The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-29

i
4 the disdualificatioii fronf tho Fight to exer.
else Office. Mere eeacts of conahonshumani-
ty and charity cannot be cp1sidcred as m
volvingth party ill participation in tie
rebcllion. So,StoO, are forced ,contribat-
tions by the rebel authdritice, or fhe com
| bellious cause. 1t would involve the per-
son, and it must work disqualification
under this law. Voluntary contributions
in furthcrance of the rebel loans, and their
organized contributions OF food or clothing,
or necessary supplies, except of q strictly
sanitary character, arc to 30 classed with
acts which disqualify.
The BOARD OF REGISTRATION.-Thc ORR
| ginal Act contains no provision as to the
-manpcc and time OF holding ap election Of
OF II constitution framed by that convcn-
| tion, or for other purposes: The. first sec
| ton of the supplemental Act provides that
| registration of voters shall be made be-
fore the let of September, 1867. The fourth
| and subsequent sections provide fOr the
means by which this registration is to he
effected The commanding general is N-
| rected to appoint as many boards of cegis-
! tration IS may be necessary, consisting Of
| .hrec loyal officers or persons, to make and
complete the registration, superintend the
election, and make return to him of votes,
| lists of voters, and Of persons elected as
delegates by ~ plurality of votes cast 1T
! said election; and dMpon receiving said re-
| turns, he shall open the same, ascertain
tho persons elected as delegates, inspect
| the returns of the officers who conducted
| said election, make proclamation thereof,
and If majority ofvotcs given on that
question shall bo for a convention, tho
commanding general, within sixty days
from date of election, shall notify the dele
gates to assemble in convention at a time
and place to be mentioned in the notifica-
ton; and said convention, when organ
Hed, shall proceed to frame q constitution
and civil government according to the pro-
visions of this Act aud the Act to which it
is supplementary; and when the same
shall have been SO framed, said cohstitu.
ton shall be submitted by the convention,
for ratification, tn the persons registered
under tho provisions of this Act, at an
election SO DO conducted by officers or per-
sons appointed, or To be appointed, by the
commanding general, as ioreinbcforo pro-
vidod, and to be held after the cxpira ton
OF thirty days from date of notice thereof,
to bo given by said convention; and re-
turns thereof shall be made to tho COM
manding general OF the district. The sixth
lection provides th0t all elections in the
.atos mentioned i'll said ~Act to provide
ior the more efficient government of the
| rcbcl States" shall. during the operation
of said Act, be by ballot, and ali officers
making said registration OF voters, and
conducting said elections, shall, before
entering upoiithc DISCHARGE of tleir ,lu-
scrbed by the. Act approved July 2, lsG2,
entitled An Act to.prescribe IN oath of
oilice;' provided, thatif any person shall
knowingly and fnlnely take apy oath in THE
Act prescribed, such person, on con,ic-
ton, shall be subject to the pains, penal
!, ties and disabilities which, by law are
providGl Tor the punishment OF NilIul and
corrupt perjury.
! Ihe ioply oatl., prescribed by this Ac;
arc the naths to bc taken by the person
I ~ alNs F.k,. a
be taken by tho persons composing the
board OF registration The duties OF the
board are, first, to make and complete tho
registration aud to supcrintcnd the cleo
tons. Ihe irst question is as to the
duties and powers Of The board in making
and completing the registration. The first
section provides that tho commanding
general shall cause u registration TO be
made of the male citizens OF the CnitcJ
States iwonty-onc years Of age and up
wards, resident III each County on Parish
III tho State OF states included in his dis
trict, which regis ration shall include only
I thoso persons who are qualified to vote
for delegates ~ the Act aforesaid, and
who shall have taken the following oath
or aiirmation. I;y this oath, the person
applying Tor Registration must swear or
affirm to ever qualification provided for.
by the original Act. The iirst question
which arists hero ie whether any other
oath cal be required OF the person apply
! ing ior registration, or any oath can be
| administered to any other person or per-
sons touching the qualifications of the
applicants by the board of rcgistration
The last clause of the first section pro-
vides as follows: (Which oath or atirma-
ton may be administered by any register
ing officer" The oath here referred 10 is
the oath to be taken by the person apply
ing for registration. l have very carefully
examined all tho 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 registra-
| tion, but only this oath. am clearly OF
opinion that any other oath touching tho
! qna!uications of the applicant would be
extra judicial and without authority, and
that false swearing could not be assigned
as perjury upon such unauthorized oath
especially as tho proviso to tho sixth sec
tlon, above quoted, which declares what
false swearing shall amount to perjury. is
expressly limited TO ''any oath in this Act
| prescribed"
On arriving at this conclusion, I have
given due weight to that part of the first
section of the Act which declares that ;he
registration shall include only those per-
sons who "arc qualified to vote for dele
| gates by the aforesaid" and who ''shall
have taken the following oath" If We
read those words by themselves without
regard to the other provisions of the Act, l.,
the impression is made that two things
must occur to authorize the registration
OF the applicant: First-That he actually
possesses the qualifications required by
the original Act, and find that nc is re-
| qdired by this oath to swear to every one
| OF these qualifications, and that no author