Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-31
DisfrnnchiSc1ment.

Disfrnnchiscment.
l come to consider what is the meaning
and scope of the disqualification arising upon that
part of the oath which requires the person to state
that he has not engaged in instruction or re-
bellion against the United States, or given aid or
comfort to the enemies thereof" must here
peat what has been said before, that to work dis
qualification two clements must concur:
First. Holding tho designated Office, State OF
Federal, accompanied by official oath to sup
port the Constitution of the United States and,
Second. Engaging i'll rebellion against the Uni
ted States. or giving aid o. comfort to its enc
mics. Both these must not only concur, but they
must concur i'll the order OF time mentioned
First, the Office and the oath, and /" afterward "
engaging in rebellion OF giving aid or comfort
A person who has held al Office within the mean
ing of this law, and has taken the official oath. and
who has not OtterlCdrd participated Ill rebellion,
may very safely take this oath ; and so, too, the
person who has fully participated in the rebellion,
but has not prior thereto held Office and taken
the official oath, may with equal safety take this
oath.-Mr. Sdnde1y$ Opinion.
We have so frequently referred to the
fact that it requires ttcO acts to disfranchise
person by operation of the Reconstruc
ton Act, and the words of the oath to be
taken before registration are SO explicit up
on this point, that we would deem further
reference to be useless, were we not aware
that many persons have been misled by a
hasty or partial reading of the opinion of
the Attorney General.
The party applying for registration must
swear " that L have never been a member
of any State Legislature, nor held any exc
cutive or judicial office in any State, and
afterr0rG engaged in insurrection or re-
bellion against the United States, or given
all or comfort to the enemies thereof; that
have never taken an oath It's u member of
the Congress of the United States, or as an
officer of the United States, or as member
of any State to support the Constitution of
the United States unH ufterrmW engaged
in instruction or rebellion against the Uni
| ted States, or given aid or comfort to the
enemies thereof" In both sections of the
oath the connective ajuS is used, not the
alternative or, SO that the person must fall
under the double disqualification to be af-
| fected by the act. 1t makes no difference
how often d person may have been a NOM
Der of the Legislature or Congress, or how
| frequently he may have taken all oath to
support the Constitution of the United
States as an executive or judicial officer of
State, or as an officer of the United States,
| if he did not utermu1U engage i'll the late
war, or give aid or comfort to those who
did, he is in no way disqualified, and there
can be no objection, moral or political, to
his taking the oath.
On the other hand, 1t makes no differ
ence how much IL person may have en-
~, oi,,
fort to those who did, this fact does not
disfranchise him, unless lrcoious to the
war he had taken an oath to support
the Constitution of the United States us IL
member of the Legislature or as an exec
utive or judicial officer of a State, or as an
officer of the United States. The Confed-
crate officer or soldier who responded to
the cali of Governor ELLIS i'll April, 1861,
and surrendered with General LEE in April
1865, is not deprived from voting, unless
he had, precious to such enlistment, taken
the oath of office in one of the prescribed
positions already designated, nor will the
most veteran member of the Legislature
be DISTINGUISHED unless he urierrmU en-
gagged in the war, Or gave aid or comfort
to those who did.
1t then becomes IL matter of Interesting
and important enquiry, "What is meant
by engaging in the recent war and gicjng
aiG or comfort to those who did ?" Ac-
cording to Mr.. STANBERY, " engaging in
instruction does not apply to conscripts
who are presumed to have been forced
Persons, however, may have engaged in
the war without having actually levied
war and voluntarily taken up arms, such
as those who, as Legislators OF in other
official positions, were engaged in the fur
therance of the war, or those who, in their
individual capacity, have done any overt
act for the purpose of promoting the war;
and also, such persons who, during the
war, acted in an official capacity where
the duties of the Office necessarily had re-
lation to its support,-such as members of
the Legislatures, Conventions and Con-
gress during the war, diplomatic agents of
the Confederate States, OF such other Off
Gals whose duties more especially apper
tanned to the support of the Confede-
rate cause. Officers, whether judicial or
executive, engaged in the preservation of
order and enforcing the civil law, are not
thus embraced, for, says the Attorney
General, "The interests of humanity re-
",quire such officers for the performance
" of such official conduct in time of war
'for instruction as we'll as in time of
"peace, and the performance of such du-
I" ties can never be considered as crimi-
nal"
So rauch for official participation. In
diYidual participation is q different matter.