Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-31
Observation-Disclosures POWERS AND
DUTIES OF THE COMMISSIONERS.


law shall register and prepare himself to ex-
ercise his rights as an eiector. We are sat
isiied that if every conservative man VIII
inform himself Of his rights, and resolutely
do his duty, by demanding Of the commits
sioners a strict compliance withthe law, and
in case he is unlawfully excluded, promptly
instituting suit against the offending parties,
whether they be in the Commissioner Office,
or officers at the polls, that much may be
done towards relieving the prescription
which it was the object Of the law to estab-
Iish. The law itself is unconstitutional and
unjust. but It's trainers hoped by its details
and the extraordinary powers vested IN the
plant tools who would be made Commits
sioners to deter a compliance with Its pro-
visions, and thus increase their power over
the peopleby lessening thenumberof voters.
The conservative tide has set in, and 1t is
the duty Of every man to use all the little
liberty left him TO increase its volume. We
insist then, that every man who can right
fully claim Of the Commissioners a certih-
cate shall do 80, or punish them through the
courts Of law by suits for damages in case Of
refusal. We have hope that proper effort
will soon bel made toset aside the wholesystem
byiudicial decision againstits constitutional
", but until that is done, it behOoves every
man to see that the law, odiOus and I'M
righteous as it is, is fairly and justly admin
istered. To do the latter, individual effort
and determination is required, and in order
to inform the public and facilitate the OBJ
tanning Of certificates, we give statement
from the law Of the duties and powers Of the
Commissioners. The following is from our
summary Of the law published two days
after its passage, and may be relied on as
correct:
It establishes the Office Of commissioner Of
registration for each and every county, TO be
appointed by or before July Sd 1866, by the
Governor, who is required to keep his Office
at the county seat and to superlntend and
enforce strictly the provisions OF the law.
This officer is directed to issue certificates of
registration for the privilege 10 vote to every
white soldier who may have served IN, and
been honorably discharged from the army or
navy Of the United States since the LIST of
January, 1862, upon the production Of the
proper certificate Of such service and dis
charge, or legal evidence of the loss Of such
discharge; to all those who voted in the No
vember election for President in 1894 and
the February and March elections Of 1865,
o. IN either Of them, upon the production of
the poll books at the elections at which said
voter voted, or a certified copy, under oath,
Of such poll book in case the voter may have
removed TO another county, or upon the
/ affidavit of two enfranchised citizens,
/ known 10 the commissioner to have
been unconditional Union men through
/ out the rebellion, in case said poll
| books may be lost; also, TO those citizens of
Tennessee who have been appointed to Of
fee by either the military or civil Govern
ment, upon the production Of the commits
sion sh owing such appointment, or theprop-
er certificate Of the Secretary of State,
that such commission was issued in case of
loss.
Every other person claiming TO be entitled
to the privilege Of the elective franchise, as
provided in this act, shall, before he obtains
a certificate thereof, prove by the evidence
Of two competent witnesses, known TO the
commissioner to have been themselves at all
times unconditional Union men, that they
are personally acquainted with the person so
claiming and that they verify believe that
he has not been guilty Of any Of the dis
qualifications herein before specifically
mentioned which proof shall be taken up
on affidavit, subscribed by said witnesses,
and filed in said office Of said commissioner
and such applicant shall also take and sub
scribe the following oath before the counts
sioner Of registration.
60 do solemnly swear that ! have never
voluntarily borne arms against the Govern
ment of the United States for the purpose Or
with the intention Of aiding the late rebel
lion, nor have ! with any such intention at
any time given aid, comfort, counsel or en-
enlargement TO said rebellion, or TO any act
of hostility TO the Government Of the United
States. / further swear that / have never
sought or accepted any office, either civil or
military, or attempted 10 exercise the fuEc-
tions Of any Office, either civil or military,
under the authority or pretended authority
of the so-called Confederate States of Amer
lea, or Of any insurrectionary State hostile
or opposed to the authority of the United
States Government with the intent and de-
sire 10 aid said rebellion; and that / have
never given a voluntary support to any such
Government or authority. So help me
God"
The commissioner is directed to issue
certificates TO all citizens known to said
commissioner to have always been uncondi-
tional Union men, never having sympathized
with the late rebellion, or who may be pro
ven TO lave been such unconditional Union
men bv the oath Of two witnesses who shall
be known 10 said commissioner, TO have
been themselves, at all times, such unCondi-
tionsl Union men; and the law provides
that they shall not be required to take and
subscribe any oath in order to obtain for
themselves certificates Of their right to the
elective franchise; but he is empowered TO
hear and take proof from Equally compe-
tent testimony" contrary to and contraven-
ing the proof offered and taken in behalf of
any applicant under this law, whether he be
a discharged soldier, a voter at tie election
in 1865. a commissioned officer Of the State,
by Governor JOHNSON or BRowNLOw, or an
unconditional Union man; and the said
commissioner is made the judge Of the
weight Of the conflicting testimony so far as
the sap,e may affect the issuance Of certit-
Gates.
Il will thus be seen that it is the duty OF
the commissioner toissue certificates to every
voter in either the last Presidential election
the election Of 22nd Of February, 1865, or
the election for State officers in March, 1865,
and to have the poll books present at his
office to verify the statement Of the appli-
cant that he did vote. If the books be pres
ent, no other requisite is necessary. In this
| county the books have been misplaced, but
hev are not lost Il is not the duty Of the
voter to produce the books, but of the COM
missioner and the officer whose custody they
are properly in. If they are not produced,
we advise prosecutions in all cases where
the commissioner refuses to issue because of
that fact. If proved to be lost the Com
missioner can require the affidavit Of two I'M
conditional Union men, that The 0PplieaHt did
uote, but not that he was always loyal. This
is a point TO be borne in mind. BY the pro-
cured absence Of poll books, and the ina
bility frequently experienced in obtainingthe
evidence Of any other than the officers Of cleo
tions. or of chance by-standers at the polls it
is intended to defraud all who will make no
effort to assert their rights and enforce the