Des Arc weekly citizen., 1867-06-01
res- Frnm Attnrnnr General Stnn-


 right to vote to such as may be dis franchiscd for participation in rebel lion, or felony at common jaw. The words here used ''in the rebellion,' must be taken to mean the recent re- bellion. But the supplemental act en- largcs this disqualification aud requires the applicant to swear he has not been disfranchiscd for participating in any rebellion or civil war against the Uni ted State, nor for felony committed against the laws of any State or the United States" The mere fact of such participation or commission does not of itself work as a disfranchisement. 1t must be ascertained by judgment of court, or by legislative act. I am not aware of any law of the United States which works disfranchiscmcnt as to the right of suffrage by force of the act itself; nor does such consequence follow from conviction for treason or any other act of participation in rebel ! lion. The provision in the Constitu- ton of the United States does not de- clare what shall be the punishment on conviction of treason. That is left for 1 Congress, with the limitation that cor ruption of blood shall not follow as consequence of any forfeiture. except during the life of the party. Congress in the exercise of it's power, has limit ed such punishment, on conviction, to the penalty of death or imprisonment, and by the manumission of slaves owned by the party, and to disqualiti- cation from holding any office under the United States. 1 am not advised of any statute now in force in either of these ten States, except perhaps Vir- ginia, which declares disfranchisement as to the right of suffrage by force of the act itself The original act con- templates Acknowledgement, arising from participation in a rebellion. whereas disfranchisement, under the fourth and fifth clauses of the supple mental bill does not arise from such participation, but other elements must concur-that is, the holding of certain offices, or taking an official oath by certain officers, and afterwards partici- pating ill rebellion against the United States, as to some officers, as, no doubt, members of the State Legislature and Congress, arc clearly enough designa- ted.
 A State Convention for framing an amendment to the State Constitu- tion, though clothed with legislative power, cannot properly be called a State Legislature, and, in the acts now under consideration, convention and a legislature are expressly distinguish ed from each other, for they require a constitution to be framed by the con- vention, and require the legislature of the same State to adopt the constitu- tional amendment. When, then, in the same acts they again use the phrase, Legislature of the State," they must l be understood to use it in the same sense and distinguished from Consti- tutional Convention. But as to those Legislatures which passed what are called "Ordinances of Secession" am of the opinion that their members arc properly within this disqualifying clause, for I can imagine no official legislative position in which the duty of allegiance was more distinctly vio- lated.
 A more difficult inquiry is Who is to be considered an officer of the Uni ted States, or an executive or judicial officer of any State. Various classes of officers are included. They must be judicial or executive, and as to fed eral officer the terms ..judical and ex- | cers of the militia of State are not in- cluded in those terms of description. else the act would have included civil or military officers of the State. For in the third section of the Constitution al amendment, Congress expresses that purpose very clearly. It is matter of fact that part of these acts in its lan- guage is followed word for word ill these qualifying clauses, as far as pos sibe except in the particular in which 1 one is made 10 apply to the eligibility and the other 10 the right to yote.- When, therefore, we find Congress Gin 1 declaring what persons shall be dis franchised from holding any oflice) cx- pressly includes military as well as civ il officers as in the third section referred l to, and in providing what person shall 1 be disfranchised from voting who held any office, omits to mention military officers, we cannot escape the conclu- ! sion that military officers were not in their contemplation.
 1 It must be born in mind we are here considering the class of military off, cers who were such prior to the rebel 1 lion, when the officers were loyal and 1 known as officers of the militia, not that class who became military officers during the rebellion. This last class comes under that wider class of dis qualification which applies to partici- patton in the rebellion. AS to the civ il officers disfranchiscd, the clause in- cludes all State officers, Governor, It. Governor, State Auditor, Treasurer, Secretary of State, and the officials, proper, who exercised executive func- ] . 4 ~c I,
 l am not prepared to say that only these proper State officials come with in the terms of this descript' on, nor am l prepared, as to judicial officers of a State, to limit the description to judges of courts whose jurisdiction extends throughout the entire State. I must content myself by saying they are clear ly within the meaning of the law. Mu- nicipal officers do not come within the provisions of the act. Subordinate of ticers of legislature who arc not mem- bcrs do not come within its provisions
 As to county, township and precinct officers, he reserves an opinion wheth- CT all of them or not all of them come within disqualification. All other ex- ecutive or judicial officers, except county officers, come within the mean ing of these laws. Persons who exer- else special public duties, rather in the nature of occasional employment than general and continuing official duty, do not come within the law as, Boards of Commissioners of Public Works, Directors of State Asylums, visitors of the State University. Directors of State Penitentiaries, State Directors of Banks, or other corporations, Special Commis- sioners, etc. But all persons who as executive or judicial officers of any State, who have taken an oath to sup port the Constitution of the United States. are clearly disfranehisad. All