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OLD SERIES, VOL. LXXVI.
tfluonicle & Sftitinrl.
IIK.VHY mooki:,
A. It. tV 11If> I IT.
TERMS OF »l B»( BIPTIO.N.
WEEKLY.
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A t T Ot T ST GA t
W KBXKBDAY MOKXIX®, JTXK •>.
Lieut W. A. Wright has laid upon
otir la til ft u specimen. of the cotton now
growing on his plantation in Jefferson
county- The cotton is hv Tar the finest we
have seen the stalks measuring fifteen
inches in length. I.t. \V. estimates the
ratio*of the crops of cotton anil corn in his j
neighlxirhood at two-thirds of the former
to one-third ol the latter.
The Daily Opinion.— I The Atlanta
Daily Opinion lias been sold out to the
“Atlanta Republican Association.” As
the Opinion lias been conducted in the in
terest of the Republican party, its political
complexion will remain unchanged; that is
to say, it will advocate the Black Repuhli
cari programme. The name “Little Ifingy,”
as applied by tlie Hens Era , is now more
appropriate than ever.
Jf DOE StaVBEK YH OPINION.--In com
mon, doubtless, withal! our readers, we
confess to a feeling of disappointment in
not getting from the learned Attorney
<icneral an ‘'opinion" as to the power of
the District Commanders under the Mili
tary Rill. W'e bo |si soon to be able to lay
before the leaders of the Chronicle <t Sent i
nel his views upon tliat point. For tlie
present we must lie content to receive Ihe
long, able and, in general, correct
“opinion" as to the persons who are dis
franchised under Hint law. In view of the
great interest which id) our people take in
Uiisiiiiportanl subject, we give tlie opinion
in full to the exclusion of our usnal
variety of reading matter.
Robbery.—The residence of one of tlie
Iklitors of this paper was burglariously
entered, on Saturday evening while the
family were at tea, and a quantity of
clothing belonging to the ladies of the
family, “taken, stolen and carried away.”
Information of the larceny was given to
our eifieienl Chief of I’ollee, with a descrip
tion of the articles stolen, and we are
glad to state that early yesterday not only
were the robbers detected but tlie most of
the stolen property was recovered.
To tlie (‘liiof of Police and his aide as
sistants, we tender our grateful acknowl
edgments for their /.eal, energy and
“skill,” in tracing out this bold robbery
at.il bringing the offenders to the liarof
justice for trial.
The parties concerned in tlie thett are
throe well known villains (freodmon) who
have been recently discharged from
custody for similar acts of lawlessness.
Another Robbery.—The residence on
Broad street, nour the lower market, occu
pied by some of tlie teachers of the colored
schools, win} entered Sunday night by
negroes and clothing and other articles
stolen. The trunk of a Miss Sherman was
taken from tlie house. One of tlie gang
was arrested yesterday, and when ques
tioned as to what disposition lie had made
of the stolen articles, he stated that lie had
presented his sister witli one of the drosses,
and tlmt ho hud given tlie trunk in charge
of another negro who, in turn, stole it
from him. It appears, from •his dis
closures, that there is a regular organized
gang dr thieves, who make it I heir busi
ness to -steal nil within their reach. Our
police oWners have exhibited great elli 1
cieney in ferrettiug out the perpetrators of
those petty robberies.
At a meeting of tlie employees of tlie
Georgia Railroad, held in the Georgia Rail
road MacliinoShop on Saturday, May 25,
at 5 o’clock p. ut., the following resolutions
were passed :
Resolved, That tho thanks of the meet
ing are tendered to tlie (lominittoe of Ar
ratlßSi'n'enM': they have done their whole
duty, and have given universal satisfac
tion.
Resolved, That the thanks of the em
ployees of the Georgia Railroad are hereby
tendered to our worthy Superintendent,
K, W. Cole, for the Use of tlie train anil
other favors granted, thereby making our
day one of enjoyment; also to Gov. ft. W.
Crawford and the Trustees of the Church
fur,the use of ground. Church, Ac ; to M.
Hymns, Mosher A Cos., Mrs. Frederick,
l-;.‘ It. Purcell, Fullerton, Small and
others for favors ; lust, but not least, to
John King, tho I*, 'ti. Barbecue Superin
tendent ; hope that after blackberry-time
be will return to biirbecueing.
Resolved, That a separate vote of thanks
is hereby tendered to tlie ladies composing
the Special t 'em m it tee.
J. K. Macmi rphey,
( liairmati.
City Court. —The regular quarterly
session of this Court commenced on Mon
day, Jtitlgn Snead presiding. Tlie juries,
Grand and Petit, were promptly in at
tendance, and the Court lias organized
with lint very little delay.
Judge Snead delivered a sound and in
structive charge to the Grand Jury, in
which their several duties were clearly
defined and intelligently explained.
Discharged.—John lv Ilayes, the
editor of the Savannah Republican, who
has been confined In Chatham county
jail for some weeks past, fora failure to
pay tlie fine imposts! upon him by Judge
Fleming, for “libeling" the Hon. Solomon
Cohen, lias been discharged from custody.
The following note, which we clip from
the Republican of yesterday, explains the
manner of his release:
Savannah, May iCM, Ist™.—John E.
Hay ks, F.sq. - Den r Sir : You are forth
with discharged from my custody, by ol
der of Governor Jenkins.
Yours, very respectfully,
Waring RrssKi.r.,
Jailor C. C.
A Contrast. —The Central Park Police
of New York, it is well known, wore a
grey uniform while on iluty, hut (ion.
l’ope prohibits the police of Mobile from
wearing a similar uniform. This is liber
ty, is not it ?
KmcATiON of SorriiKitN Girls.—A
society lias boon formed in Baltimore upon
the following basis :
I. The society shall be called “The So
ciety for tln> liberal education of Southern
Female Children," aud shall have for its
members all ladies who will contribute
live dollars per annum toward its support.
11. The object of the Society shall be the
education and support of female children
from the South, whom the calamities of
war have deprived of other means ol'edu- |
cation, and whose families and friends j
shall be willing to entrust them to the So- i
eietv to bo eared for, and educated in the |
religious faith approved by their parents j
or nearest friends.
How to Avoid the Cit- iYoum.—lt
has been said that the cut-worm is pecu
liarly bad in corn planted after an overflow.
The I'btntrrs Router says :
A planter suggests to us that where
ground was plowed aud ready for planting
before the overflow, eoru may be planted
as the water leaves it, in the overflowed
regions, by thrusting it into the mud, even
where the hands wade in the water in
water furrows. The corn comes up
quickly, and is soon out of the way of the
worms. Our informer has tried it and
met with the best success in former years,
where other planters have lost their crops
by the worm. Soaking the corn in lime
water is also said to be a good protection
against the worm.
We have heard tar water recommended.
Keep rr Before the People.— When
you hear a Radical talking about the Mo
bile riot, says a contemporary, poke this
fact in his face: “Not a single colored
man was hurt, and there must have been
three thousand of them on the ground.
In that large A-owd none but white per
sons were bruised, clubbed and shot.
This is conclusive evidence that there was
no attack by white men.''
One dry goods house in Chicago last
year did a business of $9,200,000, and
fifty-eight firm's did a business of over
$1,000,000.
The liOuisviJle Courier says :—“ With
out a single exception, the Jacobin dema
gogues who are engaged in making bully
ing and insulting speeches through the
prostrated and helpless South took good
care to keep away from there while the
w%r was going on. The bully i s nearly
always a coward. ’
Opinion of the Attornej General
ON THE
KKcoiNft I R U C TIO NAC T S.
Washington May 20, p. m. —The At
torney General has prepared the following
opinion upon the clauses of the Reconstruc
tion Act. with reference to voting and
holding office. The provisions reiati e to
the powers and duties of commanding
officers, etc., wiil be considered in a future
opinion.
Attorney General s Office, i
May 24, 1*67. j
The President, Sir :—I have the honor
to state my opinion upon questions arising
under act March 2d, 1367, entitled an Act
to provide for a more efficient government of
the rebel. States, and ictof March 23d, 1867,
entitled "an Act supplementary to an act
entitled an act to provide for a mo re efficient
! government of rebel States,” upon which
i questions of Military Commanders of Dis
tricts in which those States are comprised
have asked your instructions. The lirst
i and most important of these questions may
I be thusstatei: “Who are entitled to vote,
aud who are disqualified from voting at
elections provided for. orcoming within the
provision of these acts ? The first provision
upon thG subject is: to be found in fifth
section of the original act, and declares
| the qualification and disqualification of
| voters for election, to lie held lor delegates
! to proposed constitutional convention in
each State, and for election to be held for
ratification of constitution that may be
framed by such convention. That section
provides that delegates to such convention
shall be elected by male citizens of said
.State, twenty-one years old upward,
of whatever race, color, or previous condi
tion, who have been resident in said Stale
for one year previous to day of such elec
tion, except such as may be disfranchised
for participating in rebellion, or lor felony
at common law, and that same qualifica
tion so required for election of delegates
shall also be required upon election for rat
ification. The proviso to this section also
excludes from right to vote for, delegates
to convention every person excluded
from privilege of holding office by
an amendment to the Constitution
of the United States, proposed by the
Thirty-Ninth Congress, and known as
Article Fourteenth. The sixth section
provides “ that until tho people of tho
said rebel States shall be by law admitted
to representation in the Congress of the
United States, any civil governments which
may exist therein .-ball be deemed provis
ional only, and in all respects subject to the
paramount authority of the United States
at any time to abolish, modify, control or
supersede the same, and in all elections to
any office under such provisional govern
ments, all persons shall be entitled to vote,
and none others, who are entitled to vote
under the provisions of the fifth section of
this act, and no person shall be eligible to
any office under any such provisional gov
ernments who would be disqualified from
holding office under provisions of the third
article, section, of said Constitutional
amendment. It. is to be observed here
that qualification of a voter are, by fifth
section, limited to election of delegates to
the Convention and to question whether
such. Convention shall or shall not be held,
and that no qualification is declared for a
delegate so to be elected, but by sixtli
section same qualifications as to a voter
are required in all elections to any office
under the existing provisional govern
ments during their continuance; and
as to eligibility at such elections
certain classes are excluded. The
lirst section of the Supplemental Act
provides that, “the commanding General
in each district shall cause a registration
to he made of male citizens of the United
States, twenty one years of age and up
ward, residents in each county or parish
in State or States included in his district,
which registration shall include only those
persons who are qualified to vote for
delegates by an original act. The per
son offering himself for registration is
also required to take an oath. For conve
nience, I now divide into paragraphs or sec
tions, preserving as near as may be the lan
guage of the act. He must swear or affirm
as follows: First—That he is a citizen of
the State, and has resided in said State
for ——- months, next preceding day when
he took oath, and that lie now resides in
county of , or in parish of ,
in said State. Second—That he is twenty
one years old. Third —That he has not
been disfranchised for participation in any
rebellion or civil war against the United
States, nor for felony committed against
the laws of any State or of the United
States. Fourth—That he has never been
a member of any State Legislature, nor
held any executive, or judicial office
in any State, and afterward engaged ;
in insurrection or rebellion against the j
United States, or given aid or comfort to I
the enemies thereof. Fisth —That lie has [
never taken an oath as a member of Con- j
gross of the United States or as an officer j
of the United States, or as a member of j
any State Legislature, or as au executive j
or judicial officer of any State, to support |
the Constitution of the United States and j
afterward engaged in insurrection or re-|
bellion against the United States, or given
aid or comfort to the enemies thereof, j
Sixth —That he will faithfully support the i
Constitution and obey the laws of the j
United States, and will, to the best of bis \
ability, encourage others so to do. The \
second section of this Act provides that j
after the completion of this registration in
any State, and after at least thirty days’
public notice of the time and places which
the Commanding General shall appoint, t
and direct au election shall be held for !
delegates to the Convention, and a rule |
is given to fix the number of delegates to be i
elected, and apportionment of their dele- j
gates in proper civil sub-divisions, giving ;
to each sub-division representation in ratio
of registered voters. Third section pro
vides that at elections for delegates, regis
tered voters shall vote for or against con
vention. Fourth section provides for elec
tion to ratify the constitution that may be
framed by delegates, aud right to vote at
this election is confined to persons regis
tered. Sixth section provides that all
elections in States mentioned in said origi
nal act shall, during operation of such act,
Iks by ballot, and all officers making said
registration of voters, and conducting said
elections shall, before entering upon the
discharge of their duties, take an oath pro- |
scribed by the Act of January 2d, ISti2,
entitled “ an act to prescribe an oath of j
office.' The first consideration which re
quires my attention upon the question
as to the right to vote arises upon
the registration of voters, 'flic question
of qualification or disqualification is fixed
by registration ; no power is given to any
other board or any other authority. After
registration is completed, to change regis
try, persons whose names are admitted
to registration are entitled to vote, subject
to the limitations hereinafter mentioned,
and none others. Thus, registration must
be completed before the tirsc day of Sep
tember, 18t’>7. The functions of the board
as a board of registration cannot be ex
tended beyond that fixed time, but after
that, the duties which remain to lie per
formed by the officers composing this
board arc limited to holding and superin
tending elections, and making proper re
turns to the Commanding General. This
brings us to the direct question, who are
entitled to registration ? First, as to citi
zenship, and residence—no person is en
titled to vote who shall not be resident in
the State for one year previous to the day
of election. It is not necessary that his
previous residence fora year should exist at
the time the person applies lor registration:
a person in all other respects entitled to
vote is entitled to registration, although
he has uot at that titue been a resident of
the State for a full year. For we find in
i the Supplemental Act that the oath as to
j residence does not require the applicant to
i swear ho has then been a resident for a
year, but ouly requires ‘ him to state the
number of months of his residence, con- ,
templating a period less than as well as a
j full term of twelve months ; therefore,
j as to such a person so registered if it
| happen at any election subsequently to be
| held, that time of liis residence, counting
, from the day ot election, does not cover an
j entire year he cannot vote at such election,
j for the Supplemental Act does not as
j to residence change the provisions of the
J original act as it is expressly provided by it
; as to registration: that it shall include ouly
those who are qualified to vote by the
| original act. to carry out purposes of law
in this respect as to residence. The board ot
registration should note opposite the name
of the person whose residence has not ex
| tended to full term and the exact time
iof his residence as to citizenship.
Qualification stated in original act. is citi
xensbip of State, but by tirst urst
1 section, in supplemental act of registration
1 is to be madeof male citizens of the L tilted
j States, and as to oath the applicant is
only required to swear that he is a citizen
l of a State. lam of the opinion that the
! phrase citizen of the State, as used in the
! oath, unintended to include only such per
sons as are citizensof the United States and
citizensof a State, aud that an alien whoha.-
notbeemnadeaeitizeuof the I nited States,
cannot safely take the oath; but as a board
1 of registration have only authority to ad
! minister the prescribed oath, they cannot
| require any further oath or proof as to citi
j zenship, and if an alien is not made a citi
zen of the United Suite -and takes the oath,
| he takes it at his peril, and is subject
to prosecution for perjury. Second—as
to age, no one is entitled to registration
who is not twenty-one years of age on the
day he applies for registration. In this re
spect qualification as to age differs from
qualification as to residence, and in fact
that must exist at the date of
registration, his relation to day of regis
tration. and not to day of subsequent elec
tion. Third—next &s to disfranchisement.
I shall consider various clauses of dis
franchisement according to order and divis
ion into section herein before stated, and
first as to general clause declaring dis
franchisement. Fifth section of the origi
nal act denies the right to vote to such
as may be disfranchised for participation
in rebellion, or for felony at common law.
Words here used, in the rebellion, must
be taken to mean recent rebeliioif, but
supplemental act enlarged the disqualifica
tion and requires the applicant?to swear
that he has not beet) disfranchised for
participation in any rebellion or civil war
again-t the United States, nor fordelony
committed against the laws of any State or
tlie United States. What, then, works a
disfranchisement under these provisions—
whether we consider this disability as
arising out of a participation in a rebellion;
or the commission of felony—the mere fact
of participation, or the commission of a
ieloaious offence does not of itself work
disfranchisement. It must he ascertained
by judgment of court, or Legislative act,
passed by competent authority. Dis
franchisement for felony committed against
the laws of a State or the United States,
consequently depends on a conviction in
the courts either of «hc United States, or
of a State, or declared by the laws of
either would be fatal under these acts.
I am not aware of any law of the United
States which works disfranchisement as to
the right of suffrage by force ol act itself,
nor does such consequence follow from the
conviction for treason, or conspiracy to
commit treason, or for any other act of
participation in rebellion. The provision
in the Constitution of the United States as
to treason against the United States, does
not declare what shall lie punishment on
conviction of treason. That is left to Con
gress, with the limitation that corruption
of blood shall not follow as a ‘consequence,
or any forfeiture, except during the life of
the party. Congress in the exercise of its
power to declare punishment has limited
sfich punishment as a consequence ol con
viction to the penalty of death or imprison
ment and manumission of slaves owned by
the party, and to disqualification from
holding any office under the United-States.
I am not advised of any statute law in
force, in either of these ten States, except
perhaps Virginia, which declares disfran
chisement as to the right of suffrage by
force of the act itself. The fourth and
fifth sections may he considered together.
The party applying for registration must
swear, that “1 have never been a member
of any State Legislature, nor held any
executive or judicial office in any State, and
afterward engaged in insurrection or re
bellion against the United States, or given j
aid and comfort to the enemies thereof; ;
that I have never taken an oath as mem
ber of Congress of the United States, j
or as an officer of the United States, j
or as a member of any State Legisla- j
ture, or as an executive or judi
cial officer in any State, to support the
Constitution of the United States, aud
afterward engaged in insurrection or re
bellion against the United States, or given
aid or comfort to the enemies thereof.”
These clauses of the oath, in effect, extend
disfranchisement beyond the provisions of’
the original act, and the prior clauses of
the oath itself, in tho important particular
that neither conviction nor judgment of
court, nor an express legislative enactment,
is required to establish the fact of disfran
chisement. In legal parlance, disfranchise
ment under the clauses of the oath, results
from matters in pan —but in one respect
these clauses .limit the generality of the
original act, as to disfranchisement. The
original act which contemplates disfran
chisement under these clauses does not
arise from participation in rebellion alone,
but other elements must concur —that is to
say, holding certain offices, or taking official
oatli of certain offices, and afterward par
ticipating in rebellion against the United
States. The consideration of these two
clauses leads to two distinct subjects, which
are matters of inquiry; first, what ufficesor
officers are comprehended ? Second, what
aefs amount to engaging in insurrection or
rebellion against the United States, or
giving aid and comfort to the enemies
thereof? I will at first consider what
offices or officers are comprehended. As
to some officers there is no room for
doubt. Members of the State Legislature
and members of Congress are cKarly
enough designated. The question might,
however, arise whether a Conven
tion held in the State for framing, or
the amendment of its constitution, would
answer to the description of a State Legis
lature within the meaning of the act.
Such a Convention, although it is clothed
with legislative power, cannot properly be
denominated a State Legislature, and in
the acts now under consideration, a Con
vention and Legislature are expressly dis
tinguished from each other, for they
require the Constitution to be framed by a
Convention, and they require the Legisla
ture of the same State to adopt the Con
stitutional Amendment. When, then, in
the same act, they again u»o the phrase.
“ Legislature .of the State,” they must be
understood to use it iti the same sense, and
as distinguished from a Constitutional’
Convention. But, as to those legislative
bodies which passed what is called ordi- .
nances of secession, by whatever name j
they may have been called, I am of |
opinion that their members are properly
comprehended within the disqualifying
clause, for I can imagine no official legis
lative position in which the duty of alle- ;
giance was more distinctly violated. The
next and more difficult inquiry is, who is
to be considered an officer of the United j
States, or an executive or judicial officer ■
of any State within the meaning of these j
clauses? Various classes of officers arc
here intended—State officers and Federal
officers, and executive or judicial offi
cers—no legislative officer is mentioned ex
cept members of State Legislatures or |
members of Congress. The descriptions
used as to other officers, are as to State of
ficers, that they must be judicial or exec- |
utiVe, and as to a Federal officer, the j
terms executive or judicial are not ex- !
pressed. He is described simply as. an |
officer of the United States. It has been !
i shown that Federal officers and State offi- j
! eers arc classified separately in the clauses |
|of the act under consideration. I deem it
: profitable and conducive to a dear order, i
' to follow this classification. 1 shall accord- |
ingly first consider what State officers are ’
included in the terms executive or judicial, j
Tills phrase is twice used in these clauses,
with the superadded description, “in any
; State," in the first clause, “of any State,”
j in the second clause, I think the controlling
I term of description, if there is any repug
nancy in tho terms, must be taken to be
the last; for that is used in the lirst clause,
and to others._ Besides, it is the same
; term of description used in the act of Con
; gress of 178 fl, declaring what State officers
are required to take tlie oath to support
j the Constitution of the United States, and
: in the third section of the Constitutional
! Amendment, both use the same terms of
: description, executive and judicial ofli-
I cers of a State. The terms are so gener
al and indefinite, that they fail to ex
press with sufficient certainty, a designa
tion of the persons intended to be reached,
j It is to be regretted in a matter of so much
importance that the rule of designation
adopted as to members of Congress, and of
a State Legislature, had not been followed
up, or if that were found impracticable,
that some more definite general rules had
not been declared. The uncertainty be
comes manifest in the application of the
law, and this uncertainty necessitates con
; struction. The necessity for construction
which arises from the generality of the law.
cannot be better stated than in the lan
guage of Plowden. “Though the words
be general, they are reduced to a particu
larity by exposition made according to the
! intent ot the act. These statutes which
comprehend all thiugs in the letter, the
1 sages of the law have expounded to ex
tend but to some things. Those which
generally prohibit all people from doing
such an act, they have interpreted to per
mit some persons to do it, and those which
include every person in the letter, they
have adjudged to reach some persons.only.
All is founded upon the intent collected by
considering the case and necessity of the
act. and comparing one part with another,
and sometimes by foreign circumstances.’’
I deem it proper hereto fix some clear idea
of the general intent of these acts, and by
what rule of construction, strict or liberal,
that intent may best be arrived at. The in
t)?nt as expressed is to enable the people of
caehot these States to frame a Constitu
tion tor the State, by the exercise of
the right oi suffrage. There are clauses
ot the act giving the right by general
terms ot description to the people general
! . ana especially to those who have never
eujot ed the right before. There are other
clauses ot toe act which by general terms.
; take awa;> this right of suffrage from those
who have always enjoyed it. "The rule of
construction as to the clauses which
eive the right must be liberal, and as to
them, the general terms are not to be re
stricted : but as to those clauses which
, derogate from the existing right, the rule
AUGUSTA, GA.. WEDNESDAYjmORNING, JUNE 5. 1867.
: pf construction must be strict, that none
should be excluded who are not clearly
within the letter and intent. I begin,
then. with the inquiry whether the officers
of the militia of a State are embraced
within these terms of description, and 1
: have no doubt that they are not. Cer
tainly Congress, as to the officers of a
State, was not content to use the term at
large, and without qualification, but, as
we see. intended to qualify the usual word.
To ftanifest that intent would been
adopted, and the terms would have been the
“Judicial and Executive, the civil or mili
tary officers of the State. ” Accordingly
we find when that was the purpose, as we
see it was in the third section of the Con
i stitutional Amendment, known as Article
: 14, Congress expressed that purpose very
: clearly. That section provides that “no
| person shall be a Senator or Kepresenta
: tive in Congtess, or an elector of Presiden t
or Vjee President, or hold any office, civil
or military, under the United States, or
as a member of any State Legislature, or
as an executive or Judicial officer of the
State to support the Constitution of the
United States, who shall have engaged in
| insurrection or rebellion against the same,
# or given aid and comfort to the enemies
I thereof.” This third section is expressly re
ferred to more than once in these acts. It is
made, in fact, part of these acts. Its
language is followed, word for word, in
; these disqualifying clauses, as far as was
possible, except in the particular in which
! one is made to apply to eligibility, and the
other to the right to vote. When, there
fore, we find that Congress, in declaring
what persons shall be disfranchised from
holding any office, expressly includes mili
tary as well as civil officers, as in the
third section of the amendment, and in
providing what persons shall be disfran
chised from voting, who held any office,
omit to mention military officers we Cannot
escape from the conclusion that military
officers were not here within their con
templation. It is impossible to imagine a
case in which the construction from laws
in pari materia has a more cogent applica
tion, for it is evident here, that the law
maker, in framing disqualifications of
voters, took special cognizance of the
third sectioA of the amendment, and
weighed it word by word, following it
literally, for the most part, and rejecting
deliberately the very word intended to em
brace a military officer. It must he borne
in mind, that wc are here considering the
class of military officers who were such,
prior to the rebellion, when tlie office was
lawful, and who were known as officers of
the militia : not that class who became
military officers during the rebellion. As
to this last class, they all come under the
other clause of disqualification which ap
plies to participation in the rebellion. Hav
ing the inquiry thus circumscribed to civil
officers, the question recurs, what civil
officers are to he brought within the terms
“Executive or Judicial 'officers of a
State?” They clearly include, so far as
executive officers are concerned, all such
officers as are generally known by the
proper description of State officers, or
officers of a State. In one sense, and in a
popular sense, the description “executive
officers ofa State” is applicable to a well
known class, the Governor, Lieutenant
Governor, State Auditor, Treasurer, Secre
tary, &c., and State official proper, who
exercise executive functions at tlie seat of
Government. lam not prepared to say
that only these proper State officials come
within this term of description, nor am 1
prepared as to the judicial officers of a
State, to limit the description to judges or
courts, whose jurisdiction extends over the
entire State. I must content myself in
saying of these officers, executive or ju
dicial, that they are clearlj 7 within the
meaning of the law. Now, changing the
inquiry from an affimative to a negative
process. Such officers as usually pass
under the description municipal, do not
come within the purview of the act, such
as officers of cities, towns, villages and
subordinate municipal divisions, whether
their functions are executive or judicial, or
as is sometimes the case, where the same
officer acts in both capacities* Outside of
these two representative classes, the first
of which is clearly within, and the last of
which is clearly without the purviqw of
these clauses, we find in each State ofthese
States, a host of officers whose status is in
some way to be determined. It is impossible
here to proceed by way of enumeration, and
to distinguish by name all those who are in
cluded and all those who are excluded.
All that can he done is to establish some
fixed rules. I feel the necessity of cir
cumspection here, in saying who are in
cluded within the disfranchisement, rather
than in saying who are not included ; for
where there is a doubt, according to the
rule of the Constitution which has been
referred to, that doubt must be solved in
favor of rather than against the right of j
the voter. The exclusion is all cornpre- j
hensive as to the time, and it applies not
only to tliape who were in office when the j
rebellion commenced, but to those wlio I
held the prohibited offices at any previous
time, although they may have ceased to
hold such offices an indefinite number of
years prior to the rebellion. It'is founded
on the idea of a breach of official trust due
to the State as the author or donor ot
the trust. It Is founded on the idea of a
breach of trust, not arising merely from
allegiance as a citizen, but duty to the
State in a direct official relation to that
State, and through that to the Federal
Government. So far as this act desig- j
nates by name the persons who violated
such a trust, it is to that class to whose
keeping the trust is especially confided : j
that is to say, the persons who were i
clothed with the legislative power — ;
whereas, in this instance, there is a purpose |
of exclusion on a common ground and one
class is designated as coining within the pur
pose and other classes are left indefinite
and only to be ascertained by construe- i
tion. It is allowable to find the indefinite j
class by the rule of assimilation. AVe see,
then, in this law a purpose of exclusion as j
to the three great departments of a State
—Legislative, Judicial and Executive; we j
see, further, that as to the Legislative !
Department, made up of a legislative body
composed of the members and various
officers appertaining to such a body as a
legislature, the exclusion is only of the
higher functionaries of that body—the
members —and is not carried to its subor
dinate officers. The terms of exclusion are
not the members and officers of a State
Legislature, but simply the members of a
State Legislature. As, therefore, the ex
clusion in the Legislative Department has
effect only upon the highest class in that
department, it is safe to say the same
policy of exclusion attaches rather to such
officers as exercised functions of important
trust in the executive and judicial depart
ments, then to those whose functions and
duties are merely limited and subordinate.
I have already called attention to the
comprehensiveness of those exclusions as
to time —now to declare them equally com
prehensive as to persons, and to say that
they embrace all officers. large and email,
coming in any sense within the description
of executive or judicial officers, who have
at any time during their lives held any one
of these offices, would have this inevitable
result—that in the formation of the con
stitution for a State bv the agency of its
own people, a large proportion, perhaps a
majority, of the most intelligent and
capable' of the people would be excluded.
There is no part of my duty in attempting
to give construction to these laws in which
I find myself involved in such painful un
certainty. as in determining what officers
outside of the classes already designated
come within the just range of exclusion. I
have said that in addition to this class of
officers that so clearly come within the
terms of the act as judicial and executive
officers of the State, and to those classes
which comprehend militia officers and
municipal officers who clearly are not with
in the terms of the act, there remain a vast
number of officers whose status is in some
wav defined. These are known in popular
language by such terms of description as
! countyf township and precinct officers.
Their name is legion ; their functions and
' duties are for the most pait strictly
local. Some of them, such as sheriffs and
justices of the county courts, have juris
diction over the entire county; others are
: res tricted to the smallest civil subdivisions.
I have directed abstracts to be prepared
for each of these States, which will exhibit
l a u t jje s e offices and the duties which apper
tain to them, and the form of oath re
quired. I must reserve for further consid
eration. after the abstracts are the
j q’ ue stion whether all of them, or, if not
all. what classes of these officers come
within the disqualification. As to all other
executive or judicial officers who are not
in popular language characterized as county
officers, I incline to consider them as
i coming under the description of executive
and judicial officers of the State, withm
the meaning of the laws. I deem itprop
er here in reference to that class of officers,
judicial or executive, who are by the rule
1 have laid down, brought within the ope
ration oi disfranchisement, to distinguish a
cla-* wbo*e duties are not localized, and
who’stand in direct relation to the State,
and who in mv opinion, cannot properly be
designated as executive or judicial officers
of a State I mean that class of persons
who exercise special public duties, rather
in the nature of occasional employments,
than general and continuing official duty.
This distinction between office and em
| ployment. and between an officer of a
State, aud an agent of a State, is weffies
tablished . Chief Justice filghman in 3
Sers- and Rawlo. 149. rccogcjzßS it in
of the Commissioners appointed to lay .out
roads and canals, and other Works of public
improvement. The question arose upon a
section in the Constitution of lennsylva
nia. which provided that the Governor
; hail appoint all officers, whose offices are
established by this constitution, or shall
be established by law, and whose appoint
ments are not herein otherwise propped
for. The Chief Justice says, it has > ever
: Seen ascertained, nor is it easy to aspeuain,
to what offices this power of
extends. I speak of offices created bjjja w
since the making of the constitution,
j word “office” is of very vague and Hide- i
finite import. Everything concerning the
administration of justice. *>r the gejiteral
interests of society, may be supposed Jo he i
within the meaning of the Constitution,
■ especially if fees or emoluments are an
< nexed to the office ; but these are matters
of temporary and local concern, which,
j although comprehended in the term
! “office,” have not been thought to boem
braced by the constitution; and when
I offices of that kind have been created; the
Legislature has sometimes made the ap
pointment in the law which created them,
and sometimes have given the appointment
to others than the Governor, andsometimes
given the power of removal to others, al
. though the appointment waslqfttothe.Gov
j ernor. The officers of whom lam §peak-
I ing are often described in acts of Assembly,
j by tho name of commissioners —such, for
i instance, as are employed in the laying out
of roads and canals, and other works ofa
jiufilic nature. all these, perform a
duty, or, in other words, exercise an office.
1 cannot enumerate all ofthe employments
uuder State authority, which, in t;:y# qin
iori, work no disfranchisement. L win
name some, by way of illustration, viz :
board ofcommissioners of public works, di
rectors of State asyl urns, visiters of State uni
versities, directors of State penitentiaries,
I State directors of banks, or other corpora
: tions, special commissioners or agents ap
pointed by tlie Governor or other State
authority to perform special duties as ex
aminers of hanks, notaries public and com
missioners to take acknowledgement of:
deeds. The rule laid down, and these
illustrations will perhaps be sufficient to j
determine who come within its operations.
The next disqualifying clause, is founded
on the oath of office. The oath as inci- j
dental to the office is not memtioned in the j
first disqualifying clause, but the office j
alone, hut in the second clause the [
oath is made to enter as a necessary I
element in order to work disfranchise- |
ment, and it applied to the same classes of
officers named in the first clause; hut the
office alone. But in the second clause the
oath is made to enter as a necessary ele
ment, in order to work disfranchisement,
and it is applied to the same classes of
officers as named in tlie first clause, and
also to others not named in the first clause,
that is, to officers'of the United States. It
is an oath to support the Constitution of
the United States, and it is clearly pro- |
vided by this clause, that if this oatii has
been taken by a member of the State
Legislature, or by an executive or judicial
officer of any State, then such person vio
lating that oath and engaging in insurrec
tion shall be disfranchised. There is some
obscurity in these clauses, and room for
doubt, whether disqualification under the
first clause would arise in the case of a
member of a State Legislature, or any
executive or judicial officer of any State,
who had not taken an oath to support the .
Constitution of the United States. 1
incline to the opinion that this oath is put
as an essential thing, the breach of which,
by insurrection against the United States,
violates the trust imposed by it upon the
officer. But this clause, so far as the
executive or judicial officers of the State
are concerned, does not enlarge the class
subject to disfranchisement. The officer
breaking the oath which works disfranchise
ment, must also he a judicial or execu
tive officer of a State, according to the
rule hereinbefore established. I do not
apprehend any practical question will arise
here, for by the Constitution of’tlie United
States this oath is required to be taken by j
the members of the several State Legisla
tures, and all executive and judicial offi
cers, both of the United States, and of'the
several Stages, and in those ten States, the
same oath was required as to members of
the legislature and the executive and judi
cial officers ofthe State, This brings me
to the question, who is to be considered an
officer of the United States within the
meaning ofthe clause under consideration;
Here the term “office” is used in its most
general sense, and without any qualifica
tions as legislative, executive or judicial,
and I think as here used it was intended
to comprehend military as well as civil
officers of the United States, who had
taken the prescribed oath, inasmuch as the
violation of the official oath, and the offi
cial trust, has relation to fealty to the
United States, which is broken by rebel
lion against the United States. Tlie rea
son is apparent for including all officers of
the United States, and for making the
disfranchisement more general and com
prehensive as to them, standing as they
do in more direct relation and trust
to the. United States, than the offi
cers of a State. I now come to consider
what is the meaning and scope of the dis
qualification arising upon that part of the
oath which requires the person to state
that lie had not engaged in insurrection or
rebellion against the United States or given
aid or comfort to tlie enemies thereof. I
must here repeat what has been raid be
fore, that to work disqualification, two
elements must concur ; first, holding the
designated office, State or Federal, accom
panied by an official oath to support the
Constitution of the United States ; and.
second, engaging in rebellion against the
United States, or giving aid or comfort to
its enemies. Both these must not only
concur, but they must concur in tlie order
of time mentioned. First, the officer and
the oath, and afterward engaging in re
bellion, or giving aid and consort—a person
who has held an office, within the meaning
of this law, and has taken the official oath,
and who has not afterward participated in
a rebellion, may safely take this oath ; and
so, too, the person who has fully partici
pated in the rebellion, hut lias not prior
thereto held an office and taken the official
oath, may with safety take this oath. My
duty is simply one of construction ido
not deem it proper to enter upon
any question of the constitutionality
of this part of the act. Tak-ng it
as granted, for the purpose of con
struction, that Congress has imposed such
an oath, it is notouly allowable but impera
tive that I keep in view its essential
characteristics. _ It tssomething more than
a legislative act in derogation of an existing
right. It is in effect, a law which takes
away an existing right as a consequence of'
acts done at a prior time, and which at the
time they were done entailed no such con
sequences. In the late cases before the
Supreme Court of the United States upon
the test oath prescribed by an act of'
Congress, to be taken by lawyers, by which
the exclusion from the right to practice
their profession was made to arise upon
prior to participation in the rebellion, the
Court says : As the oath prescribed cannot
be taken by these parties, the act as
against them operates as a legislative de
cree of perpetual exclusion ; and exclusion
from any of the professions, or any of the
ordinary avocations of life for past conduct
can be registered in no other light than as
punishment for such conduct. The exac
tion of the oath is the mode provided for
ascertaing the parties upon whom the act
is intended to operate, and instead of les
sening increases its objectionable character.
All enactments of this kind partake of
the nature of bills of pains and penal
ties. The Court farther says: The de
privation of any rights, civil or political,
previously enjoyed may be punishment;
the circumstances attending, and the causes
of the deprivation determining this fact,
j The characteristics of this clause of the
acts are, therefore, retrospective, penal,
! and punitive. Os course there can be no
I question as to the rule of construction
which is here to be applied, those who are
, expressly brought within its operations
cannot be saved from its operations;
where, from the generality of the terms of
description, or for any other reason a
reasonable doubt arises, that doubt is to
be resolved against the operation of the
law, and in favor of the voters. What
acts, then, within the meaning of the law,
make a party guilty of engaging in insur
rection or reoellion against the United
i States, or giving aid or comfort to the
: enemies thereof '! The language here com
prehends not only late rebellion, but every
past rebellion or insurrection which has
happened in the United States : it compre
hends. too, even- foreign war in which the
United States has at any time been en
; gaged. The first part of the sentence
covers the ease of domestic war existing in
the form of .a rebellion or insurrection,
whilst the last part appertains to foreign
war. The words '‘giving aid and comfort
to the enemies of the L nited States
are the same used in the constitutional
definition of treason: "the c-nemic-si
thereof must be taken to be foreign
enemies. These words, originally found in
the early statute of Lngland against
treason, have received that settled inter
pretation in English and American courts.
They are used in this act without any
I qualification, and we give them full force
i and application when they are made to
j apply to adherence or giving aid and coni
| fort to foreign enemies. Such an act as to
j'thc breach of oath or duty of allegiance
• stands upon the same policy of disqualifi
! cation as engaging in rebellion or civil war.
A person, therefore, who gave aid and
comfort to our enemies in the war with
Great Britain in 1812, and in the war with
Mexico in 1547, would in that particular
come within this clause. In laying down
I this rule. I do not forget that for certain
purposes, and in a certain sense, every
] citizen in the rebel States during the late
! rebellion is to be considered a public
| enemy. As in respect to the liability of
his property to capture as a prize of war,
and in respect to various acts of Congress
passed during the rebellion, which as to
property, declare its- liability to capture,
forfeiture or confiscation, when used in
aid of the late rebellion. But wherever in
any of these acts of Congress, these terms
" aid and comfort” are used in any other
than the commonly received acceptation,
some qualification or description is added
to make them apply to the rebellion.—
Nevertheless, although 1 strongly incline
to think that the “a'id and comfort'’
here mentioned, should strictly be confined
to its acknowledged legal interpretation, 1
am not quite prepared to say that Congress
may not use it as applicable to the rebel
lion. I shall, therefore, allow it due weight
in the next inquiry in giving the construc
tion on the clause now to be considered.
We are now to inquire what is meant by
engaging in insurrection or rebellion against
the United States. The force of the term
“to engage” carries the idea of active
rather than passive conduct, and oi volun
tary rather than compulsory action. Take,
as an instance, a rebel soldier compelled to
enter the service by force of conscription.
Take as another instance the ease of a
slave who, by the command of his master
or by military order, has served in (lie
rank or aided in the construction of milita
ry works. It would be an abuse of lan
guage to hold that in these instances the
parties have “engaged” in rebellion within
the meaning of that word as used in this
law. But whilst in' my opinion a conscript
or slave forced into the ranks or other mili
tary service is not included, it does not
follow that other classes than those who 1
actually'levied war and voluntarily joined
the ranks of the rebels are to bo excluded,
taking it to he clear that, in the sense of j
law, persons may have engaged in rebellion
without having actually levied taken
up arms, all those who, in legislative orother
official capacity were engaged in further
ance of a common unlawful purpose, orper
.sons who in their individual capacity have
done any overt act for the purpose of pro
moting the rebellion, may well be said in
the meaning_ of this law to have engaged
in the rebellion. All persons who, during
the rebellion, acted in an official capacity
where the duties of the office necessarily
had relation to the support of the rebellion,
such as members of the rebel legislatures,
and rebel Congress, and rebel conventions, I
diplomatic agents of the rebel Confederacy:
or such other officials whose duties more
especially appertained to the support of
the rebel cause must be held to come j
within the terms of exclusion. Officers in j
those rebel States who, during the rebel- I
lion, discharged official duties not incident j
to the war, but in the preservation of
order and the administration of law, are
not to he considered as thereby engaging
in rebellion. The interest of humanity
require such officers for the performance of
such otlicial conduct in time of war or in
surrection as well as in time of peace, and
the performance of such duties can never
be considered as criminal. I cannot bring
myself to the conclusion that Congress
could have meant that such a purely civil
and necessary office involved the incumbent
in the guilt of insurrection. Nothing but
the must cogent language, such as was 1
used in the test oath for lawyers, could
manifest such a purpose. “The Supreme
Court in construing that test oath, and in
reference to the clause to which I have
alluded, uses this language : The third
clause applies to the seeking, acceptance or
exercise not only of officers created for the
purpose of more effectually carrying on hos
tilities, hut also of any of those offices which
are required in every community, whether \
in peace or war, for the administration of j
justice and the preservation of order.” I
find no such purpose in the use of any of
the terms of the act now under consider
ation. lam accordingly of the opinion
that holding a simple, judicial office, or
other executive office or public employ
ments, as are of a purely civil character,
such as county offices, municipal offices,
and all others of like nature, which were j
not created for the purpose of more effectu
ally carrying on hostilities, and which did
not involve the performance of duties ex
pressly in furtherance of the rebellion, do
not come within the meaning of this part
of the oath to fix on the incumbent the j
guilt of engaging in the rebellion. So i
much for official participation. I now re
cur to what amounts to individual partici
pation in the rebellion. In the attempt to i
arrive at classes of persons or of acts in- j
tend lobe comprehende'd in the matter of
engaging in the rebellion, we must have
due regard to the subject matter; un
doubtedly, although every rebellion
against the United States’is comprehend
ed, it is the late rebellion which almost, if
not altogether, can be said to be the pro
posed subject matter. A rebellion which
extended over eleven States of the Union,
involving more or less millions of their
people, continuing for more than four
years and maintained by a vast military
authority which as to all these people for
a time and as to most of them during its
continuance, excluded them from all pro
tection under the lawful government. The
obligations of allegiance when thus separa
ted from the corresponding right of pro
tection, ami the breach of that allegiance are
necessarily modified under such circum
stances. The obligation is less stringent
and a breach of that obligation less repre
hensible, than in cases of temporary or
local insurrection. Nor must we forget
that throughout these rebel States there
were classes of their population, more or
less opposed to the rebellious movement,
and who weroyet more or less necessarily in
volved in its support. I have already said
that the language used in this act as to
participation, carries the idea ofvoluntary
participation, and I am satisfied that these
considerat ions growing out of the nature
of the rebellion, induced Congress to use
the word “engage’ in place of involuntary
participation. When an insurrection, by
its continuance and power, takes the form
of a de facto . government and prosecutes
and enforces laws over the people
within its territory, individual rights and j
obligations undergo an inevitable modi
fication. and the rightful and displaced i
authority, when it again conies into place, !
must, in a measure, accommodate its action j
to circumstances, and consider many :
things as rightfully (lone, which, in a mere j
insurrection, would have no color of legal- I
ity. This principle is recognized by all
civilized nations, and has been especially
enforced in England by statutes and by
the decisions of courts early in the reign of
Henry VII. Obedience to the de facto
government established under a usurping j
monarch, has been held not to involve a
subject in the guilt of treason to the lawful j
kiftg. Giving due weight to these well
established principles, I proceed with the
inquiry. lam of opinion that some direct j
overt act, done with the intent to further
the rebellion, is necessary to bring the !
party within the purview and meaning of
this law. Merely disloyal sentiments, or
expressions, are not sufficient. The per
son applying for registration is not required
to clear himself from the taint of dis
loyalty. The meaning of Congress here
becomes yet more evident when in the last
clause of the prescribed oath, he is re- j
quirei. to swear that he will faithfully sup
port the Constitution and obey the laws of
the U. ited States, and will, to the best of
his abi.’ty. encourage others so to do. This
part o. the oath is not exculpatory, but
promisso.y. It looks to the future, and
not to the past, and the purpose is here j
manifest, to omit, as to the right to vote,
the disqualific-atiou from the right to exer
cise office. Mere acts of common hu- j
inanity and charity cannot he considered as
involving the party in the participation of
the rebellion. So, too, are forced contn- ;
butions by the rebel authorities, or the
compulsory payment of taxes in aid of the
rebel cause. It would involve the person
and it must work disqualification under,
this law. Voluntary contributions, or
furtherance of the rebellion, or subscrip
tions to the rebel loans, and even organized
contributions of food and clothing, or
necessary supplies, except of a strictly
sanitary character, are to be classed
with acts which disqualify the board
o f registration The _ original act
contains not a provision as to toe
manner and time for holding the elec
tion of delegates to the Convention, or
ratification of the Constitution framed by
that Convention, or for other purposes. .
The first section of the supplemental act
provides that registration of voters shall
be made before the first of September,
1867. The fourth and subsequent sections
1 provide for means by which this registra
tion. is to be effected. The Commanding
General is directed to appoint as many
boards of’registration as may be necessary,
I consisting of three loyal officers or persons, ,
to make a complete registration, superin
| tend the election and make a return to
1 him of the votes, list of voters and of per- I
sons elected as delegates by a plurality of
votes cast, at said election, ana upon re
ceiving said, returns shall open the same
and ascertain the names of the persons
, elected as delegates according to the re
| turns of the officers who conducted said
election, and make proclamation thereof;
aud if a majority of th# votes given on
that question shall be for a Convention,
the Commanding General, within sixty day?
from the date of the election shall notify
delegates to assemble in convention at a
time and place to be mentioned in the noti
j fication, and said Convention, when or
ganized, shall proceed to frame a Consti
tution and civil government according to
the provisions of this act and the
act to which it is supplementary,
and when the same shall have been
so framed, said Constitution shall he
submitted by a convention for ratification,
to. persons registered uuder the provisions
of this act at an election to ho conducted by
\ officers or persons appointed, or to be ap
' pointed by the Commanding General as
hereinbefore provided, and to beheld after
the expiration of thirty days from the date
j ot notice thereof, to be given by said eon- j
| vention, aud the returns thereof shall be I
made to the Commanding General of the j
| District. The sixth section provides that
all elections in the States mentioned in said :
act to provide I’or more efficient governl
- ment of the rebel States shall, during the
operations ot said act, be by ballot, and all
. officers making said registration of voters,
and conducting said elections, shall, before
entering upon tlie discharge of their duties,
take aud subscribe to the oath prescribed
liy the act approved July 2d, 1562, entitled j
“An act to prescribe an oath of office.”
Provided that if any person shall, know
ingly and falsely, take and subscribe any
oath in this act prescribed, such person so
offending, and being thereof duly convict
ed, shall he subject to the pains, penalties
and disabilities which by law are provided
for the punishment of wilful and corrupt
perjury. The oath prescribed by this act is !
the oath to he taken by the person applying i
for registration, and the oath to be taken by
the persons composing the board of regis- j
tration. The duties of the hoard are to j
make and complete tlie registration list and 1
to superintend the election. The first j
question is as to the duties and powers of i
the. board in making and completing the
registration. The first section provides
that the'Commanding General shall cause !
a registration to bo made of the citi
zens ‘of the United States twenty
one years of age and upward, resident in
each county orjiarish in the State or States
included in his District, which registration
shall include only those persons who are
qualified to vote for delegates by the act
aforesaid, and who shall have taken or sub
scribed to the following oatli or affirma
tion. By this oath the person applying
for registration must swear or. affirm, to
every qualification provided for by tho
original act. The first question which
arises here is whether any other oath can
be required of the person applying for
registration, or any oath can be adminis
tered to any other person or persons,
touching tlie qualification of the applicant
by the hoard of registration. The last
clause of this first section provides as fol
lows: “Which oath or affirmation may be
administered by any registering officer.”
The oath here referred to is tlie oatli to be
taken by the person applying for registra
tion. L have very carefully examined all
the provisions of this and can find no
authority for any other oatli to be taken
by any one, touching the qualifications of
the applicant for registration, hut only this
oath. Lam clearly of the opinion that any
other touching tho qualifications ot tho
applicant, would he extra judicial, and
without authority, and that-false swearing
could not be assigned as perjury upon Such
unauthorized oath, and especially in the
proviso to the sixth section above quoted,
which declares that false swearing shall
amount to perjury, is expressly similar to
any oath in this act prescribed. In arriv
ing at this conclusion, I have given due
weight to that part of the first section of
the act which declares that the registra
tion shall include only those persons who
are qualified to vote for delegates by the
act aforesaid, and who shall have
taken and subscribed the follow
ing oath or affirmation. If we read
these words by themselves, without re
gard to the other provisions of the act,
the impression is made that two things
must concur to authorize the registration
ofthe applicant; first, that he actually
possesses the qualification required by the
original act, and find that he is re
quired by this oath to swear to every
one of these qualifications, and that
no authority is anywhere given to
enter upon any other inquiry as to his
qualification, or to administer any other
oatli to him, or any oath to any other per
son touching his qualification ; and that
his oath, and hin oath alone is punished
with perjury. It. is impossible to resist the
conclusion that the oath itself is the *ole
and only test of the qualification of the ap
plicant. When, therefore, a person ap
plies to the board for registration, the
power of the board is confined to the ad
ministering of the prescribed oath, and if
tlie applicant takes that, his name must go
Upon the registry. The board cannot
enter upon the inquiry whether he lias
sworn truly or falsely—that inquiry must
he reserved to the court which may after
ward have jurisdiction to try him on an
indictment for perjury. Next to the duties
ofthe hoard,.after the registration is com
pleted, they are to superintend the elec
tion,’and make a return ofthe votes, list of
voters, aud of the persons elected, to the
Commanding General. It is very clear
from these provisions, that in superintend
ing these elections, the duty of the board
is to receive the votes ofthe persons whose
names are up for registration, and to reject
all others. There is no provision any
where to surchage or falsify, or to add a
single name to the registration, or to erase
a single name which appears upon it.
Kelly the Coward.
It has transpired since Judge Kelly left
the city that he tohl a Northern gen
tleman, who went to call on him that
he expected a riot, that he had al
ready sent dispatches to his friends at
the North, and to his family, to fix the
responsibility where it belonged it hr should
fall. Certainly we have heard of n,o one
besides himself who anticipated a disturb
ance, and if he expected it, it was his
duty as a man either to have foreborne to
speak or Cos have asked for the presence of
a military force to prevent- it. lie did
neither, and when from accident a cause
less panic seized the crowd he took excel
lent. precautions against the possibility of
“falling” in tile affray, by a precipitate
retreat. The next day the Mayor of the
city' waited on him to say that il he desired
to conclude his speech he would pledge
himself personally and officially to his per
fect safety. lie declined—he wasnot con
cerned for himself personally, but “he had
a wife and a darling child" whose happi
ness he would not risk. It is to be regret
ted that he did nut remember that there
were a good many other gentlemen in the
city of Mobile had wives and darling chil
dren just as dear to them, and whose safety
was put in peril by his harangues.
It is evident to our mind that Judge
Kelly had accomplished his utmost wishes
in this meeting. He had done better than
finish his speech—he had raised a muss
and crammed the ammunition chests of
his party for a fresh assault upon this poor,
down trodden and helpless people. He
had also made, as he supposed, a reputa
tion as a hero and a martyr, and in order
to keep up the show of his danger, he
chartered a special boat to take him across
the bay to the depot of the Montgomery
Railroad, which left the wharf only twenty
minutes before the regular mail boat.
And in this connection we must state,
in the cause of truth and for the benefit of
the Northern press, that as long as a month
since, it came to our knowledge, from a
Northern source, that it was a part of a
premeditated design in their Northern
speakers to create a riot somewhere in the
South for the purpose of Radical agita
tion, and in that letter Mobile was indi
cated as the probable theatre for the exe
cution of the plan.
Judge Kelly may have accomplished
his political designs to his heart’s content,
hut he has left but one opinion among all
gentlemen here, and that is that his per
sonal bearing in the execution of it was
disreputable and unmanly in the last de
gree. Even his negro friends are obliged
to confess that he ingloriously fled and feft
them to shift for themselves.— Mobile Re
gister.
Reason in a House.—Mr. A. T. Bar
clay relates to us that, on Friday night of
last week, a stallion belonging to him was
chained in the stable with a large halter
chain and the door locked. During the
night the horse was taken sick, and suc
ceeded in breaking the chain, kicked the
door open and walked through the yard
into the porch of the dwelling, and, after
stamping around, passed down the steps,
and in a short while returned a second
time, and, going back into the yard, again
returned a third time and continued paw
ing at the door until someone went to him,
when he returned to the yard and lay
down and died in a few minutes. He
states that the horse had never been in
the yard before. — Lexington Gazette,
NEW SERIES VOL. XXVI. NO. 23,
l'or the Chronicle <£• Sentl/c '.
Don’t Sell Your Georgia Railroad Stoek
—Don't Sacrifice it.
Chronicle <(• Sentinel •' A large ma
! jority of the Stockholders of the Georgia
Railroad and Banking Cos. are, I believe,
also subscribers to your paper. They desire
its success, and you, in turn, doubtless wish
them prosperty, and labor, through your
sheet, to promote their interest.
Aware of the timely and judicious
advico often given by you upon matters
1 affecting their weal, I have been a little
: surprised that you have not endeavored to
persuade the Stockholders in question to
; take the advice which heads this article.
Don't you agree with me that it is judi
! cious ? Would you not feel fully justified
j in giving it after having read the last
! annual reports of the President and
I Superintendent of the Company? Is
there a eonyumy in the South whose
i financial condition or business is better, or
whose prospects for tho future are
j brighter?
If you agree with me that it is unwise
; for the Stockholders to sell at present
ruinous low prices, that the Company is in
j a most prosperous condition, let me sug-
I gest that you will be doing your friends a
great service if you will write an article
and take for your text the resolution passed
unanimously by the late Convention:
“That the Stockholders are entitled to the
net earnings of the road, and it should he
managed with a view to this as a primary
object;” and the concluding words of the
clear and able report of Judge King, to
wit: “That every demand against the
Company may he met, even at present low
prices, leaving the stock whole, with a hand
some surplus:" and then sliotv, by a concise
statement of the affairs of the Company,
the folly of. selling its stock at 67 to 70.
Judge King’s report says the net earn
ings of the road “for the past twenty-two
and a half months, have exceeded 121 per
cent, per annum upon the capital stock.”
Now, Messrs. Editors, undertake an ex
planation ofthe two reports for thebenefitof
the Stockholders. Many of them are not ac
customed to such investigations; and many
‘"could not if they would, and would not
if they could” make them, and can’t see
it, unless it is. concisely presented to them.
In the meantime, the bears (and you have
some of the beasts in your city) will con
tinue to squeeze the stock down, and the
widow and the orphan, whose little all is
probably in it, and whose necessities force
them to sell some portion of what they
have, sell for a trifle the best stock in the
State.
To the Stockholders, l say, don't sacri
fice your stock. Remember that its net
earnings for the past twenty-two and a
half months have exceeded 12-] percent,
per annum, and that the net earnings are
pledged for the future to the Stock
holders, and that the declared policy of
the company now h, that the road shall be
managed with a view to this as a primary
object. Stockholder.
Woman Suffrage.— The New Orleans
Times is in a very cheerful humor. After
remarking facetiously that the South is
now swallowing with “scarcely a wry face”
the panacea which the Radicals offer as a
cure for all Southern evils, it suggests that
if there is any other dose to be prescribed
it might as Well be brought forwarded now.
The Radicals have offered the “combined
wisdom, foresight and learning of the
colored race” as a remedy for the maladies
of the late insurrectionary States, and
negro suffrage has been accepted there
with remarkable good nature. The Times
thinks the time propitious for introducing
other Radical “isms” and “progressive”
reforms, and says it would, perhaps, “bo
better for all parties concerned to adopt all
their ‘isms’ at once,’and thereby save the
time that will otherwise be wasted by
taking them in rotation.” Since negro
suffrage is deemed so advantageous to tlie
South, tlie Times thinks the advantages
“might be increased by gulping down the
doctrihe of ‘woman suffrage.’ After
a handsome eulogy'upon the capacities of
woman und her fitness to occupy com
manding positions in “literature, com
merce or diplomacy,” the Times gallantly
concedes that every reason and every
argument must be in favor of according to
her the privilege of voting, and that the
“reconstructed South” would he the gainer
by her participation in the elective fran
chise. Says the Times : “We appeal,
therefore, to the gallantry of the maje
voters, to give the standard of ‘Woman’s
Rights’ to the Southern breeze, so that
the dark precincts ofthe election polls may
be illuminated by their smiles, and the air
of liberty -that surges around the ballot
box may be sweetened by romatic odors.”
Wo venture to hint, however, that if there
is any class in the South which the Radi
cals would disfranchise, it is the women,
whom they delight to denounce as the
most obstreperous and implacable of all
the “rebels.”
■— PEH
Let Friendliness he Encouraged Be
tween the Whites and Blacks. —And
while congratulating ourselves that the
Wilsons and Kellys cannot conveniently
come among us. we should remember that
the greatest friendliness now exists between
the whites and blacks of this section of
country, and determine tliat, so far as we
are concerned, nothing shall be done to
disturb this good feeling. As we argued
when the war closed, so we argue now,
that the greatest feeling should exist be
tween the Southern whites and blacks. It
was then all-important in view of our labor
necessities and agricultural interests. It
is now all-important in view of the new
right of suffrage conferred upon the ne
groes by Congress. If there are any among
us —we certainly know of none—who are
inclined to impose upon negroes, or to treat
them in sucli a way as to engender strife
between them and tho whites, these are,
without thinking of it perhaps, the worst
enemies of the country. It is true the
conduct of some of the negroes is often
vexatious in the extreme ; so also is the
conduct of many white men. And our
own true theory, that tlie negroes are an
inferior race, should causa us to treat them
with forbearance. It is no credit to
any white man to have quarrels with ne
groes, under present circumstances espe
cially.
And then there arc many things to he
said in favor of the negroes. Nine-tenths
of them were staunchly loyal during all the
war. And again, they are not at all re
sponsible for their emancipation, nor for
the effort to place them upon an equality
with the whites. Whatever their faults
—and all races have faults—they are the
most docile people in the world, and gen
erally as true as steel to their friends.
Those of the Southern people who manifest
kindness and friendship for them can exer
cise a stronger and better influence over
them than any other class. And it is now
the highest patriotic duty, and it was a
humane and Christian duty before, that
every Southern man should be a friend to
the negroes, and have influence with them,
and seek to guide them for good in their
new position. Otherwise, they will fall
into the hands of had men, and untold
mischief will be the result.— Edgefield [S.
C.) Advertiser.
Homicide and Suicide by an Old
Man.— Cincinnati, Mag 23. —A terrible
affair occurred day before yesterday in
Madison, Indiana. Preston Christie and
Tames McClelland, both old men, became
involved in a lawsuit about a sale of corn.
The parties met, and McClelland asked for
a private settlement of tho trouble. .Chris
tie made an evasive answer, when McClel
land drew a revolver and' shot the former
through the breast, inflicting a wound
which caused death next day. McClelland,
on returning home after tho fatal encoun
ter, seemed so overcome by remorse that
he shot himself through the breast with
the same pistol. His wound was also mor
tal, and he died the following day.
Rev. Horace Fowler, Methodist minister
at Irasburgh, A t., was arrested on Tuesday
on a civil process, in favor of J. T. Allen,
of Newport, who claims the sum of $lO,-
000 damages for continued and repeated
outrages upon the person of his daughter,
a girl only 12 years old, a niece of Fowler’s
wife, and since the death of her mother a
resident in Fowler’s family.
The national convention of railroad car
masters, held in Springfield, Massachusetts,
May 15, was attended by representatives
from all the leading railroads in the cqun
# Several i*ew inventions were exhibit
ed. They adjourned to meet at Altoona,
Pennsylvania, September 18th, when the
national association of car masters will be
organized.
Immigration from France.—Whilst
the German and Irish immigration to the
United States has been very large, and
has attracted general notice, it is estimated
that more than one million French people
have quietly come into the country, and
are now settled in various parts, chiefly in
the Northwest.
There is great excitement among the
distillers in Kentucky, in consequence of
being required to purchase an apparatus
called a “meter,” at an expense of seve
ral hundred dollars, which, it is said, will
mark the amount of liquor manufactured,
and thus prevent frauds. The people of
the United States are learning a good ,
many things that they were formerly un- i
acquainted with.
From the jVcw York Times.
Tin- Failure of Fraser, Trcnholm A Cos.
The announcement, about noon to-day,
by the Atlantic Cable, that the large cot
ton house in Liverpool of Fraser, Tren
holm & Cos. stopped payment this morn
ing, caused a further advance in the gold
room to 1371 per cent. The relations of
the house to the Confederate rebellion of
1861-65, and its blockade-runners and
bogus cotton ‘ loans, seemed to have been
overlooked by some of our hanking houses,
because of the supposed or reputed wealth
of the concern, and we are suprised to
learn that their bills'have had considerable
currency in this market, without the secu
rity of what are called shipping documents,
which would have held the cotton against
which they were drawn, on arrival in Liv
erpool, until the bills were discounted or
paid by the house. Os course, nothing is
yet known of the dividend which the
estate will pay, and in the meantime the
effect of the suspension is, to the full ex
tent of the bills involved, to disturb the
foreign exchanges on this side, 'lhey have
a branch house in Charleston, and some oi
their bills are also understood to bear the
endorsement of the Georgia hanks.
From Ike Sew York Herat,l.
There is no longer any doubt entertained
of the failure of Fraser, Trenholm & Cos.,
and it is reported that their bills on Eng
land were extensively held by houses here
and in the South, unaccompanied with
hills of lading, and in most gases without
endorsements, the credit of the firm having
stood well, owing to their supposed wealth,
and notwithstanding the suits to recover
property brought against them by the
Government, growing out of matters con
nected with the relations of the firm toward
the rebel Confederacy, of which they were
the Liverpool agents.
From Vic Sew York Tribune.
The failure of the firm excites unusual
remark. It was without doubt the lead
ing and trusted mercantile house of the
South, and its failure must have a disas
trous effect upon a large constituency, as
well for the South as that possessed by
the Ohio Life and Trust Company when it
broke. Daring the war one of the part
ners, Mr. Trenholm, was Secretary of the
Confederate Treasury, and the profits of
the house were reported during the trou
bles at $6,000,000.
From the Washington TntcUigcnccr.
In remarking yesterday upon the re
ported failure of Fraser, Trenholm & Cos.,
of Liverpool, late Confederate agents, we
stated that the Government would not. he
a loser, and that the firm had given bonds,
with adequate security, to pay the United
States claim, in case it should he legally
established. We learn that this is not so,
and that the Government lias no security
whatever as the matter is now supposed to
stand.
The failure has unsettled the cotton and
gold markets, and it may he the fore
runner and cause of other failures in the
cotton trade. Bills drawn against ship
ments of cotton to Liverpool,* &c., will
undoubtedly he returned for non-payment,
Much of the loss will fall upon business
men in New York. It is not improbable
that failures from the same cause will be
numerous among persons connected with
the cotton trade abroad.
Southern cotton factors arc said to lie
largely losers by this failure. Everything
seems to work against the South —army
worms, inundations, bad seasons, demor
alized labor, high prices of provisions, the
cotton tax, foreign competition, bankrupt
cy of cotton traders, absence of capital and
credit, and the rod of confiscation hanging
over the whole South.
From the Mobile Times.
We learn by private dispatches that the
important house of Fraser, Trenholm &
Cos., of London and Charleston, lias failed.
The amount of their liabilities is not partic
ularly stated, hut is said to he very heavy,
as may readily be supposed when the mag
nitude of their transactions during the few
pastyears is considered. Not a few mil
lions of dollars will probably tell the story.
We regret to add that this disaster, if the
news should be confirmed in its full extent,
will involve losses in our own city, little if
any short of six hundred thousand dollars.
Phillips’ Provision Exchange.
Cincinnati, May 24, 1807.
Editors Chronicle <£• Sentinel :
The provision market early in the week
was quite active, and all other articles
were held higher, with some advance in '
prices of cut meats. There is still little or
no disposition to speculate, and the sales
were chiefly for consumptive demand.
The market closes quiet but linn for all
articles except pork and lard.
Mess Pork —has been held above §22.50
for city most of the week, yet but few
sales were made above this ligiire, and at
the close it is more freely offered at §22.50,
but buyers contend for a concession.
There is but little country pork offering,
and but litile here to offer, but such as is
sold, is at 25c under city.
Lard has been in limited demand and
has been held generally at 12(c. for city,
with some sales at Je. less, but at the closo
12ie. was all it could be sold tor, though
difficult to buy at this figure ; country
ranges J to je. lower ; keg is dull at 13} to
131 c. for city and 13c. for county. Tho
lower grades are scarce and nominal and
nothing doing in them.
Greases rather firm at 8] to 101 c. for she
range of grades, but tho market is quiet.
BuiYc Meats —have ruled firm during
the week at B@loc loose for shoulders and
sides, clear riband clear sides arc firmly
held at 102 @] 11c loose, but buyers arc not
free at over 10l@lle. Hams have been in
good demand with sales of desirable
country cuts at from Ufa ll lc and of city
cuts at lli@ 111 c all loose, closing firm at
tho latter price. The stock on band is light.
Bacon —shoulders and rib sides remain
unchanged at 9(3; lie packed, while clear
rib and clear sides have advanced to
112(5 12Jc packed, closing firm. Hams
continue in good demand especially for
plain, with sales at 13c uncanvilsed and
packed, and 131 c canvased and packed,
Second sugar pickle l ie, sugar cured 15(3*
151 c canvased and packed—tho latter price
for light averages.
Beee llams quiet at 20J to 2D.fi; Beef
Hams in pickle §3fi to S3O 50 per bid. of
220 lbs.; Plate Beef is scarce and lirin at
$22 to $23.
Whiskey irregular, holders asking 32e,
buyers offering 30c.
Kxports of the week were 735 bills and
02a kegs Hard, SO!) hhds and 1,052 tierces
Bulk and Bacon; 1,813 bbls Pork, and 220
boxes do.
Imports—lo 4 bids and 27 kegs Lard, 277
lilids and 08 tierces Bulk and Bacon, 113
bhls Pork, and 119,710 pounds loose meats.
Freights to all points unchanged.
Very respectfully,
Geo. W. Piiii.i.ips, Jr„
. Provision and Produce Broker.
A Strange Freak of Nature.—There
were in this city not long since three chil
dren, all of whom were joined together at
the hands. One hand on each of the right
and left figures was perfectly formed as far
as the finger joints, where they united with
those of the central figure—the hands of
the three being thus firmly clasped together.
The central figure had no fingers, the end
of the arm resembling a ball when clasped
by the hands of its two companions. The
arms of the trio were boneless from the
shoulder to the finger ends, and could he
bent or twisted into any conceivable shape.
The limbs, from the knees down, were also
boneless. At the knees there is said to have
been a large protuberance, as if nature had
intended them to act as substitutes for the
boneless legs and useless feet. They arc
entirely blind, th*e whole surface of the eye
ball being of a deathly white color, and
contained no pupil. Their heads and
bodies were perfectly formed, and the or
ganizations and functions appeared perfect
in each. They were visited by a number
of persons among which was our inform
ant, who says they were still-born, and
vouches for the assertion. There was, we
understand, no medical examination of the
case, which is to he greatly regretted. The
parents have left the city, takingwith them
the remains of the children. —Sandusky
Register.
Jerusalem, in 1866, contained a popula
j tion of 18,000, of whom 5,000 were Mo
| hammedans, 9,000 Jews, and 4,000 Chris
: tians of various denominations. Two lines
of telegraph connect Jerusalem with Ku
j r ope, and the chief business ol the people
: is the manufacture of soap and what is
called Jerusalem ware, consisting of'chap
! lets, crucifixes, beads, crosses and the like,
made principally of mother-of-pearl and
olive wood, atid sold to the pilgrims, who
. annually repair to the Holy City to the
number of from 6OUO to 81)00.
The richest member of the Connecticut
Senate is an Irishman, whose property is
valued at $2,-500,000, and whose daily in
come is SI,OOO. lie made his money from
an oil farm in Pennsylvania, which he
purchased for $2,500.
The breach of promise case at Boston, in
which Mrs. Belinda R. Elms sued Daniel
D. Kelly for $20,000 damages, resulted in
a verdict of $7,000 for the plaintiff.
The season in the Northwest is very
backward, and fruit and vegetation show
the effects of it. Wheat, however, looks
well.
Detective Baker has filed a bill jn Court
to compel the City of Washington to pay
the reward of $20,000 offered by them for
the capture of Booth.
The use of tobacco has been proscribed
bv the! Vermont Methodist Conference.
Hereafter no person addicted to the habit
will be admitted to membership.
An effort is making in Kentucky to buy
a home for the family of John C. Breckin
ridge.