The home journal. (Winchester, Tenn.) 1858-188?, 1867-05-16
Certificates of Qualification.

As an apprehension 10 prevailing
that all applicants for certificates Of
qualification as voters will be refused
by the Commissioner of Registration
for this county, unless they a take
what is termed the "iron clad OATH"
we have concluded to publish the ex-
ceptions made by the law from the gen
eral disqualification. The first section
Of the Act Of the 25th of February,
1867, which is amendatory ofthe ACT
of May Sd, 1866, and which is the last
Act upon tue subject Of the franchise
enumerates the disqualitications OF
males over t~wenty-one years OF age as
voters, but after reciing the several
disoualiications, the section concludes
with the following proyiso:
"Proyided, That the foregoing res,
trictions and djsqualifcations shall not
apply to any citizen who may nave
served in and been honorabV aus
charged from the army or navy OF inc
United States since the first day OF
January, 1862, O to those who voted
IN the Presidential election in Novem-
Der. 1864, or voted in the election Tor
Qualification or Rejection" in Februa.
~. 1865, or voted in the election held
on the 4th of March, Of the same year,
tor Governor and members OF the Leg
islature, nor to those who have been
appointed to any civil or military office
Nv Andrew johnson, Military Cover
nor, or VIM. G.. Brownlow, Governor
of Tenncssec, prior to June 9Th, 1865;
MI of whom are hereby declared to be
qualified voters, upon their complying
with the requirements OF this Act;
Proviaed, That this latter clause shall
not apply to any commission issued
upon any election which may have
been held"
There is nothing ip the Act which
conflicts with the express provisions
of this proviso, and hence the absurd
ty of supposing that it is susceptible OF
a construction so u%ntenable.
1t is true that the Register has the
physical power to make a law with
himself, and to refuse to obey the plain
letter of the law, but we have no right
to presume that he will wilfully disre'
gard it, and if be should do so, the 18th
section of the same Act provides
"That every willful and intentional
violation of this Act by the Commits
sioner of Registration is hereby de
clared to be q misdemeanor, and upor
conviction, he shall be removed from
office, and shall pay a fine of not less
than fifty dollars, to the use of th'
State"
Under this section, in every instance
when he declines to issue a certiticat'
to q qualified voter, he is subject to Al
indictment, upon which will follow tn
penalties prescribed in the 18th section
and, beside. he is subject to q civil sui
for damages for every willful refusal tt
obey the law. If the Register has NJ
property which can be reached by pro
cess of the Courts, he could refuse t.
issue certificates with impunity, so ia
as the danger Of civil suits is con
corned; but, in a criminal prosecutio
the fine in each case cannot he les
than $4,000, and it must be paid ors
cured before the accused can have hi
liberty. IF course so proscriptive a
is imagined were pursued by the Regis
ter, Of course every man injured by
would seek redress through ever
channel known to the law, and const
quently we repeat that it is absurd t
! presume that any sane man would 81
up his will against the law Of the liant