Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-05-27
BY TELEGRAPH.
MIDNIGHT DISPATCHES
FROM WASHINGTON.

WASHINGTON, May 70. attorney uen'
eral Stanberry's opinion on the clauses
of the reconstruction act on the subject
of voting and holding Office, is made
public. The opinion as to the powers oil
the commanding generals will be gwen
hereafter, AS to tho act, he says: The
qualifications of voter are, by the fifth
section. limited to the election OF delo-
gates to n convention and to the ques'
lion whether such convention shall or
shall not be held, and that no qualiliea-
tons as to voters are required in all
elections to any Office under existing
provisional governments during their
continuance and as to eligibility at
such elections certain classes are exelud'
ed. As to the supplemental, he says, the
question Of qualification or disquallhca-
ton is fixed by registration. No power
is given to any other Board or any other
authority after registration is completed,
to change the registry OF the persons
whose names are entitled to vote, sub
ieet TO limitation hereinafter mentioned,
and no other This registration must be
completed before the LIST ct September,
1861. The functions of the Board oil
Registration cannot be extended beyond
that fixed time, but after that the duties
tina, remain will be performed by the
officers composing the Board, and are
limited to holding and experimenting
elections, aud making proper returns to
the commanding General. This brings
us to tho direct question: Who is en-
titled to registration First, AS to
citizenship and residence, no persons
are entitled, who shall not DO resident in
State one year previous to the day OF
election. 1t is not necessary that this
previous residence for year should
exist at the time the person applies for
registration. A person in all other re-
spects entitled to vote, is entitled to
registration, though he has not at the
time been resident Of State for the full
year, for we find in supplemental act
that the oath, as to residence, does not
require the applicant to swear that he
has then been resident for o year, but
only requires him to state the number of
month"; of HIS residence, and if he
contemplated period less than, as
well as a full period of twelve months.
Therefore, as to such person so regis-
tered, If it happen at any election
subsequently to be held, that the
time of his residence, counting from the
day of election, does not cover the en-
tire year, he can't vote at such election,
for the Supplemental act does not as to
residence, change the provision of tho
original act as it is explicitly provided
by it us to registration, that 1t shall in
olude ouly those qualified to vote by the
original act to carry out the purpose OF
the law in this respect as to residence.
The boards Of registration should not
oppose tho name Of the person whose
residence is not extended to the
full term. The exact time of residence
as to citizenship and qualification,
as stated in the original act, is citi-
zenshlp of the State, but by the first
clause Of the first section in the supple
mental act, the registration is TO be
made Of male citizens of the United
States; and as TO the oath, the Appli-
cant is only required to say he is citi-
zen OF tho State. am Of opinion that
the phrase citizen Of the State, as used
in the oath, is intended 10 include such
persons as are citizens Of the United
States, and that an alien who has not
been made citizen Of the United States,
canno, safely take the oath, but as boards
of registration have only authority to adj
minister the prescribed oath, they cannot
require any further oath as to citizen
ship, and Il an alien is not made a eiii.
zen Of the United States, aud takes the
oath, he takes it at his peril, and is sub
ject to prosecution for perjury, and as to
age no one is entitled to registration who
is not at least tweniy-one years Of age,
only he spplies for registration IN this
respect qualification as to age differs from
qualification as to residence. As to dis
franehisenent the 9Th section Of The
original act denies the right 10 vote tc
such as may be disfrAnchisei for par
tcipaiou in the rebellion or fslOuy
at common Law, the words hers
ussd in the rebellion must be taker
10 uran the recent rebeiiion, but th'
supplensntSry act enlarges disguahica
ton, and requires the applicant TO sweai
that he has not been disfranchise'
for participation in any rebellion OF civi
var against the United States, nor 70
felony committed against any Law Of an
STATE OF the United Staies The uerl