The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-11-03
IMPORTANT Or = u! LEGAL OPINION. ..
A, -. "} E
Abssntees During the War Can
not be DISTINGUISHED. -
No nan to bs Deprived Of his
Political Rights without
Trial and Sentence.


The following corresDonaono. v,;.,
We copied from the official records At thu
Capitol, explains itself. '
Asofney General Cole.
EXECUTIVE DxpAR1,rxxr.)
H. Sept. Is, 1856.
Ion. Gordon 4. Co'e, A,sora.v c...r,J ~ L.
CIR: Complaints are made n ma 49,
erA portions Of the State that . nr-s.s ~. ~
rolled and conscripted persons Who s.a :. e.. s
'neir respective districts to avoid the a. -
service In the Union army, are return;,m =.
'ne'r former homes and assuming al the r;s+..
OF c'tiSenship, and many of the loy,l neouis -
Alnnesota are making inquiry a. to the nrcr..
method OF redressing this great wrong.
Eor the purpose Of securing an intellir,ct
ana Uniform practice in the premises, and for
the guidance of election officers and all other.
concerned, I respectfully request your opinion
on the following points:
f""-A description of all such persous a.
are disfrancised by proclamation of the Presi.
dent OF the United States, or BY the ,cts Of
congress passed since the commencement of
the rebellion.
Second-Whether such persons are excluded
nom voting for all civil officers, and IL not for
what officers they may BE- permitted to vote.
1Asrd-The nature and amount of evidence
necessary to mako 1t the duty of certain OH.
GERS 70 reject the vote of such delinouents.
very respectfully your obedient servant.
STEPHEN MILLER.
Governor Of Minnesota.
ResPonse Of the Attorney General.
STATE or MINNESOTA.
ATTORNEY GKHKRAL's OFF1oE
SAINr FAuL, Sept 18, 1866.
NY Esceae"cy, SsephSs Miller, Governor ofN;s.
nesotd:
slR: am In receipt of your favor eueloeinp
letter from Captain See, and desiring nv ooir.
Ion - to the right of persons who, during tia
late rebellion escaped to Canada to avoid the
draft, and have since returned. to vote At tn.
ensuing fall election for State and County OF.
GERS. You also enclosed slip extracted from
sCme newspaper, stating that by proclamatio0
" no Iresloent Issued pursuant to an oct of
congress, such persons are disfrauchisod.
have nosympathy with this class of per.
sons, and were in = position where couId
properly do 80, would not hesitafe tn vote
for their Acknowledgement WV
fn my present position Unjust, however. ex.
pound existing laws as lawyer, rather than q
politician. The Constitution and laws of this
sests Pr3scrioe the Qualifications of voters, and
confer upon certain classes of persons political
rights, OF which they can only be deprived az
. punishment for crime.
lns punishment can regularly be inflicted
under the rules of common law, after formsj
judicial investigation, and sentence paced In
ACCORDANCE with the finding of the tribunal.
law which should attempt to disfranchise
according to the course of the Common iaV.
would not only be most unjust and oppressive
but would strike at the very foundation nnon
which the fabric of every free government Ia
raised, and would also be palpable violation
OF the Constitution of this and of eyery State
of the Union. S'-'''
Under the Constitution of the United States
at State elections in Minnesota ia vested in
the people OF the State, and neither CONGRESS
BY enactment, nor the President by proclsma.
ton, possess any power to vary. modifv or IN
any manner affect those qualifications. The
Constitution and laws of this State attach M
such punishment to desertion from the armies
OF the United States a. that indicated in your
iOsSOAs Sno AhuOCA CouAu uOt PIOD6TlY DO an.
the punishment devolves upon the nst;or
whose laws have been violated.
A refusal to allow person to exercise the
elective franchise at a State election for the
cause referred to. would find no warrant in
either the Constitution or the election laws, but
would be palpable violation of both. and
know of no authority competent to overTide
them and establish other and different reenia.
tons. A precedent of this character. however
desirable as present expedient, would he Of
the most fatal and dangerous character.
WneneveI tne states are prepared to yield this
the President, all laws are liable to the same
supervisory power. The State government
sinks powerless and paralyzed at the feet Of
the nation. and the liberties of the citizens sre
dependent upon the breath of the occupant of
tne fresloenua Chair; The government ceases
In legal point Of view, there can be no
question that your interrogations must he an.