Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-05-31


change the registry. Persons whose names
are admitted to registration are entitled to
vote, subject to the limitation herein after
mentioned, and none other. This registra-
ton must be completed before the 1st day Of
September, 1867. The functions of the
board as board of registration cannot be
extended beyond that fixed time; but after
that the duties which remain to be performed
by the officers composing this board are lin
tied to holding and experimenting elections
and making the proper returns to the COM
handing general This brings us to the
direct question, Who are entitled to registra-
ton
First. As to citizenship and residence, no
person is entitled to vote who shall not be
resident in the State for one year previous to
the day Of election. 1t is not necessary that
this previous residence for year should ex.
list at the time the person applies for regis
tration A person in all other respects enti-
tied to vote is entitled to registration al
though he has not at that time been a resi-
dent Of the State for full year for we find
in the supplemental act that the oath, as to
residence, does not require the applicant to
swear that he has then been resident for
year, but only requires him to state the
number Of months Of his residence contem-
plating period less than, as we'll as, full
term of twelve months Therefore, as to
such a person so registered, if it happen at
any election subsequently to be held that the
time Of his residence, counting from the day
of election does not cover an entire year, he
cannot vote at such election for this supple
mental act does not, as to residence, change
the provisions of the original act, as it is
expressly provided by it, as to registration,
that it shall include only those who are
qualified to vote by the original act. 10 car
ry out the purposes of the law in this respect,
as to residence, the board of registration
should note opposite to the name Of the per-
son whose residence has not extended to the
full term the exact time of his residence.
AS to citizenship, the qualification stated
in the original act is citizenship Of the State;
but by the first clause, first section, of the
supplemental act, registration is to be made
of male citizens of the United States. AS to
the oath, the applicant is only required to
swear that he is citizen Of the State. am
of the opinion that the phrase citizen Of the
State, as used in the oath, is intended to in
clude only such persons as are citizens Of the
United States and citizens Of the State, and
that an alien who has not been made citi-
zen of the United States cannot safely take
the oath; but as the board of registration
have only the authority to administer the
prescribed oath, they cannot require any
further oath or proof as to citizenship and
if an alien not made citizen of the United
States takes the oath, he takes is at his peril,
and is subject to prosecution for perjury.
Second. AS to age No one is entitled to
registration who is not at least twenty-one
years Of age on the day he applies for regis
tration. In this respect qualification as to age
differs from qualification as to residence. and
the fact that majority must exist at the date
of registration has relation to the day of reg
istration, and not to the day at subsequent
election.
Third. Next, as to disfranchisement. I
shall consider the various clauses Of disfran-
chisement according to the order and division
into sections hereinbefore stated, and first
as to the general clause declaring disfran-
chisement The fifth section Of the original
act denies the right to vote to such as may
be disfranchised for participation in the re-
bellion or for felony at common law. The
words here used Gin the rebellion must be
taken to mean the recent rebellion, but the
supplemental act enlarges the disqualified
ton, and requires the applicant to swear
that he has not been disfranchised for parti-
cipation in any 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 disfranchisement
under these provisions? Whether we consid-
er this disability as arising out Of participa-
ton in rebellion or the commission of a
felony, the mere fact of such participation
or commission of felonious offence does not
Of itself work disfranchisement It must be
ascertained by the judgment Of court or by
legislative act passed by competent author
ity. Disfranchisement for felony committed
against the laws Of State or the United
States, consequent on conviction in the
courts either Of the United States or of a
State, or declared by the laws Of either,
would be fatal under, these acts. I am not
aware of any law Of the United States which
works disfranchisement as to the right of
of suffrage by force of the act itself; nor does
such consequence follow from conviction for
treason, or conspiracy to commit treason, or
for any other act Of participation in rebellion.
The provision in the Constitution of the Uni
States as to treason against the United States
does not declare what shall be the punish
ment on conviction of treason. That is left
for Congress, with the limitation that cor
ruption of blood shall not follow as conse-
quence, nor any forfeiture except during the
life of the party. Congress, in the exercise
of its power, has limited such punishment,
as the consequence of conviction, to the pen
atty of death or Imprisonment, and the man
omission of slaves owned by the party, and
to the disqualification from holding any office
under the United States.
I am not advised of any statute now in
force in either Of these ten States except,
" r.