Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-08

ATTORNEY CEREBRAL SrAS8ERRY's OPIN-
IoS.-we have received copies Of the docu'
ment, as tclegraphed to the Houston and
Galveston papers. II is lengthy one, a d
Is so wretehedly butehered by the tele-
graph ms to render il utterly unintelliga-
BILE. We have therefore concluded to wait
until We get an authentic copy before pub
fishing il. The Galveston News, in plac.
ing the document before its readers, says;
1--WE feel that we owe our readers an
apology for Offering them, in the present
paper, the opinion of Attorney General
Stanberry as telegraphed to us. Never be-
fore do we recollect Of having undertaken
so hopeless and fruitless n task as the At
tempt to make anything Ineligible out of
these dispatches. We aic compelled to let
our readers have them snch as they are,
though under ordinary circumstances it
would be an insult to their understanding
to offer them such unintclligibable stuff, as
the telegraph has made of most of this opin-
ion.h
The Galveston Civilian declines TO publish
the "opinion' as telegraphed, but makes
out the following as the most important
points;
Men who have been officers of the militia
Of the State, are not excluded from the right
to vote.
The excluded include so far as executive
officers are concerned, all such officers as
are generally known by the proper descrip-
ton of State officers, or officers of State, as
the Governor, Lieutenant Governor State
Auditor, Treasurer Secretary and State Of
fcers proper, who exercise executive tunc-
tons at the scat of government, but the At
torney General says he is not prepared, ms
to judicial officers of State, to limit the de-
scription TO judges of courts whose juris-
diction extends over the entire State but
these officers, executive or judicial, are
clearly within the meaning Of the law.
Such officers as usually pass under the
description of municipal, do not come with
in the provisions of the act whether their
functions are executive or judicial, or, as is
sometimes the case, where the same officers
act in both capacities outside Of these Two
representative classes, the first Of which is
clearly without the purview.
All those who in legislation or other Of
fetal capacity, were engaged in the furth-
erancc of action or unlawful purposes, or
persons who, in their individual capacity,
have done any overt acr for the purpose of
promoting rebellion, may we'll be said in
the meaning Of this law to have engaged in
rebellion. All persons who, during the re-
bellion acted in an official capacity, where
the duties of office necessarily had relation
to the support Of the rebellion, such as
members of rebel Legislature, and rebel
Congress, and rebel Conventions, diplomat
c agents of rebel Confederacy, or such 9th
er officials whose duties have especially ap
piled to the support Of the rebel cause must
be held to come within the terms of exclu-
sion. Officers in these rebel States who du-
ring the rebellion discharged official duties,
not incident to war; but in preservation and
administration of law, are not to be consid-
cred as thereby engaging in rebellion. The
interests of humanity require such officer
for performance of such official conduct in
time of war or instruction, as well as in
time of peace, and the performance Of such
duties can never be considered as partici-
patton in the rebellion.
now come to consi Ter what is the mean
ing or scope of the disqualification, arising
on that part of the oath, which requires the
person to state that he has not engag' in
instruction or rebellion against the Unit
ed States, or given aid or comfort to the en-
emies thereof. | must repeat, what has been
said before that to avoid disqualAcations,
two elements must concur-frst, not hold
ing the designated Office, State or Federal,
accompanied by an official oath to support
the Constitution of the United States and
second engaging in the rebellion against
the United States, or giving aid or comfort
to its enemies. Both of these must not on
ly concur, but they must concur in the or
der of time mentioned first. The Office oath
afterwards engaging in rebellion or giving
aid or comfort A person who has held an
Office within the meaning of the law, and
has taken official oath, and who has after
wards participated in the rebellion, may
very safely take this oath, and so, too, the
person who has fully participated in the re-
bcllion, but has not held an Office and taken
official oath, may with equal safety take
this oath. Although am strongly inclined
ed should strictly be confined to its &C.
knowledged loyal Interpretation, am not
prepared to say that adhering to the Con-
lederacy is to be considered applicable to
rebellion.
Holding simply judicial OF other office, or
employment purely civil in character, such
as county officers, municipal officers and all
others of like nature, which were not Gre
ated for the purpose of more effectually
carrying on hostilities and which do not in
volve the performance Of duties expressly
for the furtherance of the rebellion, do not
come within the meaning Of this part of
the oath, fixing on the incumbent the guilt
of engaging in rebellion.
In rebellion which extended TO over
eleven States of the Union, involving mil
lions of their people, continuing for more
than four years, maintained by a vast mil
itary authority, which to all these people,
for time, and as to most of them during
its continuance, excluded them from the pro-
lection Of the laws of the United States
Government, the obligation Of allie glance is
less reprehensible than in case of tempo
rary and local instruction nor must we
forget that throughout these rebel States,
there were large classes of their population
more or less opposed TO the rebellious move
ment, and who are all more or less necessa-
rily involved in its support. When an in
surrection, by its continuation and power,
takes the form Of a fact Government pre-
scribes and enforces laws over people with
in its territory, without the power to secure
individual rights and its obligations, and
the rightful and displaced authority, when
it again comes into place, must in a meas
uIe, accommodate its action 10 circum-
stances and consider many things as law
fully done which as to meet insurrection
would have no color Of legality. | am OF
opinion, that some direct overt act done
with intent to further the rebellion, is nee
essary to bring party within the purview
Of this law. Merely disloyal sentiments
or expressions are not sufficient The per-
son applying for registration is not requir
ed 10 clear himself from the faint Of disloy-
atty. lie is required to swear that he viii
support the Constitution and
obey the laws Of the United States, and
will 10 the best Of his ability encourage
otbers 50 % DO, which part Of the oath is