Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-10
Acknowledgement.

As the time approaches for the registra-
ton of voters in this Military District, the
people are naturally anxious that some au-
thoritative order should be issued directly
from General Sicl1les, or through him, from
the President of the United States. defn-
ing clearly who are eligible under the
DISTINGUISHING clauses ofthe Reconstruction
acts to register as voters. There are rumors of
strange and extraordinary construction
being placed upon them by certain OF the
Military Commanders of the Southern Dis
tricts. and the fact that in certain districts
in Louisiana the Board of Registers are
denying all persons who ever held any of
fee, however insignifcantand local, wheth-
er an oath to support the Constitution of
the United States had been taken or not,
the right of registry and it seems this is
done in accordance with the Interpretation
given the act by a Mr.. Devices, who is
chairman OF the Republican Executive
Committee.
In orderto prevent similar state of af-
fairs here, we desire to see an Or
der from our Military Commander issued,
establishing common and just basis for
the guidance of registers. hope mat
ter in which such large numbers of citi-
Zens are interested, and which bears so di
rectly upon the great question of recon
struction, will not be left to the caprice or
arrogance of registers, much less to the not
over-scrupulous interpretations of interest
ed partizans It is to be regretted that
Congress, when it was found necessary to
pass a supplemental bill, to explain the ORR
ginal act, did not include within its pro-
visions an honest and plain construction of
the DISTINGUISHING clauses. The people OF
the South had nothing of course to expect
from that quarter. but in obeying orders,
however distasteful they may be, we would
have preferred the law-making power to
have framed their demands SO plainly that
each person could have been the judge of
his status.
We have given our opinion upon this
subject. and would not refer to the matter
again, before the opinion of the Attorney
General should be made public, but that
we have seen new interpretations given to
these statutes. We havesaid, and still think,
that the prescribed classes are only such
officers, Federal or State, who, by the Con-
stitution of the United States, are required
to take an oath to support that instrument.
Executive. judicial and Legislative officers are
required by the Constitution of the United
4oI- n vi
bers of the Legislature, also 60 nOmine
are disfra nchised. A great many county
and municipal officers are required
to take an oath to support the Con-
stitution of the United States, but this is
by the statutes of North Carolina, and most
clearly are not embraced in the provisions
of the reconstruction bill, as the oath is not
q qualification for Office by force of the Ma
tional Constitution, and so far as the general
government is concerned, the oath is not
not he much difficulty in arriving at a safe
rule in deciding who are executive and
judicial officers, it seems to us that the
point we have just referred to would make
unnecessary, to great degree, any trouble
upon that score.
It was understood shortly before Gen
eral Sickles took command of his District,
that he had said that the bill did not in
clude any of the inferior offices. His opin
ion was not only important from the fact
that he was soon to assume command of
the Second Military District, but that he
was himself lawyer of ability. This
rumor of his opinion went so far as not to
include Magistrates. We were inclined to
doubt this at first, but believe now that
such an opinion, if ever given, was well
founded upon the ground that the officers
excluded are Federal and State officers, and
not local ones. Upon this point the Ma
tiOna! Intelligence, has the following:
ga county officer, city officer, q township Off
Ger, district Office precint oficer, etc. dis
tinguished from State officer, man reared in
American state could Well confound. The reg
ular judiciary of state USUALLY located in
districts, but the responsibility of all of them is
directly to the State Legislature The judges,
therefore, State officers but the courts of
spec al jurisdiction, where the responsibility of
the judges is local, and especially where their ju-
dcial functions (as those OF mayor, recorder, etc.,
are &c OticiO of municipal offices, and, of course,
all JustceS and other magistrates and ofhceIs OF
the peace cannot with the least consistency, be
called Stat officers" Less still the multi Lde
of officials whose functions emana' from and ale
served under the quasi political corporations, as
counties Cities towns townships school districts,
road districts etc., etc. in word, officers of the
State to be Disseminated from officers OF any
chartered municipality within and under the state,
whether the charter be general or special e.,
by way OF State law erecting counties &c, with
vested powers, or of special franchise vested in
the people of particular locality or for particu
lar public purpose. On the opposite-and there
seems to be no middle-principle, the transient
Methodist clergyman in remote circuit and the
governor at the capital are alike officers of the
State
We hope registration will not be ordered
in this District until these questions and
doubts are fully and finally settled. We
are confident, however, that i'll this State
and South Carolina no such partizan trick
cry will decide who are freemen and citi-
zens, and who are under the ban of Con-
gressional Acknowledgement, as has been
permitted in Louisiana. While we are not
prepared to endorse fully all the orders
emanating from our Commander, we know
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