The Van Buren press., 1867-07-05
Who can Regis,er and who arc pisquali-

General was approved In a meeting OF the
CabinC; on the ?oih by all the members but
Stanton. and the President announced to the
Cabinet that after f,ill delibcraton he concur
red with the majority upon these sections OF
the summary, TO which the Secretary Of War
expressed Ais dissent, and he concuIred viii.
the Cabinet upon the sections approved by a
unanimous vote, aud that, as IL appeared
military commanders entertained doubts upon
the points covered by the summary, and as
their action hitherto had not been uniform, he
deemed II proper without further delay to
communicate in general order TO the re-
spectiye commanders the points set forth in
the summary. The following is the summary
and il will be seen that but very few are
disqualified:
|. The oath prescribed in the supplemental
act defines all the qualifications required, and
every person who can take that oath is enti-
tied to have his name entered upon the list Of
voters.
2. The board of registration have no author
ity to administer any other oath To the person
applying for registration than this prescribed
oath nor to administer any oath 10 any other
person, touching the qualifications of the ap-
pieant, or the falsity of the oath so taken by
him. The act to guard against falsity in the
OATH provides that, If false. the person taking
il shall be tried and punished for perjury.
No provision is made for challenging the
qualifications of the applicant, or entering
upon any trial or investigation of his qualiii-
cation, either by witnesses or any other form
of proof.
s. lis 10 citizenship and residence.
The applicant for registration must be a
citizen OF the state and of the United States,
and must be "A resident of a county included
in the election district. He may be registered
ifhe has been such citizen for a period less
than twelve months at the time he applies for
registration. but he cannot vote at any elec-
tion unless his citizenship has then extended
to the full term OF one year. As to such per-
son the exact length OF his citizenship should
be noted opposite his name on the list, so that
Il may appear on the day Of election, upon
reference to the list. whether the full term
has then been accomplished.
4. An unnaturalized person cannot take
this OATH but an alien who has been natural
lied can take it, and no other proof of natural
ization can be required OF him.
5. No one who is not twentyone years of
age at the time of registration can take the
oath, for he mtist swear that he has then at
tanned that age.
6. No one has been disfranchised for par
ticipation in any rebellion against the United
States, or for felony committed against the
laws of any State or of the United States can
safely take this oath.
The actual participation iu a rebellion, or
the actual commission of felony, does not
amount to disfranchisement. The sort of dis
franchisement here meant, is that which is
declared by law passed by competent author
ity, or which has been fixed upon the criminal
BY sentence of the Court which tried him for
the crime.
No law of the United States has declared
the penalty of disfranchisement for participa-
ton in rebellion alone. Nor is it known that
any such law exists In either Of these ten
States. except perhaps Virginia, as to which
State special Instructions will be given.
Z. As to disfranchisement arising from hav-
ing held Office followcdby participation in re-
bellion.
This il the most '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
as follows:
THAT have never been member of any
State legislature, nor held any executive or
judicial Office in any State and alterward en-
gagged in an insrrrection or rebellion against
itc l HittN NlultS, VI SlNtn OT COHlloTI 10
the enemies thereof; that have never taken
an oath as 4 member of Congress ofthe United
States, or as an officer of the United States,
or as member of any State legislature, or as
an executive orjudicial officer of any State to
support the Constitution Of the United States,
and afterwards engaged IN insurrection or
rebellion against the United States, or given
aid or comfort to the enemies thereof"
Two elements must concur in order to dis
qualify person under these clauses: First,
the office and official oath to support the Con-
stitution of the United States: Second, en-
gaging afterwards in rebellion. Both must eX-
ist to work disqualification, and must happen
in the order of time mentioned.
a person who has held an Office and taken
the oath to support the Federal Constitution
and has not afterwards engaged in rebellion,
is not disqualified. So too, a person who has
engaged in rebellion, but has not heretofore
held an Office and taken that oath, is not dis
qualified,
s. Officers ofthe United States,
As to these the language Is without limita-
ton. The person who at any time prior to
the rebellion held any office, civil or military,
under the United States, and has taken an Of
fetal oath to support the Constitution of the
United States, is subject to disqualification.
o. Military officers of any State, prior to the
reDelllon, are not SUBJECT 10 ulsQua1lHcaIlO1.
10. Municipal ofcers-thati is to say, officers
of incorporated cities. towns and villages,
such as mayors, aldermen, town council, po-
lice and other city or town officers, are not
subject to disqualification.
II. Persons who have prior to the rebellion,
been members of the Congress Of the United
States, or members of a State legislature, are
subject to disqualification. But those who
haye been members of Conventions framing
or amending the Constitution Ola State, prior
to the rebellion, are not subject to disqualifi-
cation.
II. All the executive or judicial officers Of
any State who took an oath to support the
Constitution of the United States, are subject
to disquaiilcaton,an In these include coun-
ty officers, as to whom lmade a reservation In
the opinion heretofore given.
After full consideration | have arrived at the
conclusions that they are subject to dsqdalif-
cation ii they were required to take as part
of their official oath, the oath to support the
Constitution Of the United States.
l3. Persons who exercised mere agencies or
cmployments under State authority, are not
disqualified; such Us commissioners to lay out
roads, commissioners of public works, visitors
of State Institutions, examiners Of banks,
notaries public, commissioners to take ac-
Acknowledgements Of deeds and lawyers,
ENGAGING In REBEIlION,