Sugar planter. [volume] (West Baton Rouge [i.e. Port Allen, West Baton Rouge Parish, La.]) 1856-1925, 1867-06-01
OPINION OF THE ATTORNEY.

doubt on the subject. The exposition Oh
the statute law is, however, a very OTTER
ent affair. We have first the disputation
of the legislators, then the practical CON
struction of those who are to execute the
law, next the opinion Of counsel pro or
con, and last the Judicial decision which
assures the construction and operation OF
the law.
The opinion of Attorney General Stan
berry is but one step in the progress OF
civil adjudication as applied to the militia
ry occupation and government OF the
Southern States. 1t is an advisory e7-
PLANTATION of the acts Of Congress pres
cribing the mode Of registry, and has, OF
course, 40 definite authority unless adop-
ted and published as an order BY the
military authorities. We can, therefore,
only attach to the opinion such weight
as its explanations may be supposed to
have upon the opinion and official action
Of the President and Of Gen. Grant, since
these officers, in the absence Of Congress,
represent the paramount power that we
are bound to obey.
After q careful perusal Of the opinion
of the Attorney, we are constrained to
say that be has expanded into great
space a reply that might have been con-
densed into a shorter and more satisfac-
tory solution of the questions most inter.
esting 20 the Registrars and the Southern
public. We deduce from his reasoning
the following propositions
! Tho Rar;pfror mrcf admit INV Dnp
to register who offers to take the oath
prescribed by the act of Congress, and
they cannot be required by the Regis,
trars to take any other oath.
2. The responsibility of deciding for
himself whether he belongs to the classes
permitted to vote or are prohibited from
voring, is thus thrown upon the person
registering. He must risk the pains of
perjury for any incorrect construction of
the oath Of Congress or Of his own rights
under it.
The Attorney General aids the appli-
cant for registry by saying that the law
precludes from the right TO register all
officers, large and small, coming in any
sense within the description of executive
or judicial officers, who at any time within
their lives held any of these Offices also
all members Of a State Legislature or
Convention. and all officers of the United
States, who have ever taken an oath to
support the Government thereof.
The Attorney is moreover of opinion
that some direct overt act, done with the
intent to further the rebellion. is necessa.
ry to bring the party within the puryiew
and meaning of the law.
This throws upon the applicant the
determination of the question whether a
volunteer soldier who bore arms in the
late war has given aid or comfort within
the meaning Of Congress.
The class of those who are not exclud-
ed from the rights of registry by the act
of Congress is defined with more prccis-
ion. Militia officers are no disqualified.
such officers as usually pass under the
description municipal do not come within
the provisions of the act, such as officers
of cities, towns, villages, and subordin-
ate and municipal divisions, whether their
functions are executive or judicial, or, as
is sometimes the case, where the same
officers act in both capacities"
Of the Offices created under the de
facto government of the ~Confederacy, the
Attorney says:
II am accordingly of opinion that
holding simply judicial Office, or othe,
executive Office, or public employments,
as are purely civil in character, such as
county offices, municipal Offices, and all
others Of a like nature, which were not
created for the purpose of more effectualIy
carrying on hostilities, and which did not
involve the performance of duties express
ly in %furtherance of rebellion, do not come
within the meaning of this part Of the
oath, fixing on the incumbent the guilt of
engaging in the rebellion"
Then there comes a great doubt and
reservation as to q large list of subordin-
ate State oficeholdcrs. The Attorney
says (;
" In addition to the class Of officers who
clearly come within the the terms of thu
act as judicial and executive officers Of
the State, and to those classes which
comprehend militia and municipal officers.
who clearly are not within the terms Of
the act, there remains a vast body of
officers whose status IS, 10 some vay. to
be defined these are known in popular
language by such terms of description as
county, township, precinct officers
he reserves for further consideration