10. Municipal officers--that is to say, officers of incorporated cities,
towns, and villages, such as mayors, aldermen, town council, police, and
other city or town officers--are not subject to disqualification.
Concurred in unanimously.
11. Persons who have prior to the rebellion been members of the Congress
of the United States or members of a State legislature are subject to
disqualification, but those who have been members of conventions framing
or amending the constitution of a State prior to the rebellion are not
subject to disqualification.
Concurred in unanimously.
12. All the executive or judicial officers of any State who took an
oath to support the Constitution of the United States are subject
to disqualification, including county officers. They are subject to
disqualification if they were required to take as a part of their
official oath the oath to support the Constitution of the United States.
Concurred in unanimously.
13. Persons who exercised mere employments under State authority are
not disqualified; such as commissioners to lay out roads, commissioners
of public works, visitors of State institutions, directors of State
institutions, examiners of banks, notaries public, commissioners to
take acknowledgments of deeds.
Concurred in unanimously; but the Secretary of State, the Secretary of
the Treasury, and the Secretary of War express the opinion that lawyers
are such officers as are disqualified if they participated in the
rebellion. Two things must exist as to any person to disqualify him from
voting: First, the office held prior to the rebellion, and, afterwards,
participation in the rebellion.
14. An act to fix upon a person the offense of engaging in rebellion
under this law must be an overt and voluntary act, done with the intent
of aiding or furthering the common unlawful purpose. A person forced
into the rebel service by conscription or under a paramount authority
which he could not safely disobey, and who would not have entered such
service if left to the free exercise of his own will, can not be held
to be disqualified from voting.
All vote "aye" except the Secretary of War, who votes "nay" as the
proposition is stated.
15. Mere 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 and clothing for the general relief of persons engaged in the
rebellion, and not of a merely sanitary character, but contributed to
enable them to perform their unlawful object, maybe classed with acts
which do disqualify. Forced contributions to the rebel cause in the form
of taxes or military assessments, which a person was compelled to pay or
contribute, do not disqualify; but voluntary contributions to the rebel
cause, even such indirect contributions as arise from the voluntary loan
of money to the rebel authorities or purchase of bonds or securities
created to afford the means of carrying on the rebellion, will work
disqualification.
Concurred in unanimously.
16. All those who in legislative or other official capacity were engaged
in the furtherance of the common unlawful purpose, where the duties of
the office necessarily had relation to the support of the rebellion,
such as members of the rebel conventions, congresses, and legislatures,
diplomatic agents of the rebel Confederacy, and other officials whose
offices were created for the purpose of more effectually carrying on
hostilities or whose duties appertained to the support of the rebel
cause, must be held to be disqualified; but officers who during the
rebellion discharged official duties not incident to war, but only such
duties as belong even to a state of peace and were necessary to the
preservation of order and the administration of law, are not to be
considered as thereby engaging in rebellion or as disqualified. Disloyal
sentiments, opinions, or sympathies would not disqualify, but where a
person has by speech or writing incited others to engage in rebellion he
must come under the disqualification.
All vote "aye" except the Secretary of War, who dissents to the second
paragraph, with the exception of the words "where a person has by speech
or by writing incited others to engage in rebellion he must come under
the disqualification."