The New York Herald Newspaper, June 17, 1867, Page 8

8 NEW YORK HERALD. MONDAY, JUNE 17, 1867. under which these people live. It isa power to pre- serve, not to abrogate; to sustain the existing name of social order and civil rule, and not a power to introduce military ruie in its place, 1p effect it is a pottee power, and the iow, here intended, ts protection of per rons property against violence. unlawful force and criminal infraction. It is given ww meet the contingency recited fv the preamble, of a want of ‘adequate pro- tection for life and property ;” and the necessity also re- RECONSTRUCTION. The Powers of the Military Commanders, Opinion of Attorney General Stanbery. The Depar* nent Generals Have Yo Power to Remove Executive or Judicial Officers, or to Appoint Persons ip Thelr Places. mode and by what agency this protection is to be secured. This duty or power of protection is to ‘be performed by the suppression of insurrection, dis- order and violence, and by the punishmeat, either by the ageucy of the State courts, or by military commis- siovers, when necessary, of all disturbers of the public peace and criminal; and it i@ deciared that all ivter- ference, under color of Siate authority, with the exer. cise of ‘this military authority, shall de null and void. ‘The next succeeding clause provides for a speedy trial of the offender, forbids the imfliction of cruel and un- ‘usual punishment, and requires that sentences of these military courts, which involve the liberty or life of the accused, shall have the a) of the commanding general, and, as to asentence of death, the approval of the President, before execution. All these sp-cial pro- visions have reference to the rvation of order and protection against violence aud crime. They touch no other department or function of the civil adminis tration, gave only its criminal jurisdiction, and oven as to that the clear meaning of this act is, that ¥ 1s not to be interfered with by the military authority, unless when a necessity for such interference may happea toarse, I see no authority nor any shadow of authority for interference with any other courts ur avy other juris- diction than criminal courts in the exercise of criminal jurisdiction. The existing civil authority 10 all ts o:her ‘dopartinents—legisiative, executive and judicial—is le’t untouched, There is no provision, even under the plea of necessity, to establish by military authority courts or tribunals for the trial of civil cases, or tor the protec. uon of such civil rights of person or property as come within the cognizance of civil courts as contra-distin- guished from criminal courts, In point of fact there was no foundation for such a grant of power; for the Civil Rights act aud the Freedmen’s Bureau act—neither of which is superseded by this act—made- ample provi- sion for the protection of all merely eivil rights where the laws or courts of these States might fail to give full impartial protection. I tind no authority anywhere in this act for the removal by the military commander of the proper officers of a State, either exccuuve or judicial, or the appointment of persons to their places. ‘Nothing short of an express grant of power would justify the removal or the appointment of such an offi- cer. ‘There is Do such grant expressed or even implied. On the contrary the act clearly envugh forbids it, ‘he regular Stato officials, duly elected and qualified, are entitied to hold their offices, They, too, have ngits which the military commander is bound to protect, not authorized to desiroy, We find in the concluding clause of the sixth section of the act that these officials are recognized, and express provision 18 made to perpetuate them. It is enacted that ‘4n all elections to any office under such provisional governments 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 undcr such provisional governments who would be disquaiified Arrorney Genzra’s Orrice, June 12, 1867, To Tue Presrpant:— Sim—On the 24th ultimo I had the bonor wo transmit for your consideration my opinion upon some of tne questions arising undor the reconstruction acts therein referred to, I now proceed te give my opinion on the Femataing questions upon whieh the military command- ers require instructions, First, as to the powers and duties of these command- ers. The original act recites in ite preamble that ‘‘No Dogal State governments or adequate protection for lifo er property exist” in those ten States, and that “it is mecossary that peace and good order should be enforced” m those States ‘until loyal and republican State govern- ments can be legally established,’’ The first and second sections divide these States into five military districts, subject to the military authority of the United States as thereinafter prescribed, and make it the duty of the President to assign from the officers of the army a general oilicer to the command of each district, and to furnish bim with a muilitary force to perform his duties and enforce his authority within his district, 1 The third section declares ‘That it shall be the duty of cach officer assigned as aforosaid to protect all persons ‘tan their rights of person and property, to suppress insur- jvection, disorder and violence, and to punish, or cause Ho [be punished, all disturbers of the public peace and lerimimals, and to this end he may allow local civil tri- ‘bunale to take jurisdiction of and try offenders, or, when An bis jadgment it may be necessary for the trial of of- }rendera, he shall have power to organize military commis- | from holding office under the provisions of this jelons or tribunals for that purpose; and all interference | act.” This provision not only recognizes all the officers of the provisional government, but in funder color of State authority with the exercise of miti- ‘Mary authority under this act shal! be null and void.” | ‘The fourth section provides ‘That all persons put un- Mer militray arrest by virtue of this act shall be tried jwithout unnecessary delay, and no cruel or unusual {punisbment shall be inflictec; and no sentence of apy {military commission or tribunal hereby authorized, af- {gecting the life or liberty of any person, shall be exe- jeuted until it ypproved by the officer in command of ihe district id the laws and regulations for the govern- ent of the army sha:! not be affected by this act, ex- ept in so far as they conflict with its provisions; Pro- ‘vided, that no sentenve of death under the provisions of is act shall be carried into effect without the approval sof the President.” } ‘The fifth section declares the qualification of voters in all elections, ag well to frame the new constitution for ‘each State as in the elections to be held under the pro- sional government until the mew State constitution is atitied by Congress, and also fixes the qualifications of ‘Abe delegates to frame the new constitution. » The sixth section provides ‘That until the people of itted to representa- case of vacancies very clearly poimts out bow they are to be filled; and that happens to bo in the usual way, by the people, and not by any other agency or any other power, either State or federal, civil or mil- itary. 1 find it impossible unaer the provisidbas of this act to comprehend such an officitl as a wovernor of one of thes? States appointed to office by one of theso mili- tary commanders. Certainly he is not the Governor recognized by the laws of tbe State, elected by the people of the State, and clotned as soc with the chicf execu- tive power. Nor is he appointed aa a Military Governor fora State which bas no lawful Governor, under the Se ofan existing necessity, te exercise powers at jarge. The intention, no doubt, was to appoint him to fill a vacancy occasioned by @ military order, and to put him in the place of the removed Governor, to execute the functions of the office as provided by law. The law takes no cognizance of such an official, and he is clothed with no suthority or color of authority. What is true as to the Governor is equally true as to ail the other legis- lative, executive and judicial officers of the Static ¥ the military commander can oust one from his office he can oust them all, If he cap fill one ‘aid rebel States shall bo by vacancy he can fit] all vacancies, and thus usurp ail! ‘ton tn the Congress of the ited any civil gov- | civil jurisdiction into his own hands, or the of ernments which may exist therein shall be deemed pro- | those who hold their appointments from him and stb- ‘visional only, and in all respects subject to the para- | Ject to bis power of removal, and thus frustrate the ver, ‘mount authority of the United States at any time to abol- | Tight secured to the people by this act. Certainly thi dah, modify, control, or supersede the same ; and in all | act is rigorous enough in the power which it gives. Witt all its severity, the right of electing their own @lections to'sny office under such provisional govern- ‘ments, all persons sball be entitled to vote, and nope ‘others, who are entitled to vote under the provisions of ‘tbe fifth section of this act ; and no person shall be eli- ible to any office under any such provisional govern- ‘ments who would be disqualified from holding office under the provisions of the third arvicle of said constitu. ‘tional amendment.” The duties devolved upon the commanding general by tbe supplemetary act relate altogether to the ra {tion of voters and the elections to be held under the provisions of that act, And as to these duties they are ‘plainly enough exprewed in the act, and it is not un- derstood that any question not heretofore considered in ‘the opinion referred to has or is likely to arse in respect to them. My attention, therefore, is directed to ‘the powers and duties of the military commanders under officers is still left with the people, and it must be pr.- served, 1 must not be understood as fixing limits to the power of the military commander im case of an actual insurrection or mot, It may happen that an insurrection in one of theso States may be so genera! and formidable as to require the tem suspension of ali civil gov- ernment and the establishment of Jaw in its place. And the same thing may be true as to local dis- order or riot in reference to the civil_government of the city or place where it breaks out. ‘hatever power is necessury to meet such emergencie», the military com- mander properly exercise, 1 confine myself to the Proper authority of the military commander where Peace and order prevail, When peace and order do pre- vail it is not allowable to displace the civil officers and appoint others in their places under any idea that the original act. We seo clearly enough that this act | the military commander can better perform his duties ‘contemplates two distinct governments in each of these | and carry out the general purposes of the act by the ‘sen Btates—the one military, the other civil. The civil ray of civil officers of his own choice rather than by government is recognized as existing at the date of the e lawful incumbents, The act gives him no rigat to ject. The military govern is by the act, | resort to such agency, but does give him the right to have “a sufficient military force’’ to enable him ‘‘to per- form his duties and enforce his authority witbin the district to which be is assigned.”” In the suppression of insurrection and riot, the military commander is wholly independent of the civil authority. So, too, in the trial and punishment of criminals and offenders he may supersede the civil jurisdiction. His power is to be exercised in these special emergencies, and the means are put into his hands by which it is to be exercised ; that Is to say, “a sufficient military force to enable such officer to perform his duties avd enforce bis authority,” and military tribunals of his own appointment to try and punish offenders. These are strictly military powers, to be executed by military authority, not by the civil authority or by civil officers appointed him to perform ordinary civil duties, If these emer- gencies do not happen, if civil order Is preserved, and criminals are duly prosecuted by the regular criminal coarts, the military power, though present, must re- main [mame ls Bed ore ig to preserve thi peace, promptly when the peace is broke: restore order, When that is done and the civil authori- = Btate and itted to representation in Congress. s both these sional governinents are to ease. In contemplation of this act, this military authority and this civil authority are to be carried on ifogether, The people in these States are made subject ‘to both, and must obey both, in their re- spective ' jurisdictions, There is, then, an im- perative necessity to detine as clearly as pos- wibie the line which tes the two jurisdictions, and the exact scope of the authority of each, Now as tothe civil authority, recognized by the act as the provisional civil government, it covered every department of civil jerisdiction in each of these States. It had all the ‘eharacteristics and powers of a State government, logis- lative, judicial and executive, and was in the full and lawful exerc.se of these powers, except only that it ae not entitled to tation as a State of the Union. This existing government is not set aside; it is Fecognized more once by the act. It is not in any ‘one of fs @ or as to any one of its functions, reperied or thie act, save only in the quali- | ty may again safely resume its functions the military fications of ol peperd of persons eligible | yaa becomes again passive, but on guard watch- to office, t! ding elections, and the mode | ful. This, in my judgment, is the whole scope of the of framing the of the State. The act does | military power conferred by this act; and in arriving at this construction of the act I bave not found it neces- sary to resort to the strict construciion which is aliow- able, What has been said indicaies my opinion as to any supposed power of the mili commander to change or modify the laws in force, @ military com- mander is made a conservator of the peace, not a legi: His duues are military duties, executive duties, not legislative duties, He has no authority to enact or new code of laws for the peoplé within his district under any idea that he can make a better code than the people have made for themseives. The public policy is not committed to his discretion. The Congress which passed this act undertook in certain grave particulars to change these laws, and these changes being made the Congress saw no further ne- cessity of change, but contest to leave all the other laws in tuil force, bat subject to this emphatic deciaration, that as to these laws and such iuture changes a8 might be expediont the question of pediency and the power to alter, amend or abolish was reserved for “the paramount authority of the United States at any time to abolish, modify, control or super- sede the same.” Where, theo, does a military com- mander find his authority ‘to abolish, modify control or supersede” any one of these laws? The enumera- tion of the extraordinary pow not in apy other ment, nor does the act authorize the milirary a ‘thority to change it, The power of further changing 4} ww reserved, not granted, and it is re- served to Congress, not delegated to the military commander. Congress was not satisfied with the organic law, or constitution, under which this civil governinent ‘was established. That constitution was to be changed 4n only one particular to make it aeceptable to Congress, end that was in the matter of the elective franchise, “Phe purpose, the sole object of this act is to effect that change, and to offect it by the agency of the people of tbe State, or such of them as are made voters by means of elections provided for in the act, and in the mean- ‘ime to preserve order and to panish offenders, if found Becessary, by military commissions, We are, therefore, Rot at a loss to Know what powers were possessed by he existing civil authority. The only question is upon ‘the powers conferred on the military authority. What- ever power is not given to the military remains with the civil government. We see, first of all, that cach of these States is ‘‘made subject to the military authority of the United States’’—not to the military authority express limitation, “as ‘hereinafter _prescri ust, then, examine ‘what ie thereivafter provided, to find the extent and nature of power granted, This, then, is ‘what is granted to the military commander :—The power ‘er duty ‘‘to protect all persons in their rights of person and property; to su insurrection, disorder and ‘violence, sod te paatans or cause to be vanished, all dis- fe and per called a , has been, ‘turbers of the public peace and crimi: * and he may se! inted by the military com: to fill his place. do this by the agency of the criminal courts of the State, js presenting the strange spectacle of an official en- or, if necessary, he may have resort to mili tribu- | trusted with the chief power to execute the laws of the This comprises all the powers given to mili- | State whose authority is not recognized by the laws he Here isa general clause making it = Pi + 5 A H H 5 § authority to the military commander, in cases of neces- [pple ene of the act, it is liable, from | sity, to transfer Juriediction of a criminal court to a te generality, to misunderstood. What sort of pro- | military tribunal. That being the specific authority over jtection te bere meant? What violations of the rights of aman Sate roveetioa te be on? Theee wueneey de But in this instance the 1 men, by 2 is ; questions | commander. judge mi ures once. It some of the itary | litary order, been ejected from his aden tna @ prives commanders have understood this grant of po com Le i afi E $s bus no scrip or warrants for outatanding debts of other k ind than those specified-will ve paid without special authority from these headquarters, ite will deposit funds in the same manner as tuongh Luey Were those of the United states.” Im another of these distriow a body of military edicts, mgued in general and special or- ders regularly Bambered, and 12 occasional circulars, have been promulated, whieh already begia to assume the dimensions of acode. ilitary Orders anodify tho existing law in the remedies for (ue collection of depts, the enforcement of judgments and decrees forthe payment of money, stayimg proceedings instituted, pro- hibiting, in'certain cases, the right to bring suit, enjoin- ing proceedings On execution for the term of twelve months, giving now Hens in certain cases, establishing homestead eacmptions, declaring what shall be @ legat tender, abolishing 1 certain cases the remedy by for- eign ‘attachment, abolishing dail “as heretofore authorized” im cases ea contractu, bat not m “other cases, known ag actions ex deticto,” and changing, in several particulars, the existing 1aws as to the punishment of crimes, and direcung that the ertmes reterred to “shall be panixned by !mprisonment at hard labor for aterm not exceeding ten years nor Jess than two years, in the discretion of the court having jarisdiction thereof,” Que of (bese general orders, being number ten of the series, contains no less than seventeen sections embodying the various changes and modifications which have been recited. The ques- tion at once arises in the mind of every iawyer, what power or discretion belongs. to the court having juris~ diction of any of thee offences, to sentence a criminal to apy other or different punisnment than that provided by the law whieh vests him wh jurisd’ction. Tho concluding paragraph of this order, No. 10, is im these words: “Any law or ordinance heretofore in force in North Carolina or South Carolina, inconsistent with the provisions of this general order, are hereby suspended and declared inoperative.” ‘Thus announcin’, not omy @ power to suspend the laws, bat to declare them gemeraity inoperative, and assuming full powers of legislation by the midtary authority, The ground upon which these extraordinary powers arc based is thus set forth ia military order No. 1, iesaed in this dis- twiot:—"Yhe civil government now existing in North Carolina and Sonth Carolina is provisioual only, wad iu all respecis subjeot to the paramount authority of the United States at any time to abolish, modify, control or supersede the same,’’ Thus far tho provisions of the act of Congress ar? well recited. What follows is in these words:—‘‘Local laws and municipal regulations not inconsistent with the constitation and laws of tue United Stacos, or the procla- mations of the President, or with such sexuiauons a8 are: or may be prescribed in Ube orders of the commanding general, are hereby dociared to be in force; and, in con- formity therewith, civil officers are hereby authorized to coniinge tue exercise of their proper funcuons, and will be respecied and obeyed by the inhabitants,” ‘fhis construction of his powers under the act of Congress the military commander on the same footing us tue Congress of the United States, It assumes that “tbe paramount autuority or the United States ai any timo to abolish, modify, control or supersede,” is vested in bin as (ully as it is roserved to Congress. He deems himseli a representative of that paramount authors He puts himseif upon an equality witu the law-making power of the Union, the only paramount auvbority in our government, so far, at least, as the enactment of laws is concerned, He places nimself on higner ground than the President, who is simply au executive oilicer, He assuwes, dircetly or indirectly, all the auihority of the State, legislative, oxecative and judicial, and in eifect deciares “I am the State,”? 1 t that I find it necessary to speak so plainly of this assumpuon ot au- thority. I repeat what I have heretoore said that I do not doubt that ail these orders have been issued under an honest belief that they were necossary or expedient, and fully warranted by the act of Congress. There may be evils and mischiets in the laws wuicn these peopie have made for themselves, through their own legislative bodies, which require change, but none of these cap oe so intolerable as the evils ana mischief which must ensue from the sort of remedy appied. Ono can plainly see what will be the inevitable confusion and disorder which sucn disturbances of tho whole civil policy of the State must produce, I these mpititary ‘edicts are allowed to remam even during the brief time in whien this provisional military gove-nment may be in power, ue seeds will be sown for such a future har- ‘vest of litigation as has never beca itoflicted upon any other people. [ere is, in my opinion, an executive duty w be performed bere which cannot safely be avoided or delayed, For, notwitustanding the para- mount authority assumed by these commanders, they are not, oven as to their proper execative daties, ip any sense, clothed with @ paramount ausbority. They are, at loast, subordinate executive olficers, They are respon- sible to the President for the proper execution of their duties, and upon him rests the final responsibility, They are his sclected agents, Hig duty is not all periormed by solecting such agents av be deems competent; but the duty remains with him to see to it that ihey execute their duties faithfully and according to law. Itis true that this act of Congress ouly reters to the President in the matter of selectiug and appointing these command- ers, and in the matter of their powers and duties under the Jaw, the act speaks in terms directly to them; bus this does not relieve them from their responsibility to the President, nor does it relieve him from the consti. tutional obligation imposed upon him to see that all “tho Jaws be faitbfully execated,”’ Itcan scarcely be neces- sary to cite authority for a0 plain @ proposition as this, Nevertheless, as we bave a recent decision completely in point, I may as weli refer to it, Upon the motion made by the State of Mississi before the Supreme Court of the United States at its late term, for leave to file a bill against the President of tie Untied states, to enjoin him against executing the very acts of Congress now under consideration, the opinion of the court upon dismissing that motion, and it seems to bave been unan- imous, was delivered by tho Ch.ef Justice. I make the following quotation from the opivion:—"‘Very different js the duty of the Premdent in the exercise of the power to see that the laws are faithfully executed, and among those laws the acts named in the bill, By the first of these acts he ts required to assign generals to com- mand in the several miliary districts, and to detail sufficient military force to enable such officers to dis- charge their duties under the la the supplemen- tary act other duties are im; on the several commanding generals, and their duties must necessarily be performed under the vision of tbe President a4 Commander-in-Chief, The duty thus imposed on the President is in no just sense ministerial, It is purely executive and political.” Certain queations have been propounded from one of these military districts touch. ing the construction of the power of the military com- mander to constitate military tribunals for the triai of offenders, which I will next consider, Whilo the act doog not in terms displace the regular criminal courts of the State, it does give the power to the military com- wander, when in hie judgment a necessity arises, to take administration of the criminal law into his own and to try and punish offenders by means of military commissions. Io giving construction to this power, we must not forget the recent and authoritative exposition given by the Supreme Court of the United States as to the power of Congress to provide for military tribunals for the trial of cluzeus in time of peace, and to the emphatic deciaration as to which there was no dissent or difference of opinion among the judges, thatsuch a power is not warranted the constitution. A single extract from the opinion inority as delivered by the Chief Justice will X 8 assert that Congress can of war where no war lias been declared or exists, re peace exixs the laws of peace must prevail. What we do maintain is that waen the nation is tavolved in war and some jons of the country are invaded, and all are ex, to invasion, it is within the power of Congress to determine in what States or Disiricts such great and immineat pablic dan. ger exists as justifies the authorization of military bunais for the trial of crimes and offences inst the discipline or security of the army or agaiust the public safety.” Limiting myself here simply to the construc- tion of this act of Congress and to the question in what way it should be executed, I have no hesitation in say- ing that nothing short of an absolute or control img necessity would give any color of authority for ar- raigning a cityzen before a military commission, A per- son charged with crime in any of these military dis- tricts bas rights to be protected, rights the most sacred and inviolable, and among these i laws of the land = W. a citizen is arrai fore a military commission on a criminal charge he ia no longer under the protection of law, nor surrounded with those safeguards which are provided in the constitution. This act, passed in a time of peace, when all the courts, State and federal, are iu the undis- turbed exercise of their jurisdiction, authorizes, at the discretion of @ military officer, the seizure, trial and condemnation of the citizen. The accused may be sen- tenced to death, and the sentence may te executed, without an indictment, without counsel, without a jury, and without s judge. A sentence which forfeits all the property of the ot the tive authority rale throughout, in the trial, the sen. tence, and the execution, No habeas corpus from any State court can be invoked; for this law declares that ‘all interference, under color of State authority, witn the exercise of military authority under this act, shall be null and void.” 1 repeat it, that nothing short of an absolute necessity can give any color of authority toa military commander to call into exercise such a power. It isa power the exorcise of which may involve him and every one concerned in the gravest responsibilities. The occasion for its exercise should be reported at once fore the that ppened after juch as the tribunal to punish = of (ny apd are estab- construe if prospecti Otherwise it would take the ‘char: # ea ‘ i BE f i Ht i 53 i Hi {anton to de inflicted ‘hath noe be cruel or unusual. oe ee aie the fix the and direct wegen he anmtence, 1th only wha the sentence the ‘life of liberty” of the person that Say’ cnnen Where 1 ects the life of the socesed and only ja " the life of the that it ‘also the approval of the President. As to the mbary ‘abs oo coguimnes of toma i with the regular edminw- i : H il fi i i upon that vey in the public mind, caused m part by the errors of the telegt and the press ip ublica- tion, and in part by the inaputude of the gen reader to follow carefuily the success.ve and depeudent steps of & protracted opinion :— SUMMARY—WHO ARS ENTITLED TO RNGI“TRATION. 1, The oath prescribed in the supplemental act defines all tne quabfications required, and every person who can tako that oath is eptitied to have his name entered upop the hist of voters 2, The board of registration have no authority to ad- minister any other oath to (he person applying for regis- ‘tration than this prescribed oath; nor to administer any oath to any other person touching the qualifications of the applicant or the falsity of the oath so taken by him, ‘Tho act to guard against falsity in the oath provides that, if false, the person taking it shall be tried and pun- isned for perjury. No provision is made for ehalienging the qualifications of the applicant or entering apon any trial or investigation of bis qualifications, either by wit- messes or any other form of proof. and residence. The applicant for citizen of the state and of the ident of a county includ~ ian, Be may be registered it he ® period less i thd time be for registrat ut ‘unless his citizenship the fall term of one year. @ person the exact length of bis citizenship as gee mame on the list, so that it may appear on the day of election, u| ference to the list, whet! the full term has thea ‘been accomplished. 4. An unnaturalized person cannot take this oath, but an all who has been naturalized can take it, and no other Proof uf naturalization ean be required from bin. 5. No one who is not twenty-one years of age at the time of registration can take tue oath, for he must swear that he has thea attained that age. 6. No one who has been diafranchised for participation in any rebellion against the Uzited States, or for felony committed against the jaws of any State or of the United ‘States, can safely take this oath, The actual participa- tion in a rebellion, or the actual commission of a felony, does notamount to disfranchivement, ‘The sort of dis- franchisoment bere meant ia that which is declared by Jaw passed by competent authority, or which has been fixed upon the criminal by the sentence of the coart which tried him for the crime. No. law of the United States has declared the penalty of diafranchisement for participation in rebellion alone. Nor. is it known ‘thad any such law exists in either of these ten States, except perhaps Virginia, as to which state special in- stractions will be given, 7. As to disfranchisement arising from having held oftice followed by participation in rebellion, ‘This is the most mmportant part of the oath, and requires strict attention to arrive at its meaning. I deem it proper to give the exact words, The applicant must swear or affirm as follows :— ‘That Ihave never been a member of any State legtsta- ture, nor held any executive or judicial office in any State, And afterwards engaged in an insurrection or rebellion ‘against the United states, or given afd or comfort to the en- eiles thereof ; that I huve never taken an oath us a member of Congress of the United States, or ns an officer of the United states, or ax a member of any State legislature, or 4s an executive or judicial oflicer of any State, to support the Coostivution of the United States, and afverwards eogaged i irreciion or rebellion against the United States, or given aid or comfort to the enemies thereof. Two clemenis must concur in order to disqualify a per- eon under these clauses:—First, the office and official oath to support the Constitution of the United States:— Second, engaging afterwards m rebellion. Both must exist to work disqualitication, and must happen in the order of time mentioned, A person who has held an office and taken the oath to support the Federal Consti- tution, and bas not afterwards engaged in rebellion, is not disqualified, 0, oo, @ person who has engaged in rebellion, but has not heretofore held an office aud taken that oath, is not disqualitied. 8. Officers of the United States—As ta these the lan- guago is without limitation, Tue person who bas at any time prior to the rebeliion held any oilice, civil or mili- tary, under the United States, and has taken an official oath to support the constitution of the United States, is subject to disqualificati 9. Military officere of any State, prior to the rebellion, are not subject to disquatfealion. 10, Municipal officers, that is to say, officers of incor porated cities, towns and villages, such as mayors, alder- men. town council, police, and other city or town officers are not subject to disqualification. 11. Persons who have, prior to the rebellion, been members of the Congress of the United States, or mem- bers of a State Legisiatare, are subject to disqualifica- tion. But those who bave been members of conven- tions framing or amending the constitution of a Siate, prior to the rebellion, are not subject to disqualifica- tion, 12, All the executive or judicial officers of any State who took an oath to support the constitution of the United States are subject wo disqualification, and in these Linclude county officers, as to whom I made a reservation in the opinion heretofore given, After full consideration I bave arrived at the conclusion that they aro subject to disqualitication, if they were required to take as a part of their official oath the oath to support the constitution of the United States. 13, Persons who exercised mere agencies or employ- ments under Stato authority are not disqualified: such as commissioners to lay out roads, commissiooers of public works, visitors of State institutions, directors of State banks or other State institutions, examiners of banks, notaries public, commissioners to take acknowl- edgments of deeds and lawyers. ENGAGING IN REBELLION, Having specified what offices held by any one prior the rebellion come within the meaning of the law, it is necessary next to set forth what sabsequent conduct fixes upon such person the offence of engaging in rebellion. Tepeat, that two things must exist as to any disqualify him from voting: first the office the ree hy ‘and, afterwards, participation in the rebel- Mon, 14, An act to fix upon’a person the offence of engag- ing 10 rebelion under this law must be an overt and voluntary act, done with the intent of aiding or farthering the common unlawful purpose. A person forced into the rebol service by conscription, or under a paramount au- thority which he could not safely disobey, and who would not have entered such service if left to the free exercise of bis own will, cannot be held to be disqualified from voting, “i ress 15, More acts of charity, where the intent is to relieve the wants of the object of such charity, and not done in aid of the cause in which he may have been engaged, do not disqualify. But organized contributions of food the general relief of persons engaged in on, not of a merely sani character, but coatributed to enable them to perform their unlaw- fal object, may be classed with acts which do disquatify. Forced contributions to thé rebel cause, io the form of taxes or military assessments, which @ person may com| to pay or contribute, do not jualify; but voluntary contributions to the rebel cause, even such indirect contributions as arise from the voluntary loan of money to rede! authorities, or purchase of bonds or securities created to afford the means of carrying on the rebellion, will work disqualification. 16, Ali those who, in legistative or other official capa- city, were engaged im the furtherance of the common unlaaial pary , where the duties of the office neces- sarily bad relation to the support of the rebellion, sach as members of the rebel conventions, congresses and legislatures, diplomatic agents of the rebel confederacy, and other officials whose offices were created for the pur- pose of more effectually carrying on hostilities or whose duties appertained to the support of the rebel cause, must be held to be disqualified. Bat officers who, dor- ing the rebellion, d official duties not incident to war, but only such duties as belong even to a state of pence, and were ses to the preservation of order and the administration of law, are not to be considered as thereby engaging im rebellion or as disqualified. Dis- Joyal sentiments, opinions or sympathies would not disqualify ; but where a person has by speech or by writ- ing incited others to engage in rebellion, ho must come under the disqualification. 17. The duties of the Board appointed to superintend ions, This Board, having the = of the list of istered voters in the district for which it 1s consti- tuted, must see that the name of the person offering to vote is found upon the registration list, and if such proves ‘to be the fact, it ie the duty of the to receive his vote. They cannot ive the vote of person whose name is not upon the list, though he may be ready to take the registration oath, and although he may satisty them that he was unable to have his name registered at the proper time, in consequence of absence, sickness, or other cause, The ee ee bo qualifications of any person whose name is not on the list, or as to the qualifications of any whose name is on the list. in the act to be by is provided | &@ record and goes Bt he bas As to such should be ‘and for GROWLS FROM VARIOUS SOURCES. Governor Brownlow bas this amsable way of talking about a political antagonist, gHad he the strength of six years ago, he says, “you would stick your lying tongue in a bucket of hot ashes betore you would assail me.” He is confident, however, of handsomely beating ‘“he vulgar blackguard, professiona) gambler and poli- tical seditionist”’ at the polis on the Ist of August, After assuring his adversary that ‘uf @ liare’ fair were held in Tennessee you would take all the premiums,” and imduiging im other epithets twenty times worse than these, he tells him he is not able to give him at this time so extended a notice as he deserves. ‘The Pittaburg Commercial is grumbling about the New York poiiticians. It says they are generally in hot wa- ter, and proceeds to state that “Governor Fenton and Senator Morgan do not just at present hitch well. The for changing a position ip which he @ encomfortable,”’ CRIME IN BROOKLYN. The Skidmore Case—The Trial to Take Place To-Day—Trouble Betw the Prisoner and Hie Counsei—1 Singular Incideut. ‘The trial of William T. Skidmore, indicted for the murs der of Wiliam B. Carr, which is eet down for to-day in the Coart of Oyer and Terminer, before Judge Barnard, Promises to be the sensation of the week. Although the prisoner still refuses to consult wita the counsel, Messrs, Pearsall and Hughes, assigned by the Court to to defend him, Judge Barnard states that the trial must take place to-day. Ample opportunity was afforded Skidmore to employ whatever counsel he might have desired ; but he failed to retain any, and, as far as is yet known, made no attempt to, more than once, when his friends, as be says, endeavored to secure the services of James T. Brady, and werefunsuccessful, It is reported, however, that since the above named gentlemen were assigned Skidmore has received the. visite of a well kuown crtminal iy ted at the Raymond gtreet jail, with a view of retaining him as counsel daring the trial, and thie is the reason why ‘he will not consult with Messrs, Prete ‘Hughes. if this be vrue, in all payee then, this lawyer will appear in court to-day and under- take to conduct the prisoner’s case—a proceeding which no doubt will be strongly opposed by the other who feel that, as they were assigned by the Court, and not permitted to withdraw from the case, although desirous of doing so, since Skidmore refused to consult with they shoulda not be trifed and imverfored with in this style. Had the prisoner inti- mated to the Court that he desired the entieman with whom he is said to be consulting to defend his case the Court might have assigned the gentleman or given opportunity to Skidmore to retain him. But nothing of the kind as yet appears te have been done; and when all parties appear in court this morning a singular condi- tion of alfairs may be experted, Indoubtedly Skid- moré bas a right to retain whatever counsel he may de- sire; ieee does he not make his desire known to the Court 1c $s difficult to tell what may be the real feelings of the prisoner in regard to bis case; but one little inciden t which happened recently may im a mesure show that he is not altogether so nonchalant as his manner would indicate, Coroner Lynch was visited by acertain party, who stated that Skidmore had expressod a wish that a statement might be publiahed in the papers with refer- ence to the condition of his wife just previous to her death, which occurred about eighteen months since, It was rumored among many at the time that she bad died from the effects of poison, and it is a fact tha: after her deatn the Coroner was requested by some of her rela- aves to disinter the body. The Coroner, however, was aware that the deceased had been attended by a promi- nent physician, who granted. the usual death ceruficate, and refused to have the body disinterred unless the party who made application to him would mak affidavit to the fact that the deceased had b« the victim of foul play. This the relative refused t do, and the matter was quite forgotten by Coroner Lynch until a day or two since, when he was visited by the party who related Skidmore’s desire in reference to the statement of his wife’s condition pre- vious to her death. He referred his visitor to the physieian who attended Mrs. Skidmore, but nothing has yet appeared showing that this geatieman has been ap- Phed to, This tocident, insignificant ag it may appear to some, is regarded by othors aware of it, however, as significant of the fact that the alleged suspicion sur- rounding his wife’s death might lead Skidmore to believe that it would be brought up during the trial. It is but correct, however, to say that tnis would hardly nave any connection with the present case, During yesterday Skidmore was visited by a number of (riends, but is said to have been reticent with regard to his own case, He will make a strong effort to Lave the trial postponed, but District Attorney Morris will strive to have ft sake place, if not to-day, durimg the the present term. « oiled WAVAL INTELLIGENCE, The United States frigate Kranklin, Captain A. M. Pennock in command, intended for the flagship of Admiral Farragut, arrived at this port yesterday morning from Boston, Admiral Farragut will embark, with all the officers of his staff, The Franklin is expected to sail for Europe by the 25th of this month She will proceed direct to Cherbourg, and there Rear Admiral Goldsborough will deliver to Admiral Farragat the command of the European squadron, after which the Frankiin will proceed to the Baltic visiting seve- ral ports, and going as far east as Cronstadt. The month of August and part of September will be, ip all proba- bility, passed there, and ere winter sets in the Franklin will visit England and France, and then proceed to the Medierranean, Admiral Farragut will probably have a large addition to his fleet shortly after his arrival. The Frankiin should be visited by all who can spare the time, as she is the finest wooden veasel in the United States Navy. ‘The frigate Minnesota will be here bah 1, when the majority of the graduated class of midshipmco— about forty-nine—will report for duty. [hese young SEeewad Ponte tek roe Ne eneee « Dewees England, France, Spain Russia, upon an - ‘mental erchee, unate ‘comseand ef Cctatsedore, Absen, One-half of the class will be assigned to the European squadron, after which the Minnesota will proceed wo Brazil and distribute the balance. Rumor has it that Commander T. S. Fillebrown will be command the of war meoder J jigned — The sloop of war Richmond will probably be sent wo European squadron; aiso the Contoocook, a new vessel, now nearly completed. The sloops Seminole and are ready for sea, The Guerriere will stop at ghis port for afew days ere leaving as the flag- onthe Dua et Spam alongside the ordnance un se now lyii dock at tne Dreckion Navy ‘Yard, where she went after her trial trip with the French officers on board. Much divsatisfaction has been expressed them because Captain Henry Anson, Chief of the Naval Bureau of Ord- nance, gave direétions that <4 ins should be fired upon her trial tmp. With the of the United States Navy this is considered as a most proper order, and had it not been issued assurediy Captain Ansop would have been censured. Why should the French officera be instructed in the handling of our heavy ord- Dance, and that, too, upon Mr. Ericsson’s Iatest and most perfect pivot gun Carriage ever invented, an si. ance which no nation in the world hag 2 mounting save us? The guns, of two fifteen and six eleven-inch pivols, will be removed from the Dunderberg to the former from 0-day. her decks to the dock will be a work well vai or other officers to witn to accomplish the the Dunderberg is sold, and the papers have been for the past two years lauding her to the skies, it will not ‘bo amiss to say that she is entitied to be classed as a formidable engine of war only upon account of her ram as to her casemates of iron, are of a type which th naval experiments at Washington have demonstrated easily crushed, and the smailest monitor carrying a fifteen inch gun would soon make her a Comparing the Dunderberg wiih the Onondaga, the latter vessel is in- finitely superior for offensive or defensive operations, and will prove by far the most valuable vessel to the nation that has purchased her, The United steamer Winooski was at St Thomas on the 2d inst. The United States steamer Mon hela arrived at St, Thomas on the 30th ult, and the same day for Barvados, WESTCHESTER INTELLIGENCE. Ierrovements is Youxens.—The citizens of this charmingiy located township seem determined to increase as much as possible the natural beauty of the place by widening and improving the grade of the ping an a drives “ run nv cting under operations of an extensiv . acter are now being made towards that denderstara, A jarge number of workmen have been employed for some time alg Sst ous gem + ged measures in and Riverdale avenue. ‘The jatter is to eventually extended as far as Sing Sing, and will form one of most de- lightful and picturesque drives on the banks of the Hudson. Locust Hill avenue, lined on either side with the villas and chateaux of a number of the solid men of New York, is also being thoroughly ‘reconstructed."’ ponderous “ boulders ” been horse while riding em rowle for it Srnec stam! iy ir. breaking his collar bone and brusing him toostaucthty? ‘the. cahers a pr re haar Archer went to church, leaving the childrea in their stairs to with the servants of the hotel. But she was Metle 4 winding 1 HH A # i i BAD BOOKS AND BAD NEWSPAPERS, Sermon by Rev. G. W. Weodra@, A sermon was delivered last evening on the named subject in the Seventh street Methodist E chureb, by Rev. G. W. Woodruff, the pastor, in the ence of a large congregation, The preliminary 1 consisted as usual of pretty good singing of hymns anthems, prayer and the reading of a portion of scriptures, In the prayer the reverend trusted that the great influences of the press, which 80 often used for mischief, will be more used to the ad vancement of the glory of the Saviour and His demi jon. ‘The preacher took as his text the nineteenth verse the tenth chapter of the Acts of the Apostles, as f: lows:—‘“‘And many of them brought their together and burned them.”” ‘The Reverend gentleman then procecded to say he wanted to speak of bad books and bad newsp In the days of St. Paul those that had bad books broug! them together and burned them; and it would be for society if a grand bonfire were made of all the newspapers, pictures, books and poems of the day; all good people should become a police against foolish and vile press and it is my work to say son on the subject to-night, No class of men basa say what books shall or shall not be read. do no such thing, Reading should be free, The Me church makes a great blunder when she dictates wb shall and what shail not be read, I will speak and the judge for yourselves, I would rather a son of mix should read everything than nothing. What is at bottom of all the rowdyism of a large city, the gamin| table, war and every evil? It is the fact that th 80 many among whom there is no reading. Though men may be wearied with long hours of labor they find time for reading. I tremble for a young man th does not read, ora young woman. Better read : thing than nothing. Give yourselves to reading. A D&C book and a bad newspaper: I have now to show these are, They are nearly all to be found in the of fiction. Some of the have been put in fiction, but this is fiction. There are three classes of fiction—t indifferent and the bad. Ali works written to uphold truth aud virtue are Some are in defeuce of temperance, of —_ should live, Books are like men—bad, indifferent ‘An indifferont man is forgotten when he d just like indifferent books that are milk and water, good for nothing, without point or power, There is noi enough of force in these to be called bad, The books and newspapers are those which throw a shad over virtue and treat religion with contempt, These mak familiar with crime and excite the {i ination. are ali bad. Reading these brings on a fever like y opium. The wicked publishers publish these to mak money; no matter what consequences they uc Such reading is bad. ruinous, dreadful. b familiarizes with crime is bad—murder on the seas, in brothel, or such pictures of crime and vice, Th should only be recorded in the courts of Justice or th dry columns of a newspaper. Finally alt reading jormp a shade over virt or treats religion with con. In these instances vice ap, in hig! colors, virtue in sackcloth, and religion is subjected sneers, Seduction, the theatre, private marriages, th all glitter on the pages of these books. These are hers d by advertisements flaring in the papers, These inj pers indicate their character. Who wants read such @ book asthe ‘Mysteries of Paris” to ki what it is? So bad works of fiction are known &hould bo burned—destroyed. But it py frivolous reason, Think how little time peop generally have for reading, and lot thi pour stolen by bad books or newspapers, and wh the sult? They are tost, Such hours are gone and forever. igious, historical and other books tb would carry 08 Hisougs the noblest thought and back to the very fountains of time, are over and known. Their beauties and their information are wo than lost to millions, whose minds, instead of ben stored by them, are filled with the most poisonous.o useless sentiments, Fictitious reading is a bold robbery of time. Such books give us o fi idea of life Home life and reality co too tame. No man was ever in poverty without being heroine or hero ia wealth without beitig happy. do not teach us to do our duty at home like patural, No, reality is too stale, too. flat for ro Such reading keeps down the intellect, thrives when it thinks, Romance could point out any one who has indulging in reading it erage of fiction who could say witl ‘worse, such i the Sear pate individuals, We would not invite you. a é The new here — his “ogee close, a an singing Doxology the get led. ‘Tuap Sravexs’ Conrmcation Scuxun.—Thad Stevens has written another letter explanatory of the one pub- Mabed a few days since. It reads as follows:— ns Lancaster, May 21, 1867, Dran Sm—We do not confiscate loyal men nor unless they are rich; few men suffer, mot enough, fear; some innocent men will, I fear. THADDEUS STEVENE, Al werenerernnameene taco eb N ELEGANT ASSORTMENT OF ENGLISH BO AN Velvet and Srasecls Carpeting. at HiHAM AMDB. 3ON'S, No. 99 Bowery, at reduced prices; also Three. Ingrain and Venetian Garpete, Rugs, Mate, Odie. Chu embroidered Piano ant ble Covers, Masonic ©: Window Shades, at low prices; 3 v0) pieces of fresh Cant Mattings, white, checked and fancy, at Be. to We., by the or yard. Look for piece 0 No, Bowery, Agsatynbat, vate Or, tue" cadns ‘yx ‘wn GENERAL VIBW OF THE CASES IN WHI AOFF'S MALT EXTRACT BEVERAGE OF HealtH i applicable :— ¥ . IN CASES OF WEAKNESS OF DIGESTION. (Proofs of its eMeacy). Mra, Amanda Fordoff, of No. 149 Wooster ‘By ad’ f erste, eae ake a aay ws T can now partake of any ki 2. FOR DYSPEPSIA IN GENERAL. Mr, William Moller, of No. 6 the g Twen. e tieth street, writes:—*1 recomm: HOFF'S fully Hoff’s Malt Extract to have never found such = 3, FOR A FOUL STATE OF STOMACH. wane Ek Dallerner, of No. 25 iivington street. writes: “My husband has ‘been en eu disorder of \e stomach.’ 4. FOR EXHAUSTED PERSONS. My physician is in favor of it, and did not could disagree with his medi. Extract, {hink that it e en, Orry Daxsuny. P. A. BEERS, 5. FOR BODILY, WEAKNESS. on 1 fear, a confirmed invalid; have used ale and porter, Ae., and. no medicine: seems to benefit me; but Hoff's it Es tract is just the hing 1 need. — | ford, Conn, Mrs. B.C. STEPH! . 6 IN CATARRHS ESPECIALLY OBSTINA’ Mi the New York in. Welsh Edwards, of writes to Mr. Hoff:—"My wife ham ‘of her sore throat by, Price 96 per dounn, “oF aie. single Dowtles, Sold a or jes. je where. Depot bei Broadway. — Ae TE DIVORCES OBTAINED NEW YORE id States where desertion, &c , Is eu’ cause; 00 bUicity oF charge till di free. Pablilty oF charge HT OWED, Attorney, 7 Nassau street pM ey Rh alg Son any. 5 A “ No fe is Consu! TieTice GEOROH LINCOLN, Lawyer, 00 Nassau street. ‘BSOL| DIVORCES OBTAINED FROM THE courts and other with as little as this ieee cruelty, desertion or drunkenness several of the . 1, KING, ‘states. Counsellor at Law, 90 Broadway. KENTUCKY Dlg 5 ~ -~ —ctngapst or THE ee ee Te ate, ET Ta 7, 2, 'F cm aliiiiomiettttoinieatsaret freatea 2 Cc. no street, New Sa ae 1s 178 Broadway and f ulwe sweet,