The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-06-01

Synoptical Statement of the Opinion of
the Acknowledgement upon the Clauses
of the Military Acts Referrilg'to Y0k
ing and Holding Office.
The following is synoptical analysis of the
opinion of Attorncy-Gc Stanbcrry, wl,ieh
will be found i'll full in another column: Il
REGIsTnATloH
1st. Qualification or disqualification is fixed
by registration.
I'd. No power is given to any other board Of
any other authority after reg istration is COM
plctcd, to change the registers and persons
whose names arc admitted to registration are
entitled to vote and none others. -
Sd. The registration must be completed be-
fore September ] 1867. At that time, the
functions of the board as u board Of rogistia-
ton cease, and after that, its duties arc limited
to holding and experimenting elections and
making the required returns. @
QUALIFICATIONS FOR REGISTRATION,
l. One ycay's residence IL The ,G"tc at the
time Of registration IS nit "rrrS<0,y; but if33a
person who has been duly registered has notht
the holding of amy subsequent election beeea
resident Of the State for one year, counting
from the day Of that election. the person 81
registered cannot otc at such election.
2. by the acts. the qualification to rcgls.sr:a
tion is citizenship Of the United States and Of
the State; the phrase being intended 10 III
cludc only such as are bo:h citizens OF the
United States and Of State. Aliens E,t ciii-
=cns OF the United States: cannot safely take
the required oath but Tic Loo.u c/' r,Ji>t,.u-
tion haze onIy aufhorHy to administer tie pre-
scridcd ooM and cannot require further proof,
so that an alien not citizen may take The oath
at his peril and subject to prosecutions
3. No person is entitled to registration who
is not twcnty-onc years of age on tie 0ay Mot
he uplics /1r rcy,s'rotion.
Observation-Disclosures
Under the Military acts the following causes
work disiianchisc,ncnt Treason or Inarticipa-
ton i'll rebellion; commission or Il felony
membership of any State Legislature, or tenure
of amy executive or judicial Office in any State,
with subsequent engagement in inSurrccton or
rebellion, or the giving of aid and comfort to
any enemy Of the United States the taking OF
| an oath, as member of Congress or officer of
the United States or us Il member of any State
Legislature, or as an executive or judicial officer
| of'any State to support the Constitution of the
United States, with subsequent engagement in
| insurrcction or rebellion against, or the giving
OF aid and comfort to the enemies of the
United States. Upon these grave questions,
| the Attorney General offers the lollown" opin-
ions; but it will always be borne in mind that
the exclusion as to holding office is all conrrc-
hcnslvc rs to time, and applies, not only to
those who were in Office when the rebellion
commenced, but to those who held the pro-
hbltcd offices at any previous time although
they may have ceased to hold such office an in
definite number Of years prior to the rebel
| lon
]. TREASON OR FELONY
The commission Of felony or the partcipa-
tion in rebellion docs not of itself work dis
| tranchiscmcnt. 1t must be asccrtaincd by
Judgment Of court or legislative net passed by
competent authority; and the disfranchiscmcnt
depends on conviction in the courts either of
| the United States or Of Il State. or on \ dccla-
| ration OF tho laws Of either The United
States laws do not work dslranchiscmcnt. rs n
| consequence Of conviction of treason or con
spiracy to commit trcuson nor i'm thc ton
Southern States is there any statute in force
except, perhaps, in Virginia, which declares
disfranchiscmcnt by force of the act itself So
that in this State, diJI"nchiscmcu ./o,. treason
or felony depends absolutely upon a precious con-
rici'on cfMe c0cnce IN Mc ,Stotc or tie Federal
| Courts.
2. MEMBERS OF STATE LEGISLATURES AND
MEMBERS OF CONGRESS.
All members of Southern State Legislatures
and members of Congress who, afterwards, en-
gagged in insurrcction or rebellion, or gave aid