New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-13

SctlVeIy assisted the loyal men of the State |
| to restore Louisiana 10 her nosjtinn in tbe
Union"
This oath is, in its terms, very explicit. If |
read carefully. A large number of persons |
will probably propose 10 take it, but II must |
be remembered that the words of the oath |
are. "openly and actively assisted in restor. |
ing the State to her position in the Union.n !
Taking an active part for the purpose OF de. |
feating the adoption Of the Constitution of
the State does not meet the case; nay, even
voting for the Constitution does not meet it..
The aid must have been given openly and
actively before January ], 1868.
1t must be borne in mind that the only
way in which any person could have aided
reconstruction prior to January /, 1868, was
by favoring and voting for a Convention to
revise the Constitution of the State at the
election held on September 27 and %, 1867.
Those who opposed and voted against
Convention did not aid reconstruction,
for had .o, majority Of the
would no more have been reconstructed
than is Mississippi at the present time.
| Under these instructions the Supervisors, or
some of them, have seen fit to interrogate
persons applying for registration after they
have taken the oath prescribed in the regis
tration act (section five) for those who
''claim to be relieved from the disabilities
contained in the second clause of the afore-
said affidavit, under the proviso to article
| ninety-nine of the Constitution the pur.
port and object of their inteIrogations being
as to the manner in which they had aided
Observation-Disclosures they had voted for
or against Convention, for or against tie
Constitution, etc.
In support of its conclusions upon this
question, your committee is again author
lied to use the opinion of the Attorney
General of the State. The act prescribes
the necessary affidavit for those who though
| rfsNItol olty a Gfz
chised by the assistance which they gave, or
attempted to give, in the reconstruction Of
the State, and the penalty prescribed in the
section was evidently considered sufficient
to deter any one disqualified from subscrib.
ing to false oath.
The words of the same section, five, which
have sometimes been quoted in defense of
the instructions Of the Registrars, and
which reads: THAT taking and subscribing
the athdaVits required by the preceding
part OF this section shall not prevent the
Registrars or Supervise rs from receiving
other evidence, showing that the party ap'
plying for registration is not entitled to
register, and they shall have right to ex'
anime under oath, to be administered by
themselves, or other competent authority,
any witness to prove any fact pertinent to
q the right of any one to register,
!, and shall decide from the evidence
: whether the psrty so applying is entitled tC
:, register, subject to appeal to the Board o
Registration, which Board shall have power
to hear and determine such appeals, do no
7, apply to the case in point, as the require
: ments of the oath in question, in the con
' tingency which we are now discussing, fol
g lows the paragraph just quoted, and has
u therefore, no connection with it. As We
:. have eady shown, the law. maker provided
q such a penalty as he thought would be sui
,, y ticient, and did not leave it discretionar,
= with the Supervisors whether to accept tn
20 affidavit as final or not. The appfcan
y should be registered without any furthe
4 examination, subject to a prosecution fo
- perjury IT he has sworn falsely.
u Even, however, If the supervisor, afte
ino n the applicant has taken the oath, could re
Il ceive other evidence showing that he is nc
~ entitled to register, the Constitution of tn
J. United States, first amendment, articl
~ five forbids that any person should in
=. a. criminal matter be made a witness again;
y, u himself, and would therefore prohibit th
y investigation prescribed by the Board {
?, Registrars into the qualifications of an 81
u y, plicant who, if he has sworn falsely can
y prosecuted for perjury.
le Your committee are therefore of opinio
~ ~ that the Board of Registration Tor rathe
~ !; the majority thereby whatever may haV
=. ~ been their motives, however commend&bl
" " or censuraole they may be, have exceede
81 their powers in issuing to the Supervisor
~ rules not based upon the constitu
| lAOudlf anu ldN
w pertaining to the qualification
~ electors and would recommend II
4, repeal OF section l, in the act to defir
~ ~ more fully the powers and duties of Il
~ ~ Board of Registration and Supervise
Vi thereof for the registration of the qualifie
NJ voters of the State, and also the repeal,
~ necessary, of the Instructions or rul
nf it already issued by the Board of Registrars.
" " Respectfully submitted,
Ss os JAMES R. CURELL,
1e Chairman
n. E. W. DEVICES, IN
Or JERRY A. HALL.
he REPORTS OF STANDING COMMITTEES
ss The Committee on Claims submitted Il
W. following report, which was received al
to accepted: 4-H
ve .. COMMITTEE Rooms
es October H. ls63.
ne To the Honorable Speaker and Members Of t
House OF Representatives;
on GESTLEMEN-Your Committee on CLAIM
!, p beg leave to report favorably, by substitut
n. on House bill No. 204, an act for the reli
of OF Victor Gerodlas, for money necessari
n dirbursed by him for extra stationer
at books, and clerk hire, to effect the collectiC
a and settlement Of State taxes for the yea
a. 1861, 1862, 1868 and 1864, it being clear
N. lrJven to your committee that the sum
Ies twenty-five hundred dollars was actual
and necessarily paid out by said Vict,
ia. Gerodias, respectfully recommend Il
ns passage Of the following act, substituted f
N. House bill 20I.
al at J.H. McvEAN,
Chairman on Claims;
a. w. POPE NOBLE,
m S, E. CUNY,
4, House bill No, 2Is, substitute to Hou
p bill No. 2O4, an act for the relief of Wet
in Gerodias. fet
.. On motion Of Mr.. Rey, of Orleans, al
he under suspension of the rules, the bill W
ne read twice and referred to the Committee
IN the Whole.
pt The same committee submitted the folio
ly ing report, which was received and accepte
IA COMMITTEE Rooms
II. H... ID ID House OF Representation
hit ... New Orleans, October ~ 1865
To the Honorable Speaker and Members of /
"a House OF Representatives
ey GENTLEMEN-YourC Committee on CLAIM
as beg leave to report favorably to making 1
r. appropriation Of one thousand and tweh
is dollars and fifty cents TO pay George v
We Sizer for the rent Of house No. 1O4 on Cam
10 street, New Orleans, which was used by tn
n. Board of Health Of the State of Louisiana.
ne Your committee therefore respectful
ne recommend the passage Of the following &C
he ..t j. II. MCFEAN,
or Chairman on Claims;
ot S. E. OUNY,
nd Hf 5 w. POPE NOBLE. 4
q House bill No. 279, an act for the reliet
~ ~ George W. sizer, reported by the Commit,
n on Claims, was placed on its first reading.
to Under suspension of the rules, Mr.. HI
Us denhain, Of Orleans, gave notice that /