Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-06-07

ture of the rebellion, induced Congress to use
the word "engage'' in the sense of volunta-
ry participation. When an instruction, by
its continuance and power, takes the form OF
a de facto government, and prescribes and
enforces laws over people within it's terrific
ries, individual rights and obligations under
20 an inevitable modification, and the right
full and displaced authority, when it again
comes into place, must, in a measure, accom-
MEDIATE its action to circumstances, and con-
slider many things as rightfully done which,
in mere instruction, would have no color
of legality. This principle is recognized by
all civilized nations; has been especially en-
forced in England by statutes and by the de-
cisions of court as early as the reign Of Hen
ry VIII. Obedience to the de }scto govern
ment established under usurping monarch
has been held not to involve the subject in
the guilt of treason to the lawful king. Civ
ing due weight to these well established prin-
ciples, | proceed with the inquiry [ am Of
the opinion that some direct overt act, done
with the intent to further the rebellion, is
necessary to bring the party within the pur-
view and meaning Of this law Merely dis
loyal sentiments or expressions are not suffi-
cient. The person applying for registration
is not required to clear himself from the faint
of disloyalty The meaning Of Congress
here becomes yet more evident. When we
look at the last clause Of the prescribed oath
he is required to swear that he will faithfully
support the Constitution and obey the
laws of the United States, and will, to
the best Of his ability, encourage others SO
to do. This part of the oath is not exculpa-
tory, but promissory. Itlooks to the future,
and not to the past; and the purpose is here
manifest to omit, as to the right to vote, the
disqualification from the right to exercise Of
fce Mere acts of common humanity and
charity cannot be considered as involving the
party in participation in the rebellion. So,
too are forced contributions by the rebel au-
thorities, or the compulsory payment of tax
es in aid Of the rebellious cause It would
involve the person, and it must work disqual-
ifcation under this law. Voluntary contri-
buttons in furtherance of the rebel loans and
their organized contributions of food or cloth
ing, or necessary supplies, except of strict
ly sanitary character, are to be classed with
acts which disqualify.
The Board Of Registration.-The origi-
nal act contains no provision as to the man
ner and time of holding an election of dele
gates to a convention, Or ratification Of
constitution framed by that convention, Or
for other purposes. The first section Of
the supplemental act provides that regis
tration Of voters shall be made before the LIST
Of September, 1867. The fourth and sub
sequent sections provide for the means by
which this registration is to be Effected
The commanding general is directed to ap-
point as many boards of registration as may
be necessary, consisting of three loyal Off
GERS or persons, to make and complete the
registration, superintend the election, and
make return to him Of votes, lists of voters,
and of persons elected as delegates by plu-
rality of votes cast at said election; and up
on receiving said returns he shall open the
same, ascertain the persons elected as dele
gates, inspect the returns of the officers who
conducted said election, make proclamation
thereof, and if a majority of votes given on
that question shall be for convention, the
commanding general, within sixty days from
date of election, shall notify the delegates to
assemble in convention at time and place
to be mentioned in the notification; and said
convention, when organized, shall proceed
to frame constitution and civil government
according to the provisions of this act and
the act to which it is supplementary; and
when the same shall have been so framed,
said constitution shall be submitted by the
convention for ratification to the persons
registered under the provisions of this act at
an election to be conducted by officers or
persons appointed or to be appointed by the
commanding general as hereinbefore provi-
ded, and to be held after the expiration of
thirty days from date of notice thereof, to be
given by said convention, and returns there
Of shall be made to the commanding general
of the district. The sixth section provides
that all elections in the States mentioned in
said ''act to provide for the more efficient
government Of the rebel States" shall, du-
ring the operation Of said act be by ballot,
and all officers making said registration Of
voters and conducting said elections shall,
before entering upon the discharge of their
duties, take and subscribe to the oath pre-
scribed by the act approved July 2, 1862.
entitled can act to prescribe an oath of Of
fice;" provided, that if any person shall
knowingly and falsly take any oath in this
act prescribed, such person, on conviction,
shall be subject to the pains, penalties and
disabilities which by law are provided for
the punishment Of Wilful and corrupt per-
jury.
The only oaths prescribed by this act are
the oaths to be taken by the person applying
for registration, and the oath to be taken by
the persons composing the board of registra-
ton. The duties of the board are, first, to
make and complete the registration and to
superintend the elections. The first question
is as to the duties and powers of the board
in making and completing the registration
The first section provides that the command
ing general shall cause a registration to be
made Of the male citizens of the United
States twenty-one years Of age and upwards,
resident in each county or parish in the
State Or States included in his district, which
registration shall include only those persons
who are qualified to vote for delegates by
the act aforesaid, and who "shall have taken
the following oath or affirmation" BY this
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