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.”
17. The duties of the board appointed to superintend the elections.
This board, having the custody of the list of registered voters in the district for which it is constituted, 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 is the duty of the board to receive his vote if then qualified by residence. They can not receive the vote of any person whose name is not upon the list, though he may be ready to take the registration oath, and although he may satisfy them that he was unable to have his name registered at the proper time, in consequence of absence, sickness, or other cause.
The board can not enter into any inquiry
as to the qualifications of
any person whose name is not on the registration
list, or as to the
qualifications of any person whose name
is on that list..
Concurred in unanimously.
18. The mode of voting is provided in the act to be by ballot. The board will keep a record and poll book of the election, showing the votes, list of voters, and the persons elected by a plurality of the votes cast at the election, and make returns of these to the commanding general of the district.
Concurred in unanimously.
19. The board appointed for registration
and for superintending the
elections must take the oath prescribed
by the act of Congress approved
July 2, 1862, entitled “An act to
prescribe an oath of office.”
Concurred in unanimously.
IN CABINET, June 20, 1867.
Present: The same Cabinet officers
as on the 18th, except the Acting
Secretary of the Interior.