The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-06-04

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struction act with reference to voting and hold
ing Office. The provisions relative to the duties
and powers Of commanding officers, etc, will be
considered in future opinion:
ATTORNEY GENERALS OFFICE,
Washington, May 9th, 1861 !
THE PRESIDENT: Sir-I have the honor to
state my opinions upon the questions arising
under the act of March I'd, 1867, entitled "An
act to provide for the more efficient government
of the rebel States" and the act of March 23d,
1867, entitled Gan act supplementary to act
entitled an act to provide for the more efficient
government Of tie rebel States" upon which
questions military commanders of districts in
which these States are comprised have asked
your Instructions
The first and most important of these ques-
tions may be thus stated: Who are entitled to
vote, and who are disqualified from voting at
elections provided for or coming within the pur-
view of these acts The first provision upon
this subject is to be found 10 the fifth section of
the original act, and declares the qualifications
and di>quaIecatons of voters for an election to
be held for delegates to proposed constitu-
tional convention in each State, and for the
election to be held for the ratification of con-
sttuton that may be framed by such conven-
ton. That section provides that delegates to
such convention shall be elected by the male
citizens of said State twenty one years old and
upwards, of whatever race, color, previous
condition, who have been resident in said State
for one year previous TO the day of such elec-
ton, except such as may be disfranchised for
participation in the rebellion, or for felony at
common law that the same qualifications so
required for the election of delegates shall also
I,a rad 4 ba oil Ihan
ton This provision to this section also ex-
cudes from the right to vote foI delegates to a
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, aud known as
article l4th
The sixth section provides that until the peo-
pie Of the said rebel States shall be by law ac-
United to representation in the Congress of the
United States, any civil governments which may
exist therein shall be deemed provisional only,
aud in ali respects subject to the paramount
authority Of the United States at any time to
abolish, modify, or control or supersede the
same; and in all elections to any Office under
such provisional governments, all persons shall
be entitled to vote (and none Others who are
entitled to vote under the provisions Of the
sixth section of this act, and no person shall be
eligible to any Office under any such provisional
government who would be disqualified from
holding office under the provisions of the third
article of the said constitutional amendment.
1t is to be observed here that the qua6ca-
tions of voter are, by the 5th section, limited
to the election of delegates to the Convention,
aud to the question whether such Convention
shall or shall not be held, aud that no quafca-
ton is declared for delegate SO to he elected
But, by the 9th section, the saue qualifications
as to voter are required in all elections to aEy
flee under the existing provisional governments
during their continuance, and as to the egi5ll-
lty at such elections certain classes are excluded
The lst section of the supplementary act pro-
vides that the Commanding General in each
district shall cause registration TO be made of
the male citizens Of the United States twenty
one years of age and upwards, residents in each
county parish in the State or States included
in his district, which registration shall include
only those persons who qualified to vote for
delegates by the original act. The person offer
ing himself for registration is also required to
take oath, which for convenience | now
divide into paragraphs or sections, preserving as
near may be the language of the act. lie
must swear or affirm as follows:
| First That he is citizen Of the State, and
! has resided in said State for months next
| preceding the day when he takes the oath, and
| that he now resides in the county Of OF
in the parish of -, in said State
| Second. That he IS twenty-one years old.
! Third. That he has not been disfranchised d
! for participation in any rebtl tllon or civil wal
against the United States nor for felony com
mltted against the laws Of any State or Of the
United States.
| Fourth. That he has never been member o
any State Legislature, nor held any executive
or judicial Office in any State and afterwards
engaged IN lnsurrectloa or rebellion against the
! United States or given aid or comfort to the
| enemies thereof
! Fifth. That he has never taken an oath as
member of Congress of the United States or as
an officer of the United States, or as membc,
of any State Legislature, or as an executive OF
judicial officer of any State, to support the Con
/ stitution of the United States and afterwards
engaged in insurrection or rebellion against the
United States, or given aid aud comfort to any
enemies thereof
Sixth That he will faithfully support thc
Constitution and obey the laws of the UuiteC
States, and will, TO the best of his ability, en-
courage Others to do so.
/ The second section of this act provides that
after the completion of this registration in any
State, and after at least thirty days notice O
the time and places which the commanding
General shall appoint and direct, an election
shall be held for delegates to a convention, anc
a rule Is given to fix the number of delegates tc
! be elected and the appointment of these dele
gates 10 proper civil sub divisions, giving te