The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-06-22


:francsemcnt here meant, is that which: i: :as:
-cared by law passed by competent authority,
or which has been fixed upon the criminal:by
tho sentence of the court which tried hiin for
the crime SCI ~
No law of the United States has declared
the penalty of disfranchisemcnt for participa-
tion i'll rebellion alone. Nor is it known that
any such law oxistse in either of these ten
States, except perhaps Virginia, as to which
State special instructions will be given. ~
z. rs to diyrdaclttscncnf orisiay from, Anc-
ing h"a e0icc follo,rces. 4y participation in re-
Lci2ion
This is the most important part of the oaths,
meaning. l deem it proper to give the cxact
words. The applicant must swear or affirm as
follows:
"'That l never have been a member of any
State Legislature, nor held any executive or ju-
dicial Office in any State, and afterwards chi
gagged in an iilsurrection or rebellion against
the United States, or given aid or. comfort to
the enemies thereof; that have never taken
an oath as member of Congress- of the United
States, or MS an officer of the United States, or
as a member of any State Legislature or as an
executive or judicial officer of any State, to
support the Constitution of the United States,
and afterwards engaged III insurrcction or re-
bclli"n against the United States, or given aid
or comfort to the enemies thereof"
Two elements must concur iii order to dis
qualify a person under these clauses: First
the Office and official oath to support the Con
stitution Of the United States: .Second, cnyag-
ing afterwards in rebellion. Both must exist
to work disqualification and must happen in
the orlcr Of time mentioned. -
A person who has held an Office and taken
the oath to support the Federal Constitution
and has not afterwards engaged in rebellion, is
not disqualified. So. too, "a person who has
engaged i'll rebellion, but has not before held
an Office and taken that oath. is not disqnali-
fed
| s. Officers Of Mr tnHe.l ,Stutcs.
AS to these the language is without linlita-
ton Tho person who has atsuny time prior to
he rebellion held any Office civil or military.
under tho United States. and has taken an
official oath to support the Constitution of the
lnterl States, is subject to disqualification.
o. -N7"u.y .0icrrs of am. State prior to the
rchcllon arc not subject tn disqualification,
TO- IN""~I" cdiccrs, that is to say. officers
of Incorporated cities, towns and villages. such
IS mayors, aldcrmc:,, tow, council policc and
other city Or town officers, arc NO: subject to
disqualification.
IL. Persons who have. prior To tho rybel-
lion. hccn members OF tho Congress If the
United States. or members Of State Ecsisi,-
lure, are subject to disqualification. Eut these
WHO have been mcHbcrs of conventions franz
| !::;- or amending the constitution of "a State
prior to the rebellion nrc not subject to- Dis
'if:a,!vn.
II. All tic executive or judicial officers q.
any State who took an n"th to support the
Constitution Of the United States. are subject
to disqualification, and in these include coun-
ty officers as to whom l,atle reservation in
the opinion heretofore given Aftcr f,all con-
| sldcratiun have arrived ut the conclusion that
they arc subject tn disqualification, if they
were required to take as part Of their official
oath, Mr ooM II supp"rt Mc CoMsti'atioM ", hs
tnHcI .Siut~
Il. Persons who exercised mere agencies or
employmcnts under State authority arc not
disqualified: such as commissioners to lay out
roads, commissioners Of public works, visitors
of State institutions, directors of State banks
or other State institutions examiners of banks.
nbtarcs public, commissioners to tako acknowl:
cdgmcnts Of deeds. and lawyers
E%@..G.Ei IN REBELLION.
Having specified what Offices held by any
ono prior to tic rebellion, come within the
meaning of the law, it is necessary next to set
forth what subsequent conduct fixes upon such
person the offender of engaging in the rebel
lion. | repeat, that two things must exist as
to any pcrs.n, to disquality him fronl-voting:
First, the Office held prior to the rebellion, and
afterwards, participation in the rebellion.
If. An act to fix upon a person the offence
of engaging in rebellion under this Inv, must
be an overt and voluntary act, done with the
intent of aiding or turthcring the common I'M