Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-05-28
MIR. sTANBERRY'S OPINION.

I
Of voting and holding office, is made
public. The opinions as 70 powers Of
commanding generals, will be given
hereafter. As to the original act he
sayA Il,
The qualifications of voter are by the
fifth section, limited TO the election OF
delegates 10 convention, and the ques'
ton whether each convention shall OF
shall not be held, and that no qualiiica.
tons as to the voter are required. In all
elections for any officers under existing
provisional governments during their
continuance, and as to eligibility at such
elections certain classes are excluded.
As TO the supplemental act he says /:
The question Of qualification or disqual-
ification is fixed by registration. No
power is given to any other board or any
other authority, after registration is
complete, to change the registry. The
persons whose names are admitted to
registry are entitled TO vote, subject to
limitations hereinafter mentioned, and
no other. This registration must be
completed before the first of September,
1867. The functions of the board Of
registration cannot be extended beyond
that fixed time. But after that time
duties remain to be performed by the
officers composing this board, they are
limited to holding and experimenting
elections and making proper returns to
the commanding General This brings
us to the direct question: Who are
entitled to registration 2" First as
TO citizenship and residence; No person
is entitled to vote who shall not be res
ident in the State for one year previous
to the day of election. 1t is not neces-
sary that this previous residence for
year should expire at the time the per-
SON applies for registration. A person
in all other respects entitled to 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 res
idence does not require the applicant to
swear that he has then been a resident
for a year, but it only requires him to
state the number of months of his
residence, contemplating a period
less than, as well as for the full
term of twelve months. Therefore
as to such persons so registered if it
happen at any election subsequently to
be held that the time of his residence
counting from the day of election, does
not count an entire year, he cannot vote
at such election, for this supplemental
act does not, as to residence, change the
provisions of the original act, as it is
explicitly provided by it as to registra-
ton, that it shall include only those
qualified to vote by the original act 10
carry out the purpose of the lawn this
respect, as to residence, boards of regis
tration should put opposite the name OF
the person whose residence has not ex-
tended to full time, the exect time of his
residence.
AS to citizenship: The qualification
stated in the original act is as to citizen
ship OF the State. But by the first clause
of first section in the supplemental act,
the registration is to be made "of the
male citizens of the United States.
As to the oath of the applicant: He is
only required to swear that he is citi-
zen of the State
lst. / am of opinion that the phrase
" citizen Of the State" as used in the
oath, is intended to include only such
persons as are citizens of the United
States, and that an alien who has not
been made citizen of the United States
cannot safely take the oath. But as
boards of registration have only author
ity to administer the prescribed oath,
they cannot require any further oath as
to citizenship, if an alien, not made a
citizen of the United States and takes
the oath, he takes it at his peril, and is
subjected to prosecution for perjury.
I'd. As to age, no one is entitled to
registration who ia not at least II years
of age when he applies for registration,
In this respect the qualification as to age
differs from the qualification as to resi-
denee, in the fact that the majority must
exist at the date of registration and has
no relation to the day of the subsequent
Sd. As to Acknowledgement: The 9th
section of the original act denies the
right to vote to such as may be disfran-
chised for participation in the rebellion,
or felony at common law. The words
here used, sin the rebellion must be
taken to mean the recent rebellion. But
the supplemental act enlarges this dis
qualification and requires the applicant
to swear be has not been DISTINGUISHED
for participating in any rebellion or
civil war against the United States, nor
for felony committed against the laws of
any State or the United States The
mere fact Of such participation or COM
mission does not of itself work as dis
1t must be aseertained
by judgment of court, or by Legislative
act. | am not aware of any law
which works disfranchisement as to the
right of suffrage by force OF the act
itself; nor does such consequence fol-
low from conviction for treason or any
other act Of participation in the rebel
lion. The provision in the Constitution
of the United States does not declare
what shall be the punishment on con-
vietion Of treason. That is left for Con-
gress, with the limitation that corruption
Of blood shall not follow as conse-
duence OF any forfeiture, except during
the life of the party. Congress, in the
exercise Of its power, has limited such
on conviction, to the pen
atty Of death or imprisonment, and by
the manumission Of slaves owned by the
narty, and to disqualification from hold
ing any Office under the United
States. | am not advised Of any stat
ute now in force in either of
these ten States, except perhaps Vir-
ginia, which declares disfranchisement
as to the right Of suffrage by force Of the
act itself The original act contemPlates
Acknowledgement, arising from partici-
patton in q rebellion, whereas disfran-
chisement, under the fourth and fifth
clauses Of the supplemental bill, does
not arise from such participation, but