Year: 1867

change registrars. Persons whose names are
to registration are entitled to vote,
subject to the limitation hereinafter men,
toned, and none Others. This registration
must be completed before the 1st day of
1867. The functions of the
board as a board of registration cannot be
extended beyond that fixed time, but after
that the duties which remain to be perform
ed by the officers composing this bard are
limited to holding and experimenting cleo
tions and making proper returns to the COM
General


This brings us to the direct question
Who are entitled to registration l. As to
citizenship and residence, no person is enti-
tied 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 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 d full year, for we find in the supplemental
act that the oath as to residence does not re-
quire the applicant to swear that lie has
then been resident for a year, but only re-
quires him to state the number OF months of
his residence, contemplating period less
than as well as 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 county 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 of the State.


I 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 q 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.
T., l.. In f-
differs from the qualification as to the resi-
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-
nies the right to vote "such as may be dis
franchised for participation in the rebellion
nr for felony at common law" The words
here used, "in 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 disfrancbised 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 a disfranchise-
ment under these provisions2


Whether we consider this disability as
arising out of participation in rebellion or
commission of felony, the mere fact ofsuch
participation or commission of a felonious
Offense does not OF itself work disfranchise-
mcnt. 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 State or declared by the laws
of either, would be fatal under these acts 1
am not aware of any law of the United
States which works disfraEchlsement as to
the right ofsuffrage by force of the act itself,
nor does such consequence follow from con-
viction for treason or conspiracy to commit
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 of
treason. That is left for Congress, with the
Limitation that corruption of blood shall not
follow as consequence or any forfeiture
except during the life of party. Congress,
in the exercise of its power to declare pun
ishment, has limited such punishment as a
consequence of conviction of the penalty of
death or Imprisonment and manumissiOn of
slaves owned by the party and to disqualifi-
cation from holding any office under the
United States. I am not advised of any
statute now in force in either of these ten
States except perhaps Virginia, which de-
clares disfranchisement as to the right of
suffrage by force of the act itself.


The fourth and fifth section may be con-
sidered together. The party applying for reg
istration must swear that have never been
member of any State legislature nor held
any executive or judicial Office in any State
and afterwards engaged in insurrection OF
rebellion against the United States, or giver
aid and comfort to the enemies thereof, that
have never taken an oath as member o1
the Congress of the United States, as mem
Der of any State Legislature, or as an executive
or judicial officer of any State to support the
Constitution of the United States and after
wards engaged in insurrection or rebellion
against the United States or given aid an6
comfort to the enemies thereto" Thest
clauses OF the oath in effect extend disfran
chisement beyond the provisions Of the orig
inal act and the prior clauses of the oath it
self in the important particular that neithe
conviction nor judgment of the court, no
an express legislative enactment is required
to establish the fact of disfranchisement.