The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-29

49,. nnrnose of promoting rebellion, may well
IL lid in the meaning of this law, TO have
ENGAGED in rebellion. All persons VINO du-
ring the rebellion acted IN an Official capael-
~ where the duties of office necessarily had
relation to the support of the rebelhon' sucn
a. members of rebel legislatures ana
rabeI congress, and rebel conventions, dlplo-
matte agents of rebel contederacy, OF suGh
other officials whose duties more especially
appertained to the support OF the rebel cause
nnSt be held to come within the terms VI
exclusion Officers in those rebel states
who. during rebellion discharged ofhclal
dntias not incident to war, but IN preserNa-
ZION of order and administration OF law, are
not TO be considered as thereby engaging IN
rebellion The interests OF humanity re-
,,,;re such official conduct in time OF war or
Resurrection, as Well as in time of peace ana
performance of such duties can never be
Considered criminal. can't bring myself TO
the conclusion that Congress could nave
meant that such purely civil and necessary
offices involved the incumbent IN CUNT OF
instruction. Nothing but the most coSenI
Ianouape such as was used IN the test oath
for oU-yers. could manifest such purpose
The supreme Court, in constituting that test
10Th and in reference to the clause TO Whlch
I have alluded, uses tins language Inc
third clause applies to the seeking accept
ance. or exercise not only OF ofnces created
For the nurnose of more efectually carrying
those offices which are required III every
community. whether in peace or war, 1of
the administration of Justice ana preserNa-
tion of order find no such purpose III the
use of any of the terms OF the act now uheet
consideration. | am accordingly OF OPINION
that holding simply Judicial Once, OF other
executive office or public employments, as
are purely civil in characser, such as county
offices, municipal offices, and all others OF
iLo nature, which ~-eie not "'s':'N' ioA -, ~
nurpose of more etfectualiy carrying on nos
tilities. and which did not involve the per-
formance of duties expressly in furtherance
of rebellion, do not come within the mean
mo of this part of the OATH fixing on the
incumbent the guilt of engaging IN the re-
bellion So much for the participation OF
officials We now recur TO what amounts 10
individual participation IN the rebellion III
the attempt to arrive at classes OF persons
or of acts intended to be comprehended IN
the matter of engaging in rebellion. We
must have due regard for the subject matter
undoubtedly; although every rebelllon
against the United States is comprehended,
it is the late rebellion, which almost, II not
altogether. can be said to he proper subject
matter A rebellion which extended over
eleven States in the Union, involving more
or less millions of their people, continuing
for more than four years, maintained by q
vast military authority, which, as to all
those people for a time, and as to most OF
them during its continuance, excluded them
from a protection under the laws OF the
Government, the obligation of allegiance,
when thus separated from the corresponding
right of protection and the breach of that
allegiance, is necessarily modified under
such circumstance The obligation is less
stringent and breach of obligation less re-
! preheusible than cases of temporary and
| local Instruction, nor must we forget that
! throughout these rebel States there We're
large classes of their population more or less
! opposed to the rebelliouS movement, and
! who are yet more or less necessarily involved
| in its support l have already said that the
! language used in this act as to participa-
| ton causes the idea of voluntary participa-
| ton and am satisfied that these considera-
| tions, growing out of the nature of the re-
bellion, induced Congress to use the word
! "eneaUe" in the sense of voluntary partici-
patton. When an Instruction by Its con-
! tinuatiOn and power, takes the form of de
! fdc'O Government, and prescrlbes and en-
/ forces laws over people within the territory
! individual rights and obligations undergo
! an inevitable modification, and the rightful
and displaced authority, when 1t again
| comes into place, must in a measure accom-
modate its action to circumstances, and con-
slider many things as righttnliy done which
] in a mere Instruction, would have no color
! of legality This principle is recognized by
1 all civilized nations, mas been especially Gu
| forced in England, by statute and by de-
csions of court as early as the reign of Henry
| VII. Obedience to the de tdct0 government
established under a usurping monarch has
| been heeu held not to involve a subject IN
the guilt of treason to the lawful king.
| Giving due weight to these well established
| principles, | proceed with the inquiry l
am of opinion that some direct overt act,
done with the intent to further the rebellion,
| is necessary to bring the party within the
purview and meaning of this law. Merely
! al val - nf nN AGGIn 70 not
sufficient. The person applying for registTa-
/ ton is not required to clear himself from the
! faint of disloyalty. The meaning of Con
| gress here becomes yet more evident when
we look at the last clause of the prescribed
! oath. He is required to swear that he ''will
| faithfully support 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 ex-
culpatory but promissOry-it looks to the
! future and not to the past, and the purpose
/ is here manifest to omit as the right to vote
! the disqualification arising from past dis
loyalty put i'll the test oath a disqualified
| ton from the right to exercise office. Mere
/ acts of common humanity and charity can
not be considered as involving the party
| in participation in rebellion; so, too, are
| forced contributions by the rebel authorities,
| or the compulsory 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 Voluntary
contributions i'll furtherance of the rebel
| lion, or subscriptions TO the rebel loans, and
even organized contributions of food or
clothing or necessary supplies, except of a
/ strictly sanitary character are to be classed
with acts which disqualify the Boards of
Registration. The original act contains no
provision as to the manner and time for
holding an election of delegates to a con-
vention or other purposes. First sec
ton of supplemental act provides that
as registration of voters shall be
made before the LIST September, 1867, the
| fourth and subsequent sections provide for
means by which this registration is to be
effected The commanding general is di-
| rected to appoint as many boards of regis
! tratlon as may be necessary, consisting of
/ three loyal officers or persons, to make and
complete the registration, superintend the
election, and make return to him of the
votes lists of voters, and of persons elected
as delegates by plurality of votes cast. and
aid election; and upon receiving said re-
turns he shall open the same and ascertain
the persons elected as delegates, according
to the returns of the officers who conducted