The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-09-06
Ellie REGIsTRY LAW.
The Power of the EeevisiOn--
Important Legal Opinion.

State, In the nftn SectlOn requires tne
registers to ascertain and register the
name of every white male person resi-
dent in, or temporarily absent from their
wards or election districts" 1t also
requires them to administer to each per-
son claiming registration, au oath of
allegiance, and an oath to answer "such
questions as they may PROFOUND to him,
touching his right to registration and
voting" His age is to be given, his
birth place, the period Of his residence;
if naturalized, the date of his naturali-
cation, and the designation Of thc court
which issued it. If the registers find
the party disqualified, the cause is to be
asccrtained to be one Of the causes spe-
officially set forth in the law These are
non.residencc, homage, alien-ngc, inian-
cy, lunacy, or non-compos mentls, or
distoyahy under tie An sectton IF hc
Isl oct Of the Constitution, or JriJey, as
described III lis 5M section.
The law further provides that the
books Of registration, amongst other
columns, shall have one in which the
entry of disqualification shall be made,
aud ono in which the names of the
qualified voters shall be entered, omit.
ting from il those found to be disquali-
fed, and inserting lin lieu thereof the
names of one CT mora witnesses by whom
the disqualification was proven, If the
disqualiying cause arises from the pro.
visions Of the ith or 9th sections Of
the article Of the constitution referred to.
By the 18th section Of the law pro
vision is made for the correction, by
subsequent registers, Of errors that may
have been committed by their prcdcecs-
sors. They arc directed to ''slt for the
correction Of the list Of voters and the
register Of names aud by reference to
the Sth section, it is made their duty to
register, as qualified "tho name ofcycry
person who shall apply to them to be
registered, aud who shall satisfy them
that he is qualified to vote under the
provisions of the FIRST article Of the cou.
s;itution or the laws Of the State, or who
shall prove to their satisfaction that hc
will be Of age aud SO qualified to vote
on or before the day OF the next ensuing
election Upon these provisions Of the
law two questions are submitted for my
opinions. Firat--What must be stated
ia the seventh column of the books Of
registration, when party is found To
be DISQUALIFIED Scsond What ARE
the powers of the sn segment board Of
registers in the correction OF errors com.
mittod by the first in the cssc ogpcrsons
found by them to be disqualified;
lst. Ii Is to be assumed that the Lex
isuturo did not intend to exclude from
the right Of franchise any person TO
whom il Is secured by the constitution,
as 10 do so would be beyond their power.
II Is also to be assumed that if a luis-
take in this particular was made by the
Grat registers, they intended that It
should be corrected, mud with that view
provided the means OF detecting the
mistake and setting il right. To dis
franchise a legal voter pufPoscly Is q
gross outrage Ills right to vote, When
cousti,utioually secured, il as sacred q
right as any other that be possesses
{ When our present constitution was
adopted aud thc law in question was
passed. wc were IA the midst Of civil
war wogcd by those who were in hos
tilily TO tho government to effect rs
destruction The purpose Of the con-
stituiion aud The law, ia this state Of
things, as regards the franchise, was to
deny il ouly those who had committed,
or should commit, certain specific acts
Of disloyalty To dislunehise, on gca-
r,al charge OF disloyal,y, was not its
purpose What WAS dsloyally in that
crisis va. a question not intended to be
submitted as a general one to the mere
discretion Of the .csiters
The constitution aud the law, there
fore. defined with particularly what dis.
loyaI'y was. and limited the registers to
an Inquiry into such disloyalty Aud
10 order 10 guarl against an erroneous
ia luncut ia that particular, the law not
only directs that the other rc1sous for
denying registration contained in the
9TH clause Of 9Th section, such as non
residence, homage, &c, shall be inser.
ted IN the appropriate column; but that
the reason OF dsloyalty under ith sec
ton orthc lst article Of the constitution,
or bribery, as described in the 9Th see.
ton of the law, when made the ground
for refusing registration, shall also be
inserted The law further provides as
a means Of detecting errors in the rclu.
sal Of registration on either Of the latter
grounds Of disloynlty, that the names OF
the witness or witnesses by whom such
disqualification was proven, shall also
be inserted
On the fret question: then, / am
clearly Of opinion that when party Is
denied registration on account Of disloy-
atty, il is nat sufficient 10 insert in the
column that word alone, or any other
merely equivalent word 1t should up.
pear that the disloyaIty was di Loyalty
under the fourth section Of the first arti-
clio of the constitution, either by refer.
ring to that section generally or by spe-
cifying all, or some Of the particular acts
Of disIoyalty which the section describes,
and in such eases it is equally necessary
that proof of such disloyalty be made
by witness or witnesses, aud that their
names be given. The reasons for both
of these provisions are obvious. TO
meet general charge Of disloyalty is al.
most impossible. The constitution,
therefore, defines what the disloyalty is,
that is to work forfeiture of the fran
ch,;sc The Inv in the same spirit eX-