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5 the said Officers of Registration, and particularly into his dis- qualification by reason of his disloyalty, under the fourth section of the first article of the Constitution. After such trial, the Officers of Registration did determine and adjudge that Mr. Franklin was disqualified, and, further, that the cause of that disqualification was disloyalty under the fourth section of article first of the Constitution, and the said Officers made proper record of that cause in the seventh column of the book of registration. Under the instructions of the House, the Committee did not feel at liberty to consider the testimony submitted by Mr. Franklin to impeach the correctness of the judgment and decision of the Officers of Registration. If they had done so, however, they would have found nothing to im- peach the correctness of that judgment, but would have found strong presumptive evidence of its propriety, and of the honesty and fidelity of the Officers of Registration. It was admitted in the argument, before us, by the learned counsel for Mr. Franklin, that the judgment of the Officers of Registration, " that Mr. Franklin was disqualified to vote at any election to be held in this State," under the fourth section of the first article of the Constitution, was a fact fending to prove his disqualification " to hold any office of honor, profit, &c.," under the same section. The Com- mittee is at a lose to understand how such evidence could fend to prove his disqualification, without proving it entirely and conclusively. If he is disqualified to vote because of being obnoxious to the inhibitions of the fourth section of the first article of the Constitution, then for the same reason lie must be disqualified " to hold any office of honor, profit or trust under the laws of tin's State." The fourth .section of article first of the Constitution is; " No person who has at any time been in armed hostility to the United States or the lawful authorities thereof, or who has been in any manner in the service of the so-called ' Confederate States of America,' and no person who has voluntarily left this State and gone within the military lines of the so-called Confederate States of America, with the purpose of adhering to said States or armies, and no person who has given any aid, comfort, coun- tenance or support to those engaged in armed hostility to the United States, or in any manner adhered to the enemies of the United States, cither by contributing to the enemies of the United States, or unlawfully sending within the lines of such enemies money, or goods, or letters, or information, or who has disloyally held communication with the enemies of the United States, or who has advised any person to enter the service of the said enemies, or aided any person so to enter, or who has by any open deed or word declared his ad- hesion to the cause of the enemies of the United States, or |
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Proceedings and Acts of the General Assembly, 1866
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