The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-28
aAlgggeaPss9Ag aAlgass!Ag GAshEQAty Ash "a Is 32IIhIsSDERRYS IIhIsS
. p I N 10 N
ON THE
! Reconstruction Laws.
IL ttlliisli III

II & JT'lG - oYffof~Hii ~ -" we
@,1slis sHt1atsAil
wAsnINoToS, May 25.-Tho Attorney General
has prepared tho following opinion upon the
clauses of tho Reconstruction Act with reference
to voting and holding Office. Tho provisions rcla-
tive to tho powers and Duties of tho commanding
officers, otc, will DO considered in future opnon
ATTORNEY GENERALS OFFICE,
I =, =, ''.i. May "a, 1867 I
SIR: have tho honor to stato my opinion upon
questions arising under Act March ., 1867, entitled
Of rebel Stntos, and Act of March 2Si, 1867, chi;
Titled An Act supplementary to an Act cnti-
tied an Act to provide for tho moro efficient
government OF tho robcl statos," upon which qucs-
sss 'SS Sms ssssSa IN yonl Ts @
structions.
The first and most important of thcse questions
mny bo thus stated "Who nro entitled TO vote and
who arc disqualified from voting at elections pfff
The rst provison upon this subjoot is to bo found
in tho nth sectioI of Tho original net and declares
s,.ss .ss s5s ss5
for election to be held for the ratification or tLc
Constitution that may bo framed by sucl Con-
yGntion. 'r," -
That section provides that delegates 10 such
convention shall bo elected by mllo citizens of
whatever rnco color or previous condition, who
havp boen resilent IN 80 d State for one YEAR pro-
yious TO the day Of such election, except such M
or for felony ut common hw, and that :the same
qualifications 40 required for tho election or dee-
:ntos shall also DO required upon oection for rati-
iicaton. The pre- iso to this section also excludes
from right to vote for delcgates to conyention
over, ,ptrson excluded from It'd privilege oflhoid-
tho United states' proposed by ihe Thirty Ninth
Congress and known rs article fourteenth. J
saa HhS fcSa s5 sssss sssSR ID
any 8iIi eoScfnmonts which my @ EXIST eass iboreini ssi
ss Ss sas aHa al u o
United States, at my time to abolish, modify, coi
troll or to supergcde tho same, and in antelottions
-all persOne shalt be entitiod to vote, and nome
others who arc entitled to vote under pr6vialnns
Of the iith section Sf this sct and No person shall
governments WHO would be disqualified from hold
aag sngston office under ProSiso9s Of, third aStcle
II is to bo- observed hero that aunlifIcst,ons OF
voter aro by iftb s6cti6n iImited to ELECTION Of
Sesgates to the convent t2 question Wheths
TINT no qualification is declared for delegate 30
to:bo elcctQd. but by sixth section aao quslihca-
tions rs to voter required in all elections to
m6ns aSrs fhcr eohsihSasaes md as 70 6iriSii
~ 9t such eicctions certain cnsses arer excluded
The first section Of aippioontol net provides that
" the commanding general IN each district shall
cause registration TO bo made OF male citizoha OF
tho United States twenty-onc years Of ago and pItt
or States included in his district which reaistra-
ton siiall include hnly thosc persons who artquali-
ed to goiO for dSayetss BY aet The
qnired to taka pp oath tor conyGniencn, now
divide into paragraphs Or 'accticns, preserving as
ns;4m nss5 a. may ba! Ho swear
rc;, fEs That he is citizen of the State and
fssdsss ssdRs a Ia sh SeGn eSnnts b sto eh @ e %
Hseeond fhst he Is twenty Ono yoafs old. Srs.
participation in nny rebellion Of oi7ilwar ofainsti
RsE % sSo sstsa
any State LessauIo As nor aoiei held pGSS euse
sass s s|sS ss sSss$'R &
is s gAst Il sslss b he sns ssP n
g ~ Sss 81 1sasi
rection or rebellion against the United, states, Or
gwen aid and comfort to the bnemics! thereof :.
atithtion and obey tile lawn of the United States
others 30 to do. 'E's 80 - fttf.I
Second section of this act provides that aft tho
completion OF this registration in any State, and
alt5r Mt 1east thirty, days public notice Of tho
times nc, and places which tho commanding gdnoral
sa1 appo atSa4d: direct; AN election ahall bs held
for delegates to tho contention and fuo Is giyon
to fix the number Of delegates 10 be elected, and
sub,diyisions, giving TO each SUBJ yision repro
sentation III tho ratio OF tho registered voters ~
Thetthird section provides TINT at tito election
against Convention fho fourth section provides.
for nm election to Iatify tho constitution that may
be framed by tho delegates, aud the right to voto
The sixth section provides that ali eiecti5ns in
the States mentioned in said original aet shall.
al 2BRRs 2Rssa Eli 1sSh es Ss Ra Rs and ad
conducting said election shall, before entering
10 sSs act o. jpy 2a 1882
The first consideration which requires my alton
tion upon the question as to. tho right to vets,
qualification or disqualification is 'axai ny rogis-
any other: authority: hitiY fpgSttatioh IS eo,n=
'ES sgs sned aGsS &c
!ionei nad 'hdHs6a,sip. : TsB ssissaIshl must must
IE67. ;
Tho functions of tho board as board OF regisf
tration cannot be extended beyond that hIed time.
but after that tho duties which rem ain to bio P0r-
formed by tho officers composing this boafd arc
limited 70 holding andt experimenting, elections,
ps tSa M a H. 70 aIsss IS Mg
fS Gaa EoSsse sno IL 3 g soo %p
sGs s es Fig s fo5 ySsr
ry TINT This previous residence FOR year should
edit At tht atnS ythsl perso apDiies t3irtgistra
ton. person in all other respects entitled to
voto is entitled to registration, although -he hth
not nt that timo been roaident OF tho 6tate foy
| q full year. For wo find thnt in the supple
mental act that the oath as to residence docs not
geaf Sly f R$ oaaa
| tho number OF months Of his residence, conteIr-
plating parod less than as well as full term of
| twelve moi.tis; Therefore, rs 10 suoh q person 30
~ to .be held that tho. tmo of. his' reSidolios.
counting from the day OF election, docs not cover
an ontirc 5eai. ..Ue cannot sQta at eurh election for
change tho provisions Of tho original act, as 1t. s
shall ipclpdo only those who aro qualified 70 yoio
by tie original carry ont tio purposes OF
oinSsiifi tiol 9hoaii npts bpp5site. thep IN Mans Of
| the person whose residence has not oItepded TO
tee full tern thee1ncttime OF hs,roaidenco ns ID
cittzohHhip.
Tho qualification stated in tho original let is
frat section in tue Supplemental ACT. The regis.
trnton is TO- be made Of mala citizens pf tho Unit
ed StatoB, and ns to oath tho applicant iB only IN;
qnired to swear that lie is citizen OF the S,ate.
nm of opinion that thephraso citizen Of tho State,
l,as pBod in Tho oath, 10 ntendod- to Include only
such persons aB aro oi'iaonB OF the UDited States
and citizons Of tho State. and that an nlon who
thas'not boom mttfo citi2m Of tho United State
Court cannot safoly take tho oath-bnt rs the
minister tho present oath, they cannot require
any frthor oath proof rs to oitlzonship; and il
All alien, who is not mado citizon Of tho United
States takes the oAt, IIo takos 10 At his por and