Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1867-06-06
Miseellanenns Attifles.
THE RECONSTRUCTION ACTS.

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THE REcoNsTRUcTloN ACTS.
opn1oH OF oRHEY.eEHERAL srAHBERRY.
The opinion of the Attorney General on the Re
construction Acts appears in several Of our ex-
changes in full. The document is lengthy and
that but few of our readers would care
to read it entire we have concluded not to publish
it, but present the following carefully prepared syn
opsis taken from the Charleston Mercury, which
Will enable the general reader to understand more
readily, the positions taken by the Attorney Gen
eral !
REGISTRATION.
1st. Qualification or disqualification is fixed by
registration.
I'd No power is given to any other board or any
other authority, after registration is completed, to
change the registers; and persons whose names
are admitted to registration are entitled toVote and
none others.
Sd. The registration must be completed before
September !, 1867. At that time, the functions
of the board as board of registration cease and
after that, its duties are limited to holding and su
perintending elections and making the required re-
turns. - .. ..-...
l. One gears residence IN the State at the time
of Registration Is not necessary but if person
who has been duly registered has not at the hold
ing of any subsequent election been resident of
the State for one year, counting from the day oil
that election, the person so registered cannot vote
at such election.
@ By the acts, the qualification to registration
is citizenship of the United States and of the
State; the phrase being intended to include only
such as are both citizens of the United States and
of State Aliens, not citizens Of, the United
the boards of registration hare only authority to adj
minister the prescribed oath and cannot require fur
ther proof, so that an alien not citizen may take
the oath at his peril and subject to prosecution.
8. No person is entitled to registration who is
not twenty-one years Of age on the day that he ap-
plies for registration.
DIsFRANcHIsEMENT
Under the Military acts the following causes
work disfranchisement: Treason or participation
in rebellion; commission of felony; membership
of any State Legislature, or tenure Of any execu-
tive or judicial Office in any State, with subse-
quent engagement in insurrection or rebellion or
the giving of aid and comfort to any enemy of the
United States the taking of an oath, as mem
Der of Congress or officer Of the United States or
as member of any State Legislature, or as an ex-
GCuC1Ve Or OIuCG( VI any W SuppOII
the Constitution of the United States, with subse
uuent engagement in insurrection or rebellion T.
gainst, or the giving of aid and comfort to the en-
emies of the United States Upon these grave
questions, the Attorney General offers the follow
ing opinions but it will always be borne in mind
that the exclusion as to holding oficeis all compre
hensive as to time, and applies, not only to those
who were in Office when the rebellion commenced,
but to those who held the prohibited Offices at any
previous time, although they may have ceased to
hold such office an indefinite number of years prior
to the rebellion:
l. TREASON OR FELONY.
The commission of felony or the participation in
rebellion does not itself, work disfranchsement.-
1t must be ascertained by judgment Of court or
legislative act passed by competent authority; and
the disfranchisement depends on a conviction in
the courts either in the United States or of State
or on declaration of the laws of either. The
United States law does not work disfranchisement,
as q consequence of conviction of treason or con-
spiracy to commit treason nor in the ten South
en States is there any statute in force except per-
haps, in Virginia, which declares disfranchisement
by force of the act itself So that in this State,
dislunclisen,entt for treason or felony depends abso
hstely upon previous conuictioD of the offence IN
the State or the Federal Courts. '..s.
2 MEMBERS OF STATE LEGISLATURES AND MEM
BERS OF CONGRESS.
All members of Southern State Legislatures and
members of Congress who, afterwards, engaged in
nsurrection or rebellion, or gave aid or comfort to
the enemies of the United States, are clearly dis
franchised All members of legislative bodies
which passed ordinances of secession are disfran-
chised; but it is doubtful whether simple member.
amending the Constitution of q State, would, in
itself, work disfranchisement.
8. STATE, EXECUTIVE OR JUDICIAL OFFICERS
All militia officers, as such, are not disfanchised
as they are not included in the terms executive
dom from disfranchisement refers only to the class
of militia officers who were such prior to the re-
bellion, and not to that class who became military
officers during the rebellion, who are liable to dis
franchisement on conviction of participation in it.
The Governor, Lieutenant Governor, State Audit
or, Treasurer, Secretary and State Officials proper,
who exercise functions at the seat of government,
and State Judges of courts whose jurisdiction ex-
tends over the United States are disfranchised;
but the Attorney General is not prepared to say
that only the foregoing come within the term Sex
ecutive and judicial officers.
Municipal officers, such as officers of cities, towns
villagesand subordinate municipal divisions, Wheth-
er their functions executive or judicial Or both,
are not, as such, disfranchised.
In addition to those officers before mentioned,
who clearly do or do not come within the term OF
the act as to judicial or executive officers there
remains vast number Of officers whose status is
underlined. These are known as county, township
and precinct officers. The Attorney General is
collecting information concerning this class which
includes shers and justices of the county courts,
and will issue further opinion with regard to
them.
All other executive and judicial officers who are
not, in popular language, characterized as county
officers do, in the opinion of MIR. Stanbery, come
under the disqualfying clause.
Persons who exercise or exercised special or oc-
casional public duties, are not included as State
officers and as such as the following are, therefore,
not disfranchised commissioners of public works,
directors of State asyums visitors Of State unyer
stes State directors of banks or other corporations
special commissioners or agents appointed by State
authority, to perform special duties as examiners
of banks, Notaries Public, and Commissioners Of
Deeds.
4 OATHS OF OFFICE.
F. Any person who has taken an oath of Office to
support the Constitution of the United States and
disfranchised This clause, as far as the executive
or judicial officers Of State are concerned, does
not enlarge the class subject to disfranchisement
because the officer breaking the oath must also be
90 judicial or executive officer of State, accord
ing to the rule hereinbefore mentioned. Thus a
militia officer or Notary Public, who had taken
the said oath, would not be disfranclised under
this clause, because he is not held to be State
judicial or executive officer.
| All officers of the United States, both civil and