The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1867-07-03
Attorney Generals Opinion.
WHO ARE ENTITLED TO REGISTRATION.


entitled to vote, will be read With peculiar
interest at this time:
l. The oath prescribed in the supple,
mental act de6ues all the qualifications
required, and every person Who can take
the oath is entitled to have his name en-.
tered upon the list Of voters.
2. The board Of registration have no
authority to administer any other oath to
the persons applying for registration than
this prescribed oath nor TO administer
any oath to any other person touching
the qualifications Of the applicant, or the
falsity Of the oath so taken ty him. The
act, to guard against falsity in the oath,
provides that, il false. the person taking il,
shall be tried and punished for perjury.
No provision Is made tor challenging
the qualifications Of the applicant, or en-.
teriug upon any trial or Investigation Of
his qualifications. either by witnesses or
any other form ofproof.
8. As to citizenship and residence.
The applicant tor registration must be
citizen Of the State and of the United
States, and must be resident Of coun
ty included in the election district He
may be registered ifhe has been such citi
Zen for period less than twelve months
at the time he applies for registration, but
be cannot vote at any election Unless his
citizenship has then extended TO the Full
term OF one year. As to such a person
the exact length OF his citizenship should
be noted opposite his name on the list. SO
that it may appear on the day OF election.
upon reference 10 the list, whether the full
term has then been accomplished.
4. Au unnaturalized person cannot take
this oath, but an alien who has been ma
turaized, can take It, and no other proof
Of naturalization can be required from
him.
s. No one who is not twenty one years
OF age at the time ofregis,ration cah take
the oath. for he must swear that he has
then attained that age.
9. No one who has been disfrauchised
for participation Id aHv rebellion against
the United States, or for felony committed
against the laws of any State, or Of the
United States, can safely take this oath.
The actual participation in a rebellion,
or the actual commission OF felony, does
not amount TO disfranchisement. The
sort Of disfranchisement here mesnt ia that
which Ia declared bv competent authority.
or which has been fixed upon the criminal
by the sentence OF the court which tried
him for the crime.
No law OF the United States has de.
clared the penalty Of disfranch isemen, for
ms arti in IoIl. Il
is it known that any such law exists In
either Of these ten States, except, perhaps
Virginia, as to which State special insttuc
tions will be given.
z. As to Acknowledgement arising from
having held office followed by participation
10 rebellion.
This is the most important part Of the
oath, and requires strict attention to arrive
at its meaning. deem it proper to give
the exact words The applicant mus,
swear or affirm as follows.
"That ! have never been rtiemher Of
anv State Legislature, nor held anv exc
cu,ive or judicial office in any State. and
afterwards engaged in an insmrraction or
rebellion against the United States, or
given aid or comfort to the enc mics there.
Of; that have never taken an oath as
member Of Congress Of the United States,
or as an officer Of the United States, or as
a member Of any State Legislature, or IA
an executive or judicial officer of anv State
TO support the Constitution OF the United
States, and afterwards engaged in insur-
fectioh or rebellion against the Unite ed
States, or given aiG or comfort to the ono
mics thereof"
Two elements must concaf in order to
disqualify person under these clauses:
First, the Office and official oath TO support
the Constitution OF the United States;
second, engaging afterwards in rebellion.
Both must exist to work disqualification.
and must happen in the order Of time
mentioned.
A person who has held an office and
taken the oath to support the Federal
Constitution. and has not after wards en-
gagged in rebellion. is no. disqualified. -
So, too, person who has engaged in
rebellion, but has not Heretofore held an
Office and taken that oath, 10 not dsduali
He'd.
3. Officers OF the United States.
AS to these the language Is without
Limitation. The person who has at any
time prior to :he rebellion held sov office,
civil or military, under the United Ststes.
and has taken an official oath 10 support
the Constitution Of the United States, Ii
subject to disqualification.
0. Military officers of any State. prior
to the rebellion, are not subject to dis
qualification.
10. Municipal officers. that is to say,
officers Of incorporated cities, towns and
villages, such as mayors, aldermen. town
council, police, and other city or town
officers, are not subject to disaualihca'
tioD.
IL. Persons who have. prior to the 70
bellion, been members Of the Congress Of
the United States, or members OF a State