The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-28

of rebel Legislatures and rebel Congress- and rebel
Conventions and rebel diplomatic agents of the rebel
rnnfed-racv or ouch otter officials whnoe dlties more
pepnciev annernined to the aurnor Of tha rehc cauee
must ba held to within the terms Of exclusion. Of
frc-s in those rebel Satea. WIN. during the non
DISCHARGED official duties not incident tn war; but in
servation Of order md administration of law not TO he
considered az thereby nnparing in rebellion. The In
tereata Of humanity redrn slch officers for the rerform-
pnce of such official conduct time of insrrre"-
nn vol aa In time OF pnncn. and fhe o.
auch dntiea never ba considered criminal cannot
bring m-sef to the conclusion that rO1rraas cod have
rnant that errt nlrclv civil and necessary officers in
vovnd the Incumbent in the pt ofineurrerton Moth
ing but fhe most cogent lanlhoa suc az WIS naed IN
The onh for lavvers could manifest s1lch puTDna
Tho Spremn Conrt in constituting the tea oath. and in
reference to the clause to which have alluded uses this
lan~7laee.
nxnTcsa nnt only Of offers crna+e1 for tho Of
efartusy carving on hnsta'. bnt alao OF anv
n fosc Offices which are required in every comuntv,
rrhntor in neace for the administration of iua-
tire and FIJI preservation of order find no sch llr-
posn IN tho Of of the terms of the nct now under
confederation nm accordingly OF opinion mat holding
airn'e judicial Office Other executive office. or nnbo
onnlnvnlert ae arc OF Dnrelv civil character. a1ch 81
nonntv ocns municipal Offices and oil others Of Ike ma
'nrN which we're not cre1tsd Tor the gnrnosa OF more
voIvn performance of dutos expressly in fnrth rance
If rebellion dn not within the meaning OF thia part
NJ the oath fix on the incumbent the r7lt OF eng'R-
ing In the rebellion. So much for the official parctpa-
t'nn
now recnr tn what amounts tn Individual nsrHcpa-
lion in the rebellion. In the attempt to arrive at the
rnsars of persons of ants intended to he comprehen
nd in the matter nf engaging in rebellion. we must
havn due r"nard tn the subject mser AUTOMATICALLY al
thn1ah every rebellion against the United States iB
n-nhended. II is the late rebellion which almost il not
rnqcther bs said tn he the proner subject matter
rebellion which extended over eleven States OF the
Union involving moro less million of their neope,
continuing for than for wears, and maintained bv
vast military authority which M 70 oil these people
tr time md to most Of IN during itH continuance,
excluded them from all protection under the lawful Gov
ernmsnt
rom the corresponding right Of protection md the
breach of that ao snco necessarily modified under
slch circumstances The obligation is les' stringent,
and breach Of that obligation less reprehensbe than In
cases of temporary local insurrecton Nor mu we
orge that throughout these rebel States there were large
classes Of their populations moro or less opnosea 70 tue
rbclinuS movement and who werc yet more or 1858 ne
cesBsrily involved In it's support
have already said that the language used In this act
as to participation carries the idea of voluntary parci
patton, ami satisfied that these considerations,
aress tho word cngage In the place OF nvoun-
tary par icpation. When 1nsurrectop by Its con-
tuuance and power, takes the form of q de fdeto
government and prcscrbes and laws the
oeope within its territory individual rights and obhga-
lions undergo inevitable modification. and the right
full and displaced authority, when 1t again comes into
place. must, in measure, accommodate ta action To
circumstances, and coneder many things as rghdully
DONE which, In insurrecdon would have no color
Of legality This principle is recognized by all civilized
nations bas been especially enforced in every land by
statute and by the decisions of the Court early In the
reign OF Henry the VII Obedience to the de dcto gov
,rnment, established under usurping monarch, has
been held not to involve subject to the guilt OF es
son to tho lawful King Giving due weight to these we'll
established principles. proceed with the inquiry am
IF opinion that direct overt act dono with intent to
urther the rebellion is necessary to bring tie party
within the provision and meaning Of this law.
Merely disoyal sentiments or expressions arc not suf
acent Tho person applying for registration Is not re-
quired 10 clear himself ON the tant of disloyalty The
meaning of Congress here becomes yet more evident
nuired to swear that be viii faithfully support tho Con
tuiop, obey the Laws Of the United states and Will to
he best of my ability, encourage others 30 to do This
part of tho oath is not excupatory but promissoy
looks 10 the future and not to the past and the purpose
l., here nfes to omit TO The right to vote tho dis
qualification from tho right to exercise Office Mere acts
common hu anity and charity cannot be considered
So too forced contributions by the rebel authorities
the compulsory payment OF tax IN aid OF the rebel
modification under this law. Voluntary contribution In
uthorance Of the rebellion, or subscription to the rebel
oans and organized contributions of food or cloth
ng, or ;ssary supplies. except strictly sanitary
character arc be chased with acts which disquafr
The original act contains no provision as To tn. man
or nnd time for holding tho election Of delegates to the
convention! ratification OF tho constitution framed by
that convention, or for other purposes.
The first section OF the supplemental act provides that
registration Of voters shall be made before the first OF
ieptemb r. 1867 The fourth and subsequent sec
lions provide for means by which this registration
ia to bo effected. The Commanding General Is
lirected to appoint as many boards Of registration
.ers or persons to mako complete registration, su-
,erintend the election. and make return TO him OF
votes List of voters and Of persons elected as dele.
ates by plurality Of votes cnst ut said election; and
pun RECEIVING the said returns shall open the same,
,scertain tho persons elected deegtes according
% returns of tho officers who conducted BAL. cleo
9H 9%ote ad gVe oR qaIod 1U
the Commanding General within sixty days dste OF
ectiop shall notify the delegates to assemble In con-
,enon ut time aud place to be mentioned IN the no-
icaion and sad convention, when organized, shall pro-
eed to rnne constitution and civil government, ac-
ordng to The provisions OF thus ac anu the act to which
t s supplementary. When the Same shall have been 30
raed said resolutions shall be submitted to the con-
scnhon ratification to persons registered undor the
provisions OF hi. &C ut election to be conducted by
rers or persons appointed or to be appointed BY the
commanding General as hereInbefore provided and to
oc held after the expiration OF thirty days from the date
IF the notice thereof to bo given by said convention,
md thereof all be made to the Commanding
ioncrnI Of tho district
The sixth section provides that all elections In the
ates mentioned In said act to pro for he more ei-
ieus government OF the rebel States. shall during the
oations of sd act, be by ballot, and oil othcers
making said registration of voters and conducting said
i con SHALL before entering upon the discharge OF their
uties take and soscrhe to the oath prescribed by the
vet approved July 1862 entitled IAN act TO prescribe
IN OATH Of oflce" Provided, that II any person shall
iuowing aud falsely take and SUBJ cbe TO any oath In
his act prescribed such person so offending ID being
hereof duly convict d. shall be subject to the pains
cnsl,ios aud liabilities which, by law, are provided for
he punishment vi wittll and corrupt perjury. The
as prescribed by this act are the oatns to be taken by
for On aRa he o 0ls 10 1e
ion The duties Of the Boarl are to nuke and complete
hs registration and supcrlntend the election.
The first question is the duties and powers OF tho
ord IN making and completing the registration. The
irst section provides that the Commanding General
,ha cause registration to be made Of the citizens OF
e United States y-one yours Of age and upward
esjdent in eac county parish In the State States
included IN his district, viii registration snail include
ny those PERSONS who qualified TO vote Tor delegates
oy tho net aforesaid and who shall have taken and sub
cribed to the following oath affirmation. By this
at tho person applying for registration must swear or
firm every qualification provided for by the Original
t The first question arises here il, Thethe' any other
nth be required Of tho person nppyn Tor reg1str
ion or any 1ltn can be administered to any other per.
on or persous ouc ing the qualification OF the applicant
y the Board OF Registration. The last clause OF this rst
section provides follows (which oath or affirmation
usy be administered b. any registration othcer Inc
referred to is the oath to DC akeu oy Inc per-
ON applying Tor registration.
have vory carefully examined all The provisions of
shis act and find no authority for any oa:h to be
lcant for gstla aon but only This oath am cit ary
opinion that any other touching the quahhcahoLs OF
he applicant would be and without uuthorl
and the false swearing could not be assigned as peru-
upon such unauthorized onh and especially III provlsJ
til sixth seciion above quoted which declares what
also swearing shall amount to PERU y Is expressly
limited to any oath III this Act prescribed In ARRIVING
II this conclusion hayo given due weight to that part
the first section Of tho Act which declares that the
cgslntion shall include only those persons VINO are
ILlifed for delegates by the ACT u0rcsao ana
Sho shall taken and subscribed the following oath
or affirmation.
Ii we read these words for themselves, without regard
20 tho other provisions Of tho Act the impression is made
bat two things must concur to authorize the reSisra-
ion OF tho applicant First That nc actually possesses
ho qualification required by the ori nal Act and hnd
hut he is required by this oath to swear to every one o
hose qualifications, and that no authority is anywhere
given enter upon any other inquiry Into his quahnca
Ion to administer any othor oath to him. or any oah
to any other person touching Ills qnasaa:on and Inat
ai OATH unu lis oath alone, is punished with perjury
is impossible to resist the conclusion that the
oath itsu.f IL the and oLly test 0f the quanhca
Ion OF tic applicant. When. therefore, person sp-
hea TO tho board 10: registration, tho power OF ths
ooard confined the administration OF the prescribed
oath and il ihe applicant takes TINT his name must 90
upou the registry; the board cannot enter upon the n
JURY whether he has sworn truly or falsely tlat INQUIRY
must be reserved to the court which may afterwards
jurisdiction to try him on TN Indictment for peTu
r Next to the duties Of The boa d. utter the
~ completed they to superiD.nd the election and
mako oil the votes, list of soers aud OF the per-
sons elected 10 the Commanding General. It Is worry
clear from these provisions a: IN suerntendine these
elections the duty the board is to receive the votes
he persons whose mes arc up for registration and te
rp;n NIL tthptg There Ia provision anywhere tC