The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-06-05

.Oldte IOT OllC yCui PAVVlOuo W IuO Noy "a
election. 1t is not necessary that this previ-
Gus residence for year should exist at the
time person applies for registration. A
person, in all other respects entitled to vote,
is entitled to registration, although he has
not at that time been resident of the State
for full year. for we find in the supplemental
act that the oath as to residence does not re-
ouire the applicant to swear that he has
then been resident for year, but only re-
ouires him to state the number OF months of
his residence, contemplating period less
than as well as a full term of twelve months.
Therefore, as to such person so register
ed, if it happen at any election subsequently
TO be held, that the time of his residence in
the country from the day of election does
not cover an entire year, he cannot vote at
such election, for this supplemental 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.
To carry out the purposes OF the law in
this respect, as to residence, the board OF
registration should note opposite the name
of the person whose residence has not ex-
tended to full term of the exact of time of
his residence, as to citizenship. The quail
fication stated in the original act is citizen
ship of the State; but by the first clause,
first section, in the supplemental act, regis
tration is to be made of the male citizens OF
the United States, and as to the oath, the
applicant is only required to swear that he
is citizen ofthe State.
am of opinion that the phrase "citizen
of the State" as used in the oath, is intended
to include only such persons as are citizens
of the United States and of the State, and
that an alien who has not been made citi-
zen of the United States can not safely take
the oath, but as the board of registration
have only authority to administer the pre-
scribed oath, they cannot require any fur
ther oath or proof as to citizenship, and if
an alien, not made a citizen of the United
States takes the oath, he takes it at his peril
and is subject to prosecution for perjury.
II. AS to age. No one is entitled to reg
lister who is not at least twenty-one years of
age on the day he applies for registration.
In this respect the qualification as to age
differs fram the qualification as to the resi-
dence and the fact that the majority must
exist at the date of registration. has relation
to the day of registration and not to the day
of subsequent election.
Ill Next, as to disfranchisement. shall
consider various clauses of disfranchisement
according to the order and division into
sections herein before stated, and First: As
to the general clause declaring disfranchise-
ment, the fifth section of the original act de-
mics the right to vote "such as may be dis
franchised for participation in the rebellion
or for felony at common law" The words
here used, ain the rebellion" must be taken
to mean the recent rebellion, but the sup
Elemental act enlarges the disqualification
and requires the applicant to swear that he
has not been disfranchised for participation
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 disfranchise-
ment under these provisions2
Whether we consider this disability as
arising out of participation in a rebellion or
commission of felony, the mere fact ofsuch
participation or commission of felonious
Offense does not of itself work disfranchise.
ment. 1t must be ascertained by the judg.
ment of the court or legislative act passed
by the competent authority. Distranchise
ment for felony committed against the laws
of State or United States consequent on a
conviction in the courts, either of the United
States or of a State OF declared by the laws
of either, would be fatal under these acts.
am not aware of any law of the United
States which works disfraLchlsement as tc
the right ofsuffrage by force of the act itself
nor does such consequence follow from con
,at1 for froo -
treason, or for any other act of participation
in the rebellion. The provision in the Con
stitution of the United States as to Treason
against the United States, does not declare
what shall be punishment on conviction o
treason. That is left for Congress- with tn,
limitation that corruption of blood shall no
follow as consequence or any forfeitur,
except during the life of party. Congress
in the exercise of its power to declare pun
ishment, has limited such punishment as ,
consequence of conviction of the penalty o
death or imprisonment and manumission o
slaves owned by the party and to disquaifi
cation from holding any Office under tn
United States. l am not advised of an,
statute now in force in either of these tel
States except perhaps Virginia, which de
clares disfranchisement as to the right O
suffrage by force of the act itself.
The fourth and fifth section may be con
sidered together. The party applying for rec
istration must swear that have never bee
member of any State legislature nor hell
any executive or judicial office in any Stat
and afterwards engaged in instruction o
rebellion against the United States, or give
aid and comfort to the enemies thereof tina
have never taken an oath as member q
the Congress of the United States, as mem
Der OF any State legislature, or as an executiv
or Judicial officer of any State to support tn
Constitution of the United States and after
wards engaged in insurrection or rebellio
against the United States or given aid an
comfort to the enemies thereto" Thes
clauses OF the oath in effect extend disfrar
chisement beyond the provisions of the orig
lnal act and the prior clauses of the oath il
self in the important particular that neithe
conviction nor judgment of the court, no
an express legislative enactment is require
to establish the fact of disfranchisement.
In legal parlance disfranchisement unde
these clauses of the oath results from matter
IN fact. But in one respect these clause
limit the generality of the original act as t
Acknowledgement. The original act conten
plates dlsfranchisement under these clause:
1t does not arise from participation in tn
rebellion alone, but other elements must cor
cur. That is to say, holding certain office
or taking an official oath by certain officer
afterwards participating IN the rebellion an,
against the United States.
The consideration of these two clause
leads to two distinct subjects matter of en-
quiry. First, what officer or officers ar
comprehended. Second, what acts amour
to engaging in Instruction or rebellio
against the United States or giving aid Q
comfort to the enemies thereof.