The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-06-08
SchOHeld ON stan nbery.

Since Mr. Stanbery has published the views
which result from his long incubation of the
reconstruction acts, it will no longer be a mat
ter OF regret that the obligatory force of the
Attorney Generals opinions, as committing
the Government to a particular line of con-
duct, is very much questioned. Lawyers are
wont to insist upon a strict construction to
save clients whose delinquencies have brought
them clearly within fair Interpretation of a
criminal statute. But when the lawyer is at
the same time politician and an office-holder,
the construction he would authorize becomes
not only strict but absolutely destructive, re-
ducinp the robust frame of the law to the last
stages of attenuation.
Hence in considering the disfranchising
clauses of the reconstruction acts Mr.. STAN
berry is seemingly vexeds by "thrice fourteen
thousand legal DEVILS" painful uncertain
ties" and narrowing perceptions of the stupid
ity of Congress by turns arise to plunge him
into profound detection or distressing mental
perplexities. Soon the ghost of a constitution
al objection confronts him as, whining, cap
tious and reluctant he executes the ungrateful
task assigned to him. Even when he remem-
bers that his duty is 'simply one of construc-
tion," the phantom will not down at his bid
ding. Its reappearance is marked by that i'll
natured paragraph in which he speaks of the
disfranchising clause as Retrospective, penal
and punitive"
That we may not appear too presumptuous
in disparaging so eminent an authority, we
would call attention to the fact that the At
torney General excepts from the operation of
the disfranchising clauses the lower grades OF
executive and judicial officers because only
members of Legislative bodies are forbidden to
vote. To quote his own language:
AS therefore, the exclusion of the legislative
department has effect only upon the highest
class in that department, it is safe to say the
same policy of exclusion attaches rather te
such officers as exercised functions OF impor
tant trust in the executive and Judicial de
partments than to those whose duties ant
| functions are merely limited and subordinate
| This construction is not a fair one, for al
| persons, and not the "highest class" alone, wht
! were members of legislative bodies are dis
franchised by theterms of the act Of Congress
| if it appears that they afterwards participated
| in the rebellion.
These views of the Attorney General are
based upon the erroneous assumption that the
intent of Congress in p..ssing the act for the
more efficient government of the Apel states
was ito enable the people of taaase States ="
frame constitution by the exercise of suf
frage." This plainly was not the object OF para.
mount Importance. 1t waste secure tothe loyal
people of the South the control and direction
Of public affairs and to effect this, the constitu-
tions already existing there, are to be over
thrown. So at least, thinks Gen. Schofeld,
who, in his order for the instruction of the
boards of registration in Virginia has overruled
the opinion of the law officer of the govern
ment, with all its black letter learning and c-
tation of obsolete authorities. He directs the
boards to exclude from the registration all per-
sons whom the language of Congress plainly
intends to exclude. M
His views differ from those of Mr.. Stanbery.
in another very important particular. The
latter insists that when a person applies to
the board for registration, the power of the
board is confined to the administration of the
prescribed oath, and if the applicant takes
that his name must go upon the registry" He
| would not permit the inquiry whether the ap-
! plicant has sworn falsely or not, to be made.
| The effect of this doctrine would be to make
the prescribed classes at the South voters at
their own option, for the Attorney General
| also holds that there is no provision anywhere
to erase name which appears upon the regis
ter. Whether the apprehension of pros
ecution for perjury would be likely to deter
them from taking the oath may be inferred
from the conduct of the Maryland rebels un-
der analogous circumstance. They were in
structed by Reverdy johnson that it would be
perfectly justifable to regain their lost ascend
ency by false swearing, and they have done so
| accordingly.
| Happily Gen. Schofeld conceives that the
law requires the qualifications of candidates
| for registration to be determined by other eyi-
| dence than their own oaths. Accordingly he
has devised methods by means of which at.
| tempts at fraudulent registration may be fol l.
ed. Other witnesses beside the applicant may
be examined upon oath respecting the past
record of persons who would have their names
placed upon the registry. 1t is gratifying to
be assured that the jesuitical reasoning of a
crafty lawyer is not to be permitted TO render
| powerless the expression Of the Congressional
will Mr.. Stanbery has attempted to legislate
tor himself, while Gen. Schofield merely pro-
| poses to execute the law in good faith.