Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-08

! 'uhiy carrying on hoStlltles, but also OF any
OF those Offices which arc required in every
community, whct' N peace or war, for the
administration of justice and preservation of
order find no such purpose in the use of
any OF the terms Of the act now under consid-
Grafton. | am accordingly of opinion that
holding simple judicial office or other exec
ccutiyc Offices, or public cmp!oymcnts as arc
! of purely. civil character, such MS County
Offices, municipal Offices, and all others of like
nature which were not created for the purpose
OF more eitcctually carrying OH iostiltics, and
winch did not involve the performance of du
ties expressly in furthcrancc of the rebellion,
do not, within the meaning of this part of the
oath, iiS on the incumbent the guilt of en-
gaging in the rebellion. So much for official
participation.
now recur to what amounts to individual
participation in thc rebellion In the attempt
to arrive at classes Of persons or of acts in
tended TO be comprchcndcd in the matter of
/ engaging in rebellion VIC must have due re-
gard to the subject matter. Undoubtedly, al.
though every rebellion against tho United
states is comprchcndcd, it is the late rebel
non which almost it not altogether, can be
said to be the proper subject nlatcr--a rebel.
hon which extended over eleven States of tho
| Union, involving more less million, Of .hu
|
and maintained by vast military authority,
which, as to all these people for time, and
as to most of them during its continuance, OK
cludcd them from all protection under the
lawful Government. The obligations of ale
glance when thus separated from the cores
! ponding right OF protection and tho breach OF
! that allegiance arc necessarily modified IN
/ dor such circumstances, the Obligation is less
| stringent, and breach of that obligation less
| reprchcnsiblc than in eases of temporary or
local insurrcction. Nor must We forget that
throughout these rebel States there were large
classes of their population more or less opposed
to the rcbclilous movement, and who were yet
more or less necessarily involved in ita sup.
port have already said that the language
used in this act as TO participation, carries the
: ldoa OF voluntary Anticipation, and oul sat
isfod that these considerations, growing out
of the nature Of the rebellion. induced Con.
gross to use the word " engage f" in the sense
of voluntary participation. when an iusur-
rccton, by its continuance and power, takes
the form of Il 1c .fttcto Government, aud nrc-
Scribes and cniorccs laws over people within
It's territories individual rights and ohliga-
tlonS undergo IN Inevitable modiiication and
Tie riishtiul and displaced authority, when it
comes again into place, must, in y measure.
accommodate It's action to circumstances, and
consider many things as righttully done which,
in mere imsurract!on, would have no color Of
legality. This principle is recognized by MI
civilized nations has been especially enforced
in England by statutes, and Ly the decisions
OF courts as early as the reign Of llcury VII
Obedience TO tic 9c i;ir,o Government cstab
,ished under usurpng monarch has been
held not TO involve the subject in the guilt of
treason to The lawful king Giving due weight
to these well established principles, proceed
with tue inquiry. ! am Of the opinion tat
some direct overt act. done with the intent to
further the rebellion, is necessary to brin. the
pnrty within the rurvicw and meaning Of this
law. Merely disluya sentiments or cvrrcs,
S'ons are not sufficient. The person applying
Tor registration is not required to clear him.
sell from the taint Of disloyalty. The mean
'nG Of Congress here becomes yet more cvi-
dent. When We lo'k at the last clause of the
prescribed oath, he is required to swear that
ne will faithfully support the Constitution and
obey the laws Of the United States, and will,
10 the best Of his ability, encourage others so
! 10 do. This lNr: of tic oath is not cxculpa.
tory, bat promissory. 1t looks to the future,
and not to the past; and the purpose is here
manifest to omit, as to the right to vote, tho
| disqualification from the right to exercise Of
lice. Mere acts of common humanity and
charity cannat be considered as involving he
party IL participation in the rebellion SO.
700, are forced contributions by the rebel au
thoritles, or the compulsory paymon: Of taxes
IN aid Of the rcbnlnns cause 1t would in
| volvc !Ec person. ana it must worl. diSynalih-
cation under this lazy. Voluntary contribu-
tons in iu"'orancc OF the rcl,e loans, and
their organized contribute is Of food or cloth.
ing, or necessary supplies, cxccp! of a strictly
sanitary character, are to b, clnsscl with acts
which disqualify.
TIE BOARD OF REGIsTRATIoN.-- orig
lnal Act contains no provision as to the man
nor and time OF holding an election Of dele
gates to convention, or ratification Of Il con.
stItuion framed by that convention or for
other purposes. The first section of the sup
Elemental Act provides that registration of
voters shall be made before the LIST of Sen
tnmber, 1867. Tho fonrth ond unhscnnont
sections provide for the means by which this
registration is to be elected Tho command.
ing general is directed to appoint as many
boards of registration as may bo necessary,
consisting Of three loyal officers or persons, to
make and complete the registration, supcrin,
tend the election, and mako return to him Of
votes, lists Of voters, anc OF persons elected as
| delegates By plurality Of votes cast at said
/ election and upon receiving said returns, he
shall open the same ascertain the persons
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