The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-11

ing opinion exposory Of tho qualifications Of voters in
Virginia in the approaching elections II is an able and
lucid summary Of these rights and will be given to the
people of the State today 1t will be that the
Attorney General holds that all white citizens the
age of twenty-one six months resident in the county
town in which they offer to vote are entitled TO the
elective franchise unless they have held civil or diplo
matte Office under the so-caled Confederate government
or are otherwise embraced in the hrs twelve and four
teenh exceptions to President Johnsons amnesty proc
lamation.
Persons who have held Office under the so-caed Con-
federate government or who are otherwise eoaced n
the said exceptions to President JOhnsons amnesty
proclamation may nevertheless vote II they nave been
specially pardoned by the Presdent;-
1an oPrMou or TIE ATTORNEY GENERAL
RICHMOND, Va, July o, 1909
Messrs IrrIxros TAzEwELL JOHN a. GlLxEs, ALEx's d.
SANDS and X. Il. H0w1s0n:-
GESrIHMKS-Your note requesting my opinion as 70 the
qualifications OF voters has been received.
In the constitution artcls section under the neeu
OF Qualifications OF voters" 1t Ia prescribed tnat no
who has held once under the socaed Confederate gov
eminent or under any rebeous State government, OF
who has been member OF the SO called Confederate
Congress or member OF any State Legislature IN ene
lion against the authority Of the United States excepting
therefrOm county 0iicersh 1t Is also provided IN the
same artcIe"ut the Legislature shall have p0wcr to
pass acts prescribing by which persons
who have been DISTINGUISHED by this provision shall OF
may be restored to the rights of voters when in tneir
opinion II will be safe 70 do 30. ~
The statute which you refer enacted shat every per
possessing In other respects the qualification under
the constitution and laws OF the otHte VINO mas hken oi
hereafter may take the oath prescribed by the amnesty
proclamation of the President of the United States OF the
10Th OF May, 1885," which oath is in the following
wOrds:-sI do soemny swear. in the presence OF Al
mighty God, that will hencef0rth faithfully support
protect and defend the constitution OF the United states
and the union of the States Hereunder; and that will
in like manner abide by and faithfully support all laws
and pr0clamaons which have been made during the ex
listing rebellion with reference the emancipation OF
slaves and an oath to uphold and defend the govern
ment of Virginia a. restored by the convention which
assembled at Wheeling on the 18th day OF June 1861
which oath is in the following words:"I do soiemnly
swear that will uphold and defend the government oil
Virginia restored by the convention which assembled
at Wheeling the 18th day Of June, 1861, shall be
titled and qualified to vote for members of tbs General
Assembly and all officers elected by the people, subject
always to the laws in regard TO voters and voting
not inconsistent with this act Provided however
that the persons excluded the terms OF the said
IamatiOn the benefits thereof excepting those en-
braced in the thirteenth class Of Such excluded persons
shah not DO entitled qualified TO vote as aforesaid un
less pardoned by the President as provided Tor ny SAID
proclamation.
It il quits evident from these prOvsionsthere being
no Others bearing this suject-that there are Two
classes of voters and their votes ought to be received o.
the Commissioners. -
fy,a-Al persons in other respects qualified, that is
white citizens the age OF twentyoDe ana resden
in the county or in which they offer 10 vote for sly
months preceding tho election, unless they have heit
civil or diplomatic Office in the socaiied nieoerae gov
ernmont or otherwise embraced IN the nrst Twelve
exceptions and tho fourteenth exception 10 Ircsideh
Johnson 3 amnesty proclamation
,yerond-Persons who have held ONCE unuer tho 80
called Confedcrate government or VINO are otner"is
embraced in the said exceptions to President Johnson
amnesty proclamation may nevertheless vote II thej
have been specially pardoned by the President Verj
THOMASR. BOWpEN,
Attorney General OF Virginia.