Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-05-28

Federal officers, and executive or judi
cial officers No. legislative officer II
mentioned except member OF a State
Legislature or a member OF Congress
| The descriptions used as TO other officers
are as to State oficers They must be
| judicial or executive, and as to Fede
raj officer the terms executive or judi
oial" are not expressed He is described
simply as an officer Of the United States.
The officers of the militia ola State are
not included in these terms Of descrip-
ton, else the act would have included
civil or military officers of the State.
For in the third section Of the Constitu-
tional amendment known as article
fourteen, Congress expresses that
purpose very clearly. That section is
expressly referred TO more than once
in these acts. 1t is a matter of fact,
that a part of these acts in its language
is followed word for word in these quail
flying clauses, as far as possible except
in the particular in which one is made
to apply TO the eligibility, and the other
to the right TO vote. When, therefore,
we find Congress, Tin declaring what
persons shall be disfranchised from hold
ing any oifice) expressly includes mill
tary as we'll as civil officers, as in the
third section referred to, and in pro-
viding what persons shall be disfran-
chised from voting, who held any office,
omits to mention military officers, We
cannot escape the conclusion that mill
tary officers were not within their con-
temptation.
1t must be borne in mind we are here
considering the class of military officers
who were such prior to the rebellion,
when the officers were loyal and known
as officers of the militia, not that class
who became military officers during the
rebellion. This last class comes under
that wider class of disqualification which
applies to participation in the rebellion.
AS to the civil officers DISTINGUISHED, the
clause fairly includes all State officers,
Governor, Lieutenant Governor, State
Auditor, Treasurer, Secretary of State
and the officials proper, who exercised
executive functions at the seat of Gov
eminent. am not prepared to say that
only these proper State officials come
within the terms of this description, nor
am prepared, as to judicial officers of
State, to limit the description to judges
of courts whose jurisdiction extends
the entire State. must con-
tent myself by saying they are clearly
within the meaning OF the law. Munich
pal officers do not come within the pro-
visions of the act Subordinate officers
Of legislature who are not members do
not come within its provisions.
AS to county, township and precinct |
officers, he reserves an opinion whether
all of them or not all of them come
within disqualification. All other ex.
ecutive 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 continuing official duty, do not come
within the law as, Boards of Commits
sloners of Public Works, Directors of
State Asylums, Visitors of the State
Universities, Directors Of State Peniten-
tiaries, State Directors of Banks, or
other corporations, State Commissioners,
etc. But all persons who as executive
Or judicial officers of any State, who have
aiken an oath to support the Constitu-
ton of the United States, are clearly |
lisfranchised. All persons who during |
The rebellion acted in an official capacity,
whose 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 Off
Gals whose duties more especially ap
pertained to the support of the rebel
cause, come within the terms of exclu-
sion. Officers in the rebel States, who,
during the rebellion, discharged Official
duties not incident to the war, but in
of order and the admins
tration of law, are not to be considered |
IS thereby engaging in rebellion. The |
interests of humanity require the per-
Torrance of such duties, and they can |
never be considered as criminal.
Mr.. Stanberry is satisfied that the |
language used in the act, as to partici- |
patton in the rebellion, carries with it
the idea of voluntary participation, and
that Congress used in this sense the |
words engaged in some direct overt |
act, done with intent to further the re-
bellion," it does not necessarily bring |
the party within the purview and mean
ing Of the law, that he merely held dis
loyal sentiments, or used disloyal ex-
pressions.
These are not sufficient. The person |
applying for registration is not required |
to clear himself from the faint of disloy- |
atty. The meaning of Congress becomes
vet more evident when we look at the |
last clause of the prescribed oath. He is |
required to swear that he will faithfully |
support the Constitution and obey the |
laws of the United States, and will, to |
the best Of his ability encourage others |
to do SC" This provision looks to the |
future and not to the past and the |
purpose is manifest as to the right to |
vote from disqualification arising from |
past disloyalty. But in the test oath, as |
from holding Office, mere |
acts Of common humanity and charity !
cannot be considered as involving the !
party in participation in the rebellion.
So too in regard to forced contributions |
to the rebel authorities, or compulsory |
payment Of taxes in aid Of rebel arms. |
But whenever an act is done voluntarily |
in aid Of the rebel cause it would in
volve the person and work disqualica-
ton under the law. Voluntary contri- |
button in furtherance of the rebellion or
to the rebel loan, and
even organized contributions of food or
or necessary supplies, except Of
a strictly sanitary character, are to be
classed with acts which disqualify.
The duties aud powers of the Board Of
Declaration aro a1varfad m The adj I
of any other oath, than the
one provided in the act, would be extra
judicial and without autho rity, and false