Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15

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lndleial hfloefs NJ = Hiais are concerned
docs toi snlafks The close subject 10 dls.
ffshehlfemshi uho musi also b. lndloial
~ eseouilge oihoef ~ q State according 10
tlis rule hefelhheiofe established. I do not
appfehend that any practical question " M
atiso here, fnr 10y the Consultation o. the
United states this oath Ia required 10 be
taken by the members N the several state
Legislatures, and nll cxCcuilye and judicial
officers both ofihe United States aud Of the
several States, aud In these ten States tho
same oath was required as 10 members NJ
the Legislature aud the executive aud judi
Oinl oil GERS Of the State,
This brings me TO the question, who IL 10
be considered IN officer OF the United States
within the meaning Of the clause here un-
der consideration Here the term officer
IL used In lbs most generalIsense and with
out any qualiioation-is legislative, eNecu'
tive or ludiclal-and think, as here used,
It was intended to comprehend military us
well M civil officers of tho United States
who had taken the prescribed oath, mas
much Ms the violation Of the official trust has
relation to fcnlty to the United States,
wuich is broken by rebellion against the
United States. r....
The reason is apparent for including all
officers Of the United States, and for max
ing this disfranohisement more general and
comprehensive as TO them, standing, us
they do, in more direct relation and trust
to the United States than officers Ola state
now come to cgnsi 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 engng d 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 disqualiilcations,
two elements must concur-frst, 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 and
the oath, afterwards engaging in the rebel
lion, or giving aid or comfort. A person
who has held an Office within the meaning
of the law, and has taken the official oath,
and who has not afterwards participated
in the rebellion may very safely take this
oath, and so, too, the person who has fully
participated in the rebellion, but has not
previous thereto held an Office and taken
official oath, may with equal safety take
this oath. My duty here is simply one of
construction. l do not deem il proper to
enter upon any question of the constiiu-
tionality of this part of the act, taking it
as granted for the purpose Of construction,
that Congress has a right to impose such
an oath it is not only allowable but i'm
perativc that keep in view its essential
characteristics. 1t is something more than
a legislative act in derogation Of existing
right; it is, in effect, an act which takes
away existing rights as consequence of
acts done at prior time, and which, at
the time they were done, entailed no such
consequence as the late case bef9le the SUI
preme Court of the United States. Upon
the test oath prescribed by Congress to be
taken by lawyers, by which the exclusion
from the right TO practice their profession:
made to arise upon proof of participation
in the rebellion, the Court says: AS the
oath prescribed cannot be taken by these
parties, the act as against them operates as
legislative decree of total exclusion from
any of the professions, or any Of the ordi-
nary avocations Of life, for past conduct
can be regarded in no other light than as
n punishment for such conduct. Exaction
of the oath is the mode provided for ascer-
tanning the par les upon whom the act is
intended to operate, and, instead of lessen
ing, increases its Objectionable character.
All enactments of this kind partake of the
nature of bills of pains ard penalties.
The Court further says: The expiration
enjoyed, may be punishment; the circum-
stances attending and the causes of the de-
privation determining this fact and the
characteristics of the aim. On this the
acts are therefore retrospective, penal and
punitive. OF course there can be no ques-
ton as to the need of construction which
is here to be applied. Those who are ex-
pressly brought within its operation cannot
be saved from its operation. Where, from
the generality of terms of description, or
for any other ieason, reasonable doubt
arises, that doubt is to be resolved against
the operation of the law and in favor of
the voter. What acts, then, within mean
ing Of law, make party guilty of engag
ing in instruction or rebellion against the
United States or giving aid and comfort to
enemies thereof? The language here com
prehends not only late rebellion, but every
past rebellion or Instruction which has
happened in the United States. SO, too it
comprehends every foreign war in which
the United Sta ties has at any time been en-
gagged. The first of the sentence covers the
case of domestic war existing in form of
rebellion or instruction. Whilsta part APP
plies to foreign war, tie words giving aid
and comfort to the enemies of the United
States are the same, and in the constitu-
tlonal definition of treason and the ciemies
there meant, must be taken to be foreign
enemies. These words, originally found in
the early statutes of England against trea-
son, have received that settled intcrpreta-
ton in English and American courts They
are used in this act without any qualitica-
ton, and we give them full force and ap-
plcation when they are made TO apply to
adherence or giving aid and comfort to for
eign enemies. Such an act as the breach
of the oath or duty of allegiance stands up.
on the same policy of disqualification as
engaging in rebellion or civil war. A per-
son. therefore, who gave aid and comfort to
our enemies in The war with Great Britain
of 1912. and in the war with Mexico in
lS47 would, in that particular, come within