The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1867-05-31

- N@O~A0AA ~A0SN
The long expected opinion of Attor-
ney General Stanberry upon the recon
struction Act has been published. The
document is of great consequence, be-
cause all proceedings under the Recon
struction Act will, in the absence of any
other authorstiye construction, conform
to this opinion which becomes esseuti-
ally an instruction in the execution OF
the act. The opinion declares that un-
der the original and the supplemental
act the qualifications prescribed are
limited to the elections for delegates to
the conventions, and to the elections
whether the conventions shall be held
or not; and that the whole question of
disability is determined by the registra-
tion there being no authority to change
the registry. Those who are registered
may vote; those who are not registered
cannot vote. The registration itself
must be closed by the first of Septem-
Der. As to who are entitled TO be reg
istered, he decides that lack of one
years residence does not exclude from
registration, though it will from voting
at any election previous to the compile
ton of the year of residence. The re-
quirement of ''citizens of the State" is
construed as meaning the adult male
citizens of the United States. An al
len, no matter how long a resident of
the State, cannot be registered, though
if he takes the oath he must be regis
tered, he taking the peril of prosecu-
ton for perjury. No person is entitled
to be registered who is not of the full
age of twenty-one years at the time Of
registration.
The classes of persons who are dis
franchised, and cannot lawfully take the
oath of registration, may be thus stated :
l. Those who participated in the re-
bellion, and who before the war held
Office and had sworn allegiance to the
United States. In this class he emu
merates all members of Congress; all
members of the State Legislatures; the
Governors, Lieutenant Governors, Au-
ditors, Treasurers and Secretaries of
State; and all persons who, as execu-
tive or Judicial officers of the State, had
taken the oath to support the Constitu-
ton of the United States. All desert
ers from the army and navy of the
United States are also disfranchised from
voting and cannot lawfully take the oath.
Those who participated in the rebel
lion and before the war were militia of
fcers, were members Of Constitutional
Conventions, municipal officers, subor-
.5inste officers of the Legislature, coun-
ty,town and precinct officers; those eG-
ercising special duties as Commissioners
of Boards of Public Works. Directors
of State Asylums and Penitentisries,
Visitors of State Universities, and State
Directors of Banks, are not disfranchis-
ed because of these Offices from voting,
and may take the oath.
2. AL persons who, during the re-
bellion, acted in any official capacity
where the duties of the Office necessar-
iIy had relation to the rebellion, such
as members of the rebel Congress and
rebel conventions, diplomatic agents Of
the Confederacy, and those other officers
whose duties appertained more especi-
ally to the support of the rebel cause,
are disfranchised. Officers in the rebel
States who performed duties not incl
dent to the war, but in the preservation
of order and execution of the law, are
not disfranchised.
Participation in the rebellion, con-
templated by the act of Congress, is
voluntary, and some overt act, beyond
the expression of disloyal sentiments,
must have taken place to disqualify the
person. Voluntary contributions IL
furtherance of the rebellion, subscrip-
tons to the rebel loan, and organized
contributions of food and clothing OF
supplies, except for sanitary purposes
are to be classed as disqualifying acts.
| The oath prescribed by the act is The
only oath that can be administered. L
the person take it, his name must go or
the registry the Board of Register
cannot inqnire as to the truth or falsity
of the oath. At elections the duty o
the Board is to receive the votes of al
persons registered, and to reject all 9th
ers.
This opinion of the Attorney Gener
al will admit to registration, and, con
sequently, voting, very large Dnmbe'
of persons who were generally supPos
ed to have been disqualified by the Re
construction Acts, but he has evidently
= construed these acts fairly, according t
the rules of legal Interpretation, and i
the disqualifying clauses are not broae
enough, it is not his fault, but the faul
of the act themselves.
How 90 Build a Monument.
A correspondent of the Boston Adger