The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-30

| to place, must in measure accommodate its
action to circumstances and consider many
4 things as rightfully done; which, in a mere
instruction, would have no color of legality
This principal is recognized by all civilizee
nations, has been especially enforced IN En-
gland by statute and by the decisions OF
of Courts as early as the reign of Henry the
VII. Obedience to the lie tiacto government
established under an usurping monarch, has
been held not to involve subject i'll the
guilt of treason to the lawful King. Giving
due weight to these well established princi-
piles, 1 proceed with the inquiry
am of opinion that some direct overt act
done with the intent to further the rebellion
is necessary to bring the party within the
purview and meaning of this law. Merely
sentiments or expressions are not sufnclcnt.
The person applying for registration is not
required to clear himself from the faint OF
disloyalty. The meaning of Congress here
becomes vet more evident, when we look at
the last clause of the prescribed oath. He
is required to swear that he "will faithfully
support the Constitution, and obey the laws
of the United States, and will, to the best OF
his ability, encourage others so to do" This
part of the oath is not explanatory, but pro-
miscuous. 1t leads to the future and to the
past, and the purpose is manifest to omit, as
to the right to vote, the qualification for the
right to exercise Office Mere acts of COM
mon humanity and charity cannot be con-
sidered as involving the party in partlclpa-
ton in the rebellion. So, too, as to forced
contributions by the rebel authorities, or the
compulsory payment OF taxes IN aid OF the
rebel cause. Voluntary contributions in fur
therance of the rebellion or subscriptions to
the rebel loans, and even organized contri-
buttons of food and clothing or necessary
supplies, except of q strictly sanitary char
acter, are to be classed with acts which dis
qualify.
The original act contains no provision as
to the manner and time for holding elections
of delegates to the Convention, or the rati-
ticatlon of the Constitution framed by that
Convention. or for other purposes. The first
section of the supplemental 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 Ell
fected. The commanding General is dlrec-
ted to appoint as many boards OF Reglstra-
ton as may he necessary, consisting OF three
90 loyal officers or persons, to make and
complete the registration, superintend and
make return to him of the votes, the list OF
voters and of persons elected as delegates by
a plurality of votes cast at said election, and,
upon receiving the returns, he shall open the
same, ascertain the persons elected as dele
gates, according to the returns OF the officers
who conducted said election, and make proc
lamation thereof; and if majority OF votes
given on that question shall be for Conven-
no
days from the date of election, shall notify
the delegates to assemble in Convention at Il
time and place to be mentioned in the proc
lamation, and said Convention, when organ
lied, shall proceed to form a Constitution
and civil government according to the pro-
visions of this act and the act to which it is
supplementary; and when the same shall
have been so framed, said Constitution shall
be submitted by the Convention for ratifica-
ton to the persons registered under the pro-
visions of this act, at an election to be con-
Quoted by officers appointed or to he appoin-
ted by the commanding General as herein
before provided, and to lie held after the ex
piration of thirty days from the date of no.
tice thereof, to be given by SAID Convention,
and the returns thereof shall be made to the
officer of the District"
The sixth section provides that all cleo
tions in the States mentioned in the said act
to provide for the more efficient government
of the rebel States, shall, during the opera
ton of said act, be by ballot, and all officers
making said registration of voters, and con-
Quoting said elections, shall, before entering
upon the discharge of their duties, take and
subscribe the oath prescribed by the act APP
proved July End, 1862, entitled g an act to
prescribe an 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 convic-
ted, shall be subject to the pains, penalties
and disabilities which by law are provided
for the punishment of wilful and corrupt
perjury.
The only oaths prescribed by this act are
the oaths to be taken by the person apply
ing for registration and the oath to be taken
by the persons composing the board of regis
tration. The duties of the board are, first,
to make and complete the registration and
to superintend the elections. The first ques-
ton is as to the duties and powers of the
board in making and completing the regis
tration. The first section provides that the
commanding General shall cause registra-
ton to be made of the. male citizens of the
United States twentyone years of age and
upwards, resident in each county or parish
in the State or States included in his District,
which registration shall include only those
persons who are qualified to vote for dele
gates by the act aforesaid, and who shall
have taken AND subscribed to the following
oath or affirmation. By this oath, the per
sons applying for registration must swear
or affirm to every qualification provided tor
by the original act. The first question which
appears here is whether any other oath can
be required of the person applying for regis
tration. Nor can any other oath be admin
istered to any other person or persons, touch
ing the qualifications of the applicants, by
the board of Registration. The last clause
of this first section provides as follows:
(Which oath or affirmation may be admin
istered by any registering officer" The oath
here referred to is the oath to be taken by
the person applying for registration. 1 have
very carefully examined all the provisions
of this act, and can find no authority for
any other oath to be taken by any one
touching the qualifications of the applicant
for registration, but only this oath. 1 am
clearly of opinion that any other oath,
touching the qualifications of the applicant,
would be extra judicial and without autbori-
ty, and that forswearing could not be argued
as perpetrated upon such unauthorized oath,
especially as the proviso to the 9th section
above quoted, which declares what false
swearing shall amount to perjury, is express