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

ant charity cannot be considered es In
so,Ving the party in participation in tho
.soeiilon. SO, too, are forced contribu-
s'ohs oy the rebel authorities, or the COM
poy payment Of taxes In cid Of the
, lepe'hous cause. II would involve the
Pelsoh, anu y must work disqualification
: under this law. Voluntary contributions
IN iur.ne,ance Q, the rebel loans, and their
organized Contributions Of food or clothing,
or necessary supplies, except Of strictly
sanitary character, are 10 Le classed with
acts which disqualify.
The Board Of Registration.-The oriai-
nal act contains noprovision as to the man
ner and time of holding an election OF
delegates to convention, or ratification Of
a constitution framed by that convention,
or for other purposes. The first section Of
the supplemental act provides that regis
tration of voters shall be made before the
lst of September, 1867. The fourth and
subsequent sections provide for the means
by which this registration is to be effected.
The commanding general is directed to ap-
point as many boards of registration as
may be necessary, consisting Of three loyal
officers or persons, to make and complete
the registration, superintend the election,
and make return to him of votes, lists of
voters, and Of persons elected as delegates
by apluralty of votes cast at said cleo
ton; and upon receiving said returns he
shall open the same, ascertain the persons
elected as delegates, inspect the returns of
the officers who conducted said election,
make proclamation thereof, and If a ma
jority of votes given on that question shall
be for convention, the commanding gene
raj, within sixty days from date of elec-
/ ball tha Iala 70
BILE in convention at a time and place to DO
mentioned in the notification and said
convention, when organized, shall pro-
coed to frame a constitution and civil
government according to the provi-
sions of this act and the act to
which it is supplementary and when
the same shall have been so framed, said
constitution shall be submitted by the
convention for ratification to the persons
registered under the provisions of this act
| at an election to be conducted by officers
or persons appointed or to be appointed by
the commanding general as hereinbcfore
provided, and to be held after the expira-
ton of thirty days from date of notice
| thereof, to be given by said convention,
and returns thereof shall be made to the
commanding general of the district. The
the States mentioned in said act to pro
vide for the more efficient government Of
the rebel States" shall, during the opera
tion of said act, be by ballot, and all
officers making said registration Of voters
and conducting said elections shall, before
entering upon the discharge of their
duties, take and subscribe to the oath pre-
scribed by the act approved July 2, 1862,
entitled San act to prescribe an oath OF
office" provided, that if any person shall
knowingly and falsely take any oath in this
act prescribed such person, on conviction,
shall be subject to the pains, penalties, and
disabilities which by law are provided for
the punishment OF wilful and corrupt
perjury.
| The only oaths prescribed by this act arc
the oaths to be taken by the person ap-
plying for registration, and the oath to be
| taken by the persons composing the board
of registration. The duties of the board
are, first, to make and complete the regis
tration and to superntend the elections.
| The first question is as to the duties and
powers of the board in making and COM
plotting the registration. The first section
provides that the commanding general
shall cause a registration 10 he made of the
tmale citizens of the United States twenty
one years of age and upwards, resident in
each county or parish in the State or
States included in his district, which re-
gistration shall include only those persons
who are qualified to vote for delegates by
the act aforesaid, and who "shall have
taken the following oath or affirmation"
By this oath the person applying for re-
| giStration must swear or affirm to
every qualification provided for by the
original act. The first question which
arises here is whether any other oath can
be required OF the person applying for
registration, or any oath can be admins
tered to any other person or persons touch
ing the qualifications Of the applicants by
the board of registration. The last clause
Of the first section provides az follows:
(Which oath or affirmation may he ad-
ministered by any registering officer"
The oath here referred 10 is the oath to be
taken by the person applying for registra-
ton. | have very carefully examined all
the provisions of this act, and / can fled
no authority for any other oath to be taken
by any one touching the qualifications of
the applicant for registration, but only this
oath. ! am clearly of opinion that any
other oath touching the qualifications of
the applicant would he extra judicial and
without authority, and that false swearing
could not be assigned as perjury upon such
unauthorized oath, especially as the pro-
yiso to the sixth section, above quoted,
which declares what false swearing shall
amount to perjury, is expressly limited to
"any OATH in this act prescribed"
On arriving at this conclusion | have
given due weight to that part of the first
section OF the act which declares that tho
registration shall include only those per-
sons who are qualified to vote for dele
gates by the aforesaid" and who "shail
have taken the following OATH" il We
read these words by themselves without
regard to the other provisions Of the act,
the impression is made that two things
must concur to authorize the registration
of the applicant First. That he actually
possesses the qualifications required by the
original act, and find that he is required
by this oath TO swear TO every one OF these
qualifications, and that no authority Is any
where given to enter upon any other in
curry as to his qualifications, or to admin
lister anv other oath to him, or any oath TO
any other person, touching his qnalitica-
tions, and that his oath, and his oath alone,
is punished with perjury. 1t is impossible
to resist the conclusion that the oath itself
is the sole and only test Of the qualiiica-
ton of the applicant. When, therefore, a
person applies to the board for registra-
ton, the power of the board Is con-
fined to the administration of the pre-
scribed oath, and if the applicant takes