5. No one who is not 21 years of age at the time of registration can
take the oath, for he must swear that he has then attained that age.
Concurred in unanimously.
6. No one who has been disfranchised for participation in any rebellion
against the United States or for felony committed against the laws of
any State or of the United States can take this oath.
The actual participation in a rebellion or the actual commission of a
felony does not amount to disfranchisement. The sort of disfranchisement
here meant is that which is declared by law passed by competent
authority, or which has been fixed upon the criminal by the sentence of
the court which tried him for the crime.
No law of the United States has declared the penalty of disfranchisement
for participation in rebellion alone; nor is it known that any such law
exists in either of these ten States, except, perhaps, Virginia, as to
which State special instructions will be given.
All vote "aye" except the Secretary of War, who dissents as to the
second and third paragraphs.
7. As to disfranchisement arising from having held office followed by
participation in rebellion:
This is the most important part of the oath, and requires strict
attention to arrive at its meaning. The applicant must swear or affirm
as follows:
"That I have never been a member of any State legislature, nor held any
executive or judicial office in any State, and afterwards engaged in an
insurrection or rebellion against the United States or given aid or
comfort to the enemies thereof; that I have never taken an oath as a
member of Congress of the United States, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the United
States, and afterwards engaged in insurrection or rebellion against the
United States or given aid or comfort to the enemies thereof."
Two elements must concur in order to disqualify a person under these
clauses: First, the office and official oath to support the Constitution
of the United States; second, engaging afterwards in rebellion. Both
must exist to work disqualification, and must happen in the order of
time mentioned.
A person who has held an office and taken the oath to support the
Federal Constitution and has not afterwards engaged in rebellion is not
disqualified. So, too, a person who has engaged in rebellion, but has
not theretofore held an office and taken that oath, is not disqualified.