Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-27

REGISTRARS Is true, DIS VIII Uc S0eu ny Ielci-
ence to the circular which we publish be-
low from General SIcKLEs prior to his re-
moval
In many counties men have been exclud-
ed from the privilege of registering be-
cause they were Confederate soldiers, and
in some instances merely for sympathy
with the Confederate cause. 1t will be seen
by the official circulars that while Mayors
of towns and cities, and Constables are eX-
cluded, town COMMISSIONERS and Police are
not excluded Clerks of Courts, Sheriffs
and other o1ftcerS of the State who volun-
tarily engaged in the war or gave aid to
the South, are not allowed to register, but
their assistants and deputies are not eXclud-
ed from this privilege. Officers of the Mill
tia are entitled to register unless they
were employed in the patrol duties of the
State. This exception, we believe, applies
| to South Carolina for no militia officers, as
such were ever thus employed. Patrols
have been appointed by our Courts from
among the citizens and not the militia. 1t
will also be seen that Lawyers and Notaries
Public are not excluded.
We hope such of our citizens as have
been improperly denied the right of regis
tration will make immediate application to
do so, and if it is denied them, let them
forward their grievance, through Colonel
FRANK, to District Headquarters. The
question, involving the future rights OF the
citizen and the destinies of the State, is too
important to be decided by ignorant and
biased partizans, such as generally compose
the Boards throughout this State. Let our
people read this Circular, for its language
can be readily understood by all, and the
Registrars can be made to comply with its
| terms.
The following extract embraces all the
points of interest in the Circular to the cit
liens generally
HEADQUARTERS 2ND MILITARY DISTRICT, /
CHARLESTON, s. c., Aug. 2G, 1867.
| CIRCULAR:
General Instructions to Officers Of Registration,
for their Information IN revising the Lists Of
| Voters.
I. All citizens are entitled to be registered, IN
less disqualified for the acts and offences set forth
/
lished in General Orders No. IS.
| No citizen is disqualified unless, having held
| Office under the United States, or having been
member of the Legislature of any State, or having
held some executive or judicial Office under gen
eral law Of the State, he afterwards engaged in
the rebellion, or gave aid and comfort to persons
| so engaged; unless, by the decree of a cOmpe-
tent judicial tribunal, or by act of Congress,
law of State, he has been disfrsDchised for re-
bellion against the United States, or for felony.
Disqualified persons are of several classes: for
example:
LIST. Any person not twenty-one years of age.
I'd. Any person who has not acquired resi-
dence in the State.
3d. ANY person otherwise qualified by age and
residence, who, having held office under the Uni
ted States, afterwards engaged in rebellion or
gave aid and comfort to their enemies.
| 4th. Any person otherwise qualified by resi-
dence and age, who, haylng been member Of a
Legislature, or having held executive or judicial
office under general law of State, afterwards
engaged in rebellion against the United States, or
! gave aid and comfort to their enemies.
5th. ANY person otherwise qualified by resi-
dence and age, who has been disfranchised by the
sentence of competent judicial tribunal for fel-
Ony.
9Th. Any person otherwise qualified by resi-
dence and age, who has been disfranchised by law;
for example citizen OF Tennessee, dlsfranchlsCd
by the Constitution and laws Of that State for
participation in the rebellion. who has become a
resident of North or South Carolina.
II. citizen not included within either of the
above specified classes although he may have vol
unfairly taken part in the rebellion, qualified
so citizen included within bhe Sd or 4th class,
whose acts in aid OF rebellion were not voluntary,
is qualified.
I In general, officers Of mere municipalities,
towns or villages, not embraced in the Sd and
4th classes of paragraph for example pO-
liceman or member ola town guard appointed by
town city authorities; lCca health officers, weigh
ers, measures AMI inspectors of merchandise and
produce; persons holding populations from civil
officers, such deputy sheritfs and the like
clerks and assistants appointed or employed by
civil officers poundmasters, jailors appointed by
shertts, ETC.. these are not offices created by law
for the administration of general law Of State,
or for the administration of justice.
There are, however, certain municipal or town
officers within the intent and meaning of the Acts
of Congress, and who, by subsequent acts in aid
Of the rebellion, would be disqualified. For ex-
ample, a mayor Of city, or intendant OF town.
who may have been, by virtue of his office, N a
gisrate, having authority by law to hear and de-
termine complaints for petty offences, and to i'm
pose punishment by fine and imprisonment upon
offenders: or to arrest, commit or or hold to bail
persons charged with crime.
| Municipal or town officers, having authority to
enforce mere local ordinances in the nature of pO
lice regulations, for the preservation Of order,
the regulation of trade, and the abatement of nu-
sances, or other strictly corporate matters, are
not within the DISTINGUISHING provisions of the
Act.
The circumstance, nevertheless, that the duties
of all officer were performed within prescribed
locality, for instance, either District County,
Parish, City Or town, does not screen him from the
operation OF the dsqualfying clause, prOUlded his
duties had been prescribed by general law; for
example, Sheriffs of Counties, and Constables of
Towns, fill offices created by law for the admins
tration of general laws of the State.
| Nor is every employment, although held by yir-
tue of law Of the State, and compensated by q
salary fixed by law, and raised by general tax,
an Office; for example, teacher in Public School
or College, supported or endowed by the State;
physicians and attendants employed in State Asy-
lums for the Deaf and Dumb or for Lunatcs, do
not hold offices, although these persons are in the
public service.
Officers of Militia, employed in the execution of
the Patrol Laos, other laws having relation to
the domestic order OF the State and the government
Of the sLaue population therein and who after
wards engaged in the rebellion, are disqualified;
such officers, although military in name, civil
and executive in their duties.
Certain employments, licensed by authority of
State laws, having relation to the administration
of justice, are not offices within the meaning of
the acts; for example, lawyers.
All offices auxiliary to Courts, such as Clerks of
Courts, Masters in Equity, etc, etc, created by
general laws for the administration of justice are
within the meaning of the Acts of Congress.
I A Notary Public, being mere ministerial Off
Ger, and performing no executive or judicial du-
ties is not within the disqualying clauses of the
Acts of Congress.
Local officers, having executive powers and du-
ties defined by general laws, and embraced within
the civil polity of the State, although chosen or
appointed by the people of the vicinage, are dis
qualified, it, after holding such Offices, they volun-