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.

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.

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.

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 an 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.

9. Militia officers of any State prior to the rebellion are not subject 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.