Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-21

| be approved by the commanding general, anC
| only in cases where il affects the life of the &C
cused that it needs also the approval OF the Pres
/ dent.
Assto crimes or offences against the laws of the
United States, the military authority can take nc
cognizance Of Them nor in any way interfere witt
the regular administration OF justice by the APP
| propriate Federal courts.
In the opinion heretofore given upon other ques-
tons arising under these laws gave at large for
your consideration the grounds upon which my
conclusions we're arrived at intending thereafter
to state these conclusions III concise ard clear
| summary. s I now propose to execute.that purpose
which is made especially necessary from the con-
fusion and doubts when have arisen upon that
opinion in the public mind, caused ID part by the
errors of the telegraph and the press in its Dubl-
ca ion and in part by the inaptltude Of the gene
raj reader to follow carefully the successive and
dependent steps Of a protiac:e ed legal opinion.
SUMMARY.
ENTITLED 10 REGISTRATION.
l. The oath prescribed Ill the supplemental act
defines all the qualification required and every
person Who can take the oath is entitled to have
his name entered upon the list ofvOters.
=. The board Of registration have no authority
to administer any other oath TO the persons APP
plying for registration than this prescribed oath
to administer any oath to any person touch
ing the qualifications OF the applicant the fall
sity of the oath so taken by hun. The act, to
guard against falaity in the OATH provides that
If false, the person taking it shall be tried and
punished for perjury.
No provision is made for challenging the quail
fcatiOnS OF the applicant, or entering upon any
trial or investigation Of his qualifications, either
by witnesses or any other fora Of proof
8. as to citizenship 0ad residence.
The applicant for registration must be d citi-
zen 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 Il period less than twelve
months at the time he applies for registration
bat he cannot vote at any election unless his cit
izenship has then extended to the full term of one
year. As to such person the exact length of his
citizenship should be noted opposite his name on
the list, so that it may appear the day Of cleo
tion upon reference to the list, whether the full
term has then been accomplished
4. An unnaturailzed person cannot take this
oath, but alien who has been naturalized can
take it, and no other proof Of naturalization can
be required from him.
). No one who is not twcnty-one years of age at
the time OF reg istratiOn take the oath, for he
must swear that he has then attained that age.
6. No who has been DISTINGUISHED for parti-
ciFation in any rebellion against the United States,
or for felony committed against the laws of any
Sta or OF the United States, can safely take this
oath.
The actual participation in Il rebellion or the
actual commission of felony, does hot amount
to disfranchisement The sort OF di5franchise-
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 linn for the crime.
No law Of the United States has declared the
penalty OF acknowledgements tor participation
III the REBELLION alone. Nor is it known that aHy
such law exists III either Of these ten States except
perhaps NirgiEia to which state special in
structlons viii be given
7. As to di%tT0ltcitiSeIlet arising from HdUitq
he'd office fOUO1red by participation IN yebeLiOn
This is the most important part of the oath, and
requires strict attention 70 arrive st its meaning
| deem it proper to give the exact words. The
applicant must swear or affirm rs follows:
"That have never been a member of any
State Legislature, nor held any executive or judi
cal office in amy State, and afterwards engaged in
all instruction or rebellion against the United
States, or given aid or comfort to tie enemies
thereof; that have never taken oath as
member of Congress OF the United States, or as
an officer of the United States, Or as member of
any State Legislature, Or as executive or judi
cial officer Of any State, to support the ConstittI
ton Of the United States and afterwards engage
n insurrectiOn rebellion against the United
States, or given aid or comfort to the enemies |
shereOf
Two elements must concur in order to dsqual-
fly person under these clauses: First the Of |
ice and Official oath to support the Constitution
If the United States second, engaging after |
wards in rebellion. Both must exist TO work dis
qualification, and must happen IN the order of
lime mentioned.
A person who has held an Office and taken the |
oath to support the Federal Constitution and has |
not afterwards engaged in rebellion is not dis |
qualified. So, too, person who has engaged in
ebelion, but has not heretofore held an office
md taken that oath, is not disqualified
s. offers QfHte JltiteI states.
As to these the language is without limitation The
crsOn who has at any time prior to the rebellion held
ny office, civil or military under the United States
nj Is taken an Official oath to support the COnst
9. N1t11iciDal QcS OF any State prior to the rebel
ION, are not subject to disqualification
10. Hunicpa1 QUCe7S that is to say officers of mcor
GRATED cities towns, and Villages such as mayors, al
ermen, town council, police, and other city or town
Ulcers are subject to disqualification.
IL. Persons who have, prior to the rebellion, been
lcmbers of the Congress Of the United States mem
els OF State Legislature, subject disquauica-
on But those who have been members of COnyen-
IONS framing or amending the constitution OF State |
ror to the rebellion, notsuheCSto disqualification.
Il. All the executive or judicial officers of any State
Tho took an oath to support the Constitution of the
nltCd States are subject to disqualification, and in
lese include county officers as to whom made
in the opinion heretofore given After full
have arrived ut the conclusion that they
re subject to dsqIhGafIon II they We're required TO
IKE part of their official OATH the oath to support
te COjtSttlttjOn GfNe Etlded States.
Is. Persons who exercised mere agencies or employ
lents under State authority, not disqualified such
5 commissioners to lay out roads, commissioners OF
ubc sworks, visitors of State institutions, directors of
anks nOtaries public, commissioners to take acknoW
edgemcntS Of deeds, and lawyers.
ENGAGING IN REBELLION.
Having specified what offices held by any one prior
the rebellion come within the meaning of the law, it
necessary next to set forth what subsequent conduct
Xes upon such person the offence of engaging i'll re-
elton. repeat that two things must exist as to any
ed prior to The rebellion, and afterwards particpa-
on in the rebellion.
II. An act to fix upon person the offence Of engag
~ in rebellion under this law must be an overt and
OuntarJ act, done with the intent of aiding further
10 the common unlawful purpose. \ person forced
ITO the rebel service by conscrptlon or under para
loun authority which he could not safely disObey and
Tho would not have entered such service left to
exercise OF his Will, cannot be held to be dis
uatied from voting.
II. Mere acts Of charity, where the intent is to relieve
wants of the object Of such charity and not done in
id of the cause i'll which he may have been engaged,
o not diSQUay. But organized contributions of food
nd clothing for the general relief of persons engaged
the rebellion, and not OF merely sanitary character,
contributed to enable them to perform their unlaW
IL object may be claSsed with acts which do disqualiy.
Forced contributions to the rebel cause in the form
/ taxes or military assessments Which person may |
c compelled to pay contribute do not diSqualty.
n tho
UGH indirect contributions arise from the voluntary
IAN of money to rebel authorities, purchase of bonds
securities created to afford the means of carrying
nc rebellion, will work disqualification.
IL. All those WHO, i'll Legislative other official Capa
ity were engaged in the iurtherance of the common
Unlawful purpose, where the duties of the office ne
eSSary had relation TO the support OF the rebellion,
UGH members Of the rebel conventions congresses,
nd legislatures, diplomatic agents of the rebel Con-
1deracy, and other officials whose Offices created
y the purpose of more ellectualy carrying on HOSTILE
les or whose duties appertane0 to the support of the
ebal cause must be held to be disqualified.
But officers who, during the rebellion, discharged
tCal duties not incident TO war, but only such duties
S belong even to State of peace and necessary
the preservation Of order and the administration OF
lW not to be.COnsdered as thereby engaging in
eheiDn or as disqualified DislOyal sentiments Opi2-
)ns, Sympathies WOulG hot disqualfy, but where
erSOn has by speech or hy writing, melted others TO
ngage III rebellion, he must come under the diSquali
alton.
II. The duties 0fte board appointed to Sltpei1a END
he elections.