Year: 1867

Tor or against convention.


The fourth section provides for an election to
ratify the constitution that may be framed by
the delegates, and the right to vote at this elec
tion is confined to persons registered


The sixth section provides that all elections
! in the States mentioned in said original act
shall, during the operations of such 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 an oath prescribed by the act of
July I'd, 1862, entitled Gan act to prescribe an
oath of Office"


| The first consideration which requires my at
tention, upon the question as to the right to
vote, arises upon the 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 The regis
try. Persons whose names are admitted to reg
istraton are entitled to vote, subject to the
Limitation hereinafter mentioned, and none
other This registration must be completed
before the 1st day of SEPTEMBER. 1867 The
functions Of the board as board of registration,
cannot be extended beyond that fixed time, but
after that, the duties which remain to be per-
| formed by the officers composing this board are
limited to holding and experimenting elections





ing General. This brings US to the direct ques-
| tion-Who are entitled to registration


First-as to citizenship and residence-no
person is entitled to vote who shall not be resi-
dent in the State for one year previous to. the
day of election. 1t is not necessary that this
previous residence for year should exist at the
time the 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 a resident of the State for full
year, for We fud 10 the supplemental act that
the oath to residence does not require the
applicant TO swear that he has then been resi-
dent for a year, but only requires him to state
the number of months of his residence, con-
templating period less than, as we'll as full
term of twelve months. Therefore, as to such
person so registered, if it happen at any elec
ton subsequently, to be held that the time of
his residence, counting from the day of eleclio
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,
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, to residence, the Board of Registrar
| ton should note opposite to the name of the
person whose residence has not extended to the
full term, the exact time of his residence.
AS to citizenship, the qualification stated in
the original act is citizenship OF the State, but
by the first clause first section of the supple
mental act, reg gistration is to be made Of male
citizens of the United States AS 70 the oath,
the applicant is only required to swear that he
is citizen of the State. 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 citizens
of the State, and that an alien, no has not been
made citizen of the United States, cannot
safely take the oath, but as the Board of Regis
tration have onIy the authority to administer
the prescribed oath, they cannot require auy
further oath proof as to citizenship, and if an
alien, not made citizen of the United States,
takes the oath, he takes it at his peril, and is
! subject to prosecution for peri Jury


| Second. As to age, no one is entitled to regis
tration who is not at least 81 years Of age on
the day be applies for registration. In this
respect qualification as to age differs from quail
fcation to residence, and the fact that ma
jority must exist at the date of registration, has
relation to the day of registration and not to the
day of subsequent election.


| Third. Next, as to disfra nchise nient | shall
consider the various clauses of disfranchisement
according to the order and division into sections
! herenbetore stated; and, first, as to the general
clause declaring disfranchise ment. The fifth
section of the original act denies the right to
vote to such as may be disfranchsed for partici
| patton in the rebellion, as for felony at common
: law. The words here used, "in the rebellion,'
must be taken to mean the recent rebellion, but
the supplemental act enlarges the disqualified
ton, and requires the applicant to swear that
! he has not been disfranchised for participation
in any rebellion or civil war against the United
States, nor for felony committed against the
laws of any State the United States. What
then works disfraochise under these pro-
visions Whether We consider this disability
as arising out of partici patton 10 rebellion, or
the commission Of felony, the mere fact OF
such participation, commission Of felonious
offence, does net of itself work disfranchiscme
It must be ascertained by the judgment Of a
court, or by legislative act passed by compe-
tent authority. Disfranchisement for felony
committed against the laws Of a State or the
/ United States, consequently on a conviction in
the courts, either of the United States or of a
State, or declared by the laws of either, would
be fatal under these acts. I am not aware oi
any law of the United States which works dis
franchisement as to the right Of suffrage BY
f,rce of the act itself, nor docs such consequence
follow from a conviction for treason or con
spiraey to commit treason, or for any other ACT
of participation in rebellion The provision in
the Constitution of the United States, as tc
treason against the United States, does not de
clare what shall be the punishment on convic
ton of treason That is left for Congress with
the Limitation that corruption of blood shall moi
follow as consequence, nor any forfeiture ex
cept during the life of the party. Congress, in
the exercise Of its power declares the punish