Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15

HN Nl'AAN " "N'N'N'' l'''' wv N'''NN 50
the election of delegates, the regis,
tcrcd voters shall vote for oragainst
convention.
The fourth section provides for
IN election to ratiiy tho constitution
that may bo framed by the ,Anie-
gates, and the right 10 vote ut this
election is confined to persons reg
istcrcd.
The sixth section provides that all
elections in States mentioned in said
original act shall, during the opera.
ton Of such act, be by ballot, and
all officers making said registration
Of voters and conducting said cleo.
tions shall, before entering upon
the discharge of their duties, take
an oath prescribed by the act Of
July ., 1867, entitled IN act to pro.
scribe an oath of oAlcc. The first
consideration which requires my
attention upon the question as to
the right to vote arises upon the
registration of voters. Question of
qualification or disqualification is
fixed by registration. No power is
given to any other board or any
other authority after registration is
completed to- o'changc registry. Per-
sons whose names are admitted to
registration are entitled, subject to
the limitation hereinafter mention
cd, and none others, This rcgistra-
ton must be completed before the
first day of September, 1867. The
functions Of the board as Il Board Of
Registration will not be extended
beyond that fixed time, but after
that time the duties which romGin
to be performed by the officers
composing this board are limited to
holding and experimenting cleo
tions and making proper returns
to commanding Generals. This
brings us to the direct question /;
Who arc entitled to registration?
First as to citizenship and resi-
dcnce. No person is entitled to
vote who shall not be resident in
the State one year prcyious to the
day of election.
1t is not necessary that this pre-
vious residence for a year should
apply for registration. a person in
all other respects entitled tD vote is
entitled to registration, although he
has not been at that time resident
of the State for the full year, for wo
find in the supplemental act that the
oath as to residence does not require
the applicant to swear that he has
been a resident for year, but only
requires him to state the number Of
months Of his residence, contcmpla-
ting period less than Il term Of
twelve months. Therefore, rs to
such persons so registered, ifit hap
pei at any election subsequently to
be Held, that time Of his residence,
counting from the day of election,
does not cover an entire y%ar, he
cannot vote at such election, for this
supplemental act docs not, us to res
idenco, change the provisions Of the
original act, as it is expressly pro-
vided by it, as to registration, that
it shall include only those who are
qualified to vote by original act, to
carry out purposes of law in this
respect, as to residence and as to
citizenship. The qualification
stated in the original act is citizon-
ship of State; but by first clause,
first section, in the supplemental
act, registration is to be made Of
male citizens of the United States !;
and as to oath, the applicant is only
required to swear that he is a citi-
zen of the State am of opinion
that the phrase citizen Of the State,
as used in oath, is intended to in
clude such persons as are citizens of
State, and Chat an alien who has
not been made citizen Of the Uni
ted States connot safely take the
oath. but as the Board of Rcgistra-
ton have only authority to admin
ister the prescribed oath, they can
not require any further proof or
oath as to citizenship; and fan
alien not q citizen of the United
States takes the oath, he takes it at
his peril, and is subject to prosccu-
ton for perjury.
Second, as to age. No one is en-
titled TO registration in this respect:
Qualification us to age differs
from qualification as to residence,
and the fact that majority must eX-
list ut the date Of registration has
relation TO the day of registration,
and not to the day of subsequent
election.
Third, as TO Acknowledgement, l
shall consider various clauses ofdis-
iranchisement, according TO the or
der and division into sections here
inbcfore stated. And first, as to
the general clause declaring dis
franchiscment. The fifth section OF
the original act denies the right TO
vote to such as may be disfranchised
for participation in rebellion, or for
felony at common law. The words
sin the rebellion" must be taken to
mean recent rebellion; bnt
the supplemental act enlarged the
disqualification and requires the ap-
plicant TO swear that he has not
been disfranchised for" participation
in anv rebellion or civil war against
the United States, nor for felony
committed against the laws of any
State or the United States. What
then. works a dislranchiscmcnt un-
der these prOyisions2 Whether VIC
consider this disability rs arising
from participation in rebellion OF
commission OF felony, the mere fact
Of such participation or commission
of felonious offence, does mol o.
itself work disfranchisemcnt. II
mcst be ascertained by judgment o
court or legislative act passed by
competent authority. Disfranchise
nent for felony committed agains'