The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-09-26
OFFICE U. s. DISTRICT ATTORNEY.
tFs SALEM, Sept. IL, 1857.

q .tH SALEM, Sept. 12, 1867.
DEAR SIR In answer to your enqulr
of the Goth of August, relative to the LA
bilitv of person to prosecution who wa
Public Register during the war. ant
after the close of the same, accepted the OF
fee of Collector of Internal Revenue, ant
took the " test OATH" of July 2nd, 1862,
shall avail myself of the public press, in OF
der to embrace in one letter, answers t.
MANY enquiries of a similar character.
The only portion of the oath having an
bearing on this case of Register and the nu
merous other enquiries of similar import
is as follows: ID.
81 A. B., do solemnly swear that I hav'
never voluntarily borne arms against the
United States that have voluntarily giveI
no aid, counsel, countenance or encouragement
to persons engaged in armed hostility there
to; and that have neither sought nor &C
copied nor attempted to exercise the func
lions of any office whatever under any au
thority or pretended authority in hostility to
the United States"
In order to arrive at the true construction
of this oath, we must look to the intent OF
Congress- IN its enactment, the then condi-
ton of the country, the evils complained
of, and the remedy intended to be APP
piled.
Rebels, claiming the right to secede, but
involved the country in terrible rebellion
which was suppressed only by the sacrifice
of hundreds of thousands of lives, and thous-
ands of millions of treasure Traitors filling
many of the offices of the United States, who
had taken an oath to bear true faith and
allegiance" to the same, either encouraged
or took up arms in aid of the rebellion.
Congress was determined that thereafter
all such disloyal persons, who stood ready
to undermine and destroy the Government
should be excluded from Office, and the
same should be filled with true and devoted
friends of the Union, who could be trusted
in their fidelity to the government. In
word, the purpose of the oath was to secure
the service in office OF true and loyal men,
and to exclude disloyal men.
The term, Office, used in this oath is in
tended to mean and embrace such Offices as
were made use of as instruments to aid the
rebellion. The office of Register was no such
office. The duties of its incumbent were
not to aid rebellion, but to authenticate
and preserve the instruments of title to
property. This officer derived his appoint
ment and authority from the county court,
tribunal not created to aid the rebellion,
but which has been in existence in North
Carolina for century. Its duties were
to suppress and punish crime to preserve
the peace, redress wrongs, award justice,
and administer the public charities of the
county, so as to protect its poor from star
walton. If the court aided the rebellion,
1T did that for which it was not created, and
the Public Register derived none of his au-
thorlty from any such aid, nor was his Office
an instrument to aid the rebellion. In many
OF these cases, parties accepted or held such
offices as Register, Clerk, &C., for the pur-
porse of preventing themselves from being
forced by CONSUMPTION into the rebel army;
thus weakening instead of Strengthening the
rebel force. Therefore public Register is
not excluded from taking said oath, unless
he gave aid to the rebellion outside of his
office
The officers intended to be excluded by
this clause of said oath, were such as held |
their appointments from the Confederate |
Government or from such other power or au-
thorlty as was created to " aid the REBEL |
lon," or which by the general use of its
functions, could be truly charged with act
ing in hostility to the United States"
1t is sometimes urged that the taking of |
the Confederate oath by such officers as |
Public Registers, Clerks, Constables, de-, ex-
cludes such persons from taking the test |
OATH on the ground that it was giving aid |
or encouragement to the rebellion. This is
not necessarily so. 1t depends on the intent
with which it was taken. "Aid or encour-
agement" to the rebellion must have been
voluntarily and intentionally rendered, to
exclude person. 1t is conceded by all that
one who was conscripted into the rebel ar
my and fought against the Union is not ex
cluded, while one who volunteered to do the
same thing is excluded. Why this distinct
1ons Because the aid rendered by the one
was not voluntary, while that rendered by
the other was voluntary. So of one who
was conscrlpted and furnished a substitute,
or took contract to furnish supplies for the
Rebel army, in order to protect himself
from being compelled to take up arms
against the Union. Such person can, in nv
opinion, take the oath, because what he did
was not done with the intent to " aid the re
bellon," but was done under coercion to
save himself from having to fight against the
Union.
80 OF one who accepted or retained the
once OF Register, Clerk of Court, Consta-
oie, OF other such office, to keep from fight
ing against the Union, or to prevent some
violent war man" from getting the office,
VINO would exercise its functions to oppress
Union men and to force persons into the re-
ooi army. OUCH person thus accepting of |
nee under such circumstances and taking
the Confederate oath, is not thereby exclu.
ded from taking the "test OATH" because it
was not voluntarily done with the intent
. 10 aid or encourage the rebellion" But
'ucn person was compelled to take the Office
ana the Confederate oath, too, or be forced
INTO the rebellion, or suffer rebel to fill the
'lnce who would force him and his friends
INTO the army.
But taking of the Confederate oath If !
zone one with the intent to encourage the re-
oelllou, /" would in my opinion, exclude sncb
person from taking the "test OATH How
ire we to know the intent of the marty e.
simply by his conduct and other c overt T.
lcts" during the war. Every mans NEIGH
'ors knew his status, whetherhe was a TTnion
nan or secessionist
LII Union man, he is not presumed 70
ave taken the oath with the intent to aid in
the Union, which was the object 1i IT
Il his affections; while if secessionist II
an equally strong presumption that he
ook the oath with the intent TO {" conn+a1
ance or aid" in destroying the Union which
'as the object of his hatred. " n'0n
NO one will deny that where one volnnto
~ aided the rebellion by volunteering into
re rebel army, or voluntarily furnished SIM.
mes to the army, that he is excluded from,
KING the" test oath N xvhilo ;f a. 4