Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15


vision of tho Constitution of tho
United States rs to treason against
the United States, does not declare
what shall be punishment on con-
yictlon OF trcasOn-thnt is left for
Congress, with limitation that cor
ruption of blood shall not follow as
consequence, or any forfeiture OK
ccpt during life Of party, Congress-
in exercise OF its power TO declare
punishment, has limited such pun
ishmcnt, as u consequence Of cop,
viction, to penalty OF death or i'm
prisOnmcnt, freedom of slaves Of
party, and to disqualification from
holding any Office under the United
States. | am not advised of any
statute now in force in either Of
these ten States, except, perhaps,
Virginia, which declares Cisfrar--
chisemcnt rs TO the right Of suffrage
by force OF Che act itself. Tho fourth
and fifth sections may be considered
together. The party applying for
registration must swear that, "I
have never been member of any
State Legislature, nor held any cX-
ccutivc or judicial office many State,
and afterwards engaged in insur-
rection or rebellion against tho
United States, or given aid or COM
fort to the enemies thereof; that l
have never taken an oath rs men,
Der Of Congress the United States,
or us an officer of the United States,
or as member Of any State Lcgis-.
laturc, or as an executive or judicial
officer of any State to support the
Constitution Of the United States,
and afterwards engaged in insur-
rcction or rebellion against tho
United States, or given aid or COM
fort to enemies thereof" These
clauses of oath in effect extend dis
franchisemcnt beyond the provis-
ions Of tho original act, and the
prior clauses Of the oath itself in tho
important particular that neithcr
conviction nor judgment of court,
nor IN express legislative enactment
is required to establish the fact of
disfranchiscment in legal parlancc.
Disiianchiscmcnt, under the clauses
of the oath, results from matters in
pois. In one respect these cluses
limit the generality of the orissibat
act as to disfranchiscmcnt tho
original act contcmpIatcs disfran-
chisemcnt arising from participation
in the rebellion, whereas disfran-
chisemcnt under these clauses do,
not arise from participation in the
rebellion alone, but other elements
must concur; that is to say, holding
certain offices or taking official oath
by certain officers, and afterwards
participating in the rebellion against
the United States. Considcratian
Of the clauses leads to two distinct
subjects matter of inquiry. First,
what offices or officers are compre-,
hcndcd. Second, what acts amount
to engaging in insurrccton or re-
bcllion against the United States, or
giving aid or comfort to the enemies
thereof. will first consider what
offices or officers are comprehcnded,
AS to somo of the officers there is
no room for doubt-mcmbcrs Of
State Legislatures and members Of
Congress are clearly enough dcsig-
mated, Question might, however,
arise whether u convention held in
q State for framing or amending its
constitution would answer to tho de-,
scription Of a State Legislature
within the moaning ofthe act. Such
convention, although clothed with
Legislative poweS cannot properly
be dcnominatcd a State Legislature,
and in the acts now under considc-
ration u convention and legislature
are expressly distinguished from
ea-h other, for they require the con-
stitution to be framed by a conven-
ton they require the Legislature
Of the same State to adopt the con-
stitutional amendment. When, then
in the same acts they again uso the
phrase Legislature Of the State, they
must be understood to use it in tho
same sense, and as distinguished
irom II constitutional convention,
but rs to those legislative bodies
which passed what are called ordi-.
nanccs of secession, q by whatever
name they may havSbccn called, l
am Of opinion that the members arc
properly comprehended within this.
disquaIifying clause, for | can mag
inc no official legislative position in
which the duty Of allegiance was,
more distinctly violated. Next and
more difficult inquiry is, who is to
be considered an officer of tho Unit
! co States or executive or judicial
officer of any State within meaning
of these clauses. Various classes of
officers are hero intcndcd-State of.
ticcrs and Federal officers, and ex-
ccutive and judicial otficcrs-no leg
islative officer is mentioned except
members of the State Legislature or
members of Congress. The descrip-
tiuns used as TO other offices are as
to State oillcers-that judicial are
not expressed. He is described sim
plv as an officer ofthc United States.
il has been shown that Federal Off
GERS and State officers are classlfied
separately in clauses of the act un-
der consideration. | deem it profit
able and conducive to a clear order
to follow this classification. ] shall
accordingly first consider what State
officers are included in the terms
executive or judicial. This phrase
is twice used in these clauses, with,
the superaddcd description in any
State in the first clause, and of any
State in second clause. think the
controlling term Of descriPs4on, #
there Is any ambiguity in the terms,
must be taken to be the last, for
that is used in the ost cOmprehen-
sive clause as to the very officers
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