A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Two elements must concur in order to disqualify a person under these
clauses: First, the office and official oath to support the Constitution
of the United States; second, engaging afterwards in rebellion. Both
must exist to work disqualification, and must happen in the order of
time mentioned.
A person who has held an office and taken the oath to support the
Federal Constitution and has not afterwards engaged in rebellion is not
disqualified. So, too, a person who has engaged in rebellion, but has
not theretofore held an office and taken that oath, is not disqualified.
All vote "aye" except the Secretary of War, who votes "nay."
8. Officers of the United States:
As to these the language is without limitation. The person who has at
any time prior to the rebellion held any office, civil or military,
under the United States, and has taken an official oath to support the
Constitution of the United States, is subject to disqualification.
Concurred in unanimously.
9. Militia officers of any State prior to the rebellion are not subject
to disqualification.
All vote "aye" except the Secretary of War, who votes "nay."
10. Municipal officers--that is to say, officers of incorporated cities,
towns, and villages, such as mayors, aldermen, town council, police, and
other city or town officers--are not subject to disqualification.
Concurred 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.
Public-domain text, read in full here on John Shaqi.
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