Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-28
VOL. XXXIV.

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military officers were not within their con-
temptation. 1t must be borne in mind that
we are here considering a class of military
officers who were such prior to the rebel
lion, when their Office was loyal, and known
as officers of militia, and; not that class
who became military officers during the
rebellion. This last class comes under that
under-class of disqualification which ap-
plies to participation in the rebellion. As
TO civil officers disfranchised,, the clause
fairly includes all State officers, Governor,
4 Lieutenant 1 Governor. State Auditor, Treas
urer, Secretary of State, official proper,
who exercised the Executive functions at
the seat of the Government a'afr1aH
am not prepared to say that only these
\ proper State officials come within the forms
.fof description or am l. prepared ais to Ju-
dicial officers of a State to limit the des-
cription to Judges or Courts whose juris-
ldiction extends throughout the whole State.
must content myself by saying that they
are clearly within the meaning of the law.
Municipal officers do not come within the
provisions of the act to subordinate officers
4 of a Legislature who were not members,
and do not come within its provisions. As
! to county,, township and precinct officers,
| he reserves his opinion whether all of them
or not all white classes of them come with
in the disqualification. All other Execu-
tive and Judicial officers, except county
officers, come within the meaning of these
laws. -" ;a.g't's'' - .-s' aI fa' 80 "fss
t Persons who exercise special public du-
ties, rather In the nature of occasional en-
ployment that general and continuing Off
cial duty. do not come within the law; such
as Boards of Commissioners of Public
Works, Directors of State Asylums, Visit
|ors of State Universities, Directors of State
Penitentiaries, State Directors of Banks or
other corporations, Special Commissioners,
&C.; putall persons who. as executive or
Judicial officers of any State, who have
taken the oath to support the Constitution
of the United States, are clearly disfran-
chised. All persons who, during the re-
be1lion, acted in an official capacity where
the duties of office necessarily had relation
to the support of the rebellion, such as
members Of the rebel Congress and rebel
conventions, diplomatic agents of the rebel
Confederacy, or such officials whose duties
more especially appertained to the support
of the rebel cause, come within the terms
of the exclusions. 'etl no 30
Officers in the rebel States who, during
the rebellion, discharged official duties not
incident to war, but in preservation of Or
der and administration of law, are not to
be considered as thereby engaging in the
rebellion. The interests of humanity re-
qnire the performance of such duties, and
they can never be considered as criminal.
Mr.. Stanbery is satisfied that the language
used in the act as eX-participation in re-
bellion, carries the idea of voluntary par
Eticipation, and that Congress used in this
sense the word ''engage." Some direct
eFerG act done with intent to further the
rebellion is necessary to bring the party
within the purview and meaning of
the law; merely disloyal sentiments or
eX pressions are not sufficient. The per-
son applying for registration is not
required to clear himself from the
taint of disloyalty. The meaning of Con-
Qui6nnt w VIZ
look at the last clause of the prescribed
oath, he is required to swear he will faith
fully support the Constitution and obey
the laws of the United States, and will, to
the best of his ability, encourage others to
do so. This provision looks to future and
not the past, and the purpose is manifest to
omit, as to the right to vote, the disquali-
,fication arising from the past of the dis
loyal, put in the test oath, as disqualifica-
tion from holding office. Mere acts of COM
mon humanity and charity, can't be con-
sidered as involving the party in partici-
patton in rebellion. So, too, with forced
contributions to rebel authorities to compul-
sorry payment of taxes in aid of rebel arms,
but whenever the act is done voluntarily in
aiG of rebel cause, it would involve the
person and work kdisqualificatio under the
law. Voluntary contributions in further
ance OF the rebellion or subscription to the
rebel loan, and even organized contribu-
tions of food and clothing, or necessary
supplies, except of strictly sanitary char
acter, are to be classed with acts which dis
qualify. The duties and powers of the
Board of Registration are adverted to. The
administration of any other oath than the
one provided in the act would be extra
judicial and without authority, and false
swearing could not be assigned as perjury
upon such unauthorized oath.
The oath in the act is the sole and only
fest of the qualifications Of the aDnlipant
and if he takes it his name must go on the
register. The Board cannot enter upon
the inquiry whether he has sworn truly or
falsely. At the election the duty of the
Board is simply TO receive the votes of reg
istered persons, and reject all others.