Year: 1867

| QueSLlOu as W Iuo iiSuo " 'SSS' -''o-.. = =
the registration of voters; the question o.
qualification Of, disqualification is fixed by reg
istration; no power is given to any otnel
board or any other authority, after registra'
ton is completed, to change the registry
Persons whose names are admitted to regis
tration are entitled to vote, subject to the
Limitation hereinafter mentioned, and none
others. This registration must be completed
before the first day Of September, 1861. The
functions of the board as board of registra
..tion cannot be extended beyond that liked
time; but after that the duties which remain
to be performed by tue officers composing
this board are limited to holding and superin
tending elections and making proper returns
to the Commanding General. This brings us
to the direct question: Who are entitled 70
registration First-As to citizenship and
residence, no person is entitled TO vote who
shall not be a resident in the State TOR one
year previous to the day of election. 1t is
aot necessary that this previous residence Tor
o year should exist at the time the person ap
plies, for registration. A person, in all other l
respects entitled 10 vote, is entitled to regis
trat;op, although lie has not at that time been
resident of the State for full year, for we
find in the Supplemental Act that the oath
as to residence does not require applicant 10
swear that he has there been resident tor
year, but only requires him to state the num-
ber of months of his residence, contemplating
a period less than as well as full term Of
twelve months; therefore, as to such person
so registered, if it happens at any election
subsequently, to be held that the time Of bis
residence, counting from the day OF the eec-
tion, does not cover an entire year, ne cannot
vote at such election, for this Supplemental
| Act does not as to residence change the pro-
visions Of the original Act, as it is expressly
provided by it as to registration that IT snail
| include only those who are qualified to vote
by the original Act To carry out the pur-
poses of the law in this respect as to resi-
dence, the Board of Registration Should note
opposite the name OF the person whose resi-
dencc has not extended to the full term, the
exact time of bis residence. As to citizen.
! ship, the qualification stated in the original
Act is the citizenship of the State; blt by
the first clause OF the first section in the, sup
elemental Act, registration is to be made OF
male citizens Of the United States, and as to
the oath, the applicant is only required TO
swear that lie is a citizen of the State. aul
Of opirion that the phrase "citizen' of the
State" as used in the oath, is intended to in
| clude only such persons as are citizens OF the
United States and citizens of the State, and
that an alien who has not been made citizen
OF the United States cannot safely take the
oath; but, as the Board of Registration haze
only authority TO administer the prescribed
oath, they cannct require any further oath OF
proof as to citizenship, and if an alien, not
made a citizen of the United States, takes the
oath, he takes it at his peril, and is subject
to prosecution for perjAy. Second-As to
age no one is entitled to registration who is
not at least twenty -one years Of age on the
day he applies fer registration. In this res
pect the qualification as to age differs from
the Qualification as to residence, and the fac,
that majority must exist at the date of regis
tration has relation to tie day of registration
and not to the day ol-subserucnt election
Thrd--Next to disfranc chisemcnt, shall con
slider the various ci.uses Of dsiranchisement
accordicg to order and division into sections
hereinheore stated and first, as to tie gene
raj clause declaring disiranchiSement The
fifth section of the original Act denies the
right to vote to such as may be dslranch'sed
Tor participation in the rebellion, or tor felony
at common law. The words here used, in
the rebellion" must he taken to mean the re-
cent rebellion; but the Supplemental Act en-
larged the disqua iGcation, and requires the
applicant to swear that he has not been dis
irancbsrd for participation in any rebellion
or civil war against the United States, moi
for felony committed against the laws OF any
State or the United States-what, then, works
disfranchisement under these provisions
whether we consider this disability as ars ne
out of participation in q rebellion.


The commission Of felony, the mere fact Of
such participation or commission OF lelonious
offence does not, of itself, work disiranchise
ment. 1t must be ascertained by the judg.
nent Of the Court or legislative Act passed
| by competent authority! DisiranchisenNen,
for felony committed against the laws OF q
State or the United States consequent on q
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.
am not aware OF any law Of the United States
which works dis(ranchisene as to right Of
suffrage by the force Of the Act itself, moi
does such consequence follow from convlc
tion for treason or conspiracy to commit
treason, or for any other act of participation
in the rebellion. The provision in the Con-
s,ituton Of the United States as to treason
against the United States does not declare
what shall be the 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 lite of the party. Con-
gress, in the exercise of its power TO declare
the punishment, has limited such punishment
as CONSEQUENCE Of conviction, to the penalty
of death or Imprisonment, and tnanumiSsior
of slaves owned by the party, and to di>qnali
iication from holding any office under the
United States. am not advised Of any
statute nov in force in either of these ten
States, except, perhaps, in Virginia, which
declares dislranchisement as to the right o
suffrage BY force Of the Act itself.


The fourth and fifth sections may be con-
sidered together. The party applying fol
registration must swear that, 81 have never
been member Of any State Legislature, mol
held any executive or judicial office in any
Stale, ana allerWaruS euBabeu III lunurleCliou
or rebellion against the United States, OF
given aid and comfort to the enemies thereof
that Ihave never taken an oath as member
/, Congress of the United States, or as ar
officer of the United States, or as member
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 States, or given aid and comfort
to the enemies thereof"


These clauses of the oath in effect extend
dsfranchisement beyond the provisions OF
the original Act and the prior clauses o: the
Act itself, in the important particular, that
neither conviction nor judgment of court, nor
any express legislative enactment is required
to Establish the fact Of disfranchisemert.


In legal parlance, disiranchisement under
these clauses of the oath results from matters