The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-20

The following is the concluding
portion of Attorney General Stan
berry's opinion in relation to the
Reconstruction Acts, defining S
WHO ARE ENTITLED TO REa1srRATIoN.
| 1. The oath prescribed in the sup
elemental Act defines all the qualifi-
cations required, and every person
who can take the oath is entitled to
have his name entered upon the list
of voters.
2. The board of registration have
no authority to administer any other
oath to tho person applying for re-
gistration than this prescribed oath;
nor to administer any oath to any
other person touching the qualifica-
tions of the applicant, or the falsity
of the oath so taken by him. The
Act, to guard against falsity in the
oath, provides that, if false, the per-
son taking it shall be tried and pun
ished for perjury.
No pro vision is made for challeng-
ing the qualifications of the appli-
cant, or entering upon any trial or
investigation of his qualifications,
either by witnesses or any other
form of proof
3. As 10 citizenship and residence.
The applicant for registration must
be n citizen of the State and of the
United States, and must be resident
of County included in the election
district. He may be registered if he
has been such citizen for n period
less than twelve months at the time
he applies for registration, but he
cannot vote at any election unless
his citizenship has Men extenG Il to
the full term of one year. As tc
such n person, the exact length of his
citizenship should be noted opposite
his name on the list, SO that it 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 naturalized can take it, and no
other proof of naturalization can be
required from him.
8. No one who is not!stwenty-one
years of age at the time of rcgistra-
tion can take the oath, for he must
swear that lie has then attained that
age.
6. No one who has been disfrau-
franchised for participation i'll any
rebellion against the United States,
or for felony committed against the
laws e any State or of the United
States, can safely take this oath.
The actual participation in re-
bellion, or the actual commission of
Il felony, docs not amount to disfrnn-
chisement. The sort Of 1isfranchise-
ment here meant is that which is
declared by law passed by competent
authority, or which has been fixed
upon the criminal by the sentence of
the court which tried him for the
crime.
No law of the United States has
declared the penalty of disfranchise-
ment for participation in the rebel
lion 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.
7. As 10 disfrmchiSemeM arising
from haring held office followed By pa,'-
|
This is the most important part Of
the oath, and requires strict atten-
tion to arrive at its meaning. Ideem
it proper to give the exact words.
The applicant must swear or affirm rs
follows:
"Thnt l have never been member
of any State Legislature, nor held
any executive or judicial Office in any
State, and afterwards engaged in an
lnsurrection or rebellion against the
United States, or given aid or COM
fort to the enemies thereof; that L
have never taken an oath as Il member
of Congress of the United States, oras
Il member of any State Legislature,
or rs an officer of tho United States,
or rs an executive or judicial officer
of any State, to support the Consti-
tuition OF the United States. and
afterwards engaged in insurrection or
rebellion against the United States,
or given aid or comfort to the enc
mics thereof"
Two elements must concur in order
to disqualify person under these
clauses: First, the Office and official
oath to support the Constitution of
the United States; second, cnga gin4
afterwards i'll rebellion. Both must
exist to work disqualification, and
must happen i'll the order OF time
mentioned.
\ person who has held an o.licc