The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-27

are entitled to registration
First. As to citizenship and residence
no person is entitled to vote who shall not
bc resident in the State for one year pre-.
vious TO the day of election. Ii is not
necessary that this previous residence foi
year should exist at the time the person
applies for registration. A PERSONA all other
respects entitled 10 vote is entitled to re-
gistration although he has not at that time
been resident of the State for full year
for we find in the supplemental act that
the oath, as 10 residence, does not require
the applicant to swear that lie has then
been a resident for year, but only requires
him to state the number Of months Of
his residence contemplating period less
than, as we'll as, "A full term of twelve
months. Therefore, as to such person SC
registered, if it happen at any election
subsequently to be held that the time OF
his residence, counting from the day oil
election, does not cover an entire year, he
cannot vote at such election: for this sup.
elemental act does not, as to residence
change the provisions of the original act
as it is expressly provided by it, as to regis.
tration, that it shall include only those who
are qualified to vote by the original act
To carry out the purposes of the law in
this respect, as 10 residence, the board OF
registration should note opposite TO the
name of the person whose residence has
not extended to the full term the exact
time of his residence.
Asto citizenship, the qualification stated
in the original act is citizenship OF the
State: but by the first clause, first
section, of the supplemental act, registra-
tion is to be made of male citizens of the
United States. As TO the oath, the appli-
cant is only required TO swear that he is Il
citizen of the State. | am OF the opinion
that the phrase citizen of the State, as
used in the oath, is intended to include
only such persons as are citizens OF the
United States and citizens of the State,
and that an alien who has not been made
a citizen of the United States cannot
safely take the oath but as the board OF
registration have only the authority to
administer the prescribed oath, they cannot
require any further oath or proof as to
citizenship; and if an alien not made a
citizen of the United States takes the oath
he takes is at his peril, and is subject TO
prosecution for perjury.
registration who is not at least twenty -onc
years of age on the day he applies for
registration. In this respect qualification
sto age differs from qualification as to
residence, and the fact that majority must
exist at the date Of registration has rcla-
ton to the day Of registration, and not to
the day at subsequent election.
Third. Next, AS to diSfanchlScmcnt. /
shall consider the various clauses OF dis
franchiSement according to the order and
division into sections hcrcnbctorc stated :,
and first as to the general clause declaring
Acknowledgement. The fifth section OF the
original act denies the right to vote to
such as NAV be DISTINGUISHED for partici-
patton in the rebellion or for felony at
common law. The words here used "in
the rebellion" must be taken TO mean the
recent rebellion, but the supplemented act
enlarges the disqualification, and requires
the applicant to swear that he has not been
disrranchised for participation in any re-
bellion or civil war against the United
States, nor for felony committed against
the laws of any State or the United States.
What, then, works disfranchiScment
under these provisions? Whether We
consider this disability as arising out Of
participation in a rebellion or the commits
sion Of 4 felony, the mere fact OF such par
ticipation or commission Of telon!ous OF
fence does not of itself work diStranchIse-
mcut. 1t must be ascertain"d by the
Judgment Of court or by a legislative act
passed by competent authority. Dlstran-
chiscmeut for felony committed against the
laws of State or the United States, CON
Scuucnt on conviction in the courts
either Of the United States or Of State,
or declared by the laws Of either, would
be fatal under these acts. | am not aware
OF any law Of the United States which
works disiranchiSement Is to the right OF
suffrage by force Of the act itself; nor does
such consequence follow from conviction
for treason, or conspiracy to commit trea-
son, or for any other act of participation
in rebellion. The provision in the Con-
stitution of the United States as to trca-
son against the United States does not
declare what shall be the punishment on
conviction of treason. That is left for
Congress, with the limitation that corrup-
ton of blood shall not follow as a conSc-
ducnce, nor any forfeiture except during
the life of the party. Congress, in the
exercise Of its power, has limited such
punishment, as the consequence of con-
viction, to the penalty of death or impri-
sonment, and the manumiSsion OF slaves
owned by the party, and TO the disqualih-
cation from holding any office under the
United States.
am not advised Of any statute now In
force in either of these ten States except,
perhaps, Virginia, which declares diStran-
chisemcnt as 10 right of suffrage by force
of the act itself. The fourth and fifth sec
tions may be considered together. Parties
applying for registration must swear that
" have never been a member. OF any
State Legislature nor held any executive
or judicial Office in any State, and alter
wards engaged in inSurreCtion or rebellion
against the United States, or given aid and
comfort to the enemies thereof that
have never taken any oath as member OF
the Congress of the United States, or
as an officer of the United States, or as
a member of any State Legislature, or
as an executive or judicial oihcer OIL
any State, and afterwards engaged in III
or rebellion against the United
States, or given aid and comfort to the en-
emieS thereof" THESE clauses OF the oath,
in effect, extend acknowledgements beyond
the provisions of the original act and
the prior clauses of the oath itself in the
important particular, that neither convic-
ton, nor the judgment of court, nor an
express legislative enactment, is required
10 establish the fact OF distranchlScment.
In legal parlancc, disfranchisement under
these clauses of the oath results from mat
tiers en- pals but in one respect these
clauses limit the generality of the original
act AS 10 the disfranchisement The origi-