Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15

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afdsf ADD administrator NJ lsNl afe NJ
IN te sunsidsfsl a. ihsfsiy ehraaihf In
fsbslllan. Tho Interests N humahiiy ~.
aulfe such officers ~ performances N sueh
6helal conduct In line NJ war M insuffeo'
tion, ~ well ~ IN time N peace, and per-
formanee ~ such dulles can never b. oun'
sldefed criminal. I cant bring mysclf IN
the conclusion that Congress could have
meant that such purely oivil.and necessary
Offices involved The incumbent In guilt NJ
| insnrreotion Noih'ug but the most cogeni
language. such as was used IN the test oath
for lawyers, could manifest such purpose,
/ The supreme Court, In constituting that tost
oath, aud IN reference 10 the ola use 10 which
have alluded, uses This language. The
third clause applies 10 the seeking accept.
anoe or exercise, not only OF Offices created
/ for the purpose OF moro eiieeiualiy carrying
on hostlilics, hut also of any Of these Of
/ fees which are required In every commune
| ity, whether in pence or war for the adj
minisirnlon of Justice and preservation NJ
order. find no such purpose in the use of
any Of the terms of the act now under con-
sideration. am accordingly Of opinion
that holding simply judicial office, or other
executive Office or public employmenls, as
nre purely civil in character, such rs eoun-
\ ~ offices, municipal off ;es, and oil others
of like nature, which were not created
for the purpose of more eilcctually carrying
ON hostilitics, and which did not involve
the performance of duties expressly in fur
therance Of rebellion, do not come within
the meaning of this part of the oath, fixing
on the incumbent the guilt Of engaging In
the rebellion. So much for the parlicipa-
| ton Of officials. We now reGur TO what
amounts 10 individual participation in the
rebellion, in the attempt to arrive at class
cs of parsons or Of acts Intended TO bec0m-
| pretended in the matter Of engaging in re-
belliou, We must have due regard 10 the
subject matter undoubtedly; although eve
nv rebellion against tho United States Is
comprehcndcd, il is the late rebellion,
which almost, If not altogether, can be
said to be proper subject matter. A rebel
lion which extended to ovcreloyen States
of the Union, involving millions of their
people, continuing for morethan four years,
maintained by vast military authority,
which as to all those people, for time,
! and MS to most of them during its contin-
uace, excluded them from protection under
the laws of the Government, the obligation
of allegiance, when thus separated from the
corresponding rigft Of protection AMI the
breach of that allegiance, is necessarily
modified under such circumstances. me oO-
legation is less stringent and brecch OF
obligation less reprehensible than cases OF
temporary and local instruction, nor must
we forget that throughout these rebel States,
there were large classes Of their population
more or less opposed to the rebellious move
ment, and who are yet more or less necessa-
rily involved in its support. have already
said that the language used in this act as
to participation causes the idea of volunta-
ry participation, and l am satisfied that
these considerations, growing out OF the
nature of the rebellion, induced Congress
to use the word "engage" in the sense Of
voluntary participation. When al in
surrecton, by its continuation and power,
takes the form Of a de. fdcto Government and
prescribes and enforces laws over people
within its territory, indiyidualrights and
obligations, undergo an inevitable modifl-
cation, and the rightful and displaced au-
thOrity, when it again comes into place,
must in O measure, accommodate Its action
to circumsta noes and consider many things
as rightfully done which, in q mere insurrec-
ton, would have nocolor Of legality. This
principle is recognized by all civilized ma
lions, has been specially enforced in Eng
land by Statute and by decisions Of court as
early as the reign of Henry VII. Obedi-
ence to the de facto government established
under usurping monarch has been held
not to involve q subject in the guilt of trea-
son to the lawful king Giving due
weight 10 those well established principles,
1 proceed with the inquiry. am Of
opiui that some direct overt act, done
with intent to further the rebellion, is nee
essary to bring party within the purview
of this law. Merely diBloyal sentiments
O. expressions are not sufiCieI.S. The per
son apply ing for regis ration is not requir
ed to clear himself from the faint Of disloy-
atty. The meaning of Congress here be-
comes more evident when we look at the
last clause of the prescribed oath. He is
required to swear that he will faithfully sup.
port the Constitution and obey the laws OF
the United States, and will to the best OF
his ability encourage others so to do, which
part of the oath is not excqlpatory, but
promissory-it looks to the future and not
to the past, and tie purpose is here mani
fest to omit as the right to vote The disqual-
ification arising from past disloynlty put
in the test oath rs disqualification from
the right to exercise office. Mere acts of
common humanity and charity, cannot be
considered as involving the party in partic-
nation in rebellion. SO too, are forced
contributions by the rebel authorities or the
compulsive payment Of taxes, in aid Of the
rebel cause But wherever an act is done
voluntarily in aid of the rebel cause, it
would involve the person, and it must work
disqualification under this law. Volunta-
nv contributions in furtherancc of rebellion
or subscriptions to the rebel loan, and even
organized contributions of God or clothing,
or necessary supplies except Of strictly
sanitary character, are to be classed with
acts which disqualify the Boards Of Regis
tration. The original act contains no pro-
vision as to the manner and time for hold
ing an election of delegates to convention
OF Quiet PURPOSES. fIiot ecS'iep VI SuPPi'
mental act provides that as registration of
voters shall lie made before the LIST Septem-
Der, 1867, the fourth and subsequent Sec
tons provide for means by which this reg
istration is to be effected. The command
ing General is directed to appoint as many
boards of registration as may be necessary,
consisting of three legal officers or persons
to make and complete the registration, su-
perintend the election, and make return to
him of the votes, lists of voters, and per-
sons elected as delegates by q plurality of
votes cast, and aid election and upon re-
ceiving said returns he shall open the same
and ascertain the persons elected rs dele
gates, according to the returns of the Off
GERS who conducted said election, and make
proclamation thereof; and if majority of
the votes given on t,at question shall be for
a convention, the Commanding General,
within sixty days from the date of.the cleo
ton, shall notify the delegates to assemble
in convention at a time and place to be
mentioned in the notification and
said convention, when organized
shall proceed TO frame constitution
and civil government, according to the pro
visions of this act and the act to which it
is supplementary, and when the came shall
have been so framed, said cons tuition shall