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
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