Year: 1867

a Legislature are expressly distinguished
from each other, for they require consti-
tuition to be framed by convention and
require the Legislature of the same State to
adopt the constitutional amendment, when
then, in the same acts, they again use the
phrase, Legislature of the State, they must
be understood to use it in the same sense
and distinguished from a constitutional
convention.


But as to those Legislatures which passed
what are called ordinances of secession, /
am of opinion their members are properly
comprehended within this disqualifying
clause, for | can imagine no official legisla-
tive position IN which the duty of allegiance
was more distinctly violated.


A more difficult inquiry is who is to be
considered an officer of the United States or
an executive or judicial officer of any State.
Various classes of officers are intended;
State officers and Federal officers and execu-
tive for judicial for legislative representa-
tives mentioned except members of the
States Legislature, or members Of Congress,
the persons shall be disfranchised from
voting who held any office, and omits to
mention it to the military officers. We
cannot escape the conclusion that military
officers were not " Thin their contemplation.
1t must be borne in mind that We are con
sidering class of military officers who
were such prior TO the rebellion, when office
was loyal, and known as officers of the
militia, not that class who becams officers
during the rebellion.


This last class comes under that other
class of disqualifcations which applies to
participation in the rebellion. As to civil
officers disfranchised, the clause fairly in-
cludes all State officers, Governor, Lieuten-
ant Governor, State Auditor, Treasurer
Secretary, and all State officials proper who
exercised executive functions at the seat of
government.


| am not prepared to say that only these
proper State officials come within the terms
of description, nor am | prepared as to ju-
diciai officers of State to limit the de-
scription to judges or courts whose iuris-
diction extends throughout the entire State.
must content myself by saying they are
clearly within the meaning of the Mw.
Municipal officers do not come within the
provisions of the act Subordinate officers
of Legislature, who were not members,
do not come within its jurisdiction. As to
county, township and precinct officers, he
reserves his opinion whether all of them,
or not all white classes of them, come within
disqualification. All other executive or
Judicial officers, except county officers, come
within the meaning of these laws.


Persons who exercise special public du-
ties, rather in the nature Of occasional em~
ployment than as a general and continuous
off nj al Iufxr HNp1f 81
as Boards of Commissioners on Public
Works, Directors of State Asylums Wis.
itors of State Universities, Directors of
State Penitentiaries, State Directors of
Banks or other corporation special COM
missioners, etc; but all persons who, as
executive or judicial officers Of any State,
have taken an oath to support the constitu
tiOn of the United States, are clearly dis
franchised.


All persons who, during the rebellion
acted in an official capacity, where the du-
ties of the office necessarily had a 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 officials whose duties
more especially appertained to the support
of the Rebel cause, come within the terms
of exclusion.


Officers in the Rebel States who during
the rebellion discharged official duties not
incident to war, but in preservation of order
and the administration of the law, are not
to be considered as thereby engaging in
rebellion. The interest of humanity re-
quire the performance of such duties, and
they can never be considered as criminal


Gen. Stanberry is satisfied that the lam
guage used in the act as TO participation in
the rebellion carries the idea of voluntary
participation, and that Congress used in that
sense the word engage" Some direct
overt act done with intent to further the
rebellion is necessary TO bring the party
within puryiew, and, in the meaning of the
law, merely such disloyal sentiments or
expressions are not sufficient That the
person applying for registration is not
required to clear himself from the taint of
the disloyal meaning of Congress, becomes
yet more evident, when we look at the last
clause of the prescribed oath. He is re-
quired to swear that he will faithfully sup
port the constitution 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, as to the right to vote, the disquali-
fed arising from past disloyalty, or put in
test oath as disqualification from hold
ing office.


Acts of common humanity and charity
cannot be considered as involving a party
in participation in the rebellion; 80 too
with forced contributions to the Rebel au-
thOrities or compulsory payment of taxes
in aid of Rebel arms but whenever the
act is done voluntarily in aid of the Rebel
cause, it would involve the person and
work disqualification under the law.


Voluntary contributions in furtheranee
Of the rebellion, or subscriptions to Rebel
I5ans, and even organized contributions Of
food or clothing, or necessary supplies, ex
cept of a strictly sanitary character, are to
be classed with acts which disqualify the
duties and powers of franchise


The Board of Registration are adverted
to the administration of any other oath
than the one provided in the act, it would
be extra judicial and without authority,
and false swearing could not be assigned as
perjury on such an unauthorized oath.


The oath in the act is the sole and only
test of the qualifications Of the.applicant
if he take it his name must go TO the reg
lister. The Board cannot enter an inquiry
whether he has sworn falsely at election
the duty of the board is simply to receive
the votes of registered persons and reject
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