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BY D?R1S0E, REESE & CO. HU......U........U~.-UM1.'..?W.|......V.?.??..'^.u.................M,...,?.... ..W.*.;.'.-.*.*.*;r!S-I'"v"'*.. VOLUME XXXII.-Ko. 23... EDGEFIELD, S, C;, JUNE 5, 1867. M: O. BUTLER, ATTORNEY AT LAW, ASE Solicitor in Equity, Office, LAW P. ANGL-, EDGEFIELD, S. C. Fob 27 tf 9 M. L. BONHAM, ATTORNEY AT LAW AS!) Solicitor in Equity, EDGEFIELD, S. C., . WILL Practice in tho Courts of this State and in Augusta, Qa. Also, in the United States District and Circuit Courus for So. Ca., giving special attention to cases iu Bankruptcy. April 2nd, Sn 14 W. J. REAIJY. -"JAS. T. CULBREATD. READY & CULBR?ATH attorneys at Liaw Aso - . SOLICITORS IN EQUITY. EDGEFIELD, S. C. Feb 27 tf 9 Law Notice. TH'3 Undersigned have this day associated themselves as partners in the PRACTICE OF LAW AND EQUITY. M. W. GARY, WM. T. GARY. Edgefield, S. C., Feb ll, 1667._tf 7 Law, Notice. THE Undersigned have associated themselves as Partners in the PRACTICE OF LAW for Edgelield District, under the style of ADAMS A LASDBCM. W. W. ADANS,. W. M. LANDRUM. Jan. 8, 1867. tf 3 Medical Card. Dil. T, J. TEAGUE has moved to tb* Drolling recently occupied by Mr. J. R. Carvvilo, next door below Episcopal Church. Hs may be found at the Drug Store of Teague A Carwilc during the day, and at his residence during the night, when not out on professional business. Having been engaged in the practice of Medi cine, in its various branches, for the last Tbirtcei Years, he feels that he docs not arrogute to him self undue merit when ho solicits a liberal sbar< of patronago at the hands of tb?5 community. Jan 1 tf 1 J Di DENTISTRY. 'R H. PARKE Respectfully announcer that he is well preparod to execute in the best manner and promptly all work in thc business, -and at greatly reduced figures. . Having acquainted himself with the late ines timable improvements in thc profession, and se cured a full stock of materials, Ac, hu warran, goo and satisfactory work to all who may desire his services. . Edgefield, S. C., Aug. 1, " ?. tf31 For Sherill'. . Tho Friends of Capt. A. P. WEST respectful ly announce him as a Candidate for Sherill o Elgo?old atihe nextolcction. Nov 7 te* 45 gST Wc have been authorized by the Fricndt of Capt. H. BOULWARE to announce him ; Candidate for Sheriff of Edgefield District at th? noxtelcction. Apr 12 te* 16 For Tax Collector. The Many Friends of D. A. J. BELL, Esq. respectfully nominate bim as a Candidate f? Tax Collector at the next election. Cet 18 te 43 THE many Friends ol Capt. JAMES MITCH ELL respectfully nominate him as a Candidat)* for TAX COLLECTOR at the next election. . SALUDA. Dec? te* 50 Wo havo been requested by many friends o Mr. JOHN A. BARKER to nnnouncc him a Can j did ito for Tax Collector of Edgefield District at j the ensuing election. Oot. 2, te* 4 We hive been authorized by frierds o' Capt. STUART HARRISON to announce bim c Candidate for ro-election to the office of Clerk o' j the Court of Common Pleas for this District, st J the next election. April 9 te 15 -I ^J?**Wehave boen authorized by the manj j frionds of Capt. L. YANCEY DEAN to an ( nouncc him a Candidate for Clerk of the Coan of Common Pleas for Edgefield District at th( j nextolcction. June 20 te 27 , CARRIAGE MANUFACTOJRT EDGEFIELD, S. C. TIE Subscribers respectfully announce th? 'hoy aro n?w prepared to do al) work in tb' COACH MAKING and REPAIRING BUS? NESS thatmiy be entrusted to them, in a work m inlikc manner,and with ncatnesf and dispatel We bare on bund a few CARRIAGES aadsu perior BUGGIES.-of our own manufacture,wh iel we will sell low. Al 1 kinds of REPA IRING done promptly and wsrranred to giro satisfaction. ?f^As wescll ONLY FOR CASn, ourprices ar unusually reasonable. All w? ask is atrial. S .TUT BI & JONLSv Marj tf I? WHHffl MB BLACKSMITH SHOPS, TlIE Undersigned slvos notice that ho is nov. prepared to hnve REPAIRED in a good an workmanlike manner, WAGONS, CARRIAGE? BUGGIES, and other Vehicles that may b. 'brought to his Shops, at fair and reasonable pn co* for Cmb. NSW WAGONS,'CARTS and BUGGIES wil1 also be put up in the beststyle, und on as reason able terms as can be afforded. Having EFFICIENT and EXPERIENCE! W^ORKMEN.in my Shops, and a go? d supply o' the BEST SEASONED TIMRER, no puins'wil! be spared to. give entire satUftiction to thoso wh< "Duly send their work to these Shops. W. W. ADAMS, gept. 26 tf Bar Room ?Fe OR tho real pleasuro and comfort of those who sometimes indulge in a social plats. I han opened in tho Planters' Jlotel, a FIRST CLASS BAR. well supplied with EVERY VARIETY ol the BEST WINES, LIQUORS, SEGARS, ?Sec., and under tho management of a gentle man, courteous and attentive, who Will at all tun?!? ba in attendance tp -gire entire satisfaction to bis customers. A. A. OLOVJBB, Agt Froi? The Land Wc Lote. " The Land we Lave.*' By Rev. Patton- A. J. RYAN-author of " Conquered Banner." Land of the Gentle and Brave ! Our love is as witte as thy woe; . It deepens beside every grave, Where the hoart of a hero lies low. Land of tho brightest of skies ! Our love glbw'a tho mure 'jnjd^tby gloi Our hearts, by"tn? saddest? of ti?/j Cling closest <o thee in thy doom. Land where the desolate weep !. In a sorrow too deep to consol?, Our tears are but streams making deep The ocean of love in our poul. 'Land where tho victor flag waves, Where only tho dead ore the free, Each link of tho chain that enslaves, Shall bind us the closer to thee, Land where the sign of the cross, Its shadow of sorrow both shed, r We measure* our Loy? by thy Loss, . Thy Loss-by tho graves Qf our Dead, THE ^COKSTR?CTIOS LAH Attorney-General Stanberry's Opini WASHINGTON, May 2 The Attorney-General has prepared th? lowing opinion upun the clauses pf the Ee struction Act with reference to vptiDg . holding office. The provisions relative tc powers and duties of the commanding olin etc., will "be considered in a future opinior ATTOBNEY-GEVERAI.V OFFrfct, May 24,1867." TJie President: SIR :-I have the honor to'stat? my opii upon' questions arising under the Act of Ms '?d, 1SU7, entitled"" An Act to provide for more efficientgovernment of the rebel Stat and tba Act .of March 23d, 18G7, enti .' An Act supplementary to ail Act enti an Act to provjde for the more efficient ? ernment ol the rebel States," upon wi questions military commanders of district which these States are comprised have as your instructions. . The first, sud most im; ?ant of these questions may be thus stat who are entitled to vote and whoaredisqrj tied fruin voting at elections provided foi coming within the purview of these A The first provision upon this subject is tt< lound in the tilth section of the original i and declares the qualifications and disqua cations of voters for elections to .be held delegates to the proposed Constitutional C vention in each State, and for election to held for the ratification of the Constitu? that may bc framed by stich Convention ; l section provides that delegates to buchC vention shall bc elected by tb? malu citiz d' said State, twenty-one years old and I wards, ot whatever race, color or previi condition, who have been resident ip s Slate for one year previous to the day of s election, except such as may be disfrancb?! ?or participating in rebellion, or for felony common law, and that the same qualificatif so required for election o? delegates shall a be required upon ejection fur ratifica:i< The proviso to this section also excludes ir< the right to vote for delegates to thc Convc .'ion every perron excluded from thc privile .)f holding ottice by an amendment t? the C( stitution of the United States, proposed the Thirty-ninth Congress, and known as I ticle fourteenth. The six!li section provid that untii the people of said rebel S tates sh bc by law admitted ti? representation in t Congress of the United States, any Civil G< t-rnments which may exist therein shall deemed provisional only, and in all respet subject to the paramount authority of t Uuiied States at arty time to abolish, modi eontrol or supersede the same, aurl in all el< :ions to any ollico uuder such Provision Governments a'l persons shall bc entitled vote, and none others who arecntitled to vo under tbe provisions of the fifi h section this Act: and no person sbflllype eligible my office under any such Provisional Go ernmenta who would be disqualified fro holding tffiee under the provisions of tl ?hird article of suid constitutional amendmei It is to be observed here that the qualifia tions of a voter are, by ilie fifth section, lin ted to .the election of delegates to the Coi vention, and to the question whether sue Convention shall cr shall not be held, nt! that no qualification is declared for a del ..ate so t? be elected, but by the sixth scctic bc same qualifications,.as lo a voter, are n quired in all elections to any office under tl existing Provisional Governments during the ontiuuance, and as to eligibility at such clei lions certain classes arc excluded. The fin section of the Supplemental Act provides thr bc Commanding General iu each Distrii shall cause a registration .to be made of tb male citizens of the United States twenty-or years of age and upwards, resident in eac county or parish in the State or States inck led*in bia District, which registration eba include only ttose persons who arc qualifie o vote for delegates by the original Ac The person offeringJnmself for registration i ?lso required to take an oath, which, for coi .enience, I now divide into paragraphs u .-ections, pieserving, as near as may be, th angonge of thc Act. He must swear or al .irm as follows: First, That he is a citizei jf thc State, and has resided in said Starte fo -months next preceding the day when h cakes the oath, and that he now resides in tb county of-, or in the parish of-, i -aid State. Second. That bo is twenty-on years old. Third. That he has not been dis /'rancbised for participation in any reb'-llio; ?r civil war against the United States, norfo felony committed againrtlbe laws of any ^tat jr of the Uuited States. Fourth. That h :as never been a member of any State Legi. Mature, oi held any executive or judicial ollie in any State afterwards engaged in in?nrrec tion or rebellion against tbe United Stales, o .?iven aid and comfort to the.enemics thercol Filth. That he has never taken an oath as : r member of Congress of the Uoited States, o is an officer of the United States, or as ; member of any State Legislature, or as ni executive or judicial officer of any State, t< .upport thc Constitution of the United State.? and afterwards engaged in insurrection or re hellion against the United States, or giver , lid and comfort to the enemies thyreo! Sixth. That he will faithfully support tht Jotistitniion and obey the laws of t'je United States, and will, to the best bf his ability ..ncourag? Others so to do. The second* section of this Act provide! 'hat after tbe completion of this registration in any State, and after at lenst thirty day'.* public notice nf thc time and places which ? he Commanding "General shall appoint and iirecf. an election shall be held for delegates io a Convention, and a rule is given to lix thc number of dcl'.'gutes.tt) be ehe lu J, and the .pp?intment of these deb gates i improper civil sub divisions, giving lo each sub-division rep resentation in the ralio of the registered vo ters. The third section provides thai at an -lection for delegates registered-voters shall vole for or agaicst the" Convention. The tourth section provides for the election to ratify the Constitution (hat may be framed by 'bc delegates, and thc right to vote at this dection is confined to persons registered. The sixth section provides that nil elections in thc States mentioned in said original Act .ball, during the operation of such Act, be by ballot, and all officers making said registra tion of voters and conducting said elections, shall, before entering upon-, -the discharge of jbtdr duties,, take an^ oath prescribed tho Act of July 2d, 1SC2, enlitfed an Acti-fpre scribe ari oath of office. The first considera* lion which reqair?s my ftttesticft tipoc tho question UK to the right to vote, arie( the registration of voters; the ques qualification or.disqualification is fixed istration; no , power is giveu to an; board or any other authority, after r( tion is completed, to change the re Perse*? whose naines are admitted tc tration are entitled to vote, subject limitation hereinafter mentioned; an others. This registration must be con before the first day of September, 18C7 functions of iiie* board as a board of rf -tion cannot be extended beyond tba i time ; but siter that the duties which i j to be performed by the officers com ! 'this'board are' Hunted to holding and si tending elections and making proper r to the Commanding General. This bri to thc direct question : Who are entii registration? First-As t? citizepsh? residence, no person is entitled to vol sliuil not be a resident in the State fi year previous to the day of election, not necessary that this previous residen a year should e^ist at the time the pers pliesfor registration. A person, in all respects entitled" to vote, is entitled to tration, although he has not at that tim? ! a resident of the State! for a full year, 1 find in toe Supplemental Act that thc 'as to residence does not require applies swear that hr? has there been a resident y^ear, but only requires him to state the ber of months of his residence, cohtempl a period less fJban as well as a full te twelve months j therefore, as to such a p so registered, if it. happens at any elf subsequently to be held that the time < residence, countirjg from the day of the tion, does not cover an entire year, he ct vote at such el?ction, for this Supplem Act does not as to residence change the visions of the original Act, ns it is expi provided by it as to registration that it include only those who are qualified to by the original Act. To carry out the poses of the law in ibis respect as to dence, the Board of Registration should' opposite the name of the person whose dence has not exiended to the full term exact tittie of bis residence. As to cit ship, the qualification stated in the or?; Act is.the citizenship of the State ; bu: the first clause or the first section in the, ! plr.raental Act, registration is to be ma< male citizens of the United States, and i the oath, thc applicant is only require swear that he is a citizen of the State, of opinion that the phrase "citizen of Slate," as used in the oath, is intended ti elude only such pensons ns nie citizens ol United States and citizens of the State, that au alien who has nut been made a cit of tho United States cannot safely take oath ; hut, as the'Board of Registration 1 only authority to administer the prescr oath, they cannot require any further oat proof as tu citizenship, and if an alien, made a citizen of the United States, takes oath, he takes it ut his peril, and is sol to prosecution for per j Ay. Second-At age, no one ia entitled to registration wt net at least twenly-one year* of age on day he applies fur registration. In this peet the qualifioutiun as to age differs f thc qualification as to residence, and the that majority must exist at the date of re tration has rei?tion to thc day bf registra! and hot to the day of subs?quent sleet Third-Next to disfranchisement; I shall < sider thc variou* cl uses of disfrnncbisenV accord* cg to order and division into sect i hereinbefore stated ; and first,as to tbe jri ral clause declaring disfranchisement fifth section of the original Act denies right to vote to such as may be disfrnucbi fur participation in the rebellion, or for felt at common law. The words here used, ' the rebellion," must he taken to mean the cent rebellion ; but the Supplemental Act larged tho disqualification, and requires applicant to swear that he has not been t Crunch ?sr d for participation in any reboil or civil war Against the United States, i ibr-ielony committed against thc laws ol i 'State or the United States-what, then, wo: a disfranchisement under these, provisiot whether we consider this disability as aria out of participation in n rebellion. The commission cf felony, the mere fact such participation or commission ol lelonk offence does nut, of itself, work disiranchi j ment. It must be ascertained by the jur j raent of the Court or a legislative Act pass by competent authority.' Diafrancbiscnk , furlelony committed against the laws of State or the United States consequent or conviction in the Courts, either of the Unit States or of a State, or declared by the la of cither, would be fatul under these Acts, am not aware of any law ol' the United Stat which works disfranchisement as to right suffrage by the *brce of the Act itself, n does such a consequence follow from convi tion for treason or conspiracy to como treason, or for any other act of participate in the rebellion. The prevision in the Co slitution of the United States us' td tieait against thc United' States docs not decla what shall be the punishment on convictk ?Of treason. That is left for Congress, wi: the limitation that corruption of blood sba not follow as a consequence, or any forfeilur except during the lite of the party. Coi gress, in tho exercise of its power to dcclai thc punishment, has limited such puoishmei as u const quenc? of conviction, to the penah of death or imprisonment, and man um issie of slaves owned by the party, and to di*qual lication from holding any office under th United States. I am not advised of an statute now in force iu either of these te States, except, perhaps, in Virginin, whic declares disfranchisement as to the right ( suffrage by force of the Act itself. The fourth and fifth sections may be con .-idered together. The party applying fe registration must swear that, ''I.have neve been a member of any State Legislature, no held any executive or judicial office in an State, and afterwards engaged in insurrectio; or rebellion against thc United States, o given aid and comfort to the enemies thereof that Miave "never taken an oath as a membe . f Congress of the United States, or as ai oftlcer ot" the United States, or as a membe) of any State Legislature, or as an executif or judicial officer of any State to support tie Constitution ol tho United States, and after wards engaged in insurrection or rebell?n i against the States, or given aid and comfort j to the enemie? thereof." These clauses of the oath in effect'extend disfranchisement beyond tho provisions of the original Act and the prior clauses o.'thc ,Act itself, in the important particular, that neither conviction nor judgment of court, nor any express legislative enactment is rC'](iirc'd to ?stablish the fact of disfranchisemert. In legal parlance, disfranchisement under these clauses of thc oath results from natters tn pa?s. But iu one respect these clauses limit the generality of the original Act as to disfranchisement. The original Act contem plates thut disfranchisement under these clauses does not arise from participation io rebellion alone, but other elements must con cur. That is to say, holding ccrNiti offices, or taking the official oath by cerftin officers and afterwards participating in tba rebellion against the United States. The coisideration of these* two clauses lends to distiict subjects I of enquiry. First. What offices or officers arc comprehended* ? Second. What acts amount to engaging in insurrection or rebelr lion against the United States, or giving aid ; { and comfort to the enemies theroof ? I will at first consider what offices er officors are j comprehended. As to some efficers there is no roora for doubt. . Members of State Legis. j la tures, rut tn be rd of Congress, are clearly enough defeated. Tho quotion cujght, however, arise, whether a Convention heh a.State for framiug or amendment of its C stituiioD, would answer to. the deseriptio: a State Legislature within the meaning of Act. Such a Convention, although il clothed with legislative powers, cannot pi erly be denominated a State Legislature, : in the Acts- now under consideration a C vention and Legislature are expressly dis guished from each other ; for they reqt the Constitution to bc framed by a Conv tion, and they require the Legislature of same State to adopt the constitutional ame (neut. When, then, in the same Acts, tl again uso the phrase, " Legislature of State," they must be understood to use il the same sense, and as distinguished fror Constitutional Convention. But as to th legislative bodies which passed what called ordinances of secession, by wfaate .name they may have been called, I ano opinion that their . members are prope comprehended within this disqual ifying ci ai for 1 can imagine no official legislative pc tion in which the duty of allegiance was mi distinctly violated. The next and more difficult enquiry who is to be considered an officer of the D ted States, or executive or judicial officer any State within the meaning of these clause Varions classes of officers arc here intend State officers and Federal officers,.execut: or judicial officers. No legislative offie are mentioned, except a member of theSti Legislature or a member of Congress. T descriptions used as to other officers are as State officers, that they must be judicial executive, and as to a Federal officer t terms-executive or judicial are not express) He is described simply as an officer of t United States. It has been shown that Fe eral officers and State officers are classifi simply in the clauses of the Act under cc sideration. I deem it profitable and cond cive to a clear order to follow this classific tion. I shall, accordirgly, first consid what State officers are included in the ten executive or judicial; this'phrase is twi used in' these clauses with the superadd description, " in any State" in the first claui and "of any State*' in the second clause, thiok the controlling terra of description, there is any repugnancy in the terms, mr be taken to be the last, for that is used in ti first clause, and to others; besides*, it is ti same terms of description used in the Act Congress of 1789, declaring what State of cers are required to take nu oath to suppo the Constitution of the United States and the third section of thc constitutional amen ment. Both usc the same terms of desert tion-"Executive and judicial officers of State." The terms are so general and inde nite that they fail to express with sulfide certainty a. designation of thc persons inte ded to be reached. It is to be regretted, a mattar of so much importance, that the rb of designation adopted as to members of Co; gress, and of a Sta'e Legislature, had 8 Leen followed up. Or, if that were found ii practicable, that some more definite gener rules hud not been declared. The uncertai ly becomes manifest in the application of tl law, and this uncertainty necessitates co: struct ion. Thc necessity for constructifl which arises from thc generality of the la1 cannot be better stated than in thc languaj of Plowden : " Though the words begen?j they are to bo- r??uoi d par-ticularUv, Jj exposition made according to the intenfl the Act. Those statutes which compreheti ail things in the letter, thc sages of the la have expounded to extend but to some thing Those wh cb generally prohibit all peep f om doing such an act, they have interprete ti? permit some persons to do it; and tbof winch include every person in the fitter,thc have adjudged to reach s^rne persons only, a founded upon the intent, collected by consic o ins Hie case and tho necessity of the.nc and comparing one part with another, an sometimes by foreign circumstances." 1 deci it proper herc to fix some clear ideas of th genera! intent ol th? se Acts, sud by whs rule of construction, strict or liberal, that in tent may best be arrived at. The intent, a expressed, is to enable the people of each t thete States to frame a Constitution for th State by the exercise of the right of suffrngt There are clauses of thc Act giving the righ by general terms of description -to the penpl generally, and especially td those who hav never enjoyed th? right before. There ar other clauses of the Act which, by genera terms, tak-J away, this right of suffrage fron those who have always enjoyed it. The rule of construction as to the clause which give the right must bc liberal, and a to them the general terms are net to be re stricled, but as to those clauses which dero gate from the existing right the rule of con strtiction must bi strict, that none should ht excluded who are not clearly within the let ter and iutent. I begin, then, with the inqui ry whether officers ol thc- miliiia of a Statt are etubriced within these terms of descrip tion, and 1 have no doubt that th? y are not Certainly Congress, as lo the officers of ti State, was ?not content to use the term al large and without qualification, but, as w( see, intended to qualify. Thc usual words tr manifest that intent would.have been adopted and the terms would have been the judicia and executive, the civil or military officers o: the State. Accordingly we find winn thai wa3 thc purpose, as we fee it was in the third section of the constitutional amendment known as article fourteenth. Congress ex pressed that purpose very clearly. That sec lion provides that DO person shall be a Sena tor or Representative in Congress, or electoi of President or vice-President, or hold any office, civil or military, under the United States, who, as a member of any State Legis lature, or as executive or judicial officer ci a Slate, had takcD an oath lo support tho Con stitution of the United States,-shall have en gaged in insurrection or rebellion agaijst the Mme, or given aid or onifort tc thc enemies thereof. This third section is expressly re ferred to more than once in these Acts, lt ia made in fact part of these Acts. Its language is followed word for word in these disqualify ing clauses as far as Was possible, except rn thc particular in which one is made to apply to eligibility, and the other to the right to vote. When, therefore, we find that Con gress, in declaring what persons shall be dis franchised, from holding any^office, expressly includes military as well as civil officers, as in third section of amendment, and in pro viding what persons shall bc disfranchised from voting who held any office, omits to mention militcry officers, we cannot escape the conclusion Ihat military officers were not herc within their contemplation. It is im possible to imagine a case in which the con struction from Iaw3 in pari maieri - has a more'cogent application, for it is evident here that thc law maker in framing the dis qualification of a voter took special cogni zance of the third aection of the araendmeut, and woighed it word by word, following it literally tor the most pai., and rejecting de liberately tho very word intended to embrace a military officer. It must bo borne in mind that we aro here considering the class of military officers who were such prior to the rebellion, when-the office was lawful, and who were known a^ officers of tho.militia-no- that class who be came military officers during the rebellion, as to this last class, they all come under that other clause of disqualification, which applies to participation in the rebellion. Having the inquiry thus circumscribed to civil officers, the question recurs what civil officers aro to be brought within the terms, executive or ju dicial officers-of a-'State; They clearly iff elude, so far as executive officerj are con cordad, all such officers as are generally known by the proper description pf State pffi -7: M-.-. . . eers or officers of Sta'e. In oue sense, a io a popular sense, the description, execut officers of a State, is applicable to a vi known class, the Governor, Lieutenant-Gi ernor, State Auditor, Treasurer, Secrets and State officials proper, who exercise exei tive functions at the seut ol' Government. I am .not prepared to eay that omy th? proper State officials come within this tei cf description, nor.am I prepared, as to ju< cial officers of a State, to limit the descr tion to Judges of Courts whose jurisdicti extends ever the United States. 1 must cc tent myself in saying of these officers, ext utive or judicial, tha~t they are clearly with the meaning of the law. Now, changing t inquiry from an affirmative-to a negative pi cess, such officers as usually pass under t description municipal do not cume within t purview of the Act; such as officers of citii towns, villages and subordinate municipal c visions, whether their functions are executi or judicial, or, as is sometimes the case, wht the same officer acts in both capacities. Ot side of these two representative classes, tl fijrst of which jg clearly within, and the la ?f which is clearly without thc purview lese clauses, we find in each of these Stati host of officers whose status is in some wi ?be determined. It is impossible here oceed by way of enumeration, aud to di igui6h by name all those who are include and all those who are excluded. All th; can be done is to establish some fixed mle .1 feel the necessity of circumspection here i saying who are iucluded within the disfrai cbisement rather than in saying who are ni included, for where there is doubt, accordic . to the rule of construction which has bec -preferred to, that doubt must be solved in fav< jbf, rather than against, the right of the vote The exclusiones all comprehensive as to tim and applies not only to those who were i ?office when the rebellion commenced, but t those who held the prohibited offices'at an previous lime, although they may havecease to hold such office an- indefinite number c years prior to the rebellion. It is founde oa the idea of a breach of official trust du to the State us the author or donor of tb trust. It is founded on the idea of a breac cf trust not arising merely from allegiance a a citizen, but duty to the State in a direc ofiieial relaci?n to that State, and throug that to the Federal Government. So far a this Act designates by name the persons wh violated such a trus-, it is that class lo whos keeping the trust is especially confided-lha ?3 to say, the persons who were clothed wit! the legislative power. Whore, as in this instance, there is a pur pose of exclusion on a common ground, an one class is.designated as coming within th ?purpose and other classes are left indefinit and only to bc ascertained by construction, i is allowable to find the indefinite das* byte rule of assimilation. We see then, in thi law, a purpose of excludion as to the thre gnat Departments of a S^ate, Legislative Judicial and Executive. We see, further that as to the Legislative Department tnadi up of a legislative body, composed of member and various officers appertaining to such ??. body as a Legislature, the exclusion is onl of the higher functionaries of that body, th members, and isnot carried to its suboidinati officers*. The terms of exclusion are not tin members and officers of a Slate Legislature jj u t simply .the members of a State Lr-gi.-la (ture. As, therefore, thc exclusion in ?thi Legislative Department has elf ct mily upoi the. highest class in that Department, it is saii to say the same policy.of exclusion a!?ache; rather to such officers as exercised funci?n: of important trust in 'he Ex? cuti ve and Judi cial Departments than to those whose tune tions a-i(l duties are merely limited and su bordinate. I have sin ady called attention to (ho com prehensiveness of these exclusions as to time Now. todrciare them equally comprehensive as to per.-ons, and to say that they embrace all officer?, large and small, coming in an) sense within the descriptions of executive ot judicial efficers, who have at any time during their lives held any oncjof the cilices, would have this inevitable result, that ;n the forma tion of thc Constitution lor a Stale hythe agency of its own people, a large proportion, perhaps a majority, cf thc most intelligent and capable of the people would bc excluded. There is no part of my duly in attempting to give construction to these laws in which 1 find myself involved iu such paiuful uueer taioty as iii determining what officers outside ol the classes already designated come with in the just range of exclusion. I have said that iu addition to the class of officers SQ clearly coining within the terms of hu Act as judicial and executive Tifficers of the Slate, and tn those classes which comprehend mili tia officers and municipal officers who clearly are not within the lei ms ol'the Act, there remain a vast number of officers whose status is in some way defined. These are kuown in popular languue? by such terms of description as county, township and precinct officers. Their nume is legion; their functions and du ties are, for the most part, strictly local. Some of them-such as sheriffs and 'justices of thc County Courts-have jurisdiction over the entire county; others arc restricted to the smallest civil-sub-divisions. I have directed abstracts tobe prepared for each of these States which will exhibit all these offices, and thc duties which appertain to them, and the form of oath required. I must reserve for further consideration, after the abstracts are made, the question whether all of them, or if not all, what classes of these officers come within the disqualification. As to all other executive and judicial officers who are not, in popular language, character ized as county officers, I incline to consider them as coming under thc descriotion-of ex ecutive and judicial effieers of the State, within the meaning of these raws. I deem it proper, here, in r ference to that class of officers, judicial or executive, who arc, by the rule I nave laid down, brought within tho I operation of disfranchisement, to distinguish I a class whose duties are not localized) who stand in direct relation to tho State, and who, in my opinion, cannot propel ly be designated as executive or judicial officers of a State-I mean that class of persons who exercise spe cial public duties, rather in the nature of oc casional employment, than general hnd con tinuing official duty. TLisdistinction between office and employment, and between an offi cer of a State and an accent ol a Stat ej is well established. Chief Justice Tilghmon, in 3 Serg. and Rawle 141), recognizes it ianthe case of Commissioners- appointed to lay out roads and canals and other works of public improvement. The question arose upon a section in the Constitution of Pennsylvania, which provided, '' that the Governor shall appoint all officers whose offices are estab lished by this Ci nstitution, or shall be estab lished by law, and whose appointments are not herein otherwise provided for.'' TLj Chief Justice says : '' It hos never been ascertained, nor is it easy to ascertain to what offices this power of appointment extends. I speak of ofliccs created by law since the making of the Constitution. Tho word office is of very vague and indefinite import. Everything .conceiting the administration of justice or the general interests of society may be sup posed to be within the meauing of the Con stitution, especially if fees or emoluments arc annexed to the office ; bnt there aro matters . of temporary and local" concern, which, al though comprehended in the term office, ?have not been thought to bi embraced by the Constitution,. and whose offices of that kind have been created, the Legislature has sometimes made tho appointment in'the law which created them, sometimes given the ap I pointment to others than ^he Governor, and . sometimes gfring tho power of removal to others, although the appointment was kl the Governor. The officers ot whom 1 ??peaking are often described in Acts ot aemblv by the name of Commissioners, st for instance, asare employed in the lay out of road's, and canal*, aiid other work a public nature. Yet all of these perfon duty, or in other words exercise an uffi< I cannot enumerate all of the employait under State authority, which, in my opin: work no disfranchisement. 1 will namesi by way of illustration, viz: Bjards of Ci mi.-sioners of Public Works, Directors State Asylums, Visitors of State Univenit Directors of State Peniten ?aries, Siate Dit tors'of Bants or other corporations, Spei Commissioners or Agents appointed by Governor or other State authority lo perle special duties, as Examiners of Batiks. ? taries ol the Public and Commissioners take acknowledgments of deeds. The r laid down, and these illustrations will, p haps, be sufficient to determine who co within its operations. The next palifying clause is founded the oath ot office. The oath as incidental the officers not mentioned in the first d qualifying c ause, but the office alone. I in the.second clause tho oath is made to < ter as a necessary, element in order to wc disfranchisement, and it is applied tb t same disses of officers named in the fi clause, and idso to ol hers not named in t first clause, that is to say, officers of t United States. It is an oath to support t Constitution of the United States, and it dearly provided by this clause that if this o.i has been taken by a member of a State Le islature, or. jy an executive or judicial offic of any State, then such person violating th oath and engaging in insurrection shall disfranchised. There is somo obscurity these.clause3 and room for doub:, wheth disqualification under the first.clause wou arise in the case of a member of a State Lt islature or any executive or judicial officer any State who had not taken the oath.to su port the Coastitution of the United States. I incline to the opinion that this oath put as an essential thing, the breach of whic by insurreciion against the United Stat* violates the trust imposed by it upon the ol cer. But this clause, so far as thc executi or judicial officers of a State are concerne docs not cr large the class subject to dist'ra chisement. Thc effiepr breaking the ca which works disfranchisement must also I a judicial cr executive officer of a State, a cording to the rule hereinbefore establishe I do not apprehend any practical qucstii will arise here, for by the Constitution-of tl United States this oath is required to 1 taken by ?e members cf the several Stat Legislatures, and all executive and judici officers, both of the United States and i the several States, and in those ten Stall tte same oath was required as lo members i thc Legislature and the executive and jud cial olliceru of the State. This brings me tn the question, who is I be considered an officer of the United State within tho .[leaning of the plauso uncL?r coi sideration ? Here the term officer is used i its most, general sense ard without any qur. ilication as legislative, or executive, urjud cial, and 1 think, as here used, it was iatci ded to comprehend -military as weil as civ officers of lue United States, who Lad take the prescribed oath. Inasmuch RS to til violation ol'the officiai trust has relation 1 fealty to the United States, which is broke by rebellion against thc United States, ti: reason is apparent li.r includi g all officer of thc United Smites, and for making the di? frauchisemenl more general and eo-mprebei sive as to them, standing; as th? y rio, i more direct relation nnd trust to thc Unite States than thc officers of a State. I now conic to consider what is thc mrar: ing and scopc'of the disqualification arising upon that part bf the oath which requin the person to state-that bc has not engage in insurrection or rebellion .-gainst the Unite? States, or civen aid and comfort to the nie mies thereof. I nuis;, here repeat, what, ha been said before, that to work 'di.'qualifk-a tion two clements must coin ur : Fiisi-Hold ing the designa ted ellice. State or Heil eral accompanied 'by an official oath to seppor ehe Constitution of the United States; an? second-Engaging in rebellion against tin Unite'1. Slates, or giving aid or comfort tr tbejr enemies. Both these must not onlj concur, bat th?y mest concur in tho order o time mentioner!. Fir.-t, 'he officer and jin oath, ami afterwards ergaging in rebellion o giving ai^ and comfort. A person who ha: held an office within ibo meaning of this law and has tsken the official oath, and who hat not afterwards participated in a rebellion may safely take. ! lie oath ; and so, too, the person wao has full}' participated in rthe rc beldon, but has not prior thereto he-Id an of fice and taken the official oath, may, with safe ty, takct at: oath. My dn:y is simply one of construction. ] do not deem it proper to enter upon any question ol tho constitutionality of this par; uf the Act. Taking i*. as granted. forN thc purp'ise of construction, ..that Congress has imposed such an oath, it is not cly allowa ble, but imperative, that I keep in view its essential characteristics. It is something more than a legislative Act in derogation of an existing right. It is. in effoct, a law which takes away an existing rich! as a consequence of acts done at a prior time, and which, at the time they were done, entailed no such cons?quences. In the late cases before the Supieme Court of the United States upon the lest oath prescribed by an Act ol. Con gresa to be taken by lawyers, ta which tho exclusion from the right to practice their profession was made to arise upon prior par ticipation iu tlie rebellion, tho Court say: .' As the oath prescribed cannot b ? taken by these parties, the Act, as against them, ope rates as a legislative decree of perpetual ex clusion-and exclusion from any ol the pro fessions or any of the ordinary avocations of life for past conduct, can be regarded in no other light than as punishment for such con duct. . Thc exaction of the oath is thc mcde provided for ascertaining the parties upon whom thc Act is intended' to operate, and in stead of lessening, increases ?ts objectionable character. ..All enactments of ibis kin 1 par take of the nature ol' bills of pain'- and-pen alties." The Court further says : ft The de privation of any rights, civil or political, pre viously ..Mijoycd may be punishment, the cir cumstances attending and the causes of the dopriva'ion determining this fact. Tho char acteristic* of this clause of "the Act are there foro retrospective, penal and punitive Of course, there cau.be no question as to the rule of construction whicn is hero to be ap plied. Those who are expressly brought within its operations canno' bs saved from its operations. Where, fr uri thc generality of terms of description, or for any other* reason, a reasonable doubt arises, that doubt is to be> resolved against tho operation of the law and in favor of the voter; What acts, then, with in the meaning of the law, make a party guilty of engaging in insurrection or rebell ion agains.t the United States, or giving aid and comfort to thc enemies thereof ? The language here comprehends not only late rc hellion, but every past rebellion which has happened in the United States. So. too. it comprehends every foreign war in which the United States has at any time? been engaged. Thc first part of the sentence covers the ca*e of domestic war e'xtstinc in the form ol'a rc bellio'n Or insurrection, whilst the - la*F part applies to foreign war. The words riving aid and comfort-to the enemies of tho United States,'' aro tho same used in r'-e cQtisti tutioni.l dctiaitiun of t> - vu, and ""the ene, < ? mies thereof must be taken to bc fbi enemies. j 'J'?ise words originally found in the < statute of Enalind against treason, hav ? ceived their settled iiiterpretrations in ] ? lana and American Courts. They arc i i this without an}' qualification, and we t?ctu.Cull force and application when are made to apply to adherence or giving atid cum L rc tu foreign, enemies. Such act a3 to the, breach ot oath or duty of giance stands upon the sane policy of quat;fio?ition, as engaging iu rebellion or war. A .person, therefore, vho gave aid c-mt'ort to our enemies in tbs war with G Britain of 1<S12 aud in thc -var with Me: iu IS L7, would, in that particular, come vi in this clause. .In laying down '.his rule '. ?nut forget that for Certain purposes and certain sense every citizen in the rebel St during the late rebellion is to be con.sid? a public enemy, as.in respect to the liabi .of his property to capture isa prize oft and in respect to various Acts, uf Congr passed duwyg the rebellion, which, as property, declare its .liabili y to captur.-, feiiure or confiscation when nsed in aid the late rebellion. Btu wherever in, an; these Acta of Congress these ternis aid ; confiscate are used in any other than commonly received accept ltiori, some qu ficatiou or description is added to make til .apply to thc rebellion. Nevertheless, though I am strongly inclined to think t the aid and comfort here r.entioned sho strictly bc confined to its at krowlcdged le interpretation, J. am not qaite preprred say that Congress may net. u^ve used it applicable to the rebellion. ? shall the fore, allow it due weight in the next ioqu io giving construction on .he clause pow be considere J. We arc now to inquire what is meant engaging in insurrection or rebellion agai the United States? The force of the te " to engage" carries the idoa* of active rat! than passive conduct, and of voluntary rat! than compulsory action. Take as an st'ance a ?ebel soldier cotr pelted to serv by force of conscription ; take. a:s ?pother .?.tance th? case of a slave, who,, by the co mand of his master or by military order, 1 served in the ranks or aided in the consul doh uf military works. It would he an abc of language, to hold that in these iosiam thc parties have engaged in rebellion wit! the meaning of that word as used in the la Dut whilst in wy opinion i. conscript or sla forced irtfo the ranks or other* military ft vice is not included, it do^s not follow th otho.* classes than those vho actually levi war and voluntarily joined the rank? of rc'.j nre tu be excluded, tak'ng it to be citar th in the sense of that law piersons may ha eitsfaged in rebellion without having actual levied war ur taken arm-;. All these, who, iegi.-:!ative or other official capacity, were c gjgcJ in furtherance of common nnlawl purpose, ur persona who, in tbr-ir i nd i vi la capacity, didah}' overt a.ct for the parpia of pro-noting the rebellion, may well bo s.i in the nietfitng bf this law to haV? nigag in rebellion. All person.', ?ho, during t ??elim, acted in an ollieial capacity wlie the Uuti?s of officer necessarily b-ul relati to the support of the rebe lion, such as mer hers bf'rebal Legislatures md rebol Congre! and rebel Conventions. -.v.X ichd diplomat agents ot'thc rebel Confederacy, or such oth officials whose duties ^mor&?spccially appc "tjin -<1 to the sopporV'?f l?nfr?bel cause, :.?? be bel 1 to come within thc terms of exe. sion. Officers in those rebel St iles wh< (Jtirit'g the rebellion, discharged o iici-al di ties not incident to war, mt III pr?serv?t ic of order'and (Administration ol lavr,- arc nt to bc considered as lin reb? ccgagii g in r hellion. The interests ol' humanity requit such cfiicers for thc performance ol such ell cial conduct in time oi war or i: MI: rec!?ri a? well as i:i time uf peace, and the perfo manee <'t" such duties can never bc couside ed as criminal. I canuol bring myself to tit conclusion that Congress could have nu'at that such purely civil and necessary r.ilie; involved thc incumbent in the guilt ol insu rection. Nothing but tho most cogent l.vi guage, such ns was used hi thc tesl outh fi lawyers, could manifest such a purpose. TU Supreme Court, in construing that test oat! ami iii r?-feretico to tin* clause tu which nave alluded, uses this language: Thc third clause applies t > thc "scekinj acceptance < r exercise not only of office created for thc purpose of more effectual! carrying on hostilities, Litt also of those ol fices which are required in every community whether in peace or war, for thc administra lion of justice and the preservation efordei 1 find no such purpose in the* usu of any c thu teniis ol'?lie Act now under consideration 1 am accordingly of ?ni don that holding simple-judicial Office, or other executive oj flee or public employ meit as tiri? of pure!; < ?vii character, sm-h as County offices; mum cipa! offices, und ail others of like naturi which were not crea', tl :'-..r the put pose o nute effectually cr ying ou hostilities.am walch did not involve tLe performance u duties expressly .in. furtherance of rebellion tlu ?ot come within the Henning of tia- ?nit ol'?be oath or lix on ihe incumbent the guil of engaging in theffjfebe: lion.. So much foi the official participBon. I now tetar to what amounts to individual participation in thu rebellion. In H:c att?mp tj arrive at the classes ol persons or ofucts in tended lo be comprehended ia the matter o engaging in rebel! on, we must have cue re gard .io tue ?abject watter, undoubtedly, al though every r?bellion against the United Slates is comprehended. It ig the late re bellion which almost, if not altogether, can be said to be tile proper au! jtct matter. A rebellion which extended ovcx eleven Sta'cs of thc Union, involving mort: or less a mill ion.of their people, continuing for more than f ur yeats, und iuaiut-i.il ed b; .i vast military authority, which, as to ail of these people for a time ana us ta most of tl.etii during its contin uance, excluded them ii. m all protection un der the lawful (JbvernmcuU The Obligations of allegiance, when thus separated ?rom the corresponding right ol protection, ?nd the breach of that allegiance, aro necessarily modifi?e' under such circum stances, 'flic obligation is less stringent, and a breach of that obligation les#k repre hensible than in casts of tcmperary or bical insurrection. Nor must weioi get that through out. these rebel States there were large cla-ses of then- populations more or less opposed to thc.rebellious movement, and who were vet more or less necessarily, involved in its support. . 1 have already said that tho language used in this Act as to participation, carries the idea uf voluntary partisputum, and I am sat i-lio'l that these considerations, growing out of tuc nature of the rebellion, induced Con gress lo use the word " engage," in the place or involuntary participation.' When an in surrection, l?y its continuance nnd power, lakes the lunn of ti dc facto Government, and prescribes and enforces laws over the people Within its territory, individual rights and Obligations undcrgi an inevitable modi lie non, and thc right.ul and displaced au thority, when it again ("ines into place, inust, in a measure, accommodate its action to cir- j cutnitanccs, and consider mauy* things as righi Tu.ly done, which, ina mere insurrec tion, would have no cc lor of legality. This piiiriple js recognized by . all civilized na tions, has betti especially enforced in every land b)' statut ?nd by thc decisions of .the Court carly ip the roign.of Jlenry the. Xii. Obedience to tfie dejiclo Gov,yument, es tabTished under a us irping! monarch, has", been held not to inv?lve a subject in the gu.lt bf treason to the lawfnl Ring. Giving due weight to these well established princi i *ft ti fay . y pies, I proceed wren mc inquiry, i ?... - opinion tbatfomc direct overt act done with ^ intent to further the rebellion is necessary to bring the party 'ivithin the provision and I meaning of this law. Merely disloyal sentiments or expressions;, are not sufficient. The person applying for > registration is not required to clear hims'lt -from thc taint c' disloyalty. ?be menning of Cunareis here jc-cotr.es yet mere e,vidcut. when, iL thc hst clause o'f thc prescribed oath, he is required to swear that te will faithfully support^* Constitution, obey thc laws of "the United plates, and will, to the best of hit; ability, encourage others so to do. This part of thc oath is not exculpatory, but promissory. It looks to the future and not fj the past, and 'lie purpose is here manifest to omit as to tho right to vote ihe disquali fication from tho right io exercise office. Mere'acts of. common humarity and charity cannot bc considered as involving thc parg in participation in the rebellion. So, too, are forced contributions by thc rebel author ities, or the compulsory "payment ot' taxes in aid of the rebe:, cause ; it would involve the person, and it must work disqualification under this law. Voluntary contribution in furtherance of the rebellion, or subscription ' to the rebel loans, and even- organized con tributions ' of food or clothing, or necessary supplies, except of a strictly sanitary char acter, are to be classed with acts which dis qualify. . The original Act contaius no provision as to thc manner and time for holding the elec tion of delegates to the Convention, or rati fication of the Constitution* framed by that Convention, or for other purposes. 'The first section of the Supplemental Act provides that a registration of voters shall bo made before the first of Septembe-, I8fi7. The fourth and mibsequent sections provide ; for pieans bj which this registration is to be effected. Tb? Commanding General is di rected to appoint as many boards of registra tion as may be necessary, consisting of tiree loyal officers cr persons to make a comple o registration, superintend thc election, and make return to him of vries, list of voters and of persons elected as* delegates by a plural!ty- of thc votes cast at said election ; and upqp receiving thc said returns -aball open thc same, ascertain thc persons elected as delegates, according to returns of the offi cers who conducted said election, and make proclamation thereof and if a majority of ?'votes given on that questioo^hall be fora Convention, the Commanding General, within sixty day's from date of election, shall notify the delegates to ass^oble ^ Convention at a time and plac? to be Sr?ntion?d inthenoti- ' Sealion *, and ?d?a Convention, when organ ized, shall arot-oed to frame a Constitution ! and Civil Government, according to tbepro I vivions of this Act and the. Act to which tt is ! s"upp!emr-".t:::y. When thc tamo sh.ili hav.! btv II so frann* I. said resolutions shall bo sub mitted by tho Convention for ratification to persons rcgist.-n.d m.der the .'"provisb i s ,>.' this Act. al an election tobe conduct;d by ofiicers or persons appointed cr tn Dc oupfpnt* cd by thc C unmanning Gene-al. .is he- ei -. ; before provided, and to be held after the ex piration of thirty 'by; from the^dlW Ol' ihe not c:- tic rc?" 1", to hr g iv. :t by vn$*J ^C, nvi - Hon, and icturi s thereof sba IK? male t" ! Ihe Commanding General ol Ihe District:'**-' ! The sixth section rmocides'tbat all elc-e i lions in the Statis mentioned in said Act i?? i provide f-ir the mere c-llicie?t gureinmen? <..!' ! the rebe! States, shan, during tuc op?rai ion s ! cf said Act be by ba!lof. and till officers mail ing sv!d registration tl'vi.icu and conduct j ing said election sh'sif, befo?? entering upon j the discharge of their dillie--, take audiub ! scribe to thc oath prescribed by the Act np* proved July 2, ISti?. entitled' An Act to j presctibe oath of < (Mtv." Provided, that ! if any person shall knowingly and falsely take a:.d subscribe to any oath in the Act j prescribed, such p rs jn so effimding. and be ing thereof duly convicted, shall I c sui ject { to the nains, penalties and liabilities wl:i.-',i, j by law, are provided for the- punishment td' j willful and corrupt perjury: Thc oaths pre ! fcc:bcd by this Act are the oaths to be taken by the per?oti applying for rcrristration and j tue oath to bc rakoa by the persons compes* j ing the Beard of Registration. . The ditties of ; thc Board are. lo matte and complete tue reg. ?stratton and superintend thc election. Thc first question is as to the duties and rjowtrs of the Hoar?! in making and oomplct injj the registration: Tue first section pro vides that ihe Commanding General-shall cause a registration to be mada of the citi zens of the United States twenty ?ne years of ?igear.d upwards, resident in each county or pat-.sh in the State or States included in his district, which registration shall include only t.osc persons who are qualified to vote ii r de!egates*by thc Act aforesaid, % and who si all have taken mid subsciibi-d tb Iii**- fbllowi?g oath or affirmation. By this o.h the neir?i ti applying for . registration must s-.ie.-ir pjr-af li: m to every qaalifica*i,-jn provided for bv ihe original Act. The liest jpitsiiou w'?ich ai is-s hero is. w-. ther any other-oath can bu n quired ol the ?>ers:tti applying for regUt:-.-. lion, or any o**..U can be administered to onv other r.trson or persoi sjtouchiug thp rnualiCci* lion of the applicant by the B?wud ul Ite^is r:> lion. The best clause ol tb: first stcrion pro vides as folio vs : ' Which oath or aiUrn a i..:i may be adn.in 3ti red by any >egi o:iu^ dii ctr." The-oaih lu re referred i<> is the oath to be taken by thc person applying fur iegis t rat ion. I have very carefully examined all tho pro visions of this Act, and 1 can find no author*, ity for any oath to be taken by anyone touch ing the qualifications of the up'plicant for registration, b u only this oath. 1 am clearly of opinion that any other touching thc qual ificationmf thc applicant would bc e.\u??ju diciai and without authority; and that falso swearing could not bc assigned as perjury upon siieh unauthorized oath, and especially in provisio to the sixth section above quo? ti-d. which declares what mite swearing hUall amount to pn jury if expressly limited to any ' oath in this Act prescribed. * If wc read those words for themselves, without regard to tho oilier provisions of the Act, ibo impression is made* that twt> things must, concur to authorize the registration of thc app'.icnnt : First-that' lie. actually pos sesses ".he qnulifh^atibn required by the orig inal Act, and find that he is required by this ouili tb swear tu every one of theso qualifi cations, and that no authority is anywhero given to enter upon any other inquiry into his qualification or to administer nny other oath to bim or any oath to any other person ' touching his qualification, and that Ina oath anti his oath nlonc is punished with perjury. lt is impossible to resist the conclusion that thc1 oath itself M tho sole and oniy test o? tho ? qualification Df tho applicant. When, tborc-^ tore, a pe-son applies to the hoard for regis tration, tin pawer of the board is confiafcl fite the administration ol tho prescribed oath* and if the applicant takes that his name must; go upon thc registry; the Board cannot cn ter upon the t.qurry whether ho bas sworn truly or fais? ly; thai, inquiry must be reserv ed to tho Cc urt which msy afterwards baie jurisdiction t j try him on an indictment'fer perjury. Next ter the duties of the Beard, after tho reg-oration is completed, they ?re to superintend ihe election and make return of the votes, list ot voters and of the persons elected to tho Commanding General. It is very clear, from theso provisions, th*!Un su perintending these elections thc duty of tho Bo^rd.is to receive thc votesof thc persons .vybose names a?e un for registration, : aUu-.|o reject all others. There is no Pr<?gWiyff|l where to surcharge, or falsify or to add ?*fc?b gie name to the registration, or ,to erase a single name which appears upori n> ,.