Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-31

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OF the rebellion, induced Congress to use the word
engage In the sense of voluntary participation.
When an lnsurrection, by its continuance, takes
the form of de fdctO government, and prescribes
and enforces laws the people within its terri
tory, individual rights and obligations undergo
an inevitable modification, and the nghttul and
displaced authority, when 1t again comes into
place, must, in a measure, accommodate Its &C
lions to circumstances, and consider many things
as rightfully done, which, in mere instruction,
would have no color of legality. This principle is
recognized by all civilized nations. 1t has been
especially enforced in England by statute, and by
the decisions Of courts as early as the reign OF
Henry the Seventh. Obedience to the de tdctO
government, established under a usurpinG mon
arch has been held not to involve subject in
the guilt OF treason to the lawful King. Giving
due weight to these well established principles l
proceed with the inquiry.
| of opinion that some direct overt act, done
with the intent to further the rebellion is neccs
sary to bring the party within the purvleW and
meaning OF this law. Merely disloyal sentiments
or expressions are not sufficient. The person ap-
plying for registration Is not required to clear
himself from the faint of dislOyalty. The mean
ing Of Congress here becomes yet more evident
when we look at the last clause Of the prescribed
oath. He is required to swear that he will
faithfully support the constitution and obey the
laws Of the United States and will, to the beat OF
his ability, encourage others so to do
This part of the oath is not exculpatOIy, but
promisory. 1t looks to the future, and not to the
past. and the purpose IS here manifest to
from the right to exercise ot1ice-where acts OF
COMMON humanity and charity cannot be con-
sdered as involving the party in participation n
the rebellion.
So. too. are forced contributions by the rebel
authorities, or the compulsory payment of taxes
in aid of the rebel cause. 1t would involve the
person, and it must work disqualification under
this law. Voluntary contributions in furtherance
of the rebellion, subscriptions to the rebel
loans, and even organized contributions of food
or clothing, necessary supplies, except OF @
strictly sanitary character, to be cds6cd with
acts which squaify.
THE BOARD OF REGIsTRATIoN.-The original act
contains no provision to the manner and time
for holding elections for delegates to d COnven-
ton, or ratification Of the Constitution framed by
that Convention, or for other purposes.
The first section of the supplemental act pro-
vides, that registration of the voters shall be
made before the first of September, 1867.
The fourth and subsequent sections provide for
the means by which this registration IS to be ef-
fected. The Commanding General IS directed to
appoint as many Boards OF Registration as may
be necessary consisting OF three loyal officers or
persons, to make and complete the registration,
superintcnd the election, and make returns to him
of the votes, lists of voters and of the persons
elected delegates by plurality Of the votes
cast at said election. And upon receiving said re-
turns he shall open the same, ascertain the per-
sons elected delegates according TO the returnsCf
the officers who conducted said election, and make
proclamation thereof, and if a ma Ority OF votes
given that question shall be for a Convention,
the Commanding General, within sixty days from
the date OF election shall notify the delegates to
assemble in Convention, at 4 time and place to be
mentioned in the notification, and said Convention,
when organized, shall proceed to frame cOnsti-
tuition and civil government according to the pro-
visions of this act, and the act to which it is sup
and when the same shall have been
so framed, said constitution shall be submitted by
the Convention for ratification to the persons
gistered under the provisions Of this act. at an
election to be conducted by the officers persons
appointed, or to be appointed, by the Command
ing General, as herein before provided, and TO be
held after the expiration of thirty days from the
date of the notice thereof, to be given by said
and return thereof shall be made to
the Commanding General of the district
The sixth section provides that all elections in
the States mentioned i'll said act, to provide for
more efficient government of the rebel States,
shall during the operations Of said act be by bal
lot, and all officers making said registration of
voters, and conducting the said elections, shall
before entering upon the discharge of their duties,
take and subscribe the oath prescribed by the act
approved July End, 1862, entitled all act to pre-
scribe an oath of office. PrOCided, That if any
person shall knowingly and falsely take and sub
scribe any oath in this act prescribed, such per-
son so offending, and being thereof duly convict
ed, shall be subject to the pains, penalties and
disabilities which by law are provided for the pun
ishmennt OF wilful and corrupt perjury. The only
oaths prescribed by this act are the oath to be
taken by the person applying 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 registration,
and to superintend the elections.
The first question to the duties and powers Of
the board i'll making and completing the registration.
The first section provides that the Commanding Gene
raj shall cause registration to be made OF the male
citizens of the United States, twentyOne years of age
and upwards resident in each county, parish, i'll the
State States included in his district, which regiStra
shall include only those persons who qualified
delegates by the act afOr esaid and who shall
have taken and subscribed the following oath or atir
nation.
By this oath the person applying for registration must
swear or affirm to every qualification provided for by
the original actor the first question which arises here
whether any other oath be required of the per
son applying for registration or any oath can be adj
qualifications OF the applicants by the board of regis
tratiOn The last clause of this first section provides
as follows: (which oath or affirmation may be adj
by any registering olicer The oath here
referred to is the oath to be taken by the person apply
all the provisions of this act and can find no authori
ty for any other oath to be taken by any touching
only this oath an clearly ofopnion that any other oath
touching the qualifications of the applicant would be
extra judicial and without authority, and that false
swearing could not be assigned as perjury upon such
oath, especially the provision 20 The
sixth section above quoted which declares what false
swearing shall amount to perjury IS expressly limited
to 'any oath i'll this act presCribed.n
In arriving at this conclusion have given due
weight to that part Of the first section of the act
which declares that the registration shall include
only those persons who are qualified to vote for
delegates by the act aforesaid, and who shall have
taken and subscribed the following oath or affir-
nation.
If we read these words by themselves without
regard to the other provisions of the act the i'm
preston is made that two things must concur to
authorize the registration OF the applicant: First,
that he actually possesses the qualifications re-
CURED by the original act, and lind that he is
CURED by this oath to swear to every of these
qualifications, and that no authority is anywhere
given to enter upon any other inquiry as to his
qualifications, or to administer any other oath to
him, or any oath to any other person touching his
qualifications, 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 qualification Of the appli-
can't
When, therefore, person applies to the board for
registration the power of the board is confined to
the administration of the prescribed oath, and if
the applicant takes that, his name must go upon
the registry. The board cannot enter upon the
inquiry whether he has sworn truly or falsely
That inquiry must be reserved to the court which
may afterwards have jurisdiction to try him on an
for perjury. Next, to the duties OF
the board after the registration is completed.
They are to superintend the election and make
return OF the votes, list of voters and Of the per-
sons elected, to the Commanding General. 1t is
very clear from these provisions that in superin-
tending these elections. the duty Of the Board is
to receive the votes of the persons whose names
are upon the registration, and to reject all others.
There is no provision anywhere to surcharge or
ia sify, to add single name to the registration
or to erase single name which appears upon it.
of the Thfrty-Seventh Annual
Convention of the Baptist Church of
North Carolina