The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-17

upon that opinion IN the public mind caused IN part py
the errors OF the telegraph aud the press 10 s puoca
oD and In part by the naptude OF the general reader
to follow carefully the and dependent steps VI
a protracted legal opinion
sumMARY-wHo AIRS ENTITLED TO Rnsr.rRArlos.
l. The oath prescribed In the supplemental act dennes
al the qualifications required and every person VINO can
ako that oath entitled 70 have his name entered upon
The board Of registration have authority 70 ad
minister any other oath 70 the person applying or regis
traon than this prescribed oath to administer any
oath TO any other person touching the qualifications OF
rho act to guard against fasty in the provides
that false the person taking shall be tried ana pun
sned for perjury No provision Is made Tor challenging
the qualifications Of the applicant entering upon any
trial or investigation Of his qualifications either by wit
nesses or any other form OF proof
As to citizenship and residence The applicant Tor
registration must be citizen OF the state and OF the
United Sates and mus - resident Of county inciua
e saa ~ ss ss % ess thsn twelve
months at the tine 10 apBAss for registration, but ne
cannot vote at any eesoa unless his citizenship mas
then extended the fn term Of one year. As TO such
person the exact length Of his citizenship snouid nc
noted opposite his the list so that it may appear
the full term has then been accomplished
An unnauralzed person cannot take this oath, but
an alien who has been naturalized can take ~ ana no
other proof VI naturalization be required from him.
3. No one who is twentyone years or age at the
time Of registration can take the OATH for ne must swear
that he has then attained that age
g. No who has been disranchised for participation
In rebellion against the Urited Staes or Tor felony
committed against the any State Of the United
States can safely take this OATH The actual parcpa-
ton Ia rebellion the actual commission OF felony,
does not amount 10 Acknowledgement The sort OF DIS
franchisemen here meant Is that which Is declared by
law passed by competent authority which has been
fixed upon tho criminal by the sentence OF the court
which tried him for the crime No law Of the United
States has declared the penalty Of Acknowledgement for
participation in rebellion alone. Nor Is 1t known
thai any such law exists IN either OF these ten States
except perhaps Virginia, to which state special in
structlons Will be gwen.
T. AS to acknowledgements arising from having held
office followed by participation IN rebellion. This Is the
important part Of the oath, and requires strict
attention to arrive at its meaning deem It proper to
give the exact words The applicant must swear or
affirm follows
That have been member of State leeisia-
tnre held executive judicial office In any state
against the United given aid comfort 70 the en-
Of Congress Of the United states or as an officer the
United states or AZ member Of any state or Is
Constitution of Uned and forwards engaged
in instruction rebellion against the United States, or
given aid or comfort to the enemies thereof.
Two elements must in order disquaiify per-
son under these causes:Frst, the Office and official
oath TO support the Constitution OF the United States-
Second engaging afterwards rebellion. Both must
exist TO work disqua rcaton and must happen in the
order of time mentioned A person who has held an
Office and taken the oath to support Federal Cons
tuiion and has not afterwards engaged In rebellion Is
not disqualified. so, too, person who has engaged in
rebellion, but has not heretofore held an Office and taken
that b, Is not disqualified.
Officers Of the United States-As to these the Ian
guage without limitation. Tue person who has at any
time prior TO the rebellion held any Office, civil or mill
tary under the United States and has taken an ofci
oath to support the constitution Of the United Sates 10
subject to disqualification.
Military officers ., any state, prior to tho rebellion,
are not subject to disqualification.
TO- Municipal c1cers that is to say. officers Of incor-
porated Cities towns and villages, such mayors, alder
mon. town council, police, and other city or town
officers arc not subject TO disqualification.
H. Persons who have prior to the rebellion, been
members of the Congress OF the United States men,
bers Of State Legislature subject to disqualified
tons framing amending the constitution Of a Sate
prior 70 the rebellion are not subject TO disqualified
ton.
II All the executive or judicial officers OF any State
who took oath to support the constitution OF the
United states subject 70 disqualification, and in
these include county officers to whom made
reservation in the opinion heretofore given After full
consideration have arrived NJ the conclusion that they
arc subject to disqualification they were required 70
take part Of their Official oath the oath 70 support
the constitution OF the United states.
H. Persons who exercised mere agencies or employ
as commissioners TO lay out roads, commissioners
Of public works. visitors Of state institutions directors
banks no.ares public commissioners take acKnowl
edgments Of deeds aud lawyers
ENGAGING IN REBELLION
Having specified what Offices held by any prior 70
the rebellion come within the meaning Of the law II IS
necessary subsequent conduct fixes
repeat that two things must exist as any TO
disquay him from voting first the Office held prior TO
the rebellion. and afterwards participation In the rebel
lion.
IA An act to fix upon person the offence Of engag-
ing 10 rebellion under this law must be an overt and
the unlawful purpose person forced into the
rcbc service BY CONSUMPTION under paramount au
have entered such If left to the free exercise
OF bis own WILL cannot be held 70 DO disqualified from
Is Mere OF charity where the intent Is to relieve
the OF the object OF such charity, and not done
in aid Of the in which he may have been engaged
do dsquafy. But organized contributions Of food
and clothing the general relief Of persons engaged in
the rebellion, and not Of merely sanitary character,
but contributed TO enable them TO perform their unaw-
ela dn
Forced contributions the rebel cause 10 the form Of
taxes military assessments, which person may be
voluntary contributions 70 the rebel cause even such
indirect contributions arise from the voluntary loan
OF money 70 rebel authorities or purchase OF bonds or
securities created TO Afford the means OF carrying the
rebellion will work disqualification.
16 Ali those Who in legislative other official capa
city, engaged in the furtherance Of the common
unla wiu purpose, where the duties Of the Office
say had relation to the support OF the rebellion. such
as members Of the rebel conventions congresses ana
legislatures, diplomatic agents OF the rebel confedcracy
and other oc ais whose Offices created for the
pose Of more enectuay carrying hostities whose
must be held be disqualified But officers who, dur
ing the rebellion, discharged official duties not incident
70 war out ony sucn duties as oe0ns 70 s'ase Oh
and the administration Of law, are not TO be considered
thereby engaging IN rebellion or as disqualified Dis
loyal sentiments, opinions or sympathies would not
dsquafy but where person has by speech or by writ
ing incited others engage In rebeop no must come
under the disqualification
H. The duties Of the Board appointed to supcrntcnd
the elections This Board having the custody Of the list
Of registered voters In the district for which II Is cons
tued must see the Of the person offering TO
vote Is found upon the registration list and such proves
DO the fact 10 the duty Of the Board 70 receive his
vote They cannot receive the vote OF any person
whose name Is not upon the list, though he may be
ready to take the registration oath, and although he
may satisfy them that he was unable 70 have ms name
registered at the proper time in consequence Of absence
sickness other cause The board cannot enter into
inquiry TO the qualifications Of any person whose
name not the list a. 70 the QUALIFICATIONS Of any
person whose on the list
is rhe mode Of voting s provided In the TO be by
ballot The board will keep . record and poll-book Of
election, showing the votes list OF voters and the
persons elected by plurality Of the the
election and make returns Of these 70 the commanding
general OF the district
10 The board appointed for registration and for super
intending the elections must take the oath prescribed
by the act Of Congress- approved July 1851 entitled,
IAN act 70 prescribe oath q Office"
have the honor 70 be, with great respect.
HENRY SrANBERY, Attorney General.
cRowLs FROM VARIOUS SOURCES.
hsa rcfs~