The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-07-11
RICHMOND, VA. July 6. 1863.

RICHMOND, VA, July 6, 1860.
| lMessrs. Littteton Taze,OeU, John IT. Gil
mer, alexander II. Sands and r. r.
H0Wison
Gentlemen: Your note, requesting
my opinion as to the qualification ofvo-
tiers, has been received.
In the Constitution, Article III, Sec
ton I, under the head of Qualification
of Voters" it il prescrihSl :'that no per-
son shall vote or hold office under this
Constitution who has held Office under
the so-called Confederate Government,
or under rebellious State Government,
or who has been member of the So
called Confederate Congress ora men,
Der of any State Legislature in rebellion
against the authority of the United
States, excepting therefrom county of
fees"
1t is also provided in the same article:
'But the Legislature shall have power
to pass an act or acts prescribing means
by which persons who have been dis
franchised by this provision shall, or
may, be restored to the rights of voters
when, in their opinion, it will be safe to
do So"
The statute to which you refer enact
ed "that every person possessing in 9TH
er respects the qualification under the
Constitution and laws of the State who
has taken, or hereafter may take, the
oath prescribed by the Amnesty Pro-
elamation of the President of the Unit.
ed States, of the twenty-ninth May,
1865" which oath is in the following
words: 81 do solemnly swear, in the
presence of Almighty God, that l will
henceforth faithfully support, protect
and defend the Constitution of the
United States and the union of the
States Hereunder; and that I will in
like manner abide by and faithfully
support all laws and proclamations
which have been made during the exist
ing rebellion with reference to the eman-
cipation of slaves,n and an oath to up-
hold and defend the Government of Vir-
ginia as restored by the Convention
which assembled at Wheeling on the
18th day of June, 1861, which oath
is in the following words: II do
solemnly swear that / will uphold
and defend the Government of Virginia
as restored by the Convention which
assembled at Wheeling on the 18th of
June, 1861" shall be entitled and quail
fed to vote for members of the General
Assembly and all officers elective by the
people, subject always to the laws in re-
gard to voters and voting not inconsist-
ent with this act: " Provided, ho,eeper,
That the persons excluded by the terms
of the said proclamation from the bene-
fits thereof, excepting those embraced
in the thirtieth class of such excluded
persons, shall not be entitled or quaii-
fed to vote as aforesaid unless pardoned
by the President as provided Tor by said
proclamation.
1t is quite evident from these provis-
;ons-there being no others bearing on
the subiect-that there are two classes
Of voters and their votes should be re.
ceived bv the Commissioners.
1st. All persons in other respects quail
fed. ii. e.l white citizens over the age of
twenty one, and resident in theeounty
or town in which they offer to vote six
months preceding the election, unless
they have held offices civil or diplomat.
ic, under the so-called Confederate gov
or otherwise embraced in the
first twelve exceptions and the four
tenth exception to President Johnson's
Amnesty Proclamation.
Cd. Persons who have held civil
office under the so-called Confederate
Government, or who are otherwise EN-
braced in the said exceptions TO Presi-
dent Johnston's Amnesty Proclamation
may, nevertheless, vote if they have
been specially pardoned by the Presi-
dent. Very respectfully,
Your obedient servant,
THOMAS r. BowDEN,
Attorney General OF Virginia'
A xyo,,,or I'm or T,o,,fs killed her huss