The New York herald., 1867-06-23
THE PRESIDENTS ORDER.
Directions 10 the Military Com
manders at tho South.
The Attorney Generals Opinion Accepted as
the Practical Interpretation Of the
Reconstruction Act.
The Southern Commanders Ordered
to Conform Thereto.

WAR DErARnxST, ADyUrASr GENERALS OPPfcE !
WASHINGTON. June 20. 1867.
Whereas, several commanders OF military districts
created BY the acts OF Congress- known tho
sructon acts have expressed doubts as to the
construction thereof, and interpret some OF their
powers and duties under said acts and have applied
the executive for information relation Ihereto and
Whereas tho said Of Congress boon referred
to the Attorney General for his opinion thereon and
the said acts and the opinion Of the Attorney General
have becn fully and carefully considered by the Pros
dent In conference with the heads Of the respective
departments tho President accepts the following
practical Interpretation OF the aforesaid acts of Congress
the points therein presented and directs the same
obe transmitted TO tho respective military command
for their information, in order that there may be
uniformity In the execution OF said acts:--
Fyrst-The oath prescribed in tho Supplemental act
defines all the qualifications required and every person
who can take that oath is entitled TO have his name
entered upon the list OF voters.
Second-Tho Board OF Registration have no authority
than this az OATH nor -
any oath 10 any person touching the qualifications OF
the applicant the fasy OF tho oath akon by him.
No provision Is made for challenging the qualifications
OF the applicant entering upon any trial nvestiga
tion OF his qualifications either by witnesses or any
Tird-As 10 Citicenship and Rcsidence-The applicant
FOR registration must be citizen OF the State and Of
the United States and must be resident OF the county
or parish included Ia the election district He may
be registered If he has been such citizen for period Of
less than twelve months at the time no applies for regis
citizenship has then extended to the full term OF
year. As to such person the length OF his citi-
that 1t may appear the day OF election upon refer
ence 70 the list whether the full term has then been
accomplished.
Fburth-An unnaturalized person cannot take this
oath. An alien who has been naturalizcd take II.
and no other proof Of naturalization can be required
FVM-No one who 10 twenty lone years Of age at
the time OF registration can take the oath for no must
swear that he has then obtained that age.
Sirth--No who has been dlsrranchised for pa
tcpaton 10 any rebellion against the United States FOR
felony committed against the laws OF any State or of
the United States, take the OATH The actual par
tcipati0n in q rebellion the actual commission OF
felony does not amount to disfranchlsemen The sort
clared by law passed by competent authority which
has been fixed upon the criminal by the sentence Of the
TnsS States has declared the pena Of
mont for anticipation In rebellion alone IL known
that any such law exists in either Of these ten States
except, perhaps, Virginia, a. 70 which State SPECIAL
Ssvsnf1-Ass tie digrancasemens arisng from Aarino
is the most important part Of The oath, and requires
strict attention 10 arrive 1t its meaning The applicant
must swear or afnrm - foows:-
ture hsld any executive Judicial oncs any State
&, n. s ds n AZ s e . e.
Ia q . z" q
sasSas,s adisia o'sr s:!s supper. ihs
rsSsoa .ssin: he uaiied states svsa
Two elements must in order 10 disqualify per-
under these classes. First the office and Official
second engaging afterwards in rebellion. Both must
exist 10 work disqualification and must happen 10 the
order n%s msn.onsS sn j psrson ~, .eo ns, bold an
tion and has not afterwards engaged in rebeon not
dsaaaltaed 80. 700, person who has engaged IN re-
bellion, but has not hereofcre held an ocs and taken
that oath, 10 not disqualified
kigAM-Otieers Of hs United stass.-As to those the
any time prior 70 the rebellion held any ofcs civil Of
military under the United Sates and has taken ON
cal cath % support The constituton Of the United sate
Ni-NIitsry officers or any State prior 70 the rebel.
Tsnss-Huncipsi ofscsrs-shst s 70 ssy ofcsu or in.
corporated ctes towns and viilagsa such mayors,
aldermen town council police and other city or town
been members Of the Congress Or the United States o.
cation. But those who have been members Of convep-
tions, framing amending the constitution OF State
pVs %ce"A the executive or Judicial ocsrs q sny
State who took an oath 70 support the constitution Of
the United States arc subject TO disqualification incud
ing county officers They subject 10 disqualnca
they required 70 take, part Of their Official
OATH the oath support the constitution Of the United
TAirteemfa-Psrsons who exercised mere employments
under the state authority are not disqualified, such as
70 ay out roads, Commissioner Of public
institutions examiners OF banks. notsres public, COM
| mssIoners TO take acknow wedgments Of deeds
dsquallfy him from voting First the oice held prior
to the rebellion, and afterwards participation the
rebellion. An act 10 az upon person the offence Of
engaging in the rebellion under this law must be an
and voluntary act, done with the intent Of aiding
or furthering the common unlawful purpose person
paramount authority which he could not safely disobey
and who would not have entered such service IL left 90
the free exercise OF his own w cannot be held 70 DO
| DISQUALIFIED from voting.
Fyeena-As the proposition Is stated. mere acts Of
object OF such charity and done in aid OF the ca
in which he may have been engaged, do not dsquay
but organized contributions OF food and clothing for the
general relief OF persons engaged in tho rebellion, and
not OF merely sanitary character, but contributed to
enable them to perform their unlawful object, may be
classed with acts which do dIsquafy Forced contrbu-
the rebel cause In the form OF taxes military
assessments which person compelled 10 pay or
% 40 ss. no sa osec,
arise from the voluntary loan OF money to rebel
authority the purchase Of bonds securities created
to afford the means OF carrying on the rebellion will
s,1ten-An those who. In legislative other Official
mon unlawful purpcss whero the duties Of the Office
necessarily had relation TO the support OF the rebol on
such as members Of the rebel conventions Congresses
edsracy, and other officials whose Offices we're created
for the purpose OF enecualy carrying hostili-
rebel cause. must BE- held 70 dsqusfy Bps oScsrs
who during the rebellion discharged Official duties not
incident 70 only uutcs As DclonK even 10
state Of peare and necessary 70 the prcserva-
ton OF order and the administration OF law, not 10
bs considered as thereby engaging n rebellion or As
thies would not disqualify but where person has BY
speech writing melted others TO engage in rebellion
he must come under the disqualification.
Seveneenh1he Dslfics Of ue Board Appointed 70 sn
peri~tnd the ELfions The Board, having tho custody
OF the list OF registered voters In the district for which
Is constituted must see that the of the person
Offering 70 vote 10 found upon the registration iis ana
u such proves TO DC the FACT s The duty me pcara
10 receive his vote II then qualified BY residence They
not upon the list though he NAV be ready 10 take the
registration oath, and although be may satisfy them
that he was unable 10 have his name registered az the
proper time in consequence OF absence, sickness or
other The Board cannot enter into any inquiry @
10 the qualifications OF person whose name - nos on
person whose name is on the List.
E,gheenth-The mods Of voting nprovded ~ tne sct
TO be by ballot The board will keep record and poll
book OF the election, showing the votes list OF voters
and the persons elected by plurality o. tne votes oss'
at the election and make returns OF these 10 the com
manding general Of the dstrict.