OF any state Legis-
leture, an executive OF judicial othcer OF any
Stale, to support the Constitution OF the United
Statee, and afterwards engaged in insurrection or
rebellion against the United States, OF given aid or
comfortNto the enemies thereof"
Two eIepents must concur in order TO disqualify
person un6er these clauses: First the ONCE and
9cai oath sgPP9rt the 30Ssssns9n asr 81 'Ie ne
rebellion. Both must exist 60 work disqualified
tion, and must happen12 the order OF time men
toned. -, ~,
A person who has held an and taken the
oath to support the Federal CONS tuition ana mas
not afterwards engaged in rebellons not dlsquali-
fed. So, too, person who has engag6d. in rebel
lion, but has not heretofore held an oSlee ana
taken that oath Is not disqualified.
s. O1icers Of the United States.
As TO these the language is without Limitation.
The person who has at any time prior to the rebel
United States, and has taken an official oath to
support the Constitution Of the United States, Is
subject TO disqualification.
o. military officers of any State, prior to the re-
belion, are not subject to disqualification.
10. Municipal officers, that is 70 say, officers of
Incorporated cities, towns and villages, such as
mayors, aldermen, town Gil, police, and other
cito or town officers, are not subject to disquafi-
H. Persons who have, prior to the rebellion,
been members of the Congress of the United States,
or members of a State Legislature, are subject to
disqualification. But those who have been mem-
bers Of conventions framing or amending the con-
stitution Of State, prior to the rebellion, are not
subject 10 disqualification.
~. All the executive or judicial officers of any
State who took an oath to support the Oonsutn-
tion of the United States subject to disqualih
cation and in these include county officers, as to
whom made reservation In the opinion hereto
fore given. After full consideration, have ar
rived at the conclusion that they are subject to
disqualification, II they were reqpired to take as
part of their official OATH the oath to support the
Constitution OF the United States.
10, Persons who exercised mere agencies or en-
ployments under State authority are not dsqu uali-
missioners Of public works. visitors of State insti-
tutions, directors of State banks or other State in
stitutons, examiners Of banks, notaries public
commissioners to take Acknowledgements of deeds
ENGAGING IN REBELLION.
Having specified what offices held by any one
prior to the rebellion come within the meaning of
the law, 1t is necessary next to set forth what sub
sequent conduct fixes upon such person the offence
of engaging in rebellion. repeat that two things
must exist as to any person to disqualify him from
voting: first the office held prior to the rebellion,
and afterwards, participation IN the rebellion.
ID. An act to fix upon person the offence Of en-
gaging in rebellion under this law must be an
overt and voii"niarY aet done with the intent Of
aiding or furthering the common unlawful pur-
pose. a person forced into the rebel service by
CONSUMPTION, or under a 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, cannot be held 10 be dis
15 Mere acts Of charity, where the intent is to
relleYe the wants of the object OF such charity
and not done in aid OF the cause in which he may
have been engaged, do not disquallfy. But organ
lied contributions of food and clothing for the
general relief of persons engaged in the rebellion,
| and not of merely sanitary character, but con:
trbuted to enable them to perform their unlawful
| object, may be classed with acts which do dis
| qualify,
form OF taxes or military assessments, which per-
son may be compelled to pay or contribute, do not
Afeon nolf nnf wynln nnfo IN
rebel cause, even such indirect contributions as
| arise from the voluntary loan of money to rebel
authorities, purchase of bonds or securities Gre
ated to afford the means of carrying on the rebel
lion, will work disqualification.
49, All those who, in legislative or other official
capacity, were engaged in the furtherance of the
common unlawful purpose, where the duties Of the
rebellion, such as members of the rebel conven-
uons, congresses and legislatures, diplomatic
whose offices were created for the purpose of more
etfectually carrying hostiliues, whose duties
appertaned 10 the support OF the rebel cause, must
| be held to be disqualified.
But officers who, during the rebellion, discharged
official duties not incident TO war, bat only such
duties as belong even TO state of peace, and were
necessary to the preservation of order and the ad
ministration of law, are not to be considered as
thereby engaging in rebellion, or disqualified.
| Disloyal sentiments, opinions, sympathies
| would not disqualify, but where person has, by
speech or by writing, melted others TO engage in
rebellion, he must come under the disqualification.
H. The duties OF the board appointed to superin-
| tend the elections.
registered voters in the district for which 1t is
stuted must see that the name of the person offer
ing to vote is found upon the registration 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 regisra-
ton oath, and although 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 inquiry as to
the qualifications of any person whose name is not
nn he iot Or aa n ha nf
| son whose name is on the list.
Is. The mode of voting is provided in the act to be
by ballot. The board will keep 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.
10. The board appointed for registration and for
experimenting the elections, must take the oath
prescribed by the act of Congress- approved Juiv
2, 1862, entitled, can act to prescribe oath OF
Office"
have the honor to be, with great respect,
. HENRY STRAWBERRY,