Maryland free press. [volume] (Hagerstown [Md.]) 1862-18??, 1866-09-06
.TAE REGIsfRY Law.
THe RSwer or the Revisit on-- I'm portan at
Legal Opinion. ,os =, 8

EeSai QRfqton. 800 r toy a. !.
IheAaw.of the State Of MaryIand Of the %,
81 MARCH 1865, chapter liza, "rclating 10 nh
tt:.seyisTaaer Faht Voters Of the State Ia th,
nun section Requires the registers to Ascertain
ana register the name Of every white male p,r
son resident in or temporarily absent iron, ikei,
WARTS or election Districts 1t also REQUIRE,
!tem to administer " each person Claiming reg
sstratiop, On oath If allegiance, and an oath Il
answer such questions IS they may propotnd
10 lin, touching lis right to registration and
Young. His age Is TO be given, his birth
liacc TIE Period of his residence If naturalized
she dateof Wis naturalization, and the designa..
lion 81 ~ Eanrt which issued It. Ii the regis.
aefs Aff t4e party disqualified the c,tuse L 70 DC
ascertr2ed to DC of the causes speci;,IIy Sc,
forta N the law. These are non-residcpcc, non.
Ass, siienage, infancy lnnaey, or ron .conipus
laeniis, or dsloyatyi uadtr DE S4th Section oiiat
80 aet o. 0e Consultation, or k5t'3g, as aessrsJsd
The law further provides flat the books Of
Registrations, amongst othsr columns sbiil have
one IN which the entry of disqualification Shall
I've made, and one in ghch tile names Of the quail
pfied voters shall he entered omitinr from il
those found to be disqualified, and inserting sin
iien thereof the names of one or more witnesses
" whom the disqualification was proven, If the
aisqnnlifyiny cause arises from the provisions OF
the 4th pr 9Th sections OF tbs article Of The con-
stituiiQa referred to. ~ .
Nv the 18TH section Of the lazy provision is
made toy Tie correction by spbscqueI,t registers,
Of errors that nsy have been committed 6y their
preaecessors: They are directed to SSH TOR the
correction of the st Of voters and the register OF
haIpes, a39 w reference To tae 9Th section, il
p made their duty TO register, as qualified "tAe
pane OF every pcison who shall apply to them
~ DC registered, and who shall satisfy them that
e y qualified TO vote under the provisions of the
nrs article OF the constitution or the laws Of the
State, pr who shall prove to their satisfaction
'h'd ne viii he of age, and SO qualified TO vote,
W or before Rae day Of the pfxt ensuing cleo
"on." Upon these provisions Of the law, two
questions ars submitted for my opinion First,
What must be stated in the seventh column OF
the books of registration, when party is round
TO be disqualified? serOnd-what are the now
trs oil the sui scquent board of registers in the
correction of errors committed by the first in
t,c case NJ PERSONS found W them TO be dsqua,-
ifed? y - ~ :
ist. It's TO beas Hmei that the legislature did
not intend to exclude from the right of franchise
amy person to whom II Is secured by the consti-
fntion, as to do 50 would be beyond their pow
err 1t Is also to be assumed that if mistake in
inns particular was made by the first registers,
ihey'litcnaed that it should be corrected and
WIN that view provided the means of detecting
'ne mistake and setting it right. 70 disfran-
ehise legal voter purposely is gross outrage.
tfis right to vote. when constitutonally secured,
- as sacred right as any other that he posses
Fs. " hen our present constitution was adopted,
aAd the law in question was passed, we were in
-, =; VI eNil war, wageu oy those who
S....,,a.;a'. nv 10 the government to effect its
- ~ I.. Ine PuIpo e OF the constitution
do s.a,,.s;. III .',s s,a'e o. lhihgs, as regards
ilaa eomM tt d. or should commit, c rtain specif-
N acts of d eloyalt . To dist anclii.e. ON a gem
rril charge OF dis oY lty, was not It's purpose -
NOT i.t"dea ~. Ia.s ah L te:l i was a'ques'loH
=. Nh. .,s a.. AZ su ~ .'eu az general one
THo - ,,, 40. 'ion y, tiS reeis'eis.
n.d lii ahu Ine law, therefore, DELL
i;;';,s, ~ ~ .;,, wat diSieyaty was, and
disloyal,y - And :, '.1 au iaquiry ii'o sucn
erron.nns ,,5,rna =" otaer 70 geHra against AN
n,,t n,,I' ,,..," en-, III 'hat paruehlaf, me law
n Only aee's 'lat 'he Other reasons fnr deny
s,6 sect;on;'s,,"i, ."n.ea III u'e t.h clause Of
shaIl Nv. in ,.r,ad =" ,i -les'acn'e, hon-aee &C,
,hat Tho toss,.. - s: "e apppopri,'e column, out
don of the VI ar,;cI 81 a. mnu.a !he f.n SEE
srr " Va hiutie OF 'Le constitution or ori-
When ,a ;;I. IN 'he ot section OF the law,
shali i,sT. , ,or reiu ing registration,
81 gi,.,a.. 80 ',"'r' i"c III" iurther PROVIDES
r,gs ,rs,;n, VI u ';,hs ttrors IN inc REFUSAL OF
siSvai,x ,,' on I,.ner o me atter grounds OF
n.ss.s r. ha,, ~. ,i''n NJ: vi rle wi'hess Ut WIZ
lcn sl,,iI o,so ha ;"sa.. uqu'''iie''oh wills pro-
n f,e r., H., ~ trse. 'e u
opinion that whe o,'' No. .nen am eieariy OF inc
op acsoupt nj ,isnyai'S F Is aealea regsiration
s..rt in The cn,,,m" III; ~ Is TO- s"gc"m 10 IN
,nsr.Iv snnxa,am, .s, wor' aone; or any other
tbc d;.,o.sI,,. ,,.'s S;,iu IL SHOULD appe. tha'
lion of The rs, nreis ~ NY umuG, .ie 4'ii sec
nv rerarr;ns IN ,ha. VI ',e cons.uton either
cifyinu nil or son,. Of H., vi " sl
lurrIty which ,h. .sn,n a.;1 "o's VI ulS,
NIX ~ ooseS !, u ",aIi anu III an
ssnnc6 d;sioy,i,v t,d - i .na' PROOF vi
md ,h,t ,bo;r a@ i =, Mi'he ms OF witnesses,
bo,,b of thcs,. NJ ,v;sonS IT,. eh nc r g .or
rI,;Irai chnraa "f S..,n ".e cosious. 10 meet
general clafge OF d.sloy9ty IS almost impossible.
Sit,a,w il t.,a, ".,o'oie, oeiines what inc as
franclris The law in tho sarna snirit eyclpdcs
onfy ii ON regis r,tion those Who mar hive rnn-
United such ats f d slo al v. and no others
nd to secure to the rty the lirbt to h I'VE that
lll Il cf the witness o. Witnesses proving such
dislt yfty are to b. G Ven. This provision is