The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-05-29

W. L. Sims, Union.
j. NJ. Allen, Grcenville.
The Opinion of the cAttorney-Genern1
upon the Reconstruotfoh Acts.
WASHINGTON, May 25.-Thc Attorney
General has prepared tho following opinion
upon the clauses of the Reconstruction
Act with reference to voting and holding
office. The provisions relative to the d,i-
ties and powers OF commanding officers.
etc., will lie considered in future opinion:
ATTORNEY GENERALS OFFICE,
May "a, 1867.
70 the President have the honor
to state my opinion upon the questions
arising under the Act OF March 2, 1867 en-
titled AN Act to provide for the more
efficient government OF tho rebel States"
and tho Act Of March 23, 1867, entitled
AN Act supplementary to All Act entitled
AN Act to provide for the moro efficient
government OF the rebel States.'" Upon
which questions military commanders of
districts IN which these States arc COM
prised have asked your instructions.
The hrst and most important of these
questions may be thus stated: Who are
entitled to vote and who are disqualified
from voting at elections provided for or
coming within the purview of these Acts?
The first provision upon this subject is to
be found i'll the fifth section Of tho origins al
Act, and declares tho qualifications and
to be held for delegates to o proposed con-
etltutional convention in each State, and
tor the election to be held for the ratifica-
tion OF constitution that may bo framed
by such con 'ention. That section pro-
vides that delegates to such convention
shall be elected by tho male citizens of said
State twcnty-one years old and upwards,
or whatever race, color or previous cOndi-
ton, who have been resident in said State
FOR ono year previous to the day of such
election, except such as may be disfran-
chised for participation III tho rebellion or
for felony ut common law; that the same
qualifications 80 required for tho election
OF delegates shall also be required upon
the election for the ratification This pro
v.so to this section also excludes from the
right to vote for delegates to convention
every person excluded from the privilege
OF holding Office by an amendment to the
Constitution of the United States proposed
by the thirty-ninth Congress, and known
a- article fourteen.
The sixth section provides that ''until
the people OF the said rebel States hall be
by law admitted to representation in tho
Congress of tho United States any civil
governments which may exist therein shall
be deemed provisional only, and in all re-
epocts subject to the paramount authority
OK tho United States ut any time to abo-
i:sh. modify, control or supcrcede' the
=; same, ana III all elections to anv off;ca
under such provisional governments, all
persons shall be entitled to vote (and none
othors) who are entitled to vote under the
provisions of the fifth section of this Act:
and no person shall be eligible to any Of
fee uador any such provisional govern
Mcnt who would be disqualified from hold
ing office under the provisions of the third
article OF the said constitutional amend
.Ncrt.'
1t is 10 hc observed here that the qualili-
cations OF :. voter are, by the !ifih section,
mn tod th,. al ;N,, ,.t Il. L.
contcn.ion, and TO the question whether
such convention snail or shal! not be- held,
and that 10 Qualification is declared for n
delegate So 10 he elected. Iut by the sixth
section the same qualifications as to Il voter
;.:e required III ali elections To any Office
under hc visiting provisional governments
during thcir cont!n nance: and as to cli.i-.
l.lty ~ hutA elections, certain clahsc, are
excluded.
The f.-. section tf tlc s;,ppcm,ntnl
,c; provides that ;hc commanding general
t.: ricl. district shall cansc a rc::isiratinn
u he made or the male citizens OF the
IAitcd States twcnty-onc years OF age and
upwards, resident III eacl County or Parish
III the State or States included in his dis
;l.ct, which registration shall include only
hose persons who arc qualified to vote for
DELEGATES by the original Act. The person
tntr!aS himself ior rCgistra. ION is also ro-
Grirrd 10 take an CATH which for convc-
ncnce, l now divide into paragraphs or
a"ciione, preserving, a. near a. may b,.
&c language Of the Net. He n,ust swear
o. affirm as tollows:
1T. That he is 4 citizen IF The State and
has fcsiaedin said state f,r - .loatl.s
ext preceding the day when he takes tl.v
cath, and yiia; ~. now resides in th,.
County OF -, on IN tlc Parish Of -, in
said state
I'd. That he il twenty one wears oil.
sd. That hc has not been di,franchi..d
s1r participation in amy rebellion or civil
var against the CnitCd States, nor fo,.
ir!ony committed against the laws of any
state or of the tniicd States.
i'h. That lie has never been a member
O. any STATE Legislature, nor held any
executive OF judicial Office i'll any State,
and afterwards engaged in inaurrcction OF.
rebellion against The United States, or
gwen sit on comfort to the enemies
thereof
9th. That lc has never taken an oath {
. mcmbernf Congress Of the United States,
or as an officer "f the United States, or as
member of any State Legislature, or as
an executive or judicial officer Of any state,
10 suDport tIc Cons titIition OF the limited