The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-29

| otil. 1HRt nc VIII IaitlIuuy support the
Constitution and obey. the laws of the
United States, and will, TO the beat Of his
ability, encourage others to do 80.
The second section OF this Act provides
that after tho completion OF this registra-
tlcn in any State, and Ifter, at least thirty
days notice Of the time and places which
the commanding general shall appoint and
direct, an election shall bc held for dele
gates to convention; aud a rule is given
TO tx the number OF delegates to be elect
cd, and the apportiOnmcnt of these dele
gates in proper civil sub.divisions, giving
! to each subdivision representation in ratio
of the registered votes.-----.-----. .---.-------
The third section provides that at the
! election for delegates registered voters
| shall vote for or against n convention. ;
| The fourth section provides for an cleo
| tion to ratify tho constitution that may be
framed by the delegates, and the right to
/ vote at this election is confined to persons
| registered.
The sixth section provides that all cleo
tions in the States mentioned in said ori-
Sinal Act shall. during the operations of
such Act, be by ballot; and all officers
making said registration of voters and comt
ducting said elections shall, before enter
ing upon the discharge OF their duties,
! take an oath prescribed by tho Act of July
=, 1862, entitled can Act to prescribe an
, oath Of Office
The first consideration which requires
my attention upon the question as to the
| right to vote arises upon tho registration
OF voters. The question Of qualification or
disqualification is fixed by registration.
No power is given to any other board or
any other authority after registration is
completed to change tho registry. Per-
sons whose names are admitted to regis
tration are entitled to vote, subject to the
limitation hereinafter mentioned, and none
other. This registration must be COM
pleted before the first dav OF September,
1867. The functions OF the board as a
board Of registration cannot be extonded
beyond that fixed time; but after that the
duties which remain to be performed by
ed to holding and experimenting elections
mud making the proper returns to the COM
manding general. This brings us to tho
direct question, who are entitled to regis
tration?
1st. 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 wear
should exist at the time the person applies
for registration. A person in all other re-
spects entitled to vote Is entitled to regis
tration, although he has not at that time
becn resident OF the State for a 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
bccn resident for \ year, but only re-
Qnires him to state the number Of months
OF hin residence, contemplating n period
less than, as well as, n full term Of twelve
months. Therefore, as to such person
go registered. if it happen Mt any election
subsequently to bc held that the time of
his residence, counting from the DAY Of
election, does not cover an cntiro year, he
cannot vote ut such election; for this sup
Elemental Act does not, as to residence,
change the provisions of the original Act,
as it Is expressly provided by it, as to re-
gistratiOn, that it shall include only those
who are qualified to voto by the original
Act. 10 curry ont the purposes Of the
law i'll this respect, as to residence, the
board OF registration should note opposite
to tho name Of the person whose residence
has not extended to the full term the exact
time of his residence.
AZ to citizenship, the qualification stated
in tho original Act ID citizenship nf the
State; but by the frs. clause, first section,
OF the supplemental Act, registration is to
States. AS TO the oath, the applicant is
only required to swear that he is Il citizen
OF the state. am of the opinion that
the phrase citizen OF the State, as used in
the cath, is intended to include only snclr
persons as are citizens Of tho United States
0ad citizens Of the State, and that Ell alien
who has not been made citizen of tn:
United States cannot safely take the III :
but as the board OF registration have oily
the authority to administer the prescl." I'd
oath, they cannot require n,y further oath
or proof as to citizenship; and if an alien
hot made citizen Of the United States
takes the oath, he takes j; at his peril and
is subjcc; to prosecution for perjury.
ID. As ~ age. No onc is entitled to re-
gistration who ia not at least twenty ona
years of age on the daT he applies for re-
S.ztra ION. II, this respect qualification ~
10 age differs from qualification rs to TO-
'dencc; and the fact t!;at majority Must
exist at the date Of registration has rcia-
tinm to the day OF veg iatratiun, and not to
tire day AZ subsequent election.
3l. Next. us to odi-iranciiSe ement. shall
consider the various clauses OF tlisiran-
chisement according to the order. and di-
vision into sections Ecrcinbcf0rc stated,
and first as to The general clause de -larnS
Gi~irancliscme't. The nth section of the
original Act dcAies the right To vote t.
such rs may DC t,isfrancll!scl foc partici-
patton in the rebellion. or for felony at
common law. Tl.c words here u-..!, sin
the rebellion" mnst be taken 10 mean he
recent rebellion, but the supp.cmcntt' Act
cnlargcs the disqualification, and requires
The applicant to swear that lac has no; been
dis;rancliiscd for participation in any re-
Hellion or civil war against tlo United
Suites, nOr for felony committed against
the laws OF any State OF the United States.
What, then, works a Acknowledgement
.inicr these provisions? Whether we con-
slider this disability AZ arising out Of parti-
cipat;on IL rebellion or the commi.son of
felony, the mere fact uf such participation
OF commission OF f"iUninus offence, does
not Ut Itself work dsfraHciiscmcnt. IL
must be a=ccrtaincj by the Judgment of
court or by Il Legislative act passed by