The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1867-06-08
Construction of the Military
Bills.

Inc opinion OF Attorney Gener-
al Stanbery on the true construc-
ton of the military bills is an
elaborate document, and, as far as
it goes, is ably reasoned and con-
elusive. But it does not attempt
more than a legal exposition of
those portions of the law affecting
the political status of the citizen,
as to the right to vote and hold
office. Nothing is said Of the
military commanders, although
very important questions may
arise out of the exercise of those
powers. Nor is the opinion per
tectly full, even as to those points
which it is intended to cover
There is one OmissiOn-arising,
not from neglect, but from con-
tinued doubt in the mind of Mr..
Stanbery-which still leaves us in
perplexity. We allude to that
portion of the opinion treating of
the question of disfranchisement.
AS to the effect of the disqualify-
ing clauses Of the law, it is laid
down as incOntrOvertible that
members Of a State legislature and
State officers exercising executive
functions at the seat of govern
ment, such as lieutenant governor,
auditor, treasurer and secretary
of state, are clearly excluded /;
whilst military officers and NUM-
cipal officers are as clearly not ex-
Guided.
But, as to sheriffs, justices of
the peace, ETC., the attorney gen.
eral has not come to conclusion.
This class embraces a large num-
Der of persons, and these must
wait for further investigation be-
fore they can know the opinion of
the sttorney general, in regard to
their rights. That large class of
officers, OF rather agents of the
State who perform special duties,
are nOtdisfranchised. By way of
illustration Mr.. Stanbery names
the following Boards of com
missioners of public works, direc-
tors of State asylums, visitors of
penitentiaries, visitors of univer-
sites or colleges, directors OF
banks or other corporations; spe-
cial commissioners or agents APP
pointed by the governor or other
State authority to perform special
duties, as examiners of banks,
notaries public and commissioners
to take acknowledgment of deeds
and lawyers. In regerd to the
question of residence, it is not
necessary that the applicant shall
have been for one year a resident
of the State at the time of regis
tration. This is a qualification
which applies to the right to vote
. and not to the right to register
AS to age it is different. The ap
! plicant must have attained his ma
jority at the time of registration
Having taken an oath of allie
glance to the United States does
not work disfranchisement, unless
combined with two other circum
stances. The holding of a federal
| office, civil or militery, or of an
executive or judicial State office.
, and subsequent participation in
the "rebelliOn," or adhesion to the
enemies of the United States.
Persons who held
Office of purely an administrative
character, are not affected. In
deed, the language of the attorney
general is even wider in it's scope
than this. He says; d" holdingsim
ply judicial Office, or other execu
tive office, or public employment
as are purely civil in character
, such as county offices, municipal
offices, and all others of like
nature, which were not created fol
the express purpose of carrying
on hostilities, and which did not
involve the performance of duties
expressly in furtherance of REBEL
ion, do not come within the mean
ing of this part of the oath fixing
on the incumbent the guilt of en-
gaging in the rebellion" In re
gard to individuals, Mr.. Stanbery
thinks that some direct overt act
done with the intent to further
: the 'Erebellion" is necessary tt
: bring the party within the mean
ing of the law. 'ENTerely disloya
sentiments, or expressions, arr
: not sufficient" says Mr.. Stanbery
'The person applying for registry
is not required to clear himself
: from the faint of dislOyalty."
These are the main points O
9 the opinion. But, it is important
to bear in mind that the document
is intended as a guide to the citi
zen, and not, as to the points
above referred to, as instructions
! for the registrars. The whole
Il | u1laction IF oop or+r,.4;oY, oaoorJ:,,