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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 Con- stitution of the United States: Second, engaging afterwards in rebel- lion. 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 dis- qualified.

8. Officers of the United Stcdes.

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, un- der the United States, and has taken an official oath to support the Constitution of the United States, is subject to disqualification.

9. Military officers of any State, prior to the rebellion, are not sub- ject to disqualification.

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.

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.

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, and in these I include county officers, as to whom I made a reservation in the opinion heretofore given. After full con- sideration I have arrived at the conclusion, that they are subject to disqualification, if they were required to take as a part of their offi- cial oath, the oath to support the Constitution of the United Stcdes.

13. Persons who exercised mere agencies or employments under State authority, are not disqualified ; such as commissioners to lay- out roads, commissioners of public works visitors of State institu- tions, directors of State banks or other State institutions, examiners of banks, notaries public, commissioners to take acknowledgments of deeds and lawyers.

ENGAGING IN REBELLION.

Having specified what offices held by any one prior to the rebel- linn, come within the inclining of the law, it is necessary next to set forth what subsequent conduct fixes upon such person the offence of engaging in rebellion. I repent, that two things must exisl 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 acl to iix upon a person the offence of engaging in rebel- lion under this law, must be an overt and voluntary act, done with