The New York Herald Newspaper, May 27, 1867, Page 8

F REW YORK HERALD. MUNDAY, MAY~27, 1867, \ cue en oer aaah ni ahaa qualiteation provided for by the original act recovered. The numbers on twelv> of the §1,008 RECONSTRUCTION LAW. | fosoteccseaaursl.nnee Sm 0 Sg PA Ee Rd ee ’ ; ii er tara at h Nao.unteai srtree oms erro ei | estas Scene a | = met cy al “ iz of blood shall 91 follow as @ consequence, oy any for. and the Amorican courts, They are weed in this act person or persons 12g oti len ae tevure excopyduring the ie of he par. ‘Cunatens in without any qualification, aud we give thom full force ray the Board of Regutration which VIRGINIA 5 tho exercisedas to declare peafbment and application when they are to apply to adher- section provides as holed oath . pinion of the United States Attorney | init cay puncenies a coreunur ct germane Bs Ss een re a | saeme Tae aba estrada General on the Clauses Respecting the | {< "be pom ey of Meath oF fy barigynd to i ualif- or duty afalleriance stands upon te sao policy of be, taken by tbe penon applying , S SPECIAL CORRESPONDENCE OF THE WERALD. hoki under ualification im rebellion or civil war. We carefully exami rat Bight to Vote and to Heid Office. srilee ran Batting ang sees United ne nen Sorte, thoretene, “aka tgare ‘sid and scesfort to” our | ach and Lose fied no aulhority for any other oat 0 be r ‘Where Are Representatives a these gy er heat per! re. bt clon pad noe as x to the tw great ‘enemies in the war wiih Great Britain of 1812 and in the | taken by any one touching the anaiificatjogs - the appli. to Come From nee gir - * Mexico ‘come | cant am clearly ory the 8 x Waammorom, May 26, 1067. | fear’ eatemccmeness ae 0 He rigB! of wastage Uy | bate. legilative, JF ictal and oxecrire | Taam Vina decdiaes ee nie Ged ae hint oon] et imuaiioe any canes ath og tue aualica- ‘of Mechauice and Werkingmen— 2 ade of a legisla ti of mom- | forget that for certaim purposes and in @ certain sonse | tions of the applicant would be extra judicial . d-Politien! Idene of ‘Ths Attorner Sonsval.ban pregerse Gia Rlowiag. sere rae pn Bc orgy Pg os ogee ny Sos’ ask safeties? cane pee f Lowmpoeed .fauch, s | every citizen of the revel states during the late rebellion | mt authority, aud that. {alse smearing coult vot De | Kreedmen—Touching and Effective Speech Yoo on the ciauses 1p the Recoustraction acts respecting body as a Legisia? ure, the exclusion is only of the <r. considered a public enomy, ag in pornos to the simned a Perjury rom me je os poet by One. of the Vice Presidente, acc. Bho right to vole sod to hold office. His opmon as to ‘Phas § ‘nee eipinchinienioeeeliin’ tun Oibde higher fuuctionari¢ 3 of that body—thoe members—and it a wong a anes a ad prize Sethe tne peony a ves ere ame ‘swearipg shall amount Prmmesouno, Va, May 22, 1867, the power of tbe Commanding Generals wi! be given § tre, vor bold Sad eracative. oe judicial oflce 1 an Tebellion, which, asto properiy, declares ite liability to | ta Perjury is expressly limited to any oath in thieact | Juqging by the progress of reconstruction in the - : capture, forfeit fi yhen used in aid of the | Prescribed. i ‘ iene Avrowey GENsnat’s Ormice, rar takse aan eath as moeraver of } Of Inte rebellion, ‘Bur’ wharever, in. any of these note of | "1a arriving at this conclusion I have ziven due weight | South, if a0 serious impediments ariee, the States Wanmvoron, D. C., May 24, 1867. Foe Pursuvent — Su :—1 have the honor to state my opimon ‘upon ‘tho questions arieag under the act ef Mardh 2, 2667, ontitied ‘en act to provide far the more etfeient government of Lue rebel States,” and the act of Mared 23, 1867, envied “an act supplementary to xp act epttied an act to provile for the more a to tbat n of the act which declares | lately in rebellion may by the end of two years, Septem ie a att ici mcrae | Ga ates air oa has vrs tas | "ts" goer, Yemns, eum epd some qualification or description is added to make them | are qualified to vote for delegates by the avt aforesaid, me. their pisces in the Union. in view of apply to the rebeltion, Nevertheless, although T “who ‘shall have taken and subscribed to | &M) strongly incline to ‘think that the aid and | the oath afiirmation.” If we read} such a circumstance, the question recurs te the Comfort vere mentioned should Cog be confined | these words by thomzelves, . without rene ete Southern! people, taking into consideration the iron pte abe Noa shee peaked eng ere ad oath, who will represent them in the national cout Congress it made that two th t concur to authorize the rogis- | © y Epplicable 10" the rebellige, "I shah, therefore, allow it tation of he apptcant fre he sctonly Posaened thd'| cust The men of thei own chojce are debarred, era weigh! fication act; aud secon : A w to the slausen ‘wow ip Bo soceioereey "Weare ow to | tuat be ahall Cts the ‘proscribed onin, ‘But ‘when we | ‘DO’EH not prominent in tbe eenion; te new Came State Legislature, or a» an executive or judieial officer of any State, to support the constitution of the United States, aud afterwards en- @\ged in insurrection or rebellion ‘against the S\ktes, or given aid or comfort to the encmtes thereof. These clauses of ihe oath in effect extend the enfran- chisemont beyond the provisions of the original act, and the prior clauses of the oath itself, in the important par- ticular that neither a conviction nor judgment of a court nor express legisiative enactment is roquired Bag g 2 = i & :. B ness of these exclusions ag to time. Now, to coclore ‘them equa ily comprehensive as to persons, and to say that they embrace ali officers, large and smal), coming in efficient + of the rebel States,” to establish =the 4 of disfranchisoment, In | 80y Sense, within the desoription of executive or judi f an Hence py. | political aspirants in the South, of the Humuicut order, of tbe resul fs term to en; carries the idea of active rather than | to swoar to er one of thego qualifications, and t white nor negroes. Excluding these two ctasses 7 @wariots in which these States ere comprwed have | But in one respect these clauses limit the generality of | Sult, tivat in the formation of the constituuoo for a Baie ie be ie ry pays eiaeeen is entek apod any ‘Ocbar : ry the nal act as to disfranchisement, The ‘act | by the agency of its own people a large proportion, per-.| Pass! and-voluntary rather than compulsory athori ywhere gr port are very few of a middic order from whom Go ssked your tostructions, The fret provimen upon this | ee = php tl a avenge haan Seren hapa. majority of the most intelligent and capable of | action. tha Hong instance, a rebel soldier, compelied | inquiry ag to ts qualifications, or to admiister cny subject Is to be found im the fifth section of the original ectand dociares the qualifications and diequalificatiens ‘of conscription. ‘Take ‘as another | other oath to him, or any oath to any other person | Congressmen and legislators could be chosen, wi inatance the casé of a her ‘by command of his ‘pushing tile qnalificasion, and that his oata, and'bis oath | woutg advocate the interests of their constituents z tn ® rebellion, whereas disfranchisement under these | the people would Porm duty in attempting to give con- clauses does dot arise frem participation in rebellion ieee) does eibeeatie ppatrnand of hi | lane, i paoknen i Tir waselge. ta ales of the voters of the election to be held for. delegates: to | #026, but other el gs tory Re Ry peer eg sided to tue or Seok, Tr would | tbe oanetution itdelt is the cote and only | ¢mbody their sentiments, * Proposed tional Cosventior pg “ofkoce outside ‘lanoee ated bo an abuse of “langun That ta these instances | test of the a Gf tho applicant. When, there | In such a contingency certain’ Southern the | sed Constitul entiow ‘ip each State | osth vy ofticers, of the classes § designated come | te ar aaa ‘im these it poy Phe tite for feuistration, the buch cy pred Scppettasion thew on y. te framed ro coor codteatice Ken oF suawetne a clauses leads to two wait 1 totae disse ‘of oficers who acne within» ing of that word as used’ip titan Bt while, in my power of the Beard isoontined to the admmiulstration of py iy we pa as gat pac lle ‘ that ay’ by wach ‘convent cons f a the proserfbed oath, and if tho'applicant takes that, nis | of men from the Nort cy — torms of the act-as judicial aud executive officers of | Opinion, a ‘or clave o the ranks or ~ dsitions which earn er yeaa ats | Ser av ometinta tala mma | ie ee deen menor | Segura metas | meno Me ft | asa at ace a * eae eeeee ae w y ; ; | aureconsttucted Tah, anlar: an LSS EAE chon have neat OTE Sige SEO eae eae aurea | within the terms of the act, there ‘romain a vast body of | voluutartly the ranke of the ' ey Ue ex." | ThA SoaaTtY mins (he eaeeren Ter a Jooure When Key | Poleotaia, Hany nas 8. bet ceakicot to. eaid ‘Slate, for One "year previous “to | thereof? Il will Orsi eonsidor what offices or officers are | oflcers whese ‘slatus is in some woy 10 be dofined, | cltded. Taking it to be cltar that in the sense of this | aftersards have jartsdiction to try him om an indietmen: | Vallandigham, Henry Cy Hine At Pio ty tae day of ouch election, except euch ‘as may be | comprohedded. As 40 some officers, there ia no room | Theso aro known in popular language by such terms of | law persons may have’ engaged in’ robollion without | for perjury. we is | new galaxy of Southern representatives to assemble th / @afranchieet tor ion in ‘the rebelli or fe for doubt. Members ofa State Legislature or membere | description ascounty, township, precinct oficers, Their Dering. peteally, Jevied war or taken arms, Next, as to the duties board after registration Washington. when reconsirnction is com! feiony at common law,” and that the same quaiteation | of Conzess are clearly:oneugh designated, ‘The question | name is legion, Their Tondtions and duties are for | ail who" in legi@iative’ or’ other " officiel | completed. . They are to saperipiend ‘the election and. | Manette feasivie than iadicrous, and wore W to be weoroquired for the election of the-delecates shall aiso be | might, however, arise whether a convention beld ina | she most part local, Some of thom, capacity were engaged in the furtherance make returns of the votes, liste of votersund of the fort! of the common unlawful purpose or ae fee ‘who, in their in- | persons elected, to the commanding general. It is very. carried into execution it is scarcely [ asanoeny that the aA Shera “end Snations 2, the. counly ootsts. || Gividual Capadity: have doe Gn: act ‘for the clear, from those provisions, that in superintendiny these named would be have jurisdiction over the autire county, Others are restricted to the sniallest subdivision. I have directed abstracts to be ccenpel for each of the States, which will exhibit all these offices and the duties which appertain to them and'the oath required, I mast reserve for further consideration, after the abstracts are made, the question whether all of them, or if not all, what classes of these officers come within the disqualifi- cation, As to all other executive or judicial officers who are not, in popular language, characterized as county officers, I mcline to consider them as coming under the description of executive and judicial officers of a State within the meaning of these laws. I deem it proper here, in reference to that class of officers, judicial or executive, who are by the rale I have laid down Dronght within the eperation of disfranchisoment, to distinguish a clase whose duties aro not localized, who stand in direct relation to the State, and who, in my opinion, cannot properly be designated a8 executive or judicial officers of a Stato, 1 mean that class of persons who excrcise special public duties, rather in the nature of occasional employments than general and continuing official duty, This dretine- tion ‘between office and employment and between an officer of a State and en agent of a itate is well estab- lished. Chief Justice Tighman, in 3 Sergount avd Rawie 149, recognizes it in the case of Cominissioners: appointed to lay out roads, canals and other works of public improvement. The question arose upon a tec- tion tn the constitution of Pennsylvania, which provided “fhat the Governor shall appoint all officers whose offices are established by this constitution or shall be established by law, and whose appointments are not herein otherwiee provided for.” The Chief Justice mays:—"Tt has never been ascertained, nor Is it easy to ascertain to what offices their power of appointment extends I speak of offices created by law since the making of the constitution. The word ‘offices’ is of Be ope upon the election for ratification. ‘Phe proviso }eection also exctudes from the right to vote for je9 to the convention every person excluded from ‘Aho privilege of holding office, by an amendment to the seonatitution of the Unitod States proposed by the Thirty. swinth Congrsss, and known aaarticis fourteen. ‘Pho sixth section prevides:—*"That until the peapie of “the anid rebe! States shall law admitted to represen- wantion in the Congress of the United States, any oi saraments which may oxist Urorein shall be deemed pro- ~wintomal only, and im al! reepects subject to the pars- moant authonty of cho United States, at any time to “abolish, modify, costrol or euspend the same, and in al! elections to any oftice under such provisional govern- «ment all. persons shall be entitled to vete, and nore ethers, who are entitled to vote under the provisions ef tro Gfth section of this act, and no ‘Person shall be eligible #0 any office under any euch -Provisienal governments who would be disquaiitied fom bolding ollice under the provisiens of the third articiec! said ection of skid constitutional emendment. ‘It Will be observed bere that the qualifications of a woter are by the fifth section limited to the election of delegates 10 the convention and to the question whether swacheonvention shall or shall not be held, and that no cation 1 declared tor delegates 40 to be elected ; *bat dy tho sixth section the same qualifications as to ‘Voter. are required in all slections to any olive under the eating provisional governments during their con- timuance, and as to eligibility at such elections certsin er op rare excluded. i a it wection of the Supplemental act provides “That the Commanding General in each district ball -eause a registration t@ be made of the male citizens of the United States, twenty-one years of age and upward, «weedent ineach couaty or pafish in the State or States Sactuded in bis district, which registration shull inolude s@mly thos persona who are qualified to vote for dele- bo opt by the original act.”’ The person offering himself registration 1s also required to take an oath which, far convenience, | now divide into paragraphs or seo- > ph grant ed Bear as may be the ianguage of the ect He musi swear oruifiray as follows:—That be is a eltwon of the State, and has resided in said State for —— months next preceding the day when be takes the ve@asb, and that be now resides in the county of —, in eaid State of —. ‘That bo is twenty-one years old; that he has not Been <hetranchised for participation in any rebellion or ivi war against the United States, nor for f eom- cmpitiod against the laws of any Siate or of That ho bas never been a member of any State Leg- -telature, nor held any executive or judicial office in an} afterwards aged im insurrection or rebel ‘Stats for the framing er amendment of its constituttom ‘wouldmnawer to the desenption of a State Legislature ‘Within the meaning ef tho act. Such a convention, althoogh it ig clothed with legislative powera, cannot properly be denominated a State Legislature; and im the acts uow under consideration, @ convention and a legis- Inture are expressly distinguished from each other; for ttey require the consitution to be framed by a conven- ton, and they require the Legislature of the same State to adopt the constitutional amendment, When, then, 4in the same acts they again use the phrase ‘Legislature ‘of the State’ they must be understood to use it In the wame Sense and aé distinguished from a copstitwtional convention, But as to those Legisiatures which passed “what are callea ordivances of secession, by whatever name they may bave been called, 1 am of opinion that ‘their members are properly comprehended within this digqualifying clause; for I can imagine no official Legis- lative position in which the duty of allegiance was more distinctty violated. ‘Tho next and more difficult Inquiry is, who is to be considered ap officer of the United States, or am execu- uve or jodicial officer of any State, within the meaning of these clauses? Various classes of officers are here intended—State officers and federal officers, and execu- tive or judicial officers. No legislative officer is men- Uoned, except a member of a State Legisiature, or a member of Congrese, The descriptions used as to other officers are, as to State officers, that thev must be judi- cial or executive; and as to « federal officer the terms executive or judicial are not expressed. Ho is described. as simply ap officer of the United States. It has been shown that federal officers aud State officers are classified separately in the clauses of the act under consideration. I deem it profitable and conducive toaclear order to follow this ciassification. I shail accordingly drat con- sider what State officers are incinded in the terms executive or judicial This phrase is twice used in these clausee, with the superadded description ‘tm any State ’”’ in the first clause, and ‘of any State”’ in the second clause, I think the control- ling term of description, if there is any repugnancy in the terms, must be taken to be the last; for that is used in the most comprehensive clause as to the very officers named in the first clause and to others. Besides, it is the same term of description used in the act of’ Con- grees of 1759,deciaring what State officers are required to take the oath to support the constitution of the United gentlemen the rebelli olections tho duty ‘of the board is to receive the votes of | thongh loaded with the proposed honors, the meating of this law, toaave eucened tr rebel the persons whose names are upon the registration, and There is tittle doubt that ms resin) re All persons who during the rebellion acted in an | t6 reject all otwers There is no permission anywhere lo | stumping the South are doing wrap perfec official capacity where the duties of the office neces- | change or falsity or to adda le name to the regis. | tion’a vast injury. ae See burs e argh ine sarily had relation to the su; Of the rebéliion, such | tration, or to crase a single name which appears upon ft, | Submission ou the part of oe fag paapiss as eI as members of the rebel Congress and rebel conven- ’ HENRY STANBERY, Attor ney General, | utmost assurances to ina: e‘Tect, Messrs. Kelley tions, diplomatic agents of the rebel confederacy, or son have omitted no opportunity to remind the Southerg : such other officials whose dutios more especinily apper- peopie of the terrible past, sulrring uP bitter memorien ) tained to the support of the rebel cause, must be held CUBA, constantly preseuing of their to come within the terme of exclusion, Officers BUR. horrors ond inburnanity of pentyl ye tio other baad rebel States él penne e they laud the joyal necro, arra discharged’ oMtcial ution not “ikeident tor war SPECIAL CORRESPONDENCE OF THE HERALD. nad ani hiet toward the Probable contiscation of” he prewrv ro | of their iormer masters, which, in such a case, te lemmbiaeretod eb law, Pagan 40. ba fi: More About Failures—A Foreign Thief in a | Would be Mod out amon; them, Such a programme : . of our country thereby engaging in rebellion, The interests of human- | Native Condition—Steamer Movements, &c. | will im sadly with the ‘restoration ity roqtire such officers for’ the performance of sesh Havana, May 18—P. M.-| and its, ultimate prosperity and. bay inane. Weeeere, official conduct in time of war or insurrection as wéll as | 1 understand that the failure of J. A. Suarez Argudin, | 2’dge Kelley speaks is no: perform: score of whites, while the negroes greet him by thi tan never be conmiered. de erie, euch, 4atie8 | sat month, will turn outabad affur for thecreditors, He | sands. The people of the North should Took roll myself te the conclusion that Congress could have meant | was not only a planter, but also a speculative merchant, Dred a — or to be loyal, happy uniter that such porely civil and necessary offices involved the | and as his indebtedness amounts to nearly three millions, ‘A meeting of the mechanics and workingmen of RH ’ the must cogent hangeares ae eae a ANIE Pt | ne fact of hig possessing several sugar estates will avai | eliy was held here to-nizht, for the purpose off cath for lawyers, coatd thantfeas ‘such a purpose, The | little for the time boing; perhaps only in the course of — ee ppiainoe a thie oly. lara Foference to. the claune to mbich'T beep atten assy | Several years may the creditors beable to make an end | Were eleciod, the followin: platform was adopted amid} this language: —"'The third clause applies to the seeking, | Of this failure. In this respect we are retrogading to | vast deal of confused discussion :— acceptance or exercise, not only of offices created for | the times when such failures were ala mode among ‘Whereas the people of Virginia will, upon the comple DerORG al Gey as {hope emerd whien we rertionts ters, SBled upon We dviermise whether there shall be a6 Dut aiso of any of those offices ‘which are required in | P80! called “upon, to deicrmine whother there, shall bee every’ community, "whether in peace OF war, for Tam able to, give better account of the suspension of Gelegetes 10 such convention, it is essential to the int the administration of justice and the preservation | Santa Cruz de Oviedo. This was a casual difficulty, | ests of all the peopl to nutte in parmonioge setton Sear ttre md no such, Purpose in the useof any of fe | which he might have avoided by a little forethougnt and | Of the Commonireaith, Loth white and » Congrea, thal, e ingly of the optpion that the holding ot a simple. judiciat | proper arrangement in the maturities of his promissory | State may again assume her position among the other z the office, of otner executive offices oF public employments | notes, which became due nearly all together, and un- | Of, ine Umion, and that peace may again be permanent as are of a purely civil character, such as county office, | rorunately at a most unlucky period, when nobody | — To this end we, the mechanics and workingmen of very vague and indefinite import. Everything con- | munictpal offices and all others of a like nature, which id city of Petersburg, in public niceting nssetabied, adopt af ing the administration of justice or the | were not created for the purpose of more effectually car- | can. borrow money, even on undoubled security. | oui guide and rule of action the following platform: general interests of society may be supposed to | rying on hostilities, and which did not involve the per- | He fonnd no difficulty, ‘however, in making | , Article 1. eS ne mitod pine CI te within the meaning of the coustitation, expscially Cxpressly in fartherance of the Te- | 116 most accommodating arrangement with his credit- | equality among the States of the Union. 8. Gectorastiy et if fees or emoluments are annexed to the office. of this part of the wd the act of Congress known as the Sherman-Shellabarges But there are matters of temporary and locab concern. ors, They are not many, and were ready to give him | 4, which, although comprehended in the term “office,” even more time than he actually needed. He owns, I oie iracwon th me wa hepsi pets w believe, four or five plantations, and his reputation | conferred ‘them by the Iiw, und invite "hem to eat with us fu maintain if exe articles as containing all the: stands good. He has tong entertained a desire to free te ante Unived Suutes requires for our ‘all bis slaves, and theneottle in the United States, after | tion to the Union. ! selling his estates. Notwithstanding the diloulties eae steel’ greta ~j he wi i terms are so general and indefinite that they fail to express with sufficient certainty a on the persons which this presenied themeclves, bis intentions intended to be reach It is to be have not. changed un the Jeast. lt will only be @ quas- drat ioe. mE ‘a f ‘pest of ‘That ‘here Rink Powys eter apa Prospects, botere Bi nd onsuion, (hele te ne : ‘<= , hi will be able to discharge fw = against the United States, or given aid or comfort Bisaebest =. cnaturitg, oo Sho-omple cotistestion ot | fxthiese eee fogs Tpare Brosperky Sem be has never taken an oath asa memberof the Bg bogey frags rier petty es ficrareeg spice pet ae ee Emgemtgr eg ke a Gongreesof the United States, or as an otficer of the | rules had not been. red. The optim sorry t beye, to ota 3 ber theta te “a preas freely their opinions. ¥ - “ 4 United Mates, or as a member of any Biate Legislature, | manifest in the application of the law, and this uncer. | ch! ft. Twill name some be contained’ 1a FAY: -Reorieus WOUsE- | sis Ole ‘cll tt etfat of the neboctation Setég tations! #F as an executive or Judicial officer of any State to sup- | tainty necessitates construction, The necessity for | viz:— of commissioners RE ee ier” carina et Mn’ Matiaticns a Gon | Gost Wemkingmante: Union ‘Asmclstion’= wee sheniahs post the ecnatitution of the United States, and After- | consireetion, which arises tors of ea fo aber fs a la Pe stsbinteds seam thebean the word abiican," which smibotios the apgre’e}) ‘Wards engaged in insurrection or rebellion againet the rectors of Stal a a ts the breach of that allegiance, are meces- | since the war), at present ing at the Hotel de | idea of politics, being omitted, a large majority Waked States, or given aid or comfort to the enemies Shpvinted: by tue’ Governor or other State authority to | sarily modided under such” circumstances, Tbe | iafeierre, “The police having been’ sent for, the maz | colorca’ sen present. vored ih tbe showing That he will faithfully support the constivation and the laws of the United States, and will to the best sbility encourage others so to do ‘The second section of this act provides, after the com- pany of this registration in any State, and after at thirty days public notice of the time and places + ‘whieh the Commanding General shall appoint and direct, eam election shail be held for delegates to a convention, aad arule is givon to ix the number of the delegates to ‘te elected and the apporuonment of these delegates in the Proper subdivisions, giving to each subdivision ropre- -@eniation in the ratio of the registered voters. The third section provides that at the election for delegates tho registered voiers shall vote for or against abe convention. Tho fourth section provides for the election to ratify 4be constéution that may be framed by the delegates, and the right to vote at this election is confined to de Persons registered. ‘The sixth section provides that all elections in the States Mensioued in the said original act eball, during the operation of such act, be oy bailot; and ail officersgmak- fing the said registration of voters and conducting said selections «ball, before entering upon the discharge of wWheir duties, take an oath prescribed by the act of July ‘2, 1862, antitied *‘An act to prescribe an oath of office. '’ The first consideration which requires my attention Bypon ihe quésnon as to the right to vote arises wpon the wogistration of voiers. The question of qualification or Raqualitication ts fixed by the registration. No power oti and a was arrested—a swarthy fellow, with a very suspicious | bow thoroughly imbued they were with the doctrines of that obligation less nsible than in cases of | looking eye. He gave huawei out a8 an American citizen | of their a teachers. Yhis somewhat annoyed the temporary or local insurrection; nor must we forget | who came in the steamer Cuba from New Orleans; io | whit- portion of tho audience, who, however, refrained that throughout therebel States there were large classes | looked very much like some of those Floridan Ameri- » from any demonstration. of their population more or less opposed to the rebel- | cans of Spanish or Italian extraction. He uohevitat- Mr. Tappey, one of tho vice presidents, arose and ad- ious Eten gs who were yet more or lesa noces- | ingly sjated that, not having found any occupation, he | dro:.cd the colored men as fullows:—e had noticed « sarily involved in its support. I have aiready said that | had determined upon any “enterprise,” provided it wae | number of his colored friends vote ‘No. Why wae it the Eaewane used in this act as to participation cérries | noi to beg alms—tho poor wretch almost roused the by- | they preferred (ue name of a party ization at the the idea of voluntary participation, and Twa ‘satisfied | standers to shoot him on the spot. His iutentions were | North? He suppose’ it was because they thought that that these considerations growing out of the natore of | certaiuly anything but agreeable to Mr Chinn, as the | party their most particular friends; that they would ac- 1 the rebellion induced Congress to use the word “engage” | man had not only provided himeelf with’an tron bar, or | cord them rights which would be denied by others; that | in the sense of voluntary participation. When an in- | something of the kind, but had stripped himself of hig | they would associate with thew, and invite into surrection, by its continnance and power, takes the form | apparel to prevent the exibition of biood stains, I sup- | their pariors, as well as labor wth them in the of ade fecto government, and prescribes and enforces | pose, in case of being obliged to come to “close quar- | He greatiy feared if such'wag tho belief of his hearers laws over the people within the territory, in- | ters.” The poor devil will reap no beneft from lying | they were miataken, if tue past could be a criterion to dividual rights and obligations undergo an 1m- | here in the Stote Prison, and it ts a pity that ovber steps | judge by, He asked them—How have colored CS evitabie modification, and the rightful and displaced | could not be taken in cases of this nature. been treated in the North? Havo they been allawe authority when it again comes to place must ina mea-| The United States steamer Corwin, from Pensacola | work sido by side with wiite men in Northern work- sure accommodate its actions to circumstances, and con- | and Key West, arrived after cg. this morning's | shops? Were they made equals of in any essential sider many things as rightfnlly dono which in # mere | letter. The steamer Star of the Union, from New | respect whatever? ‘‘No,” said the speaker; and insurrection would have no color of legality, This prit Orleans on tbe 16th inst., bas jast arrived. She will sail | would not recite the kind of treatment colored men had ciple is recognized by all civitized nations, and bas bel for Philadelphia on the 218t inst, The Morro Castie’sailed | been subjected to there, as it wonla do > He =a enforced in England by statute and by the de- | with's iarge number of passongers, as also the Panama | asked them to watt wntil the Dutch, Irish, and } cisions of courts as carly as the reign of Henry the | for st. Nazaire via St Thomas. The Darien, from New | the Yankees came flocking to Virginia by Lundreds, as Seventh. Ovedience to the de facto government estab- | Orleans on the léth, brought forty passengers, haif the | they woula do; for the O!d Dominion ia certain to be- lished under a usurping monarch bas been held to in- | number she brought the previous trip. come a great manufacturing State, Then they would volve a subject in the guilt of treason to the lawful Ps RT EE A seo how they would be driven from their and from every respeciabie and lucrative em ment. Giving due weight to these well euablisbed princt- ATROCIOUS ASSAULT AND ROBBERY IN CHICAGD. He. told them "they wooit then wah tay hed ples, I proceed with the inquiry. 1am of opinion that | 4 yell Known Sporting Man Robbed of | listened to the sober ailvico and cou that perform Ce doties, as exeminers of banks, notaries public and commissioners to take acknowledgments of deeds, The ‘rale laid down, and these illustrations will, perhaps, be sufficient to determine who come within its tion. The next disqualifying clause is founded on the oath of office, The oath, as incidental to the office, is not mentioned in the first digqualifving clause, but the office a But in the second clause the oath is made to upon the intent, collected by considering the cause and essity of the act, and comparing one part with another, and sometimes by foreign circamstances.’” I deem 4 proper here to fix some clear ideas of the general intent of these acts, and show by what role of con- struction—strict or liberai—that intent may best bo ar- rived at. The intent, as exprossed, is to enable the people of each of these States to frame a constitution for the State by the exercise of the right of suffrage. There are clauses of the act giving the right by general terms of description 1o the people generally, and especially to those who have never enjoyed tho right before, There are other clauses of the act, which by general terms take away this right of suffrage from those who have always enjoyed it The rule of con- struction as to the Clauses which give the right must be liberal, and to them the general terms are not to be re- stricted, but to those clauses which derogate from the existing mght, the rale of construction must be strict that none should be excluded who are not clearly with- in the letter and Intent, Firs=I begin, then, with the inquiry whether officers of the militia of a State are embraced within these ter as a necessary eioment in order to work disirun- chisement; and it is applied to the same classes of off- cers named in the first clause, and also to others not pamed ip the first clanse—that is, to officers of the United States, Itis an oath to support the constitution of the United States; and it is clearly provided by this clause that if this onth bas been taken by a member ofa State Legisiature, or by an executive or judicial oflicer of any State, then such pereon violating that oath and epgazing in insurrection shall be disfraochised. 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 execntive or judicial otticer of any State who had not iaken an ath to support the constitution of the United States, 1 incline to the opinion that this oath is put asan essential thing, the breach of which, by insurrection against the United States, violates the trast impuged by it upon the officer. But this clause, so far as the executive or judicial officers of a State are concerned, does not enlarge the clasg sub- i +0 given to any othe any other | terms of description, and I have no doubt that they aro | ject to disfranchisement. Tho officer breaking the cath | some direct overt act, done with the intent to further " Southern men had given them, the men among whom § eaiktley ater "Ene “Wegistration ia “eheaplored | DOL Certainly Congrens as to’ the ‘Siheerstof tare, | sebich works diefranchisentent ‘must also be a judicial or | tie rebellion, 1s necesaary to'bring the pany. withia the Been, an antes ce they had beeu raised, with wilom shey bad in ’ change We registrr. The persons whose | Was not content to use the term at large and without | executive officer of a State, according to the rule herein. | purvi end meaning of this law. Merely disioyal it erey) ieee See a “the Aq childhood, by whose side they had toiled in the field & Wenare.admitied to registration are enlited to vote, | qualification, bat an we see, intended vo qualify the gen- | before established. T'do not apprehend eny practical } sentiments or expressions are not suficieat. The person Gaherall Seeman eee. tele ee and Jn the Workshop, aud with, whom, they hed drank Wect to the limitation hereinafter mentioned. and j eral term. If the purpoee was to designate mili question will arise bere; for, by the constitution ry bid -: acl 5 speaker, fe beothers, This registration must be compte be. | oilicers, tho usnal wae to manifest thav teteal ‘would | United States, this oath’ js required to be taken by the | froim the taint of disloyalty, The meaning of Congress i of ho fe M ee ioe. street, sar | “yon will discover when i is only too lato that yout for § the first day of September, 1867. The functions of | have been adopted, and the terms would bave been the | mombers of the several State Legislatut i) hero 8 yot more evident when we look at the ast Teo well’ thay waar 4 774 Ph a — . | true friends wore the Southern people that you had we a board at eagediion cannot be extended | Judicial and executive, the civ:lor military officers of | tive and jndicial officers, both of the United States and | clause of prescribed oath. He is required to swear , wel a - Bp < an ced we ay, bed known all your itves, ana not the stranger comet Dey. Wad that fixed time; but after that the duties which | the State, Aecordingly, wo find when that was the pur- | of the several States; and in thes» ton States the samo | that he «will faithfully support the constitution and | the victim. Op bie person, it was sto Among you to*win your confidence and use you for the rem. &D.to.be performed by the officers compoving this | Pose, as we see it was in the third section of the | cath was required as to members of the Legisiaiure and | obey the laws of the United States, and will to the best the a . bow font poet ol eee seca- | advancement of his own personal and selfish ends,’ Doar fare limited to holding aga superintendimg the | constitutional amendment, known as article four- | the executive and judicial officors of the State. 3 | Of bis ability encourage others so tw do,”” This part of pond fthe faded. Slory bet ey pn This short but touching address had a marked effect on elect, ene.and waking the proper returas to tbe com. | seen, Congress expresses that put very clearly, | brings me to the question, Who is to be considered ‘‘an | the oath is mot exculpatory, but promissory. It | trators of . 'y the colored of the assemblage. They could not yepee io tee. meal past. | Gidpnotd's block, dirwetiy 8 Pape S Ne eniidceten | toe Dullding, heard © mand Wg general. ‘Thi Morings us to the direct queston, Who are entitied m? bas 4 AS 10 citizenship and resid —No person fe entit. Be to vole Who shall not be resident in the State fereone Year previous to the day of election. It is not mecgeesat Y Abat this previous residence for a year should ox) tt at 1 be time the person. applies for renistration. A por oa ii All other respects extitied to vote ia en- Aithw to. reg<wtration, although he bas mot at ‘what aime been o resident of the State for a full year; for fwd 10 She supplemental act that the oath as to resi- enc ¥ doerweo! require the applicant to swear that he ‘Ines |, bon Dewn a resident for a year, but only requires officer of the United States,” within the meaning of. the clause under consideration? Here the term officer is used in its imost general sense, but admit there was @ siropg argument in it that carried conviction home, and they began to think was | had trusted too blindiy to the new friends who W. Bouran, who | taken them gratuitously under their Southern men say or do, they were the bioody | to judge of their sincerity, but their Northerm roans | “rapublican’ was sot again uttered during the toe “ ican"? was not im utter uring: 7 with | andthe ‘audience dispersed, bots. races’ pleased wil what bad been Gone and said. THE POLITICAL CANVASS IN TERMESSEE. nel Stokes and Ewersen Etheridge at or Re ntative in Congress, or elector of President or Vico ident, or hold any oflice, civil or mill , under the United States, or as 2 member of State ture, or, a8 an executive or judieual fe hang ‘shall have evgaged in insurrection or rebellion against the or given aid or comfort to the nemica thorvot. his th section is expresely referred to more than once im these acts, It i8 made, in fact, @ part of these acts. Its Janguage is followed word for word in these disqualifying clauspa, a8 far as was posmbic, except in the lar ta whieh one ig made to apply to eligipility and the other the right to vole;.when, therefore, wa find that Congress i declaring what persons shall be disiranchised from Hie Phe Es & é BEERS SEEES ik i Gham : » state the number of months of his residence con- | boldiey any office, iy Sn ta Memphie—Interchange of Radical and Rebel ton \p) Ving ® period less than as well asa full term of tai 4 Views of the Reconstraction Question. twa lesmonube, Therefore, as to such a person so regis "To Meurms, May 25, 1867. tera 1, © i+ Rappen at any electii ubsequentiy to be . beid | ‘Rat the time of bis residence, counting from tite day of election, does not cover an entire year, De cannot ore at such election; for tbis I Colonel M. B. Stokes and Hon. Emerson Etheridge spoke here to an immense crowd of whites and blacks H af aa to residence change construction from laws ip pa.z materia bas a more cogent: vn Pe vgs nee is Bi act, an itis expiicitty provided by | applicasion; for it is evident bere that the lawmakers in ‘the id “S aeaeee it shail include only those who | framing the disquaiitications of the voter, took special ation sn tne | _M& Etheridge devoted the most of his time to a0 ex. the origival act. To carry out | cognizance of the (bird section of the amendment and the lett eye 1W im this respect as to residence | weighed it word by word, following it literally for the | ‘esinst directly beneath ian, Registration mone none opposite pee ame bevd iy 1 rejecting ‘deliberately the very word in- | « were, ‘oe ‘and bis eft parietal done. whose remdence mot extended to the | ter 10 embrace of ¥ 1 rom exact Ume of bis residence. {n mind tbat we are here yevaueerag the ‘class of mit. | 0 a soenmsone” ar a heme “4 ey Sree Te Thad been ‘kicked b yy tizenahip:—The qualification stited in the | tary ollices who were auch prior to the rebeliion, ~ me, ant + - We See Cees ton enttaa hy is Citizeuship of the State, but by the Orit | when the office was lawful, and who were known as to him of the votes, lists of voters, and | and of $18,000 whist sened in the linin © final section in the supplemental act ibe | oftcers of the militia, not that class who became military of the persons clected as delegates by a} of bis vest. wert ga ig reares ie to be made of the male ciizene of the | officers during the eebellion. Ast inv last class, they [neers Ayah pny pe per ep Page des a neg meg yey oye | and as to the oath, the applicant « only | aii come under that other clauses of disqualification Hope ep erp pin bared tobe ery Saperecom Fk A He a ES ‘ear that be ise citizen of the state. 1am | which applies to participation in the :ebellion, the sieses ot Sohagutes According to the returns | rious afiair, On jase the spot where lay the phrase citizen of tbe State, ac axed | Seond—Having the inquiry ti. cireumecribed to oI CURT OE ee aa, Ma Same. | Ge ee Ot Na ore is nnbetece te. ‘ intended to include. only eneh persone a8 | Civil officers, the question recur. What civil omeers | My Set A toall: bo. seats even Te | cn en a ee ce en eee ‘nited States and citizens of the | are to be brought within the terms oxecutive or judicial | deem given on wae for a convention, the Sp eace mate na oe ee oe pe eT Oe tall ’ officers of a State? ‘They clearly nelude, so far as | stitat commanding in sixty days from the date the room were several spots blood. thore ‘THE PRIZE RING (8 THE WEST. been made Executive officers are all b om grante. of election, shall the delegates to assemble in con- caenge orueuene ot oe elear murder are sufficient pont Se est aarally Keown by the proper description | gros Eoattons end suid convention, wee it Kicked ary eny ican onraaanecandea i boric, carla Bhalipeged state on! +t & peas, moon the Cooreniion aeonene | coed to frame & constitution ‘and otvit ‘ac. Ur. Lee Keeps wires fine blooded, horn, About half | Aaron Jones, who came hero to fight MeUool, of Gaeies ot C than io epplteanio tea welt knowa aiaan, cording to the provisions of this act and the actto which | pest six o’oloc! pe hy them, in | Louts, has received a letter, in which the latter declines: the Governer, Li Governor, State Auditor, eg pony gh eight crolock. wubing more was | ‘0 leave St. Logie, Ho invites Jones to come out there - Treasurer, Secrotary and State officials proper who ety, O° neon Deno on until the noise caused ni fal, if be wante a mill, Fr Rond-—Ae to age; —No one is entitled to registration | exercise executive functions at the seat of goverament. tre con: | called the attention of several persons 10 hie room.” ‘The ‘eau qyhe not at leat twa StY-one Years, of age ou te day | Lam oot prepared io aay that only these proper State or to be ap. | nirangest tircammanees connected with this very mysto. SUPPOSED MADER 19 CINCINNATI. caren we eae forces, “om the qualidcation as 80 rae srevered. se {2 adic ofteers of « State co limit the ERer tos cues Salah a Ser wea Reed to terns Cixcnxani, May 26, 1867. ‘majority must exist on the date I judges or courts whose fetion ox- eeu believed German shoemaker, sraeaane, the fact that Oe tne day of the subsequent | tends through the entire Stave. “T'mast concent myself | ar se Upon fiven by said con- | teen closed, and it belidved that mo one could possibly | The body of Herman Kub!man, a ‘ siection, in saying ot these officers, executive or Judicial, that be The cout of Mr. Lee gag cu tn vera fir nce the | Che mrnarwedty dimopeare tree Third—Next os to dim ‘Tanchisement —I shail cou- | they are clearly within the meaning of tho ! in the wetwee oe : open. Im this ket Was | was found floating in the river yesterday under eiroum- disfranchiwement according | changing the inquiry from an affirmativ> to more wiist couseioing 9700 sad some odd change advocating been murdered to the order cod dienes Om coctions Derelaafver stated, | tive py ob officers as usually pass under the | in silver, beside noten, papers and letters, His vont was | "2°! semen s. = sacnoe aud first as to the general cin, U0 declaring disfranchise- | th scription smunictpal’ do not come within in the seine condition ee waa the Coat, the pockets being ment. The fifth ecuon of th @ original act demes the | the purview of the act—euch as oflers of ig tal etoce | cut open, When questioned as to the amount of the RAILROAD ACCIDENT IN THE WEST. Fight 0 vote to such as may be disfranchised for partici- | cities, towne, villages,and subordinate municipal divi- ‘of their | bonds which be had in, bis vest, as be previously stated NArORT, pation i the rebellion or felony st common law. The | sions, whether theit functions are executive or judicial, the act | tue rutertug man, uttered, 1p tmonoayfubles, wat It was ee st ee ee ‘words bere used, ‘'In the rebeliig 1," must be taken to | or, as ss sometimes the case, where the samo acts by be an van o—§18,000."" Nothing farther could've got from The Strakosch Opera Lge Bnd with 1 ? goean the recent rebellion, Wat ta "supplemental act ap~ | in toth eapacies Outside of these two representatiy¢ Y ial 7 ecient beveete EO EN cod Briveeh, Oat heey larges the disqualification and req vires the applicant to | classes, clearly” wittta, oath in this ac From the Chicago Tribune, May 24, recede melee . Guaapenen be bes She been a hived for parneipa- | the last of which ie clearly without ‘the pur. = eolfioas } tod two chore os wonlh Ay ban anal pf fica th any Fevellion or civil wer agunat the United | view of these clanees, we find in each of these States & thus daly | The of Mr. George W, Tee in reported to be | Sag the other members Of the company escaped unin- nor for felony comm, ‘ed against the | host of officers whose status ie, In some way, to be de. LJ termined. it ie impornibie here to proceed by way of | fact.'’ The (characteristics of this clause of the act are enumeration, and to distinguish by name ali those who | ‘herefore repective, penal and penitive, Of course are incladed and ail thore who are exciuded; ail that | there can bem’ qHestion as to ihe rule ot construction can be done is to establish come fixed rules, T feel the | which is bere &” be applied. Those who aro expressty necessity of circamspection here, in saying who are in- | brought with .'t# operation cannot be saved from its De of any State or of the United States. Whi thea, works & disfranc \isement under these provisions? Whether we can co. sider thie disa- Dointy ae apising out Of peruicipation in a, rebellion or the ccmatiiasion of a felony, the mero fact BTAINU.D FROM Staten wah ae tile be sken by tte person applying for regiteration, | ie person 2s $18,000, which consisted of sixieen ceven- PeoLUTE LEGAL piv Ate LE \ teh participa and de oath to be taken persons composing | thirty bonds, of $1,000 each, and four of $500 each. the courts of hit aud ‘comm)saion “ \atranchisement, rather - ‘Wher ¢, from the gonerality of terms of de. | the Beard of Reg on, @ dniies of the The tact was known only to bis nephew and woman Melty as legally po * Croelty, drunkenpess or pony fe a3 ‘work, = re Soe, coment t Fv ty yh a whens teers enum ce siriptions or for .*ny other reason a tenaonane doubt | are» wt, to mee and complete the registration | who froquently visited his room. This female is de- came sin No in advance. — Advice moet be ascertained jadgm, mt of al cont Dg to the rnie of covstraction, which hae been re. | arises, that doubs h' t0 be resolved against the operation | aud mperintond \ghe elections The first question } scribed as o tall person of very marked and distinct 1 a8 tthe duties\ and powers of the Board in | feaiumes, dressing always in black, and when in pubile " - mating a3 completing the registravion, The frst section | clostiy veiled. the Wf onderstond wo have said that ahe | T)VORCES, OBTAINED provides “chat the co fing general shall cause © | hai net visited hie apartment in six weeks, bata janitor | publicity or 9 At ferred that doubt must be solved in favor of, rathor | of the law and in fa"or of the voter, What sets then than a pet the right of the voter. The excin- | within the meaning o' this Iaw make party guy of whe ue comprehensive as to time, 4 | engaging ID indurrecth © OF rebdeltion ayainet United applies not only to thore were tn office w be | States, or of giving aid OF Comfort to the enemies there rebellion cominenced, but those who tieldetho pro- | of? The Inngunge here Comprehende every foreign war bivited offers at ang previons time, altwough they tay | ip which the United SA \tes bas at any time ued by roof & legiviative act = pumed = by vetent ph. . Distranch: ent for fe OMY Com- 20 (116d againet the laws of a State or of the Unit “4 States © cesquenmt ons conviewion ID the courts etthey of the ' d States or of a State, or declared by the h 8 of registration be mado of the male ertizens of the United | in the badiding is positive that be ahowed her up to the wiatet, twenty.one reare o€ age tnd opwards, resident in | room cn oday Dignt It is underttood tat oo Wea. | —— lam nota * each cousty of parca im th 4 State or = borg y nesday ‘od MF Leo was teen > peg fe OT Penind i" 1 Y : ‘shall i t th a Angular jogking stranger at ike corver of ly atin States which works dixt\ an- eased 0 hh ofice no Indefatie number of | gaged. The Gre part of Kv sentenoe covers the cake o: | bis district, wh.cu rogtotratlont i teclude ealy the fom sith i BS 77 Naxeaw treet e hiement as to the right of aulfrage by force ut the yet ‘prior tothe revelion, Tt. sounded ow. the ead scien, Wnt the al parr COPOND eee eer tne | Sos afore “ra Who ball have te snot eomerived BA sear oF B00 ian tof the atfort and denivery pre CARDED IN ALL LRGALIZED Lot pe ‘8 consequence follow from the ch of officer trvat dhe to the Btato ab the aather | rection, i t che following cath fi thie oath the per- | to the police autmoritien of Sea patty or parler whe com- Werice.—One Bundred per. cent allowel, ~ on or conspiracy te eovnit or donor et the tr the idea of a | words ‘giving aid or comfa."t to the enemies of ti wo following oath or afirmation,’ * By cs a ne bre fer cent silo ‘“ 1 inves 5 tet tay cles exh vb parvanpenes 19 rele Te gh bregch ci (uee bul ariatnyt merely Irae ailegiayes as a M Uuited Staton ase the mame QW im tbe eowmygutions: F gw abi) ins ior svyubeation mum Qrear or wiBra te F mitiod Abe airortous deed, and Wee per cont ou wi! | wane + CUOTE, Broker, 1" irmdwage