The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-06-04
FROM wAszEIaGToN.
The Reconstruction ACt--AttOr-
Eny General stanbePy's opinion
..EnapOrtant document.
WASHINGTON, May 26

--InapOrtant Document.
WASHINGTON, May 26.
Attorney General Stanbery's opinion
on the clauses Of The Reconstruction Aot
on the subject of voting and holding Of
fees is made public. The opinion as to
the powers of commanding generals will
be given hereafter. As to the original
act, he says:
The qualifications of a voter are,aby
the fifth section limited to the election of
delegates to convention, and to the ques
ton whether such convention shall or
shall not be held, and that no quaiGea-
tions as to a voter are required In all !
elections to any office under the existing
provisional governments during their
continuance; and as to the eligibility at
such elections, certain clauses are exclu-
ded. 8ff a I'd
As to the supplemental he says:
The question Of qualification or dis
qualification, is fixed by registration; no
power is given to any other Board or any
other authority after registration is COM
pleted, to change the registry, of per-
sons whose names are admitted to regis
TRY, and are entitled to vote, subject to
| Limitation hereafter and no other. This
registration must Be completed before
Che first of September, 1867 The func-
tions Of the Board of Registration can
mot be extended beyond tia. fixed times
lbut after that time, duties that remain
| may be performed by officers composing
i this Board, who are limited to holding
and experimenting elections, and making
1 proper returns to the commanding Gen.
leral
This brings US to the direct question
who are entitled to registration? 1. As
to citizenship and residence. No person
lis entitled to vote who shall not be a
resident in. the State for one year pre-
vious to the day Of the, election. It's not
necessary that this previous residence for
ia year should exist at the time the per-
son applies for registration. A per-
lson in all other respects, who is entitled
Ito vote, is entitled TO registration, though
| he has not at the time been resident of
| the State for full year, for we find in
| the supplemental act that the oath as to
residence, does not require the applicant
to swear that he has then been resident
| for year, but only requires him to state
| the pumberaof months Of residence, con-
templating period less than, as well as
a full term of twelve months. s..l
! Therefore, as to such person so regis
| tered, if it happen at any election SUBJ
sequently to be held that the time of his
residence, counting from the day of the
ELECTION, does not count an entire year,
he cannot vote at such election, for this
supplemental act does not as to residence
3 change the provision of the original act,
as tits explicitly provided by it as to
registration that it shall include only
| those qualified to vote by the original
Iact. To carry out the purpose of the
law in this respect, as to residence. Boards
of Registration should note opposite the
name of a person whose residence has
not extended to the full term, the exact
time of his residence As to citizenship,
the qualifications stated in the original
| act is citizenship-of state, but by the
| FIRST clause of the first section in the
supplemental act the registration is to be
made Of male citizens of5the United
, States, and as to oath the applicant il
lonly REQUIRED to swear he Isl citizen o.
F the State.
l am of the opinion. that the phrase
"citizen Of the State" as used in the oatl
is intended to include only such persons
as are citizens of the United States; ant
shat an alien who has not been made l
citizen of the United States cannot safe
2 tly take the oath. But as boards of Reg
istration have only authority to admin
/, lister the prescribed oath, they canno
require any farther oath as to citizenship
$ and if an alien, not having been made
t citizen of the United States, takes tn,
: oath, he takes it at his peril, and is sub
ject to prosecution for perjury.
2. As to age, no one is entitled tc
registration who is net at easttwenty -on'
years of age. Only he applies for regis
$ tration in this respect: Qualification a
TO age differs from the qualification es tc
lresidence, and the fact that majority mus
exist at the date of registration, his re
lation, to-day, is of subsequent election
!. 8. As to disfranchisement, the fftl
. section of the original act denies tn
. right to vpte to such as may be diseran
g chised for participation in the rebellion
z OF felony at common law. The word
here used-in the rebellion on'-must b
taken to mean the recent rebellion; bu
the supplemental act enlarges the dis
= qualification, and requires the. applican
to swear he has not been disfranchise
: : for participation in any rebellion or civi
4 war against the United states, nor fo
I felony committed against the laws of an
State, or the United States. The. mer
y fact of such participation or commission
I does not, of itself, work as disfranehis
:" ment; it must be ascertained by jude
! ment of account or legislative act.
). i am not aware of any law of tn
Y United States which works disfranehise
= fment, as to the right of suffrage By fore
of tbe-act itself, nor does such conse
:. lqaence follow from conviction for trea
y son or any other act of participation i
81 the rebellion Tke provision in the Cor
stitutien of the United States does nc
declare what shall be the punishment 0
conviction of treason. That is left wit
Congress, with the limitation that tn
corruption in blood shall not follow as
consequence of any forfeiture, excel
during the5life ofathe party. Congress
in the exercise Of its power, has limite
~ tsuch punishmept on conviction to tt