Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-08
Letter from Hon. Ben. H. Epperson

In answer to the numerous inquiries
which have been addressed TO me since my
return from Washington, rs 10 who are dis
flanehised by the recent military acts OF
Congress as one who has been honored by
ihe confidence of the people Of the ii con-
gressional district, feel il my duty 10 res
pond, and now submit, through you, to all
who feel any interest in knowing my views
the following;
As all the citizens Of this State who are
not DISTINGUISHED, viii soon he called upon
TO register themselves MS voters, prclimina.
ny TO n reorganization of the State govern
ment, IL Is important to know who are dis
sranchised aud who are entitled to be regis
tered as voters. A careful consideration of
Tho law satisfies me that far less number
is disiranchisod than is usually supposed.
This law, as all other such laws have al
ways been, must be strictly construed, and
the benefit of all doubts must be given
against 1t, and in favor of the citizen. But
in the views submit, / : all not feel il ne.
'cessary TO avail myself of this universally
recognized principal, when penal statutes
are 10 be con sil ucd, hut let il only he con-
dcded, that it is TO be construed ms other
statutes, and that where the words used in
il have been defined by judicial decisions
which have been for years and in some in
stances for ages, been acquicsccd in, they
shall be taken TO have been used in such
sense. In other words, where there is any
doubt in regard to the meaning of the words
orphrases used in the law, let us rcferto, and
be governed by, the decisions of the Courts
of the United States and England, as re-
CARDS their meaning.
The 9th section Of the military act pro-
vides that convention shall be called to
form n constitution for the State, and de-
'carcs who shall be entitled TO vote for del
egates to it, or be eligible MS such, and who
shall not he. II provides that the delegates
shall be elected by the male citizens of the
State, over the age Of II years, who have
been residents of the State one year pre-
Vious to the day of election without regard
to color, race or previous condition, and
-scho hare not been d%fr0nchiscd for particjpa.
ton in tie rebellion, or for felony, &c.
" Disfranchisemen for participating in
the rebellion as used in this conn ection,
effects only those who have been deprived
of their political rights, by some State le-
gsaton, as was done in Tennessee and
Missouri. There has been no such legisla-
ton in Texas, and need not refer further
to this clause.
The same section of the military act pro-
yides that no person shall vote for delegates
to the convention nor be eligible to it, nor
hold anv office state or federal who is dis.
franchised by the third section of the pro-
posed amendment to the constitution of the
United States. which is to he the 18th Arti-
cle This is sreally the disfranchsement
part of the act. And to ascertain its mean
ing We must refer TO the said Sd section
That provides that no officer of the United
Estates or of any State, executive legis a.
Htive or judicial. rho. as such. has taken an
"oath to support the constitution of the
"United States, and afteryoy1s engaged in
"rebelkioa ogainSt it, shall be elepible TO any
"office, state or federal provided. Congress-
.smay, by tvo.third vote, remove this dis
liability"
What does an Office. executive. Ieqislatiye
or judicial, of the United States, or of any
state, mean? You may have taken an oath
TO support the constitution of the United
States, and afterwards engaged in the re-
bellion, and not be DISTINGUISHED unless
You took it as such IN oiiicer-that is, a S an
executive, legislative or judicial officer of
the United States, or of some state. You
may have engaged in the rebellion from be-
ginning to the end, brit unless YOU had pre-
yiously, as such officer. taken an path to sun
port the constitution of the United States,
YOU are not disfrancbised.
The Governor and Lieut.. Governor are
executive officers of the State; the members
of Congress and of the Legislatures are
legislative officers; tie Judges of the United
States Courts and of the Supreme and
District Courts of lhe Stale are judicial
officers of the State. The Commissioner of
the General Land Office. the Secretary of
State, Attorney General, District Attorneys,
Comptroller, and Treasurer of the State,
are officers of the State and come under
enc or the other of the heads. and ore dis
franchised. But not so with county Judges,
iudpes of probate courts chief insfices of
counties. clerks of the district and countv
courts. sherjffs. constables. justices of the
pesce. coroners. commissioners of the conn
ty courts, notaries public, &C.; these are
not State officers in the proper acceptation
of the term, they are county officers with
local and municipal jurisdiction, and we're
not intended to be DISTINGUISHED by the
military act referred to, and fair con-
struction of its language does not dsfran-.
chise such-even though they had taken the
oath to support the constitution of the Uni
ted States and did afterwards engage in
the rebellion.
Another important erauiry is, what is
the meaning of the words engaged in the
rebellion 2" The meaning of this is. en-
gagged in actual fighting for it, or executing
its laws. The only test is whether Won
have done any act which subjects you under
the laws of the United States to be indicted
and convicted for treason. You may have
been member of the secession convention
advocated and voted for secession, youma
have contributed money to arm and equip
those pho Were fghting you may have sup
piled them with munitions of var, you may
have entertained andfed the soldiers of the
Confederacy-yet none Of these acts, nor
all of them combined, are such as you could
be prosecuted for as acts Of treason against
the onl,eu sues, anu therefore, 40 moi
cons.ltu.e suon oHences as ulsiranchlse you
VI uisquaiiiy 9ou run sis'eiing rs 'o'ers'
In this connection 1t is proper to enquire