A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The applicant for registration must be a citizen of the State and of the
United States, and must be a resident of a county or parish included in
the election district. He may be registered if he has been such citizen
for a period less than twelve months at the time he applies for
registration, but he can not vote at any election unless his citizenship
has _then_ extended to the full term of one year. As to such a person,
the exact length of his citizenship should be noted opposite his name on
the list, so that it may appear on the day of election, upon reference
to the list, whether the full term has then been accomplished.
4. An unnaturalized person can not take this oath, but an alien who has
been naturalized can take it, and no other proof of naturalization can
be required from him.
5. No one who is not 21 years of age at the time of registration can
take the oath, for he must swear that he has then attained that age.
6. No one who has been disfranchised for participation in any rebellion
against the United States or for felony committed against the laws of
any State or of the United States can take this oath.
The actual participation in a rebellion or the actual commission of a
felony does not amount to disfranchisement. The sort of disfranchisement
here meant is that which is declared by law passed by competent
authority, or which has been fixed upon the criminal by the sentence of
the court which tried him for the crime.
No law of the United States has declared the penalty of disfranchisement
for participation in rebellion alone; nor is it known that any such law
exists in either of these ten States, except, perhaps, Virginia, as to
which State special instructions will be given.
7. _As to disfranchisement arising from having held office followed by
participation in rebellion_:
This is the most important part of the oath, and requires strict
attention to arrive at its meaning. The applicant must swear or affirm
as follows:
That I have never been a member of any State legislature, nor held any
executive or judicial office in any State, and afterwards engaged in
an insurrection or rebellion against the United States or given aid or
comfort to the enemies thereof; that I have never taken an oath as a
member of Congress of the United States, or as an officer of the United
States, or as a member of any State legislature, or as an executive
or judicial officer of any State, to support the Constitution of the
United States, and afterwards engaged in insurrection or rebellion
against the United States or given aid or comfort to the enemies
thereof.
Two elements must concur in order to disqualify a person under these
clauses: First, the office and official oath to support the Constitution
of the United States; second, engaging afterwards in rebellion. Both
must exist to work disqualification, and must happen in the order of
time mentioned.
Public-domain text, read in full here on John Shaqi.
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