Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-29
orlN1ou OF. ATTORNEY GENERAL.
TCoNCLUDED.] !

must construc it to be prospective, and not |
retroactive Otherwise it would take the |
character of on &C post .facto law. There
fore, in the absence Of any language which it
gives tho Act retrospect, | do not hesitate
tosay it cannot apply to past offences.
this military bill to establish new criminal
code The authority given is to try and pun
ish criminals and offenders, aud this proceeds
npon the idea that crimes and offences lave
been committed; but no person can be called
criminal OF an offender for dong All act
which, when donc, was not prohibited by law.
But, as to the measure of punishment, |
regret to be obliged to sly that it is left alto,
s,ethcr to the military authcritics, with only
this limitation, that the punishment to be in
hictcd shall not be cruel or unusual. The
military commission may try the accused, fix
the measure of punishment, even to the pen
atty of death, aud direct the execution ef the
sentence. 1t is only when the sentence affects
tho life or liberty" Of the person that it
need be approved by the commanding gcncr-
al, and only in eases where it affects the life
Of tho accused that it needs also the approval
of the President.
As to crimes or offences against the laws Of
A the United States, tho military authority can
.ass take no cognizance of them, nor in any way
Interfere with tic regular administration Of
Justice by the appropriate Federal Courts.
K. In tho opinion heretofore given upon other
questions arising under these laws, | gave at
large for your consideration the grounds upon
which my conclusions were arrived at intend
ing thereafter to state thcso conclusions in n
concise and clear summary. | now proceed
: to execute that purpose, which is made cspc.
cially necessary from tho confusion and doubts
which have arisen upon that opinion in the
public mind, caused in part by the errors of
the telegraph and tho press in its publication,
andin part by tho inaptitudc of the general
reader to follow carefully tho successive and
dependent steps of Il protracted legal opinion.
SUMMARY.
WHO ARE ENTITLED TO REGISTRATION
]. The oath prescribed in the Supplement.
tai Act defines all the qualifications required
and every person who can take that oath i.
entitled to have his name entered upon tho
list of voters.
2. The board of registration have no au
2s thority to administer any other oath to Tho
person applying for registration than this pre-
scribcd oath nor to administer any oath t.
any other person, touching the qualifications
of the applicant, or the falsity of the oath 81
taken by him. The Act, to guard agains
falsty in the oath, provides that if false, th
person taking it shall be tried and punishc,
for perjury.
No provision is made for challenging tn
qualifications of the applicant, or cnterin
upon trial or Investigation of his qualifications
either by witnesses or any other form Of proof
8. as to citizenship and residence.
The applicant for registration must be
citizen of the State and of the United States
and must boa resident of county include
in the election district. lie may be rcgistc
registration, but nc b,fiti5ssn fer period lc
ton unless his citizenship hos nco ev;or5 +
to the full term of one wear. As f. sunh
person tho exact length of his citizonsh
should oc noted opposite his name on the lis
~ 'nae IL may appear on the day of ccctio,
upon reference to the list, whether tho f.,
term has then been accomplished,
f' An unnaturalizcd person cannot toll
!hls oath, but an alien who has been notnro
Hea can take it, and no other proof of not,
fallzatlon can be required from him.
.. NO one who is not twcnty-onc wears
"SE at the time of registration can take IN
oash' Tor he must swear that he has ilcn ,t
taincd that age. '''' '''''' at
.: No one who has been disfranchised 70
p"i1tc'patlon IN any rebellion against the Uni
tea States, or for felony committed ooainst th.
laws of any State OF Of the Unitcd Statos W, w.,
safely take this oath. '"'
Inc actual participation in !. sci!lon, or
the actual commission .of ielony, docs not
amount to sfrancLaement. The sort of dis.
franchiscmesy hero meant, is that Which is
declared by law passed by competent authori-
ty, or which has bccn fixed upon the criminal
by the sentence of the court which tried him
for the crime
No law of the United States has declared
the penalty of disfrancllscmcnt for participa
ton in rebellion alone. Nor is it known that
any such law exists in either of these ten
States, except perhaps Virginia, as to which
State special Instructions will be given.
Z As to diyranchiscn,cnt urisin1 fym
tn 'cbcNion
This is tho most important part of the oath,
and requires strict attention to arrive at its
meaning, deem it proper to give the exact
words Tho applicant must swear or affirm
as follows
"That have never been member Of onv
State Legislature, nor held any executive Or
judicial ofiicein any State, and afterwards en-
gagged in an insurrecton or rebellion against
the United States, or given aid or comfort to
tho enemies thereof; that have never taken
an.oat ~ as member of Congress of the Uni
ted States, or as officer Of the United