Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-31
lion Of the Attorney General ON the
Right of Suffrage.

Right OF Suffrage.
We published yesterday, in full, the
elaborate opinion of Mr.. STANBERY upon
the right of suffrage in the Southern States
under the Reconstruction Acts of Con-
gress In the few remarks which the want of
time and hasty perusal onlypermitted usto
make, we expressed some dissatisfaction at
the incompleteness of the opinion. After a
second reading we are even more dis
satisfied than at that time. We had hoped
that the publication of the carefully pre-
pared opinion of the Chief Law Officer Of
the Government would have relieved the
conscientious citizen from all doubt, espe-
cially as the Attorney General most emphati-
cally declares, and one of the few points une
quivocally decided, that the Board of Re
gistrars has no power to refuse the citizen
who applies to take the oath thus making
him the Judge in the matter, answera-
BILE only to the proper tribunal in case OF
perjury. Such dubious expressions as 81
am inclined to think, 81 cannot bring
myself to the conclusion" was not expect
ed and will not satisfy the great majority
of our citizens who are embraced in the
Mr.. STANBERY or in the acts of Congress,
so far as the great mass of the people are
concerned, the effect is the same.
We are glad, however, that the Attorney
General promises to clear up these doubts
when the abstracts are prepared for the
several States, which will exhibit all these
officers and the duties which appertain to
them. We trust he will not delay in pre-
pairing these abstracts, for the present
opinion is almost devoid of general practi
cal Importance, as nine out of every ten
persons, about whose status under the acts
there was doubt, are left in the same I'M
certainty as before.
The following are the points decided
voters
LIST. The question of qualification or dis
qualification is fixed by registration.
Cd. All persons whose names are on the
register are allowed to vote, and no author
ity exists anywhere to change the register
after it is completed.
Sd. The registration must be completed
before September LIST, 1867
AS to who can register, Mr.. STANBERY
decides
LIST. AS to residence. A years residence
is required to cote but not to register. A
person can register whether he has been a
resident of the State year or less, but he
cannot vote, unless he has been a resident
for one year upon the day of election.
I'd. AS to citizenship. Citizenship of
the United States, as we'll as of the State, is
required as a qualification of voter But
of this the register cannot judge, and an
alien can take the oath at his peril and sub
iect to prosecution.
3D. AS to age. Persons are not entitled
to register unless they are twenty-one years
of age on Tie day they apply to register.
4th. As to Acknowledgement Disfran-
chisement for participation in the re-
bellion, refers to the recent rebellion, but
the mere fact of such participation in the
rebellion or the commission of a felony,
does not, Of itself, aCor& a ACKNOWLEDGMENT.
It must be ascertained by the Judgment of
Court, or by legislative act passed by
competent authority. Disfranchisement
of course follows a conviction in the Courts,
either of the United States, or of State,
or declaration by the laws of either
There is no law of the United States which
works Acknowledgement as to the right of
suffrage, by force of the act itself, nor does
such consequence follow from the con-
viction for treason, or conspiracy to COM
nit treason, OF for any other act of partici-
patton in rebellion. With the exception
of Virginia, there is no statute i'll force i'll
any of the ten States which are affected by
the acts of Congress, which declares dis
reimbursement as to the right of suffrage,
by the force of the act itself.
9TH. As to offices or officers comprehended.
Pessons who, prior to or at the time the re-
bellion began, held any of the following
offices, and afterwards participated in
the rebellion, are disqualified from vot-
ing Members of State Legislature,
members of Congress, members of Seces-
SlOu OOIlNCut1OuS, SONCIuOLS, oCCIOUdIACN VI
State, Treasurers, COMPREHENSIVE Judicial
| officers whose Jurisdiction extends over the
| whole State, and military and civil officers
of the United States.
Persons who held the following Offices
| whether they afterwards participated in the
rebellion or not, are not DISTINGUISHED -
Militia and Municipal officers, Commission
ers of Public Works, Directors of State
Asylums, Banks and Railroads, Trustees of
the Universities, Notaries Public and Com
missioners of Deeds.
The status of persons who were Sheriffs,
Clerks, Justices of the Peace and Consta-
bles, are not fixed, though the intimation
is strongly held out that they are not dis
franchised. The purpose of the law was
rather to exclude the heads of the great
departments of State, Legislative, Judicial
and executive, than to extend to the subor-
dinates. So far as the Legislative depart
ment is concerned the acts confine their