The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-03-29
Dfsfranchisemcnt for Participation In the
Rebellion.

OBSERVATION-DISCLOSURES HUE A4A t1AO
Rebellion.
The following from tho Richmond Examiner Of
Tuesday contains somo corrections that apply to
South Carolina, MS they do to Virginia.
The-folowing is an extract from the last veto
message of the President:
'No one can lie registered according to the
OF ginal act, who may be disfranchsed for partl-
cipation in the rebellion provision which LETT
undetermined the question as to what amounted
to Acknowledgement, and whether, without judi
cial sentence, the act itself produced tnat effect
This Supplemental Bill superadds an oath, to be
taken by before his can 20 aa
DISTINGUISHED tor participation IN any rebellion or
civil war against the United States
1T thus imposes upon every person tho neces-
sity and responsibility of deciding for himself, un-
sion, if he makes q mistake, what works disfran-
chisement by participation III rebellion, and what
amounts to such participation. Almost every
man-the negro as well as the white-aboye twen-
States during tho rebellion voluntarily or involun-
talily, at some time and in sone way did partici-
pate in resistance to tie lawful authority OF the
general government. The question with the cti-
zen to whom this oath must re proposed must be
O. fearful ono for while the Bill does not declare
that perjury may bo assigned for such false swear
ing nor fix any penalty for the offence, must
not forget that martial law prevails that every
person is answerable to military commission,
without previous presentmont by grand jury for
that the supreme authority of the military COM
mander determines tho question as to what is an
offence, and what is to be the measure Of punish
| mont"
This opens question of the highest interest to
| our people. We are persuaded that the President
enormously const1ues tho low in the above seE-
| tences.
If, as tho President seems to think, Congress de-
signed to dsfranchise all who participated in tho
| rebellion, the oath would have been differently
framed The aihant would have been called on to
swear that he had not participated in rebellion
not that he was not dsflanchised for such partlc-
patton. Disfranchisenlont is substantive act.
It is the taking away of legal right heretofore
existing, and must be effected by law. In several
of the States laws have been passed dlsfranchsing
for participation in the rebellion. Nowhere can
disfranchisement be effected without law.
Now, no State law DISTINGUISHES any one in Vir-
einia for participation in rebellion. This should
end the question il the Constitution of the United
Statos existed which guarantees to States the con-
troll OF suffrage. But under the new dispcnsation
we have further to ask Has Congress disfran-
chised any citizen tor participation in rebellion
We answer yes.
The 5th and 9Th sections Of the Sherman Bill de-
clares that no person shall bo entitled to vote in
any election under tho provisional governments,
or in the elections for convention, who is excud-
ed from holding Office by the proposed XIVth
amendment to the Constitution-that is to say
tno person, who having previously taken an oath
as q member OF Congress-. or as an officer OF the
United States, or as a member Of any State Legis.
lature, or as an executive or judicial officer of any
State, to support tho Constitution Of the United
States, shall have engaged in insurrection or re-
belion againt the same, or given aid and comfort tt
the enemies thereof"
These are the only persons DISTINGUISHED in Vir
ginia for participating in the rebellion.
We regard the mistake Of tho President on thi'
point, though very exclsablc, equally manifest.
We repeat, every citizen of Virginia, of wllateve
color OF previous condition, who is twenty-ou,
years of aye, may and should be registered VIII,
was never disfranchsed by law for felony, nor dis
franchished by law for participation in the rebel
, lion, and who will swear allegiance.
, And we do repea, that no man is by law diaf1an
chised in Virginia for participation in the rebellion
except persons who held State offices or Federu
Offices before tho war; and afterwards engaged il
rebellion.