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

whcru Tho duties Of onlcer heccosarIy lsl re,stnr t
Tho support Of tho rebellion. such az memben
conrontions rebel diplomatic asens Of tho rebc
Confrdnrnrv rurh otter officials whose dutios mort
mus. be held 10 coc within ile terms Of exclusion OF
hc" In hoRc rebel Sntar. who. during tho rcN cIllon
Rnrvaon Of order md administration OF law aro not 10 Lc
considered az 'horrby enRNhng In rebellion Tho In
of auc orisl conduct n tiino OF wnr or inguIrec
tnn M vol M In tino OF pcar and the performance
brirG m~scir In tho cnncInso tbs, Congress could
'ncsnt Chat such cnrclv civil anil necessary officers In.
'nV bnt The cozcnt Iangl.rc nich az WAS used in
Ih" test oath for awrara co, manifest sch purpoa,
Th" rrcmo Court in consfrnfnQ tile tcat o,th and I'm
reference to Tho clnuso 10 which hAvo alluded this
lan"usgn.
Hnrc efrtu,Ily carrvir hosttiico hut sao OF spy
,h%sn "o"a whlnl mr. sanred in every community.
ire nn1 IN" nrcaervlon NJ orer hnd no s,,rh mr.
@ any ., ,ar ~ o, T Mrt now Tnaor
simna judicial oHcn ot',e- executive ofco or pube
c"m.y oce, m@nsl "r"4 and MI otnrrs Of ,so mas as
nro which wcro not crc?tr for tho pirn0sn Of mono
rnve Tho Of u". sxnrasss s IN nps ,n
~ rhclnn. do not within tho meaning OF hs part
ton.
now rcaur to what amounts =, individual uar.cfps
ION In tho rebellion. In tho aitnmrt 10 arrive at the
cssa"a OF rrnns Of HctB lntrndsd be comnrohen
@ % Il S GmssSsnS se1 m,as y reesSa must
ona, every rshNinn faainss 40 uniicl Siatcs is
,iorshcr bs s,ld To be p,o nrnnSr subject matter
rebellion which extended over eleven Siatcs Of tho
continuing for an four vcars. aud mnint, bv
vast military authority. which ns to oil thras peoplo
"Kcnde them from all protection under tho Law nj doY
Tho obligations OF allegiance when thus sop.r,,.a
trnm tho corresponding right Of protcoton and the
orcseh OF at ailo lance aro nseeesrly modae uuder
md breach OF that obligation less reprehcnsblo than in
cas"s Of temporary or local nHurrecon. Nor mu wo
ogct that throughout thcso rebel States there wero largo
eaascs Of their populations more less onposol tn tho
belioua movement and who were yet or icss no
ru,Sy sa ID ct ssFRRof RE- used s
@ to participation. carros tho idea or voluntary par,ic
rowing out Of the nature Of tho rSbell induced Con-
res" to nso tho word engagc In the place Of invoun
snusnce and power. t'kes tho form OF de 5deto
overnment md prcscrihcs ind orcea hws the
neaplo within Its territory, individual rhs obgs
ions undergo inevitable modification, aud tho ra6t.
l and displaced authority, whom II again comes Into
circumstances. and considcr many insa as rghifuliy
lone, which, In nero insurrccpn. would havo color
l,sns Sas been especially cntosed IN eycrJ a iand Ss
statute and by tho decisions Of the early tho
nrnment. established under usurpins monstch. has
heen held NOT 10 involve subject to the guilt OF trcs
established principles. proceed with the iuan am
hopinion that soo direct overt act done with intent
n tho provsI and Meaning Sf Il ibis ia% 'a0 party
hprely dlhoyal suntinents ,Iprcs not auf
to S% hs sf lS o l. not 4Ss
mean * o. Goasrsss hare becomes yoi moro evident
G s 1sa h. . cJs
obey the awA OF tho Unitod Stacs. Ind will to
OF tho oai ot e1e6ipst ry bit rofSlssSsyi ipis Is
oTks tho fu'urc ard not to the pa- mud the purpose
Dom tho hight oIerese oco s'G cre Ins se, a.S
common hn anity and charity cannot bo considered
ss Ii in tho EsSSSh
s Tho ,9mp1qry payment @ OF tss e. in aid Of tho rebel
n, Gen"n uader hs ia8 voluntary aau wS s Is
irtherancc OF tho rebellion, subscription tho rebtl
.oanH aud ercn orsanird contributions Of food cok
ing or ssary supplies. oIcopt tta strictly sanitary
to be Chased with acts which dsqualifyI
Tho s,sns u. net Ssnains no provision as to h, man
Sonycntoe or ratification of tho constitution framed By
ihat CONVENTION or Tor othor purposes - .-'II-
Y Tho hrt section of tho supplemental provides that
registration Of yoters shall DO made before tho nrst Of
1891 o Tho fourth @ and ,sHbseausn SO
T. 70. bs eGected: Tho Commanding dcherh q
y nsS 10 Soi' s 81 a
a ai9 2s tRs-' tREe roufa % him Of
votes It qf sQ.ora and OF parsons elected dole
fsen saa 10 apeS o ana
tho persons elected NJ deesItey according
iion and mako p5ecSa.aon ihCIeof: and Il msiory
Of sSies given gu nt question shall 30 Tor
con as npy tie Isesses q sssesnSo in n'es eoD
yentIon Ila mo aud place mentioned n the noi.
heaaon 4na said convention when organized. shall .o
sornR to the proyisons Of this act aua the act to which
It supple%entaIy When The same shall have been 20
renton for ratification 70 persona Registered under Tho
psossons Of . sell at an election to be conducted by
rcrs, persons oppoptod TO be appointed by the
Commanding General I'D hereinbeforo provided md TO
oe held after tho expiration Of thirty days hothe date
II The: notice thnroo to be given by kalh convention
And ret rna thercof all DO made to tho Commanding
General Of the district. - = :
ixk, .tIo
saes mentioned In sad act to provi for the moro e
ient govutnent OF ths rebol statra sna during the
ila1nH said registration Of voters and conducting sad
eon shal hoo!o entoring upon the discharge of their
et approved July 1861 .noa s &c. 70 preso5S e
an oath Of oiase" Provided. tina. any person atal
lIs act prescribed. such person offending sud boins
,hcrcoi duly convict d. shan DO Subect % Tho pains
ahs tbs aos 1 s to 60 be
bs o e o P1s 5S
lon The duties Of the Board arc to make and complete
Tic sfs question Ia IS 70 he duties and powers Of The
board In inaEing Ind completing Tho reastration The
an Cause rcgIsTatoa to be m.de Of The Citizens OF
tho United States tveny-one years Of ago and Upward
In Ss en d. Il sss nsude
only those persons who are TO vote for delegates
scrbedt to. the following oath Affirmation. BY this
oah tho pofson applying for resistratIon u. sucar
Affirm TO oyrry Quallhc,uon provided of by the original
ic Tho frat question arises here iB whethe any other
ath can be required OF tho person nppyin for regsfa
on. or any oatn can be any other per.
aono parsons oucfng tho OF the appcant
+schcn provides Follows (which oath or Affirmation
sh hsreTetsrTed 70 4 DO oats 70 30 aisn By thO poS
Iha1e very sV eiresa aIanfG, aiho provalons, :o,
a' 'aa se i9sSiS ss be
opinion st Sies Set tbs "
ho SpPi,ea1, would be and without autior,.
yupon such unauthorized oath especially tn prot1s
70 I'll SIXTH Rceifon above quoted which declares what
.nlse asvoAring shall amount 10 PERU Is expressly
mitod 70 any oath in this Act pEe.chbed In arriving
tis concusuli hayo given duo Weint TO that pari
II tho hra section Of tho Act which declares Inst the
Te8tsrston sha include only those persons who ore
Nho aha Lave taken aud subscribed tho following oath
Or Affirmation
jif wo road these words for themselves without regit
% the other proyls ons OF The Act the impressios
bat two things muat concur TO authorize the rcgsts-
ion OF the applicant First That ho actually Possesses
he qualinsaton required by the ori inal Act and d
hes qualifications, sha tlst authority 10 anywhere
1rer % sntr upon any oter inquiry fo his qIailfea
my other person touching his shcatienj and that
ais oath. and hio oath none. Is punished with perjury
Il 10 impossible TO reaist tho conciusion tia. the
,ath tso Is tho sole aud o,ly tost OF tho quaincs:
,1es TO tie board for reRst alvn, tho power OF tue
po3rd IN confined 70 the adnstratton OF tho prescribed
upontho registry, lo boarl csnnot enter upon the
JURY whetur lie aA sworn truly fesuy That inquiry
must be reserved 10 the court which tsy
uavo Jurisdiction TO try him Indictment for Peru.
ry. Next &c tho duties tho aitm tho restfaion
completed, thoy arc to superintHnd tho eiooon and
mako return Of tho votes list Of nnl OF tho per.
clear from these provisions that thssc
MesuonH tho duty oi tho board Ia rcecivo tho