The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-20

stbOAn liesthtuB Or aIhenQluB tHe coll
stitution of q State, prior to the
rebellion, are not subject to disquali-
fcation.
I 10. ALI the executive or judicial
officers of any State who took an oath
Ito support the Constitution of the
United States, are subject to disqun-
lificetion, and in these L include
county officers, rs to whom made u
reservation in the opinion heretofore
given. After full consideration, /
have arrived at the conclusion that
they are subject to disqualification if
they were required to take, as part
of their official oath, the oath to
support the Constitution of the
! United States.
Is. Persons who exercised mere
agencies OF employments under State
authority, are not disqualified; such
as commissioners to lay out roads,
commissioners of public works, visit
ors of State institutions, directors of
State banks or other State institu-
tions. examiners of banks, notaries
public, commissioners to take ac-
acknowledgements of deeds, and law
yers.
Having specified what offices held
by any one prior to the rebellion
come within the meaning Of the law,
it Is necessary next to set forth what
subsequent conduct fixes upon such
person the offence of engaging in re-
bcllion. repeat that two things
must exist as to any person to dis
qualify him from voting; first, the
Office held prior to rebellion, and,
afterwards, participation in the re-
bcllion.
II. An act to fix upon n person
the offence of engaging in rebellion
under this law, must be IN overt and
voluntary act, done with the intent
of aiding or furthering the common
unlawful purpose. A person forced
into the rcbc! service by conscrip-
ton, or undera paramount authority
which he could not safely disobey,
and who would not have entered
such service if left free to the exer-
else of his own will, cannot be held
to be disqualified from voting.
10. Mere acts Of charity, where the
intent is to relieve the wants of the
object of such charity, and not done
i'll aid Of the cause in which he NAV
have been engaged, do not disqualify.
But organized contributions Of food
and clothing for the general relief Of
persons engaged i'll the rebellion,
and not OF merely sanitary charac-
ter, but contributed to enable them
to perform their unlawful object,
may be classed with acts which do
disquGlify.
Forced contributions to the rebel
cause, in the form OF taxes or militia
r. assessments, Which person may
be compelled to pay or contribute,
do not disqualify. But voluntary
contributions to the rebel cause.
even such indirect contributions as
arise from the voluntary loan of
money to rebel authorities, or pur-
chase of bonds or securities created
to afford the means of carrying on
the rebellion, will work disuualifica-
ton.
1G. All those who, in legislative or
other official capacity, were engaged
in the fnrtherance of the common
unlawful purpose, where the duties
of the Office necessarily had relation
to the support of the rebellion, such
as members of the rebel conventions,
congresses and legislatures, diplo-
matte agents of the rebel Confedera-
cy, and other officials whose Offices
were created for the purpose of more
etfectually carrying on hostilities,
or whose duties appertained to the
support of the rebel cause, must be
held to be disqualified.
But officers who, during the rebel
lion, discharged official duties not
incident to war, but only such duties
as belong even to state OF peace,
and were necessary to the preserva-
tion of order and the administration
of law, are not to be considered rs
thereby engaging in rebellion or rs
disqualified. Disloval sentiments,
opinions or sympathies would not dis
qualify, but where person has, by
speech or by writing. melted Others
to engage in rebellion, he must come
under the disqualification.
Il. Tile duties Of tie board oDboin.e,l
n SNpc,'inteHd 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 to vote is found upon the
registration list. and if such proves
10 be the fact, ii is the duty Of the
board TO receive his vote. They can
! not receive thc vote of on,- ,,nr.o,,