The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-08-13
WHO CAN REGISTER.


From the passage of the first Reconstruction
Act in March last, down to the present time, we
have again and again endeavored to familiarlze
our readers with the nature and provisions of
the several Acts of Congress bearing on Recon
struction. But it would appear we have failed
in our endeavor; for we hear almost daily OF
nersons whose ideas on the subject are hope
iessly and almost uncomfortably confused. Some
there are who believe that no one can register
who has "aided and abetted the rebellion;'
others are of the opinion that the "iron CLAD
oath must be taken by every one who proposes
to register. These and other misconce ptions
appear to prevail much more widely than we
could have thought after the repeated pubca-
ton of the laws on the subject, with the exposi-
tion that has been repeatedly given in all the
public prints 1t is to be accounted for in the
fact that, when this information was published,
many felt 70 immediate interest In the matter,
registration being then far off; and now, when
the time for the application of these laws has
come, many are ignorant of their nature.
Now we will briefly consider who, according
to these Acts, is entitled to the privilege OF
registration
l. All colored men twenty-one years old, who
have resided in the State one year next proceed
ing the date of registration.
2. All white men, native and resident here,
who have attained the age of tweuty,o years,
since the close of the war.
g. All men, whether they were engaged IN
rebellion against the United States or not; pro-
videa they did not before the war hold any
Office under the United States Government, or
hold any "civil office created by law for the ad-
ministration of any general law of State, or Tor
the administration of justice" .
A ho hav
either borne arms against the United States, or
"aided and abetted in the rebellion, after having
Cat any previous period of their lives) taken an
of the United States, or as member Of any
State Legislature, or as an executive or Judicial
officer of any State, to support the Constitution
of the United States" are DISTINGUISHED. This
is according to the first Reconstruction Act,
and this clause is based upon section Sd Of the
proposed Constitutional Amendment. The
second Act contains nothing on this head.
The third, however, passed at the July session,
10 section 9th, enacts "that the true intent and
meaning of the oath prescribed in said Supple
mentary Act is (among other thinSs) that no
person who has been member of the Leglsla-
ture of any State, or who has held any execu
tive or judicial Office in any State, chether he
has taken an oath to support the Constellation
Of the United States or not, and whether he was
holding Office at the commencement of the re-
bellion or had held it before, and who was
afterwards engaged in insurrection or rebellion
against the United States, or given aid or COM
fort to the enemies thereof, is entitled to be
registered or to vote; and the words executive
or judicial officer 10 any State 10 said oath men
toned shall be construed to include all civil
officers created by law for the administration of
I r. r1a I'M,
tration of justice"
Under this clause, we think, are comprised
all officers of whatever character, of either the
United States or any Of the States, excepting,
perhaps, officers of the militia. The District
Commander is clothed with large discretionary
power in the construction Of all doubtful points
| in these Acts. We cannot say what his decision
will be in the case of militia officers, but incline
| to the belief that in the case Of lawyers, also
doubtful in the minds Of many, he will rule that
| they are not DISTINGUISHED This We infer from
his letter to Senator Trumbul, wherein he sets
! forth what he deemed proper Interpretation
| of the clause 10 question, in Article AlV-the
Constitutional Amendment AS Congress did
not legislate on the subject with sufficient clear
ness to exclude doubt, i: is fair to suppose thai
Gen. Sickles, when he has the power to be his
| own interpreter, will rule in accordance with
| the indications laid down in his letter.
Postmasters, magistrates, notaries public and
indeed all officers of every grade, we presume
must be considered disfran chised under the las
Act Judge Underwood, last week, charged
the Grand Jury in Richmond specially to in
vestigate charges of perjury made against cx
| postmasters who have registered.
In the of several Of the officers men
toned, We know there will still be doubt, ant
| we hat SipEl ate
in General Order, define, beyond doubt or
peradventure, who are entitled to register ant
who are not. lie is the only authorized expo
nent within the limits Of North and Soutl
| Carolina. An order of this kind is much needed
and nothing else can set at rest the anxiety ant
doubt of the individuals concerned Charles
! ton News.