The Van Buren press., 1867-06-07
Opinion Of Attorney General Stanbery
Explanation OF Congressional Acts of Re
construction.
WASHINGTON, May 90.


flee, is made public, The opinions as to
powers of commanding generals, will be
given hereafter. As 10 the original act
he says:
The qualifications of voter are by the
fifth section, limited to the election OF
, delegates to convention, and the question
whether each convention shall or shall
not be held, and that no qualifications as
to the voter are required. In all elections
for any officers under existing provision
al governments during their continuance,
and as to eligibility at such elections GER
tain classes are excluded.
AS to the supplemental act he says
The question of qualification or disquali-
fication is fixed by registration. No
power is given to any other board or any
other authority, after registration is com.
plete. to change the registry. The per.
sons whose names are admitted to regis
try are entitled to vote, subject to limita.
ton hereinafter mentioned, and no other.
The registration must he completed be-
fore the first of September, 1867. The
functions of the board of registration can
not 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 Gen
eral. This brings us to the direct ques-
ton: "Who are entitled to registration !?
First as to citizenship and residence: No
person is entitled to vote who shall not
be resident in the State for one year
previous to the day of election. Il not
necessary 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 en-
titled to registration though he has not
at the time been a resident of the State
for full year, for we find in the supple
mental act that the oath as to residence
does not require the applicant to swear
that he has then been resident for a
year, but it only requires him to state the
number of months of his residence, con
templating a period less than, as well as
for the full term of twelve months -
Therefore as to such persons SO register
ed if it happen at any election subsequent
ly to be held that the time Of his resi-
dence, counting from the day of election
does not count an entire year, he cannot
vote at such election, for this supple
mental act does not. as to residence,
change the provisions Of the original act
as it is explicitly provided by it as to
registration, that it shall include only
those qualified to vote by the original
act. TO carry out the purpose Of the
law in this respect, as to residence, boards
of registration should put opposite the
name of the person whose residence has
not extended to full time, the exact time
Of his residence.
As to citizenship; The qualification
stated in the original act is as to citizenship
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 reQnired to swear that he is citizen
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 can
not safely take the oath. But as boards
of registration have only authority to ad-
minister the prescribed oath, they cannot
require any further oath as to citizenship,
if an alien, not made a citizen Of the Uni
ted States and takes the oath, he takes it
at his peril, and is subjected to prosecu-
ton for perjury.
2d. AS to ageno one is entitled,to regis
tration who is not at least 81 years Of age
when he applies for registration. In this
respect the qualification as to age differs
from the qualification as to residence,
in the fact that the majority must exist at
no date Of registration and has no rcla.
ton to tie dag ofthe subsequent election.
Sd. As to dis" .":~anch:sement: The 9TH
section of the original act den.."s Tue right
to vote to such as may be dsiranch,@99ea
for participation in the rebellion, or felo
ny at common law The words here
used, " in the rebellion" must be taken
to mean the recent rebellion. But the
supplemental act enlarges this disqual.
ication and requires the applicant to
swear he has not been disfranchiseJ 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 commission does
not Of itself work as Acknowledgement
1t must be ascertained by judgment Of
court, or by legislative act. l am not
aware Of any law Of the United States
which works dsfranchisement as to the
right of suffrage by force Of the act it.
self nor does such consequence follow
from conviction for treason or any other
act Of participation in rebellion. The
provision in the Constitution Of the Uni
TOD Stotoe Iooc NOT 1ocloro what sholl u,