The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-04

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as to forced contributions by the rebel authori-
ties. or the compulsory payment of taxes in aid
of the rebel cause. Voluntary contributions in
fnrtherance of the rebellion subscriptions to
the rebel loans. and even organized contributions
of food and clothing or necessary supplies, ex-
cept of strictly sanitary character, are to be
classed with acts which disquafy.
The original act contains no provision as to
the manner and time for holding elections of dele
gates to the Convention. or the ratification of the
Constituton framed by that Convention for
other purposes. The first section of the supple
mental act provides that a registration OF 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 eff
fected. The commanding General is dire cted to
..appoint many boards of Registration as may
he necessary, consisting of three (3) loyal Off
GERS or persons, to make and complete the regis
tration, superntend and make return to him of
the votes, the list of voters and of persons elected
as delegates by plurality of votes cast at said
election. and. upon receiving the returns. he shall
upon the same, ascertain the persons elected as
delegates. according to the returns of the officers
who conducted said election and make procla-
nation thereof; and if majority of votes given
on that question shall be for a Convention. the
commanding General, within 60 days from the
date of election. shall notify the delegates to as
semble in Convention at a time and place to be
mentioned in the notification and said Conven-
ton, when organized, shall proceed to form
Constitution and civil government according to
the provisions of this and the act to which it
is supplementary; and when the same shall have
been SO framed said Constitution shall be sub
mtted by the Convention for ratification to the
persons registered under the provisions of this
act at an election to be conducted by officers
appointed or to be appointed by the commanding
General as hereinbefore provided, and to be held
ffarf ho nnffh rfu 1au from tha data
of notice thereof, to be given by said Convention,
| aud the return thereof shall be made to the COM
handing officer of the District"
The sixth section provides that all elections in
the States mentioned in the said act to provide
for the more efficient government of the rebel
States, shall during the operation of said act be
by ballot, and all officers making said registration
of voters, and conducting said elections, shall be-
fore entering upon the discharge of their du.ies,
| take and subscribe the oath prescribed by the act
approved July End, 1862, entitled ian act to pre-
scribe oath of Office" provided that if any person
shall knowingly and falsely take any oath, in this
| act prescribed, such person so offending, and being
thereof duly convicted shall be subject the pains,
penalties and disabilities which by law are provi-
ded for the punishment of wilful and corrupt per-
| jury.
The only oath prescribed by this act are the oath
ITO be taken BY the person applying for registration
and the oath % 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 is
rs to the duties and powers of the board in ma king
and completing the registration. The first section
provides that the commanding General shall cause
registration to be made of the male citizens of the
United States twen.y-one years of age and upwards,
res ident in each county parish in the State or
States included in his District, which registration
| sha II include only those persons who qualified
to vote for delegates by the act aforesaid, and who
shall have taken and subscribed to the following
naf n al 6rnQ tim Rv III fbo
plying for registration must swear affirm every
qualification provided for by the original act. The
first question which appears bere is whether any
other oath can be required of the person applying
for registration. Nor can any other oath be ad-
ministered to any other person persons touching
the qualifications of the applicants by the Board OF
| Registration. The last clause of this first section
provides follows: (Which oath or affirmation may
be administered by any registering officer" The
oath here referred to the oath to be taken by the
person applying for registration. have very care
fully examined all the pro lions Of this act, and
can find no Authority fo my other oath to be taken
by any one touching the qualifications of the app-
cant for registration, but only this OATH am clear
| ly of opinion that any other oath, touching the
qualifications of the applicant, would be exra-udi
cial and without authority, and that forswearing
could not be argued as perpetrated upon such un-
authorized oath, especially the proviso to the 9Th
section above quoted, which declare what false
swearing shall amount to perjury, is expressly limi
| tied to the oath in this act prescribed.
In arriyi ing 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 were qualified to vote fol
delegates by the act aforesaid aud who shall have
taken and subscribed to the following oath afr.
nation If we read these words by themselves
without regard to the above provisions of the act
the impression is made that two things must concur
to authorize the registration of the applicant: First
that ne actually possesses the qualifications requir
ed by the original act and, second, that he is re-
qured by this oath to swear to every one of these
qualifications, and that authority is given to
enter upon any other inquiry to his qualifications
or to administer any other oath to him any oath to
any other person touching his qualifications, and
that this oath, and this oath alone, is coupled with
perjury 1t is impossible to resist the construction
that the oath itself is the sole and only test of the
qualifications of the applicant. Where, 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 take:
| that, his name must go upon the registry. The
board cannot enter upon the inquiry who has sw orr
truly or falsely. That inquiry must be reserved tt
the Court, which may afterwards have jurisdiction
| to try him on an indictment for perjury.
Next to the duties of the board after the registra
ton is completed they are to superintend the cleo
ton and make return of the votes list of
of the persons elected TO the commanding General
1t is very clear, from these provisions, that in
perntending these elections the duty of the board il
to receive the votes of the persons whose names
upon the registration and to reject all others
There is no provision anywhere to surcharge, o.
faisify, or to add single to the registration
or to erase single name which appears upon it,
HENRY STANBERY,
Attorney General.
A GREAT SURGICAL OpERATIoN.-Dr. John
son, of Paris, an American, recently performed
difficult operation, in connection with anothe