The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-05-30
Opinion of Attorney General Stanberry

WASHINGTON, May 25
Attorney General Stanberrys opinion on he
clauses of the reconstruction act on The subject
OF voting and holding office, is made public
The opinion as to the powers of the command
ing generals will be given hereafter As to
the original act he says:
The qualifications of voter are, by the fit h
section, limited to the election of delegates to
the convention, and to the question whether
such convention shall or shall not be held and
that no qualifications as to voters are required
in all elections to any office under the existing
provisional governments during their contin,
uance ; and as to the eligibilit at such cleo
tions, certain classes are excluded.
As to the supplemental act, he says:
The question Of qualification or Disqualified
ton is fixed by registration. No power is civ
en- to any other board or any other authority
after the registration is complete, to change
the registry. The persons whose names arc
admitted to registry are entitled to vote, sub
IJect 10 the limitations hereinafter mentioned
ana no others. This registration must be com
pleted before the first of September 1861 The
functions of the board of registration cannot
be extended beyond that fixed time, but after
that time the duties remaining to be perform
ed by the officers composing the board are linn
lte9 10 holdlng and experimenting elections,
ana making proper returns to the command
ing general. This brings us to the direct uues-
ton, Who are entitled to registration?
First, as to citizenship and residence No
persons are entitled to vote who shall not be
resident in the state for one wear previous ia
the day of election. 1t is not necessary that
this previous residence for one year should ex.
ISL al the time the person applies for repist
| ton. A person in all other respects entitled
TO vote Is entitled to registration, though he
mao not at mat time been resident for a
| lull year, Tor we find in the supplemental act
| that the oath as to residence does not reonire
the applicant to swear that he has then been
a resident for year. but only requires him ia
state the number of months of his residence.
contemplating period of less than, as well as
the tuIl term OF twelve months Therefore as
| 10 such person, so registered if it happens af
any election subsequently to be held That the
Tune OF his residence, counting from the dav
! OF election, does not cover an entire wear he
cannot vote at such election for this supple.
| mental act does not, as to residence, change
| the provisions OF the original act, as it is i'm
plictly provided by it as to registration that if
snail include only those qualified to vote by
| the original act
| 10 carry out the purpose of the law in this
| respect as to residence, boards of registration
| should note opposite the name of the nerson
whose residence has not extended to the tuII
! term, the exact time OF his residence and his
cltlzenShlp. The qualification stated in the
original act, is citizenship OF the state. but bv
the first clause of the first section in the SIM
Elemental act, the registration is to be made
OF male citizens OF the United States; and as
to the oath the applicant is only required to
swear that he is a citizen of the state [ am of
Inc opinion That the phrase citizen of the state
as used IN the oath, isintended to include only
euch persons as are citizens of the United
states, and that an alien who has not been
made citizen of the United States cannot
safely take the oath, but as boards of rgeistra
Ulon nave only authority to administer The
oatn, they cannot require any further oath as
TO citizenship, and if an alien who has rot
oeen made citizen of the United States, the
odth lie takes Is al his peril, and is subject TO
prosecution for perjury.
second. AS to age, no one is entitled to reg
lStratlon who Is not at least twenty-One wears
OF age when he applies for registration In
MS respect the qualification as to age differs
from the qualification as to residence. and the
iact that The applicant has attained his ma
Jority must exist at the date Of registration
and his residence to the day of the SUBSEQUENT
election.
Ihlrd. As to disfranchiSement, the fifth sec
ttol vi the original act denies the right to vote
10 sueh as may be DISTINGUISHED for mart Trina
non IN rebellion or felony at common law -
Inc words here uSed-'in the rebelIion,,
must be taken to mean the recent Relation .
ouI Tue supplemental act enlarges the disouaI
iHcatioh ana requires The applicant to swear
that he has not been DISTINGUISHED for nortic
pation in any rebellion or civil war s,roinst
Tile united States, nor for felony committed
against the laws of any State or the United
States The mere fact Of such participation
Ut conlniSslOn, does not OF Itself work as dis
reimbursement. 1t must be ascertained bv fbe
Judgment of a court or by legislative act I
am not aware OF any law of the United States
which works Acknowledgement as to the rich
or suffrage, by force of the act itself: nor does
Such consequence follow from conviction for
treason OF any other act of participation in the
rebellion. The provision in the constitution
OF the United States does not declare what
snail be the punishment on CONVICTION of trpa-
son rms Is left for Congress with the limit
atlon that corruption of blood shall not follow
as consequence OF any forfeiture eyceDt 6u-
rug the lie OF the party. Congress in The ex-
eTclse OF It's power has limited such punish-
ineht on conviction to the penalty of death or
imprisonment, and by manumission of slaves
owned by the party, and to disoualifca fion
from holding any office under the TTnited
states. l am not advised of anv statu+a nov
IN force, In either of these ten States event
perhaps, Virginia, viii III declares disfrancbiie-
ment as 10 the right of suffrage. bv force Of
the act Itself The original act contemplates
dlsirancnlsement arising from participation in
rebellion, whereas disfranchisenn6t nndar|
the 4th and 9Th clauses of the sunnje,nan+o
olil does not arise Il ON such participation. but
otner elements must concur; that il, the hold
ing of certain offices, or the taking oF on ofi-
cial oath by certain officers, and Afterwards
participated in the rebellion against the mi
ted States. There is no doubt that members
OF state legislature and Congress are rIeariv
enough designated. A state convention foyr
framing an amendment to q state constitution
though clothed with legislative power cannot
properly be called a state Legislature and in
the acts now under consideration a convention
aud legislature are expressly DISTINGUISHED
from each other Tor they require the c0nstitu-