The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-28
ATTORNEY GENERAL STANSBERRY'S
o P MO N
ON THE
Reconstruction Laws.

WASHINGTON, May 25.-The Attorney General
has prepared the following opinion upon the
clauses Of the Reconstruction Act with reference
to voting and holding Office. The provisions rela-
tive to the powers and duties Of the commanding
officers ETC., will be considered in future opinion:
ATTORNEY Y-GENERAL's OFFICE,
May a. 1867. !
The President:
SIR I have the honor to state my opinion upon
questions arising under Act March g. 1867, entitled
an Act to provide for the more efficient government
of rebel States, and an Act Of March 2Sd 1867, en-
tied an Act to provide for the more efficient
government of the rebel States" upon which ques-
tions the military commanders OF districts in which
these States ore comprised, have asked your In
stTuchons. .
may be thus stated: "Who are entitled to vote and
who are disqualified from voting at elections pro.
vded for or coming within puryiew OF those nets e
in the fifth section Of the original act and declares
tho qualifications and dsqualhcations OF voters
for an election to be held for delegates to the pro-
posed constitutional Convention in each State and
for an election to be held for the ratification OF the
Constitution that may be framed by such Con-
yention.
That section provides that delegates to such
convention shall be elected by male citizens OF
said State, twenty-one years old and upward OF
whatever race, color or previous condition, who
have beenresdent in sad State for one year pre-
vious to the day OF such election, except such as
may be disfranchised for participating IN rebeihon
or for felony at common law, and that the same
qualifications 80 required for the election Of oe!e
fcaton. The proviso to this section also excludes
from right to vote for. delegates 20 convention
every person excluded from the privilege OF hold
ing office, by an amendment Of the Constitution OF
the United States proposed by the Talrty Ninth
Congress. and known ss article fourteenth.
The sixth section proceeds, that until people OF
said rebel States shall be by law admitted to rep
resentation in the Congress Of the United States,
shall: be deemed provisional. only, and IN al! re.
spects subject to the paramount authority OF the
United States, at any time to abolish, modify, con-
troll or to supersede the same, and IN all elections
to any Office under such provisional governments
all persons shall be entitled TO vote, and none
others who are entitled to vote under provisions
of the fifth section Of this act and no person shall
be eligible to any Office under any such provisional
governments who would be disqualified from hold
ing office under provisions of third article,
Section - Of said constitutional amendment:
It's to: be; observed here that qualifications OF
voter are by fifth section limited to election OF
delegates: to the convention and to question Wheth,
er such Convention shall OF shall not be held and
that no qualification is declared for delegate 30
to be elected but by sixth section same qualifca-
tons as to voter arc required in all elections to
any Office under the existing provisional govern
ments during their continuance and as to ehgiblll-
ty at such elections certain classes are excluded
The first section Of supplemental act provides that
"the commanding general in each dietrlct shall
cause registration be made Of male citizens OF
the United States twenty-one years OF age and up
ward residents in each county or parish In State
or States included in his district, which registras
tion shall include only those persons who are quail
fed to vote for delegates by original act. The per-
son offering himself for registration is also re-
quired to take an oath tor convenience. !, now
divide into paragraphs or sections, preserving as
near as may be language Of act. He must swear or
affirm as follows.
First. That he is citizen of the State, and has
resided in said state for - months, next pre-
ceding day when he takes, oath, and tuat be now
resides in the county Of - or in parish Of = in
''i Second That he is twenty-one years old. .
Third. That he has not been dsfranohised for
participation in any rebellion or civil war against
the laws Of any State or Of the United States
Fourth. That he has never been member OF
any State Legislature nor held any executive or
judicial Office in any State. and afterwards engaged
in insurrection or rebellion against the United
States, or given aid or comfort to the enemies
thereof -
Fifth. That he has never taken an oath as q
member of Congress Of the United States, or as an
sss g Rs States
Of any State to support the Constitution, OF: tho
United States; and afterwards engaged IN lnsur-
yection or rebellion against the United statess or
given aid and comfort to the enemies thereof -
Sixth. That he will faithfully support the Con-
sttution: and obey the laws Of the United States,
snd WILL to the best OF his ability, encourage
others so to do.
completion of this registration in any State, and
after OF least thirty days public notice OF the
times and places which the commanding general
shai appoint and direct, ,an ELECTION shall be held
for delegates to the convention and rule Is given ven
the appointment OF these delegates in proper civil
subdivisions giving to each sub: division repre-
sentation in tho ratio of the registered voters
The third section provides that at the election
r delegates Sa sTb
f6r ad elestion 10 ratify the constitution thatmay
be framed by the delegates, and the right to vote
at this election is confined to persons registered.
The sxh section provides that a ELECTIONS sct aha II
during the operation Of such act be by ballot and
all officers making said registl alton Of voters aud
|ioohdqeting Esaid election shall, before .enser!ng
prescribed by the act of July I'd, 1862, entitled
Dan act To prescribe an oath Of Office"
The first consideration which requires my atten-
ton upon the question ss to the right to vote.
arise upon the regulation ot voters; anestops OF
qualification or disqualification is fixed by regis
| tration. No power is given to any other board or
any other authority. after registration ls COM
pleted. to change the registry. Persons whose
names are admitted to registration, are entitled to
vote subject to the limitations hereinafter men
toned and none others. This registration must
be completed before the first day Of September,
1857.
The functions of the board as a board OF regis
tration cannot be extended beyond that fixed time,
but after that the duties which remain to be per-
| formed by the officers composing this board are
limited to holding and experimenting elections,
| and making proper returns to the commanding
etnerals This brings 1s to the direct question who
are entitled to registration 1st. As to citizenship
and residence. No person is entitled to vote who
shall not be resident Of the State for one year
previous to the day If election. 1t s not necessa,
nv that this PREVIOUS residence for year should
exist ct the time the person applies for registra-
ton. A person in all other respects entitled TO
vote is entitled to registration, although ne has
not at that time been resident OF the state ior
| full year. For we. find that IN the supple.
mental act that the oath as to residence does not
require the applicant to swear that ne has been
resident for year but only requires him to state
| the number of months Of his residence, contem.
plating period less than as well as tull term OF
twelve months. Therefore, as to such person 30
" to be held, that the time Of his residence,
counting from the day Of election does not cover
an entire year, he cannot vote at such election Tor
this supplemental act does not, as to residence,
expressly provided by it, to regulation, that it
shall include only those who are quahhed TO vote
by the original act. To carry out the purposes OF
the law in this respect as to residence, the Board
OF Registration should note opposite the name OF
tho person whose residence has not extended to
the full term, the exact time OF his residence as to
citizenship.
The qualification stated in the original act is
citizenship Of State, but by the first clause OF the
first section in the Supplemental Act, the regis
traton is to be made Of male citizens OF the Unit
ed States, and as to oath the applicant is only re-
quired to swear that he is citizen OF the State
sm Of opinion that the phrase citizen OF the State
as used in the oath, is intended to include only
such persons as arc citizens of the United States
and citizens Of the State, and that an alien who
has not been made citizen of the United States
board Of registration have only authority to ad-
minister the present oath, they cannot require
any further oath or proof as to citizenship; and II
oil alien, who is not made citizen of the United
States takes the oath he takes it ut his peril, and