The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-06-05

must have engaged in Instruction O
rebellion against the United States o.
given aid and comfort to the enemies
thereof" The Attorney General pro
ceeds to define,
III. What it is to engage in rebellio!
, OF give aid and comfort to the enemy
He considers the words "aid and com
. fort" applicable to foreign enemies on
FLY, and that while the clause may dis
franchise traitors of the war of 1912 OF
ls47, it cannot operate upon those who
participated in the late Southern war
On this question we differ from thu
Attorney General. He has given the
usual Interpretation ofthe Courts to The
words, but it should be remembered
that the late bill is not defining what
constitutes treason, but stating certain
supposed crimes which, in the opinion
of Congress, should forfeit certain
rights. The whole Act was formed
solely with reference to the late South.
ern war, and following the usual rule
Of Interpretation by reference to sur
rounding circumstances, it is clear that
the enemies alluded to are the enemies
of the United States in the late war;
But while the Attorney General has
restricted the meaning of the words
laid and comfort" he has enlarged
"engaging in rebellion" to embrace
many Of those who were evidently in
tended by the former words, viz: those
who, though they did not actually take
up arms, yet rendered substantial ser
vice to the Confederate cause. Hear
him:
All persons who during the rebellion ac-
ted in an official capacity, where tue duties
Of Office necessarily had relation to the sup
port of the rebellion, such as members of
rebel legislatures and rebel congress and
rebel conventions, diplomatic agents of
rebel contederacy, or such other officials
whose duties more specially appertained
to the support of the rebel cause must be
held to come within terms of exclusion.
Officers in those rebel States who, during
rebellion, discharged official duties not in
cident to war, but in preservation of order
and administration OF law, are not to be
considered as thereby engaging in rebel
lion. The interest Of humanity require
such officers for performance of such official
conduct in time of war or instruction, as
well as in time of peace, and performance
OF such duties can never be considered
criminal. ! can't bring myself to the con-
cluslon that Congress could have meant
that such purely civil and necessary offices
involved the incumbent in guilt of insur-
rection. Nothing but the most cogent Ian
guage, such as was used in the test oath
for lawyers, could manifest such purpose.
The Supreme Court, in constituting that test
oath, and in reference to the clause to
which | have alluded, uses this language
The third clause applies to the seeking, &C
ceptance, OF exercise, not only of offices |
created for the purpose of more effectually
carrying on hostilities, but also of any Of
those offices which are required in eyery
community, whether in peace or war, for
the administration of justice and preserya.
ton OF order. find no such purpose in
the use of any of the terms of the act now
under consideration. I am accordingly Of
opinion that holding simply judicial office,
or other executive Office, or public employ.
ments, as are purely civil in character
such as country Offices, municipal Offices,
ana all Others Of like nature, which were
not created for the purpose of more effect.
uaiiy carrying on hostilities, and which did
not involve the performance of duties OK.
pressly IN furtherance of rebellion, do not
come Within the meaning of this part of the
oath, liking on the incumbent the guilt of
engaging in the rebellion.
1t must not be understood from this
that the holding of Confederate Offices,
Or State offices during the Confederacy,
Of itself works a disqualification, but
the holding of them after having filed
the prohibited Offices, and taking the
bath OF allegiance before the war.
But in our Interpretation of the
words laid and comfort" many months
ago we contended that private invidu-
Ills, who had not actually taken up arms
could be disqualified. It will be seen
rom the following extract that the At
;orney General agrees with us:
am of opinion that some direct overt
lct, done with the intent to further the
necessary to bring the party |
within the purview and meaning of this ,
aw. Merely disloyal sentiments or ex.
'resslons are not sufficient. This person s
pplying for registration is not reauired
0 clear himself from the faint of disloyal.
y. The meaning of Congress here becomes
ct more evident when we look at the I
asst clause ofthe prescribed oath. He is :
equlred to swear that he twill faithfully
Import the constitution and obey the laws /
the United States, and Will, to the best +
MS ability, encourage others SO to do"
hitch part of the oath is not exculpatory, Q
ut promissory-it looks to the future and i
OF to the past, and the pupose is here :.
'anitest to omit as right to vote the dis. =
ratification arising from past disloyalty v
ut IN the test oath as disqualification h
ON the right to exercise office. Mere :,
,ts OF common humanity and charity 5
'nnot be considered as involving the a
srty in participation in rebellion; SO, too -
e forced contributions by the rebel au-
lorltles, OF the compulsory payment of a
xes in aid of the rebel cause. But "
herever an act is done voluntarily in aid !"
the rebel cause, it would involve the is
'rson. and it must work disqualification v
lder this law. Voluntary contributions !,
furtherancc ofthe rebellion, OF subscrip. u
ons to the rebel loans, and even organ. n
ed contributions of food or clothing, or al
'cessary supplies, except of strictly "
nltary character, are to be classed with IL
It's which disqualify the Boards of Reg sc
tration. !.
Although we may have stated the "
se a little too strongly when we said
at one who had held the prohibited J.
ices and afterwards "gave cup of i,
Id water to a Confederate soldieru ~
as disqualified, yet We do not see that :,
voluntary contributions subscrin- y
b. |