FREE BOOKS

Author's List




PREV.   NEXT  
|<   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287  
288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   >>   >|  
al instructions will be given. All vote "aye" except the Secretary of War, who dissents as to the second and third paragraphs. 7. As to disfranchisement arising from having held office followed by participation in rebellion: This is the most important part of the oath, and requires strict attention to arrive at its meaning. The applicant must swear or affirm as follows: "That I have never been a member of any State legislature, nor held any executive or judicial office in any State, and afterwards engaged in an insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof." Two elements must concur in order to disqualify a person under these clauses: First, the office and official oath to support the Constitution of the United States; second, engaging afterwards in rebellion. Both must exist to work disqualification, and must happen in the order of time mentioned. A person who has held an office and taken the oath to support the Federal Constitution and has not afterwards engaged in rebellion is not disqualified. So, too, a person who has engaged in rebellion, but has not theretofore held an office and taken that oath, is not disqualified. All vote "aye" except the Secretary of War, who votes "nay." 8. Officers of the United States: As to these the language is without limitation. The person who has at any time prior to the rebellion held any office, civil or military, under the United States, and has taken an official oath to support the Constitution of the United States, is subject to disqualification. Concurred in unanimously. 9. Militia officers of any State prior to the rebellion are not subject to disqualification. All vote "aye" except the Secretary of War, who votes "nay." 10. Municipal officers--that is to say, officers of incorporated cities, towns, and villages, such as mayors, aldermen, town council, police, and other city or town officers--are not subject to disqualification. Concurred
PREV.   NEXT  
|<   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287  
288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   >>   >|  



Top keywords:

States

 

United

 
rebellion
 

office

 

Constitution

 
person
 

engaged

 

officers

 

support

 

disqualification


Secretary

 

member

 
subject
 

disqualified

 
judicial
 
legislature
 
executive
 

enemies

 

official

 

officer


Concurred

 

comfort

 
thereof
 

insurrection

 

language

 

dissents

 
limitation
 

Officers

 

military

 

theretofore


unanimously

 

paragraphs

 

instructions

 

aldermen

 

mayors

 

council

 

police

 
villages
 

Federal

 

Militia


Municipal

 

cities

 
incorporated
 
mentioned
 

requires

 

strict

 

attention

 
Congress
 

important

 

arrive