Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-06-17

r Asfo aSfjunclliSenlent arising fr0mhdrmg
held office E5lloueflby parttctpntion m rcbe1'on
This is the most important part OF the oath,
and REQUIRES strict attention to arrive at Its
meaning I deem it proper togtYe the exact
words. The applicant must swear or affirm as
follows
THAT | have never been member OF any
State legislature, nor held al executive or judi
ca office III anyS tate, and afterwards engaged III
IN instruction or rebellion against the Ohl'eu
States, or given aid or comfort TO the enemies
thereof ) that / have never taken an 0ath rs
member OF Congress of the United States, OF
as member OF any State legislature, or as an
executive or judicial officer Of any State, 70
support the Constitution Of tic United States,
and altcrwards engaged in instruction or re-
beIlion against the United States, or given aid
or comfort to the enemies thereof
Two elements must concur in order to dis
qualify person under these clauses: First,
fine office and official oath to support the Con
sti,ution of the United States second, cneag-
inc afterwards in rebellion. Both must exist
to work disqualification, and must happen in
the order Of time mentioned.
4 Dersors who has held III office aud taken an
| oath TO support the Federal Constitution and
has not afterwards engaged in rebellion, ~ not
| DISQUALIFIED So, too, person who has en-
| cared in rebellion, but has not, heretofore,
| held I'm Office and taken that oath, IS not dis
| qualified
5. Officers ofLhe United States.
As to these, the language is without lnllta
ton. The person who has at any ilme PRIOR to
the rebellion held any office, civil or military,
under the United States, and has taken an
official oath TO support the Constitution CT the
United States, is subject to disqualification.
/ 9. Military officers OF any State, prior to the
rebellion are not subject to disqualification.
10. iNunicipal Officers. that's to say, officers
of incorpOrated cities, towns, villages, such as
Mayors, Aldermen, Town Council, Police, and
| other city Or town officers, arc not subject to
disqualification. ., mn.
II. Persons who have. prior to the rebellion,
been members Of the Congress OF the United
| States, or mem bcrs of q State Legislature, arc
subject to disqualification. But these who
have been members Of Conventions framing OF
amending the Constitution Of State, prior to
the rebellion, arc not subject to Disqualification
~. All the executive or judicial oi1lccrs OF
any State who took an oath to support the
Constitution of the United States, arc snbcc
to disqualification, and in these / include
county officers. AS to whom | made d rcscrva-
|
full consideration have arrived at the con
cinsion. that they are subject to disqualification,
| if they were required to take, as part OF their
official oath, the oath to support the LanSt>t''-
ton Of tie United States.
| l3. Persons who exercised mere agencies or
enploymens under State authority, are not
DISQUALIFIED; such as commissioners to lay out
roads. commissioners of public works, visitors
Of State institutions, directors of Stale banks
Or other State institutions. examiners Of banks,
notaries public, commissioners to :ake ac-
acknowledgements vi deeds, and lawyers.
ENeAGIaG III REBELLION.
Having specified what Office: held by any
| one prior to the rebellion, come within the
| meaning Of the law, it Is necessary neyt to sci
| forth what subsequent conduct hIes upon
| such rerson the offence Of engaging il rebel
| lion. | repeat, that two things mast exit a.
| to any person, to diaqualify hin from voting
first, the Office held prior TO the rebellion, and
| afterwards, icipati0n in the rebellion.
ii. An act TO liz upon person the otlence
| Of engaging in the rebellion under this law
must be an 0Tart aud voluntary act, done with
| the intent Of aiding OF iulihcrnG the common
| unlawful purpose. y person forced INTO The
Rebel service: b.; CONSUMPTION, q: undi.r para
| mount authority which he could not safely dis
| obey, and who would not have entered such
| service if left to the free exercise Of his own
will, cannot be held to be disqualified from
| voting.
Is. Mere acts Of charity, where the intent is
to relieve the wants Of the object y! such
charity, and not done i'll aid Of The cause IN
| which be may have been engaged, do not Dis
| qualify. But organized contributions Of io5d
| and clothing for the general relief OF pera0na
| engaged in the rebellion, and not Of a merely
| sanitary character, but contributed Ia enable
them to perform their unlawful object, may be
classad with acts which DO di&quaiy.
Forced contributions to the Rebel cause, in
the for.n OF taxes or military assessments
which a person may be compelled to pay or
| contribute. do not dis1uality. Bat voluntary
contributions to the Rebel cauae, even such
Indirect contributions as arise from the volun
| tary loan OF money 10 Rebel authorities, or
purchase Of bonds or securities created to afford
the means Of carrying on the rebellion, will
work disqualification.
t. All those WHO, in legislative or other
| official capacity, we're engaged in the further
anCe Of the common unlawful purpose, where
| the duties OF the office necessarily had relation
to tie support Of the rebellion, such as mem
bers of Rebel Conventions, Congresses and
Legislatures, diplomatic agents Of the Rebel
Confectionery, and other officials whose Offices
were created for the purpose Of more efectual~
y carrying on hostiliics, Of whose duties ap-
pertained to The support OF the Rebel cause,
must be held to De disqualified.
But officers who during the rebellion, dis
charged official duties not incident to The war,
but only snch duties az belong even to 4 state
of peace, and were necessary to The prc"crCa-
ton of order aud the administration OF law, are
not to be considered as thereby engaging 10
rebellion or as disqualified. Disloya senti-
qualify, but where person has by. speech Or
by writing melted others TO engage III rebellion,
he must come under disqualification.
II. The duties Of the Board appointed 70
supe1iatead the elections
This Board. having the custody of the list Of
registered voters in the district for which it is
constituted. must sec that the name OF the
person offering 10 vote is found upon the regis
tration list, and if such proves to be the fact,
If Is the duty of the Board to receive his vote