The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1867-06-12

Of .he opinion Of Attorney General Stan.
berry:
REGISTRATION.
1st. Qualification or disqualification is
fixed by registration.
I'd. No power is given to any other
board or any other authority, after regis
tration is completed, to change the regis
ters aud persons whose names are al
mitted to registration are entitled to vote
and none others.
81. The registration must be coTplsted
before Septem mher l, 1867. At that time,
the functions Of the board as board OF
registration cease, and after that, its duties
are limited to holding aud superint ending
elections and making the required re.
turns.
QUALIFICATIONS FOR REotsrRATtoN.
l. One years residence in the STATE at
the time Of registration is not accessory
but if person who has been duly regis,
tered has q OF a. the holding of any sub.
sequent election been residen, Of the
State for one year, counting from the dav
Of that election, the person 80 registered
canuot vote at such election.
g. BY the acts, the qualification TO
registration is citizenship Of the United
States aud Of the State; the phrase being
intended to include only such as afe both
citizens of the United States and Of a
State Aliens, not citizens Of the United
States, cannot safely take the required
oath; but the board of registration have
only authority to administer tie preseri6.
Ell oath and cannot require further proof,
30 that an alien not citizen may take
the oath at his peril and subject to prose,
cution.
8. No person is entitled to registration
who is not twenty one years Of age on the
day that he applies for registration.
D1sFRANcHIskMENr.
Under the Military acs, the following
causes work dIsfranchisement: Treason
or participation in rebellion commission
Of felony; membership Of any State
Legislature, or tenure Of snv. executive or
Judicial Office id any State, with subse.
quent engagement 10 instruction or re
bellton, or the giving OF aid and comfort
taking Of an oath. as a member of Con
gress or officer Of the United States or as
a member of any State Legislature, or as
an executive or judicial officer Of any State,
to support the Constitution OF tfe United
States, with subsequent engagement 10
insurrsction or rebellion against, or the
giving Of aid and Comfort ID she enemies
Of the United States. Upon these grave
questions, the Attorney General offers the
following opinions; but it will always be
borne in mind that the exclusion a. to
holding Office is all compreh ensi@o as to
time. and applies, not only to those who
were in office when :he rebellion com
menced, but to those who held the pro.
hibited Offices at any previous time, al
though they may have ceased to hold
such office an indefinite number OF years
prior to the rebellion.
!. TREASON OR FELONY. a
The commission OF felony or the Bar
ticipstion 10 rebellion does not Of itself
work disfrancbsement. II must be as.
esrtsined By judgment Of court or legis
lativs act passed by competent authority
and the disfrauchisement dspsnds on a
copviction in the courts either Of the Uni.
ted States or Of State. or on deciara,
ton Of the laws Of either. The United
States laws do not work dsfranchisement,
as consequence OF conviction OF treason
or conspiracy to commit treason nor in
the ten Southern States ia there any
statute in force except. perhaps. in Vir-
ginia, which declares Acknowledgement By
force Of the act itself So that in this
State, Acknowledgement for treason or tsio,
ny depends absolutely upon q previous
conviction of the offence IN the State or the
Federal Courts.
2. MEMBERS OF sTATB LEGISLATURES AND
MEMBERS OF coNaREss.
All members Of Southern State tepi.
latures and members Of Congress who,
afterwards. engaged in insurrsction or rs.
beilion, or gave aid or comfort to the
enemies Of the ULited States, are cieafly
disfranchised. All members ofIeeislative
bodies which passed ordinances Of seees'
zion are disfrancbised but It is doubtful
whether simple membership Of a conven-
tion held for the sole purpose OF amend.
ing the constItution Of y State, would, 10
itself, work disfsancbiserf,ent.
3. STATE, EXECUTIVE OR JUDICIAL OFF.
GERS.
All militia officers, as such, are not dis
frsnchised, as they are not included in the
terms executive and judicial officars Of a
State" But this freedom from disfran
chissmsnt refers oaly &c :hs c'ss. Of militia
officers who were such prior 20 the rebel
lion. and not to that class who became
military officers during the rebellion, who
are liable to djsfrsr chissment on conviu
ton Of participation iP it. The Governor.
Lieutenant-Gosernor, Stats Auditor.
Treasurer, Secretary and ssekts officials
proper. who exercise funezyouSw the seat
OF government, and State 1pdges Of courts
whose Jurisdiction exteadaRyer the Uni
- States, are disfrsa<HIssd but the
ktfskney General is notrsSbAred to say
a - l. - a II