PUBLIC DOCUMENTS. 



066 



deem it proper to give the exact words. The appli- 



r MI- uil'mii as follows: 

 "Th. i 1 I have never been a momber of any State 



nor In-Ill any eveuilve nr judicial f!iee 



I ill an in 



limi in- i-i-lii-llion against tin- I'mii-il Si.ii.--i, Of 

 i !n- enemies Ilii-n-nl'; lli.it I 



:lll US il III 1-1 II her of Congl-CHM of the 



1'mted Stale-, in- as an ollieer of the l.'nil-il State-, 



a member of any State Legislature, or as an 



[ficer of any State, to support 



(In- Constitution of the I'nited States, and afirr- 

 vard engaged in insurrection or rebellion a 

 ilie United Staie>, or given aid or comfort io tlu: 



enemies (hereof." 



T\\o elements must concur in order to disqualify a 



D under these clauses: First. The office and 



uMici.il oath to support tin- Constitution of the United 



ond. Engaging afterward in rebellion. 



Both nuist exist to work disqualification, and must 



happen in the order of time mentioned. 



A person who has held an office and taken the 

 io support the Federal Constitution, and has 

 not afterward engaged in rebellion, is not disquali- 

 fied, s.i, too, a person who has engaged in rebel- 

 lion, but has not theretofore held an office and taken 

 that oath, is not disqualified. 



nilieers of the United States. 

 these the language is without limitation. 

 The person who has at any time prior to the re- 

 bellion held any office, civil or military, under the 

 United St. ites, and has taken an official oath to sup- 

 port the Constitution of the United States, is subject 

 to disqualification. 



1 litary officers of any State, prior to the rebel- 

 lion, are not subject to disqualification. 



In. .Municipal officers, that is to say, officers of in- 

 corporated cities, towns, and villages, such as may- 

 ors, aldermen, town -council, police, and other city 

 or town officers, are not subject to disqualification. 



11. Persons who have, prior to the rebellion, been 

 members of the Congress of the United States, or 

 members of a State Legislature, are subject to dis- 

 qualification ; but those who have been members of 

 conventions framing or amending the constitution 

 of a State, prior to the rebellion, are not subject to 

 disqualification. 



!_'. All the executive or judicial officers of any 

 State, who took an oath to support the Constitution 

 of the United States, are subject to disqualification, 

 and in these I include county officers, as to whom I 

 made a reservation in the opinion heretofore given. 

 Aft -r full consideration I have arrived at the conclu- 

 sion that they are subject toidisqualification if they 

 were required to take, as a part of their official oath', 

 the oath to support the Constitution of the United 

 States. 



!".. Persons who exercised mere agencies or em- 

 ployments under State authority are not disqualified : 

 such as commissioners to lay out roads, commission- 

 era of public works, visitors of State institutions, 

 rs of State banks or other State institutions, 

 examiners of banks, notaries public, commissioners 

 to take acknowledgments of deeds, and lawyers. 



KXGAGIXQ IN' REBELLION'. 



Having specified what offices held by any one 

 prior to the rebellion come within the meaning of 

 the law, it is necessary next to set forth what sub- 

 sequent conduct fixes upon such person the offence 

 of engaging in rebellion. I repeat, that two things 

 must c\; i as to anv person to disqualify him from 

 voting: first, the office held prior to the rebellion, 

 and, afterward^, participation in the rebellion. 



i I. An act to fix upon u person the offence of en- 

 gaging in rebellion under this law must bean overt 

 and voluntary act, done with the intent of aiding or 

 furthering the common unlawful purpose. A person 

 forced into the rebel service by conscription, or un- 

 der a paramount authority which he could not safely 



disobey, and who would not bare entered such Mr- 

 vice if left to the free exercise of his own will, cannot 

 be held to be disqualified from voting. 



;icts of charity, \vln-iv the n,t i ; t | 



lii-ve the wants of tin- object of Mich ch.irii -. . and not 

 done in aid f the c;iuse jn which he may have been 

 ed, do not disqualify ; but organized contribu- 

 tions of food iind clothing for the general n 

 pi-r-niiH engaged in the rebellion, ana not of a i 

 .sanitary character, but contributed *o enable lii 

 pi vioriii their unlawful object, may be classed with 

 acts which do disqualify. 



Forced contributions'to the rebel cause, in the form 

 of taxes or military assessments, which a person may 

 be compelled to pay or contribute, do not disqualify ; 

 but voluntary contributions to the rebel cause, even 

 sucli indirect contributions as arise from the volun- 

 tary loan of money to rebel authorities, or purchase 

 of bonds or securities created to afford the means of 

 carrying on the rebellion, will work disqualifica- 

 tion. 



M. All those who, in legislative or other official ca- 

 pacity, were engaged in the- furtherance of the com- 

 mon unlawful purpose, where the duties of the office 

 necessarily had relation to the support of the rebel- 

 lion, such as members of the rebel conventions, con- 

 gresses, and legislatures, diplomatic agents of the 

 rebel confederacy, and other officials whose offices 

 were created for the purpose of more effectually car- 

 rying on hostilities, or whose duties appertained to 

 the support of the rebel cause, must be held to be 

 disqualified. 



But officers who, during the rebellion, discharged 

 official duties not incident to war, but only such du- 

 ties as belong even to a state of peace, and were ne- 

 cessary to the preservation of order and the adminis- 

 tration of law, are not to be considered as thereby 

 engaging in rebellion, or as disqualified. Disloyal 

 sentiments, opinions, or sympathies, would not dis- 

 qualify, but where a person has, by speech or by 

 writing, incited others to engage in rebellion, he 

 must come under the disqualification. 



17. The duties of the board appointed to superin- 

 tend the elections. 



This board, having the custody of the list of regis- 

 tered voters in the district for wh'ich it is constituted, 

 must see that the name of the person offering to vote 

 is found upon the registration list, and if such proves 

 to be the fact it is the duty of the board to receive 

 his vote. They cannot receive the vote of any per- 

 son whose name is not upon the list, though he may 

 be ready to take the registration oath, and although 

 he may satisfy them that he was unable to have his 

 name registered at the proper time, in consequence 

 of absence, sickness, or other cause. 



The board cannot enter into any inquiry as to the 

 qualifications of any person whose name is not on the 

 list, or as to the qualifications of any person whose 

 name is on the list. 



18. The mode of voting is provided in the act to 

 be by ballot. The board will keep a record and poll- 

 book of the election, showing the votes, list of voters, 

 and the persons elected by a plurality of the votes 

 cast at the election, and make returns of these to the 

 commanding general of the district. 



19. The board appointed for registration and for 

 superintending the elections, must take the oath pre- 

 scribed by the act of Congress, approved July _', 



entitled "An act to prescribe an oath of office." 

 I have the honor to be, with great respect, 



IICNKV STAXBEKY, Attorney-General. 



Message of the Prcxl'la.t in ansicer to inquiries 

 of the Senate, July 15, 18G7. 



To the Senate of the Fniied States : 



I transmit herewith reports from the Secretary of 

 War and the Attorney -General, contain! ng the infor- 

 mation called for by the resolution of the 3d instant, 



