The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1866-09-07
The Registry Law.
THE POWER OF THE ACKNOWLEDGMENT LEGAL
OPINION.

The law of Maryland of the 22d of March,
1865, chapter TIA, ''relating to the Registration
of the Voters of the State" in the fifth section
requires the registers to ascertain and register
the name of every white male person resident in
or temporarily absent from their wards or cleo
ton districts" 1t also requires them to admin
lister 10 each person claiming registration, an
oath of allegiance, and an oath to answer "such
questions as they may PROFOUND TO him. touch
ing his right to registration and voting :" His
age is to be given, his birthplace, the period of
his residence; if naturalized, the date of his
naturalization, and the designation of the court
which issued it. If the registers find the party
disqualified, the cause is to be ascertained 10 be
one of the causes specifically set forth in the law.
These are non-resdence, non-age, alicnage, in
fancy, lunacy, or non compos mentis, or disloy-
atty under the 4th section of the LIST article of the
Constitution, or bribery, as described in its 9Th
section.
The law further provides that the books of
| registration, amongst other columns shall have
onein which the entry of disqualification shall
be made, and one in which the names of the
qualified voters shall be entered, emitting from
it those found to be disqualified and inserting sin
lieu thereof the names of ono or more witnesses
by whom the disqualification was proven if
the dis1ualfying cause arises from the provis-
ions of the 4th or 9Th sections" of the article of
the constitution referred TO.
By the 18th section of the law provision is
made for the correction, by subsequent registers
of errors that may have been committed by their
predecessors. They are directed to "sit for the
correction of the list of voters and the register of
names" and by reference to the sth section, it
is made their duty to register as qualified, ttbe
name of every person who shall apply to them
to be registered, and who shall satisfy them that
he is qualified to vote under the provisions of
the first article of the constitution or the laws of
the State, or who shall prove TO their satisfac-
ton that he will be of age and so qualified to
vote on or before the day of the next ensuing cleo
| ton" Upon these provisions of the law two
questions are submitted for my opinion First
What must be stated in the seventh column of
the books of registration, when party is found
10 be disqualified Second-What ale the pow
ers of the subsequent board ofregisters in the
correction OF errors committed by first in the
case of persons found by them TO be disuuali-
| fled 2
LIST. 1t is to be assumed that the legislature
did not intend to exclude from the right of fran
| chise any person 10 whom it is secured by the
constitution, as TO do so would be beyond their
power. 1t is also to be assumed that ifa mistake
in this particular was made by the first regis
tiers, they intend that it should lie corrected, and
with that view provided the means of detecting
the mistake, and setting ii right. To disfran-
cnlse legal voter purposely is gross outrage
His right to vote, when constitutionally secured.
is as sacred right as any other that he possesses
| when our present constitution was adopted and
the law i'll question was passed. we were in the
midst OF civil war, waged by those who were
III hostility TO the government TO effect its de-
struction. The purpose of the constitution and
the law, in this state of things, as regards the
franchise, was to deny it only TO those who had
committed, or should commit, certain specific
acts OF diSloyalty. TO dsfranchise, on general
charge of dsloyalty, was not its purpose. What
was dlsloyaliJ Ia that crisis was Il question not
intended to be submitted as general one 10 the
mere discretion of the registers
The constitution aud the law, therefore. de-
fined with particularly what disloyalty was, and
limited the registers to an inquiry into such dis
loyalty. And in order to guard against an err
roneous Judgment in that particular, the law not
only directs that the other reasons for DENYING
registration contained in the 7th clause of 9Th
section, such as non-residencc, homage, &C., shall
be inserted in the appropriate column but that
the reason of disloyalty under the 4th section of
the list article of the constitution or bribery MS
described in the 9Th section of the law, When
made the ground for refusing registration, shall
also be inserted. The law further provides as
means OF detecting errors in the refusal of reg
lstratlon on either of the latter grounds of dis
loyalty that the names of the witness or witness
es 0y whom such disqualification was proven,
Shall also be inserted
On the first question, then, | am clearly of
OPINION that when party is denied registration
on account of disloyalty, it is not sufficient to in
Sert IN the column that word alone, or any other
merely equivalent word. II should appear that
the dlsloyalty was disloyalty under the fourth
section of the first article of the constitution.
either by referring 10 that section generally or
cy specifying all or some of the particular acts
OF diSioyalty which the section describes, and
IN all such cases il is equally necessary that proof
OF such disloyalty he made by witness or Witness
es, and that their names be given. The reasons
Tor both of these provisions are obvious. TO
meet general charge of disoyalty is almost i'm
possible. The constitution, therefore, defines
whal the disloyalty is that is, to work forfeit
ure OF the franchise. The law in the same spirit
excludes only from registration those who may
nave committed such acts of disloyalty, and no
others, And to secure to the party the right to
nave lnat question alone passed upon by the
registers, the names Of the witness or witnesses
proving such disloyalty are to be given. This
provision IS designed to enable one who is falsely
excluded to seek redress against the witnesses
where they have falsely testified, or against the
registers where they, without adequate proof of
the specified disloyalty, have denied him regis
tration.
2. My opinion on the first question covers the
second. The very object of the fifteenth section
of the law is to correct all errors committed by
the first board of registers. 1t being the duty Of
that board to insert in the column of DISQUALIFIED
voters, on account of disoyalty, the cause of the
disloyalty, either specifically or by reference to
the fourth section of the first article of the con-
stitution, and the name of the witnesses relied
upon to establish it ; where this has not been
done, the second board ofregisters have not only
right, but it is their duty TO examine into such
case, and to decide for themselves whether the
party is or is not dsloyal, within the meaning
OF the constitutional clause referred to, and to
examine witnesses to the fact; and when thew
find that he has not been disloyal within the
meaning of that clause, it is their duty to admit
him TO registration.
REvrpny JoaucnN