The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-05-30

| ton to be framed by the convention and re-
qure the legislature ofthe same state to adopt
! the constitutional amendment when then in
some acts they again use the phrase 'leoisla-
| ture of the state,p they must be understood
/ to use it in the same sense, and distinguished
! from constitutional convention but as to
/ those legislatures which passed what are called
! ordinances of secession, | am of opinion that
their members are properly comprehcnded
| within this disquaiifying clause, for i can i'm
agine no official legislative position in which
| the duty of allegiance was more distinctly vi
| olated.
A more difficult inquiry is, who is to be con-
sidered an officer of the United States or an
executive or judicial officer of any state? Va
! rious classes OF officers are intended-state of
| fcerS and federal officers, and executive or jul
dicial officers No legislative officer is men,
toned, except a member of the state legisla-
ture or a member Of Congress. The descrip-
| tions used as to other officers are as to state
| officers. They must be judicial or executive,
| and as to a federal officer the terms 'execu-
| tive" or judicial are not expressed. He is
| described simply as an officer of the United
| States Officers of the militia of q state are
not included in these terms of description, else
! the act would have included civil OF military
officers of the state, for in the third section Of
| the constitutional amendment, known as ar
! tlcie "A, Congress expresses that purpose very
clearly. That section is expressly referred to
more than once in these acts and is made in
fact part of these acts. It's language is fol-
lowed word for word in these qualifying
| clauses as far as possible, except in the par
ticular in which one Is made TO apply TO eligi-
bility, and the other to the right to vote :
when therefore we find that Congress in de-
claring what persons shall be DISTINGUISHED
from holding any office expressly includes
military as well as civil officers, as in the Sd
section referred to, and in providing what
persons shall be DISTINGUISHED from voting who
held any office, omits to mention military of
Ulcers, conclusion
military officers were not within their contem-
plation. 1t must be borne in mind that we
| are considering the class Of military officers
who were such prior to the rebellion, when the
officer was loyal, and known as officers Of mil
! itia not that class who became military Of
| ficers during the rebellion. This last class
comes under that class of disqualification
| which applies to participation in rebellion
As to the civil officers disfranchsed, the clause
| fairly includes ali state Officers-Governor
| Lieutenant Governor State Auditor, Treasur-
er and Secretary Of State. | am not prepared
to say Tat only these proper sate officials
come within the limits of the description; nor
am prepared as to the judicial officers of
| state to limit the description TO Judges or
courts whose jurisdiction extends throughout
the entire state | must content myself by
saying that they are clearly within the mean
| ing ofthe law.
Municipal officers do not come within the
provisions of he act. Subordinate officers of
a legislature, who are not members, do not
come within its provisions. As to county,
township, and precinct officers he reserves his
opinioR-whether all of them, or if not all,
what classes of them come within this disoual-
ification. All other executive or judicial Of
iicers, except county officers come within the
meaning of these laws.
Persons who exercise special public duties
rather in nature of occasional employment
than general and continual official duty do
not come within the law as boards of COM
missionerS of public works, directors of state
asylums, visitors of state universities, direct
orS of state penitentiaries, state directors of
| banks or. other corporations, special commits
! sioners, &c; but ali persons who as executive
| or judicial officers of any state have taken an
| oath to support the constitution of the United
i States, are clearly disfranchised. All persons
who during the rebellion acted in an official
capacity while the duties of the Office neeessa-
J rily had relation to the support of the rebel
| lion, such as members of the rebel Congress
and rebel conventions, diplomatic agents of
! the rebel government, or such officials whose
duties more especially appertained to the sup
| port of the rebel cause come within the terms
of exclusion. Officers in the rebel states. who
| during the rebellion discharged official duties
not incident to war, but in reservation of or
der and administration of law, are not to be
considered as thereby engaged in rebellion
The interests of humanity require the perform.
ance of such duties, and they can never be
| considered as criminal.
Stanberry is satisfied that the language used
III the the act as to participation Ia rebellion
| carries the idea of voluntary participation,
and that Congress used in this sense the
word engage" in some direct overt act done
with intent to further the rebellion, is nee
essay to bring the party within the purview
and meaning of the law merely disloyal sen
timents or expressions are not sufficient
Iha lyyi. -,
required to clear himself from the faint of
disIoyaItv This meaning of Congress be
come yet more evident when we look at the
last clause Of the prescribed oath He is
required to swear that he will faithfully SUP
/ port the Constitution and obey the laws Of
the United States, and will, Ito the best of his
ability encourage Others to do so This pro.
! vision looks to the future and not to the past
and the purpose is manifest to admit his
right to vote. The disqualification arising
from past disloyalty put in the test oath as
a disqualification from holding Office, mere
cts OF common humanity and charity can
not be considered as involving the party in
the rebellion So too with forced contribu.
tons to the rebel authorities or compulsory
payment Of taxes in aid of rebel arms. But
whenever an act is done voluntarily in aid
of the rebel cause it would involve the per-
son aud work disqualification. Under the
law voluntary contributions in furtherance
of rebellion, or subscription to the rebel loan,
and even organized contributions of food or
clothing or necessary supplies except of a
strictly sanitary character, are to be classed
with acts which disqualify.
The duties of the board of registration are
adverted to the administration of any other
oath than the one provided in the act would
be extra judicial and without authority, aud
false swearing could not be assigned as per
jury upon such unauthorized oath The
oath in the act is the sole and only test
Of qualification of the applicant If he
takes 1t, bis name must go on the register.
The board cannot enter upon the inquiry
whether he has sworn truly or falsely At
the election the duty of the board is simply
to receive the votes of registered persons and
rel ect all Others