The New York herald., 1867-05-27

definition OF treason and NE enemies there meant must
- Zen 70 oe foreign enemies These words originally
nave received that settled Interpretation In the English
and tho American conrts They used in this act
and application when they are mado 70 apply to adher
euce or giving aid and comfort to foreign enemies.
or duty Of allegiance stands upon The same policy of dis
quaincation as engaging in rebellion or civil war
person therefore, who gave aid and comfort TO our
enemies IN the with Great Britain OF 1872 and 10 The
war with Mexico in lS4 would in that particular come
within this clause In laying down this rule do nat
forget that for ceran purposes and in certain sonse
every citizen the rebel during the late rebellion
- thus considered public enemy as IN respect 10 tue
ap,y ~ Gf ns property % capture as prze o. war ana
rebeion which, as TO property declares s liability 70
capture forfeiture conscaon when used in aid OF the
late rebellion But wherever, in any OF these acts OF
Congress- these ssaid and oomforsn used in
any other than the commonly received scceptaton,
apply 70 the robellion' NeSerthesess although /
strongly incline to think that the aid and
comfort here mentioned should strictly be confined
70 ts acknowledged legal Interpretation am not quite
prepared 10 say that Congress may have used it
applicable 70 the rebellion. shall therefore, allow II
due weight IN the next inquiry In giving construction
70 the clauses now 70 be considered. We now to
inquire what s meant by engaging in insurrection or
,e,~a o. sgan the United ssse The force OF sne
pass conduct and voluntary rather than compulsory
action Take a. an instance Iebc soldier compelled
instance the case or slave, who by command OF his
MASTER by military ORDER has served in The ranks or
Be an abuse Of language % hold .hat IN these instances
the parties had engagedn n rebellion within the moan
ing q that wosd as used 10 .hs law Bs while n my
other military service 10 not ncodedy does follow
that other classes than those who actually levied
voluntarily Joined the ranks OF che rebels are to be
Guided Taking II 70 be clear that in the Of this
law persons may have engaged in rebellion without
al those whS in s's legislative Or oser ssr ocs
capacity were engaged in the furtherance Of the
common unlawful purpose or purposes who in their In
hQu AffnuA 49,
pose Of promoting the rebellion, may well be said in
the meaning or this law, to have engaged in rebellion
All persons who during the rebellion acted in On
official capacity where the duties Of the office
sany had relation to the support Of the rebellion such
as momue,s o the reoei congress and rebel conveu-
tons, diplomatic agents OF the rebel confederacy,
snch other officials whose duties especially apper
tanned 70 the support Of the rebel cause be held
in the rebel States who during tho rebellion
discharged official duties not incident to war;
tho administration Of law are not 70 be Considered rs
thereby engaging in rebellion The interests OF human
ity require such officers for tho performance OF such
In time OF peace and the performance Of such duties
can never be considered as criminal ! cannot bring
that such purely civil and necessary Offices involved
incumbent In the guilt Of insurrecton Nothing but
the most cogent language such In the test
oath for lawyers could manifest such purpose the
Supreme Court, in constituting that test oath and in
reference to the clause to which have alluded,
this language -"The third clause applies TO The seeking
acceptance exercise, only OF Offices created for
the purpose Of eec,uay carrying hostilities
but aso Of any Of those offices which required in
every community, whether peace or war, for
the administration Of justice and the preservation
of order find such purpose the use Of any OF che
terms OF the act under consideration am accord
ingy Of the opinion that the holding simple judicial
Office, or otner executive offices public empioyments
as are Of purely civil character such county Offices
municipal Offices and all others OF like nature which
created for the purpose Of more eectuay
ryinR on hoscs and which did not involve the per-
formance Of duties expressly in furheraucs OF the
belion 40 not within the meaning OF this part OF the
OATH x on the ncumoent the guilt Of engaging In the
! now rccur TO what amounts TO Individual par
Ncipaton In the rebellion. In the attempt
intended to be comprehended in the matter OF engaging
in rebellion must show due regard 70 the subject
matter Undoubtedly although every rebsliion against
the United STATES Is comprehsndsd i is The late rebel
lion which almost II not altogether be said to
the proper subject mattsra rebellion which oxtendsd
eleven States Of the Union, involving
years, and maintained by vast military authority
them during It's continuance, excluded them from ali
protection under the lawful government.
,sS ISe ,r Co1sanosa S Of Allegiance when thus ssps
and the breach Of that allegiance, are neces-
sarly modified under such circumstances The
obligation Is less stringent and breach
Of that obligation less reprchensibe than in cases OF
temporary local insurrcction: nor must we forget
that throughout th0rebel States there large
of their population less opposed to the REBEL
lous movement and who yet moro or less neces-
ry h involved n It's support have already said that
the idea OF voluntary participation, and satisfied
that these considerations growing ont OF the Of
the rebellion induced Congress TO use the word engage
in the sense OF voluntary participation When in
surrccon by its continuance and power akos the form
laws over the people within the territory, in
dyidual rights and obligations undergo an
eviiable modification, and the righuul and displaced
authority when it again comes 10 place in
sure accommodate It's actions TO circumstances and
slider many things as rightfully dono which in mere
ciple is recognized by all civilized nations and been
especially enforced in England by statute by the
csons OF courts as carly as the reign OF Henry the
seventh Obedience the de- Jdcto government esab-
lisbed under usurping monarch has been held in
volve subject IN the guilt OF treason 10 the lawful
King
Giving due weight to these well established prnci-
Piles, proceed with the inquiry am OF opinion that
direct overt act, done with the intent To further
the rebellion Is necessary 70 bring the party within the
purvew and meaning OF this law. Merely dsloyai
sentiments expressions not sufficient The person
applying for registration Is required to clear himself
from the taint Of dsioyaiy. The meaning Congress
clause OF the prescribed oath. He is required
that he twill faithfully support the constitution and
obey the laws Of the United States and viii TO the best
OF his ability encourage others to do" This part Of
the oath is not exculpatoy, but promissory. II
looks TO tho future, and not 10 the past,
as to the right 10 vote the ''''s disqusiiacssion
arising from past disloyay put In the test oath
acts Of common humanity and charity cannot be con-
rebellion. 20, Too forced contributions by tn rcbcl
OF the rebel But whenever act s done voun.
tary In aid OF the rebel would involve the per.
and Il would work disqualification undcr this law.
Voluntary contributions in furtherance Of the rebellion
subscriptions TO the rebel loan, and organized
contributions Of food or clothing or necessary supplies
except Of strictly sanitary character. are 70
be classed with acts which disqualify. The
original act contains NO provision As TO the
delegates TO the convention, for the ratification
consultation amed bv that convention or for other pur.
poses Tho first section Of the supplemental act pro.
vides that registration Of the shall be made be-
fore the first Of september, 1857. The fourth aud
subsequent sections Of this oct provide for the means
by which this registration u 70 be effected The com.
manding general s directed ITO appoint many boards
Of registration ~ may Be necessary consisting Of
loyal officers persons, TO mako and complete the
registration. supeEintend the election, and make q
return 70 him Of the votes lists Of vosers and
OF the parsons elected as delegates BY 4
plurality Of the votes cast said election and upop
receiving said returns he shall open the same ascertain
the persons elected delegates according the returns
Of the officers who conducted said election, and mako
proclamation thereof; and majority OF the votes
n question Rhal for 4 ronv enfion The