Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1867-06-04
The Attorney Generals Opinion.

Ihe Attorney General, MIR. StanSbery, has
published his opinion on the construction to be
placed on the military registration and election
act. As the opinion of the Attorney General
is very long, occupying seven or eight columns,
and as it is not very clear, and is calculated to
confuse the reader, we have concluded, in lieu
of the document in full, to publish the follow
ing carefully prepared abstract, for which we
are indebted to the Enquirer, believing that
the abstract would be more generally read and
better understood than the Attorney General S
| opinion in full:
REGISTRY.
l. The registry of voters once made is fxed
and unalterable The vote of person whose
name is on the register, shall not be disputed,
| it he has been twelve months citizen.
2. A citizen may register, if he has not been
resident twelve months, in the State his
! right to vote to commence when that term of
| residence shall be completed
5. But no one may register unless twenty
| one years of age on the day he offers himself
4. An unnaturalized alien may not register
| 5. The registration must be concluded be-
fore the lst- of September next.
A citizen, therefore, who might be twenty
| one years Of age on the lst of September, may
not register, and cannot vote at any election
subsequently held under the act
DIsFRANcHIsEMENT.
l. No person has been disfranchised, or is
to be SO considered, as the penalty of any law of
Congress or of a State whether the law refers
to participation in the late secession or to felony
until there has been trial and conviction
Though the fact of such participation or COM
mission be true, it counts for nothing until as
certained by the Judgment of a court or by a
legislative act passed by competent authority
who have been members of Congress, or of a
State Legislature, or of such State Conventions
as passed ordinances ofsecession, (none Others
Those who have been military OF civil officers
of the United States and taken, as such, an
oath to support the Constitution. Those who
have been Governor, Lieutenant Governor, Au-
ditor, Treasurer, Secretary, or other State Off
cia exercising executive functions at the seat of
government. Those who have held judicial Of
fees whose jurisdiction extended over the whole
State. All these classes are disfranchised if,
after their official tenure, they engaged in, or
gave aid and comfort to the late War.
WHO ARE NOT D1sFRANcHIsED.
Those who have been officers of the military
OF the State, are not disfranchised.
The officers Of cities, towns, villages or other
municipalities, no matter what their functions
may have been.
The officers of State legislatures, not mem
bers.
tors of State Asyfums, Visitors of State Univer-
sites, Directors of Penitentiaries, State direc-
tors in banks, and other corporations, special
commissioners or agents, notaries public, and
commissioners to take Acknowledgements Of
deeds.
The Attorney General declares himself unable
to decide the following, without further delibe-
ration: Whether or not those who have been
county, township, and precinct officers" are
prescribed such as justices Of the county courts,
sherlfts, and we suppose clerks and constables
The Attorney General, in passing, very timid-
act Of Congress imposing the penalty of dis
franchisement on citizens who held certain of
fees perhaps many years ago, for deeds not
thus punishable when performed, is ec post tacto
In its nature. But this, though fatal to the act
in every just and legal view, he naturally dis
misses as a matter of no moment as times now
go, and taking it as granted that things are
all right, he proceeds to measure out the con-
traband pains which the act inficts.
''ENGAGING"
The term "engdge in insurrection, does not
apply to cOnscrlpts, who are presumed to have
been forced Persons are to be considered as
thus engaging, even though not entering the
army, if they held any office whose duties had
relation to the support of the war; such as Con-
federate Congressmen, members of the Legisla-
lures or Conventions during the war, and Con-
federate diplomatic agents. Officers, whether
judicial Or executive, engaged in the preserva-
ton of order, and enforcing the civil law, are
not thus embraced.
No inquest is to be made into the past senti-
ments of any applicant for registry. He is not
required by the oath to purge himself of dis
loyalty" either of opinion or of expression; but
only of any direct overt act'' done with intent
to aid in the war; after holding office, &c. Nei-
ther do the terms laid and comfort apply to
the payment of Confederate taxes, or obeying
the Confederate authorities during their supre-
macy Nor do they include acts of common
humanity and charity. But voluntary contri-
buttons TO Confederate loans, or to the organiz-
ed supplies of food or clothing or other articles,
except to hospitals, are to be classed with acts
of aid and comfort.
Any person applying for registry must neces-
sarily be received on his rendering the proper
oaths. 1t is not allowed to question the truth
of it, or to oppose it with other evidence. The
registers are bound to record his name, and at
the election, to receive his vote The only re-
dress for fraud is in prosecution for perjury
before the courts