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

|franchisement here meant, is that IMhick.B de-
sclared by law passed By. competent authority, !
or which has been fixed upon the seriminatBy1
|thesentcnce of the rtswhich tried him for
the crime. ~ M I "a
3SNo law of the United States, has declared!
the penalty of disfranchisemcnt for participa-
tion in rebellion alono Nor is it known that
any such law existss in either Of these ten
States, except perhaps Virginia, as to which
State special instructions will be given .sas1
2. Asto di:1saaehixcmcnt arising from, Aar-
ing he1d c0icc Jo11o,rclz. by participation in re-
Jcllim.
This is the mostimportant part of.the oaths,
and requires strict attention, to- arrive at its
meaning. deem it proper to give tho exact
words. The applicant must swear, or affirm as
follows:
"'That I never. have. been a member of any
State Legislature nor held any executive or ju-
dicial Office i'll any State, and afterwards en-
gagged in an. ihsurrection or rebellion against
the United States, or given aid. or: comfort to
the enemies thereof; that 1; have never taken
an oath as member of Congress Of the United
States, or as 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 cnghgcd in insurrcction or re-
bcllion' against the United States, OF given aid
or comfort to the enemies thereof" .'i
Two elements must concur in order to dis
qualify person under these clauses: First,
the Office and official oath to .support-the Con
stitution of the United States Second, enga.,-
ing afterwards in rebellion Both must exist
to work disqualification. and must happen in
the ordcr 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 rcbcllion,. is
not disqualified. So. too, "a person who has
| engaged i'll rebellion but has not before held
an Office and taken Hat oath, is hot disq,r,ll-
! fed.
+ 8. Officers ef Mr tnIel &atcs. .....
AS to these the language is without ln,ita-
ton Tho person who has ateany time prior to
the rebellion held any Office. civil or military.
under the United States, and has taken an
official oath to support the Constitution of the
Cntcrl States is subject to squal;fcation..
o. -h2au.y cDiccrs of an,. State, prior to the
rebellion, arc not subject to disqualification,
10. M"'cI"M c6iccrs, that is to say, officers
OF Incorporated cities, towns aud villages, such
:srnayors, aldermen, town council. police and
other city or town officers, are not subject to
disqualification -.
H.: Persons who have. prior to tho fubci.
lion, hecn members of tho Congress- If tho
United States. ornicinbcrs nf Il State EcssisE,-
turc, arc subject to disqualification Eut these
who have been members of conyeiltions, irs,m-
liz or amending the constitution OF a State
prior to the rebellion, nrc mot subject to DIS
!ifnt!pn.
-. 1.-THE executive CT jadicial hrrs q,
any State who took an cath to support the
Constitution of the United States, are subject
to disqualification, and in tbcsc include coun,
ty officers as to whom nnde reservation in
| tho opinion heretofore given. \ ftrr full con-
si,lcration ] have arrived at the conclusion that
they are subject tn disqualification, if they
were required to take us part of. their official
o'''', "F' c"" "'"oiI'"'P ma LotSttHttON ~ fNc
| LMHcR Nutcs J., es 49,. r<.e6
l3. Persons who exercised mere agencies or
employmcts under State authority, are 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.
nbtarics public, commissioners to takc acknowl.
cdgmcnts Of deeds. and lawyers. +"
| ENGAGING IN Rebellion.
Having specified what Offices held by any
one prior to tic rebellion, coinc within the
meaning of the law, it is necessary next to set
forth what subsequent conduct fixes np3n such
person the offender of engaging in the rebel
lion. repeat, that two things must exist as
to any person, to disqualify him fron,,yoting:
First the Office held prior to the rebellion, and
afterwards, participation in the rebellion
II. An act to fix upon person the offence
of engaging in rebellion under this law, must
be an overt and voluntary act. done with the
intent of aiding or furthcring the common un-