The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-05-28

| NJ legislative OHlctT ls mcutloucu, cA
cept a member of the State legislatur
or member of Congress. The descrip
tiOns used as to other officers, are, as Il
State officers, they must be judicial o
executive, and rs to q federal officer, tn
terms executive or judicial, are not ex
pressed. He is described simply as al
officer of the United States. Officer
of the militia of State are not in
cluded in these terms of description
else the act would have included civi
or military officers of the States, for il
the third section of the Constitutions
amendment, known as article IA, Con
eress expresses that purpose very clear
ly. That section is expressly referred
to more than once in these acts, and Ii
made in fact part of those acts. 1t
language is followed word for word il
these qualifying clauses as tar as posi-
BILE, except in the particular in which
one is made to apply to eligibility ant
the other rights to vote. When, there
fore, we find Congress declaring wha
persons shall be disfranchised from
holding any office, expressly including
military as well as civil officers, as il
the third section referred to, and in pro
viding what persons shall be disfran
chiscd from voting who held any office
it omits to mention military officers; We
cannot escape the conclusion that mil
itary officers were not within their con.
temptation. 1t must be borne in mind
that we are here considering class OF
military officers who were such prior to
the rebellion, when the Office was loyal,
and known as officers of militia; not
that class who became officers during
the rebellion. This last class was under
the clauses of disqualification which ap-
plies to participation in the rebellion.
AS to the civil officers disfranchised, the
clause fairly includes all State officers,
Governor, Lieutenant Governor, State
Auditor, Treasurer, Secretary of State,
officials proper, who exercised execu
tive functions at the seat of govern
ment. am not prepared to say that
only these proper State officials come
within the terms of description, nor
am prepared as to official judicials of
a State to limit the description to
judges of courts whose jurisdiction ex.
tend throughout the entire State.
must content myself by saying they are
clearly within the meaning of the law.
Municipal officers do not come within
the provisions of the act. Subordinate
officers of a Legislature, who are not
members, do not come within its pro-
visions. As to county, township, and
precinct officers, he reserves his Opin-
ion whether all of them, or not all,
which classes of them come within dis
qualification. All other executive or
judicial officers except county officers
come within the meaning of these laws.
Persons who exercise special public
duties rather in the nature of occasional
employment, than general and continu-
ing official duty, do not come within
the law, as boards of commissioners of
public works, directors Of State Asy-
lums, visitors of State universities, di-
rectors of State penitentiaries, State
directors of banks or other corporations,
special commissioners, &c; but oil per-
sons who as executive or judicial Off
GERS of any State, have taken the oath
to support the Constitution of the
United States. are clearly disfranchised.
All persons who, during the rebellion,
acted in an official capacity, where the
duties of Office necessarily had relation
to the support of rebellion, such as
members of the rebel Congress and
relel Conventions, diplomatic agents Of
therebel Confcderacy, or such officials
whose duties more especially appertain-
ed 70 the support Of the rebel cause,
cone within the terms of exclusion.
officers in the rebel States, who dur
Ing the rebellion discharged official dn-
tie, not incident to the war, but in the
preservation of order and the admins
tration of the law, arc not to be con-
sidered as thereby engaging in rebel
lion. The interests of humanity require
the performance of such duties, and
they can never be considered as Grim
inal.
Mr.. Stanbery is satisfied the language
used in the act as to participation in the
carries the idea of voluntary
participation, and that Congress used in
this sense the word engaged" Some
direct overt act, done with intent to
further the rebellion, is necessary to
bring the party within the purview and
meaning of the law. Merely disloyal
sentiment, or expressions are not suf-
ficient. The person applying for regis
tration is not required to clear himself
from the taint of disloyalty. The
meaning of Congress becomes yet more
evident when we look at the last clause
of the prescribed oath. He is required
to swear he will faithfully support the
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 the future and
not to the past, and the purpose is
manifest to omit in the right to
vote the disqualification arising from
past disloyalty, but in test oath
as a qualification from holding office,
mere acts of common humanity and
charity cannot be considered as involv-
ing the party in participation in the
rebellion. So, too, with forced c0ntri-
buttons to the rebel authorities, or COM
pulsory payment of taxes III aid or rebel
arms; but whenever an act is done vol
in aid of the rebel cause, it
would involve the person and work dis
qualification under tie law. Voluntary
CONTRIBUTORS III lul thCiduNC Va thO ~
bellion or subscriptions, contributions
of food or clothing or necessary supplies
except of a strictly military character,
are to be classed with acts which dis
qualify. ;,
The duties and powers Of tue Beard
of Registration are advertcd to. The
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
periury upon such unauthorized oath.
The oath in the act is the sole and only
test of the qualifications of The appli-
cant: if he takes it, his name must go on
the register. The Board cannot enter
upon an inquiry whether he has sworn
truly or falsely. At the election the
duty of the Board is simply to receive
the votes Unregistered persons, and re-
ject all Others.
The Christian IatelligeHcr says: Its
time for the people to give thought for