Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-08


Actapprovcd July 2, 1862 entitled stAn A ct
to prescribe an oath of office; :" provided Tint
if any person shall knowingly and falsely take
any oath in this Act prescribed, such person
on conviction, shall be subject to tho pains
penalties and disabilities which, by law. are
provided for the punishment of Hilful and
corrupt perjury.
The only oaths prescribed by this Act are
the oath to be taken by the person applyino
Tor registration, and the oath to be taken by
the persons composing the board of repistra-
ton The duties of tho board are, first to
make and complete the registration and to
superintcnd the elections. The first question
is to tho duties and powers of tho board in
making and completing tho registration. The
llrSt section provides that the commanding
general shall cause registration to be made
OF the male citizens of the United States
t%cnty-onc years of age and upwards, resident
IN each County or Parish in tho State or States
included in his district, which registration
Shall include only those persons who are Quail
lilcd to vote for delegates by the Act aforesaid
and who :" shall have taken the following onth
or affirmation BY this oatlr, tho person ap.
plying Tor registration must swear or affirm
to every qualification provided for by tho orig
ma Act Tho first question which arises
n, mere n Is wnetller other oath can be required
VI mo person aPpyt"S w. -: -..ss,----, "a ANY
o"tf o"" Do edministerpd 4t. my other person
OF persons touching tho qualifications Of the
applicants by the board Of registration Tho
last clause OF the first section provides as fol-.
lows: Which oath or affirmation may be nd-
mlnistcrcd by any registering officer The
oath here referred to is the oath to be taken
by the person applying for registration. /
have very carefully examined all the provis-
ions of this Act, and | can find no authority
Tor any other oath to be taken by any one
touching the qualification of the rplicant for
registration, hut only this oath. i am clearly
OF opinion 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 rs perjury up.
on such unauthorizcd oath especially rs the
proviso to the sixth section, above quoted,
Which declares what false swearing shall
amount to pcrinry, is expressly limited to
any oath in this Act prescribed"
| On arriving ut this conclusion. have giv.
en- due weight to that part of the first section
Of The .tct which declares that The rcristra.
Son shall include only those persons who
" ave r.~,liiicd to vote for delegates by the
aforesaid" and who " shall have taken the
following oath" If we read these words by
| themselves without regard to the other pro,
visions of the Act Impression is made that two
things must occur to authorize the regiStra.
ton of the applicant: First-Tlat he nctu.
ally 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 inquiry
aa to his qualifications, or TO administer any
other oath to him, ornny other person touch.
ing qualifications, and that his oath and his
oath alone, is punishc with perjury 1t is
impossible to resist the conclusion that
the oath itself is the sole and only test of
the qualification Of the applicant When
therefore, ap"rson applies to the board for
registration, the power Of the board il con.
tinod to the administration of tho prescribed
oath; and if The applicant takes that, his name
must 90 upon the rogi tcr. The board cannot
enter upon tho inquiry whether lie has sworn
truly or falsely. That inquiry must be re-
served to the court, which may afterwards
have jurisdiction to try him on an Indictment
Tor perjury Next to the duties of the board
alter the registration Is completed. they are
to s'iprrlntcnd the election and make returns
OF tho votes, list OF voters and of the pcrsuns
c'ect'd to the comm 'ndin@ general. 1t is
very clear from these provisions that in su
p"rlntend'nG these clc :tions the duty Of the
hoard is to receive til votes of the persons
whose names arc upon the registration. and
to reject all others. There is no provision to
snrchargc or talsify, or TO add single name
70 tue registration, or to erase single name
which appears upon it,
LoNphN, May 81. 26.-Notwithstan?ing dec.
c'aratioms to the contrary. il is thoumht tho