The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-07
WHO CAN REGISTER J

WHO CAN REGISTER
From the passage of the first Reconstruction
Act in March last, down to the present time,
we have again and again endeavored tc
familiarize our readers with the nature and
provisions of the several Acts of Congress bear
ing on Reconstruction. But it would appear
We have failed in our endeavor: for we hear
almost daily of persons whose ideas on the
subject are hopelessly and most uncomfortably
confused Some there are who believe that nc
one can register who has "aided and abetteu
the rebellion;'' others are of the opinion
that the siron-cad'' oath must be taken by
every one who proposes to register. THESE
and other misconceptions appear to prevail
much more widely than we could have thought
after the repeated publication of the laws on
the subject, with the exposition that has been
repeatedly given in all the public prints II
is TO be accounted for in the fact that, when
this information was published, many felt no
immediate interest in the matter, registration
being then far off; and now, when the time Tor
the application of these laws has come, many
are ignorant of their nature.
We republish, therefore, on our 18th page
this morning, the several Acts passed by Con-
gress having in view the restoration of the ten
Southern States to the Union. They are: l..
The Act of March ., 1867. .. The Act sup
Elementary thereto, passed March %, 1861.
3. The Second Supplemental Act, passed July
10, 1867; and 4th, the (HowARD) Amendment
proposed to be added to the Constitution of the
United States.
These documents, together with General
Orders No. 65, from the headquarters of the
Second Military District, containing the
.sRegulations for Registration" embrace the
entire body of legislation on the subject; and
we would advise our readers to lay by this
copy of the News for reference.
And now we will briefly consider who,
according to these Acts, is entitled TO the
privilege of registration:
|. All colored men twenty-one years old,
who have resided in the State one year next
preceding the date of registration.
9. All white men, native and resident here,
who have attained the age of twenty -one years,
since the close of the war.
s. All men, whether they were engaged in
rebellion against the United States or not;
proraled they did not before the war hold any
office under the United States Government, or
held any s'civil office created by law for the
of any general law of State, or
for the administration of justice"
WHO ARE DIsFnANCuIsED?
All men who have either borne arms against
the United States, or "aided and abetted in the
rebellion, after having (at any previous period
of their livcs) taken an oath as member OF
Congress, or as an officer Of the United States,
or as a member of any State Legislature, or as
IN executive or judicial officer of any State, to
support the Constitution Of the United States,
ire disfranchised. This is according to the
first Reconstruction Act, and this clause is
based upon section 3l Of the proposed Consti-
utional Amendment The second Act contains
,othing on this head.
The 3d. however, passed at the July session,
n section 9th, enacts 'that the true intent and
meaning of the oath prescribed in said Supple
nentary Act is (among other things) that no
person who has been member Of the Legisa-
ure of any State, or who has held any cxecu-
i've or judicial Office in any State, mhether he
las taken an oath to support the Constitution Of The
United States or not, and whether he was hold
ng office at the commencement of the rebellion
n had held it before, and who was afterwards
Engaged in insurrection or rebellion against the
United States, or given aid or comfort to the
enemies thereof, is entitled to be registered or
o vote; and the words executive or judicial
,ficer in any State in said oath mentioned
hall be construed to include all civil officers
rcated by law for the administration of any
General law of State, or for the adminisra
ion Of justice"
Under this clause, we think, arc comprised
ii officers, of whatever character, Of either
he United States or any of the States, except
ng, perhaps, officers Of the militia. The Dis
rict Commander is clothed with large discre-
ionary power in the construction Of all doubt
ul points in these Acts. We cannot say what
lis decision will be in the case of militia Off
ers, but incline to the belief that in the case
f lawyers also doubtful in the minds Of many,
e will rule that they are not disfranchised,
his we infer from his letter to Senator TRIM
uLL, wherein he set forth what he deemed
roper Interpretation of the clause in question.
Il Article XlV-the Constitutional Amend
nent. As Congress did not legislatc on the
ubicct with sufficient clearness to exclude
oubt, it is fair to suppose that Gen. SIcKLEs,
ihen he has the power TO be his own interprc-
cr, will rule in accordance with the indications
hid down in his letter.
Postmasters, magistrates, notar les public
nd indeed all officers of every grade, we pre-
umc, must be considered disfranchiscd under
he last Act. Judge UNDERWOOD, last week,
hargcd the Grand Jury in Richmond specially
o investigate charges of perjury made against
x-postmasters who have registered.
In the case of several of the officers men
ioned, we know there will still be doubt, and
sc hope that Gen. SIcKLEs will, at an early
late, in n General Order, define, beyond
oubt or pcradvcnturc, who are entitled to
egistcr and who arc not lie is the only
exponent within Tie limits of North
nd South Carolina. An order of this kind is
much needed, and nothing else can set at rest
he anxiety and doubt of the individuals con-
;erned.
EXCELSIOR! EXCELSIOR!