The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-27

OPINION 0T TIE ATTORNEY.GE,
~E.ty. rCGN THE REC0NSTRvC.
TloN ACES.

WA~m>aruN, May 25.-Thc Attorney
General has prepared the following OPT
Mon upon tic clauses of the reconstruc-
,,on act with reference to voting and hold
ing Office. The provisions relative to the
duties and powers of comma nding officers,
etc, vii be considered in future opinion :
ArroRxEY. GENERALS OFFICE,
May -, lSU1.. !
. the President:
Sir,-I have the honor to state my OPT
MON upon the questions arising under the
aet OF March ?, 1867, entitled can act to
.nov.de for the more efficient government
IL the rebel States" and the act of March
~. l>67, entitled "an &C: supplementary
10 an act entitled an act 10 provide for the
more efficient government Of the rebel
safes" Upon which questions military
commanders ot districts in which these
States are comprised have asked your in
>tructiou>.
The first and most important Of these
questions NAV hc thus stated Who are en-
titled 10 vote aud who are disqualified from
voting nj elections provided for or coming
within the purvicw Of these acts The
&r>t provision upon this subject is TO be
found in the ifth section Of the original
act, and declares the qualifications and dis
qualifications Of voters for an election to
tn held tor delegates 80 proposed consti-
tutiuual convention i'm each State, and for
The election 20 bc held for the ratification
OF constitution that may he framed by
such convention. That section provides
that delegates 10 such convention shall be
elected by tie male citizens of said State
twenty. one years old and upwards, of what
ever racs, color, or previous condition, who
have been resident in said State for one
wear previous 10 TIE day Of such election,
except such as may bc DISTINGUISHED for
participation In the rebellion or for felony nj
COMMON law; that the same qualifications
So required for the election OF delegates
shall also be required upon the election
for the ratification. This pr0vSo 10 this
section also excludes irSm the right to
vote Tor DELEGATES To 4 convention every
person excluded from the privilege OF
holding office 10y an amendment 10 the
Constitution Of the United States proposed
ty the TGIrty-uiuth Congress and known
rs article fourteen.
The sixth section provides that" until the
law admitted 10 representation in the Con-
ggy>S Of the United States, any civil GO
yerument> which NAV exist therein shall
b" deemed provisional only, and in all re-
>pccts subject To the paramount authority
Of the United States at any time to
abolish, modify, control, or Supcrsede the
same. and in all elections To any office
under such provisional governments, all
persons shall bc entitled to vote land none
others who are entitled TO vote under the
provisions of the fifth section Of this act
and no person shall be eligible 10 any of
ice under any such provisional govern
mcnt who would be disqualified from hold
ing office under the provisions Of the third
article Of the said constitutional amend
mvnt.'
Ii is to hc observed here that the quail
tc4tiuus OF a voter are, by the fifth section,
limited 10 tho election of delegates 10 the
convention. and 10 the question whether
such convention shall or shall not be held,
aui that 10 Q.'a jGcation is declared for
delegate 50 10 be elected. But by the
sixth section the same qualifications as to
% voter are required IN all elections to any
,tt.c nader the existing provisional 60
ygrumeut, during their continuance and
eos 80 eligibility at such elections, certain
classes are excluded.
The first section of the supplemental
act provides that the commanding general
in each district shall cause registration
10 made Of the male citizens OF the United
States twcu'y-nua years Of age and up
wards. resident in each county or parish in
the Stale or states included in his district,
which registration shall include only those
person, who are qualified 10 vote for dele
Earas 10y the original act. The person
Offering himself for registration is also re-
lulrci 10 take ali oath, which, for conve-
Aieucc, / Dow divide into paragraphs or
SECTIONS, preserving, as near as may be,
The language Of the act. He must swear
ur affirm a> follows:
Fist. That he is n citizen Of the State
and has resided in said State for -
u,utLs next preceding the day when he
lakes the oath, aud tnat he now resides IN
the county Of -, or in the parish Of
-, in said State.
Second. That he is twenty one years Old.
Third. That he has not been distran-
G. SEED for participation in any rebellion or
civil war against the United States, nor for
felony committed against the laws OF any
State or Of the United States.
Fourth. That he has never been men,
lrr or any State Legislature, nor held any
executive or judicial Office in any State,
aai afterwards engaged in insurrection OF
rebellion against the Uui,rd States, or
given aid or comfort 20 the enemies
l.,e0t
Fifth. That he has never taken an oath
81. a member of Congress of the United
states. or as an officer otthc United States,
orr as a member Of any state Legislature,
o.. as An executive or judicial officer of
any STATE. 10 support the Constitution OF
III. uitcd States, and afterwards engaged
ia ip.urrcction or rebellion against the
uitcd States, or given aid and comfort 10
any enemies thereof.
Sixth. That lie will faithfully support
the Constitution and obey the laws Of the
uitcd States, and viii 10 the best OF his
ability encourage others to do 50.
The second section OF this act provides
that after the completion of this regiStra-
ton in any State, and after at least thirty
days notice uf the time and places which
tie commanding general shall appoint and
direct, an election shall be held Tor dele
gates to a convention; and rule is given
TO fix the number Of delegates 10 be
elected, and the apportionment OF these
delegates in proper civil Sub-divsiOpS,
giving 10 each subdivision representation
In ratio Of the registered votes.
The third section provides that at the
election for delegates registered voters
Shall vote for or against q convention.
The fourth section provides for an cleo
-. >, u.,;C,. ,I. constitution that NAV be