The Portland daily press., 1867-05-27

To-day several witnesses summoned by the
Government in the case of John III. Surratt ar
rived here, and reported themselves at the once
of the District Attorney. Louis j. Welchmai,
one of the principal witnesses in the trial OF
the eonspirators has been here several DAYS.
District Attorney Covineton, ana MS assistant,
Wilson, will he aided in the prosecution by
Hon, A. j. Riddles, formerly OF Ohio, and
Judge Pierpont, of New YORK.
There seems to be some doubt as to the trial
being commenced Monday, and it is surmised
that the Government VIII abandon the charge
of murder or ask continuance of the case nm
til another Indictment can be found The do.
fence, represented by Messrs. Bradley and
Merrck, will insist on trial, and the Question
will be argued Monday, at any rate.
Attorney General Stanberry was examined
Two hours before the Judiciary Committee to-
day. He will leave for New York in a day OF
TWO to consult his oculist
Inc receipts from Internal Revenue for the
week were s., 450, 466.9O. ......
WASHINGTON, May 26.
Attorney General Stanberrys opinion on the
clauses OF the reconstruction act on the sub
Ject OF voting and holding office, have been
MADE public. His opinion as to the powers OF
tne commanding generals will be given here
ater AS to the original act he says:
Inc qualifications of voter are, by the 9TH
section, limited to the election of delegates to
convention and to the question whether such
convention shall or shall not be held, and that
no qualification is declared for the delegates so
10 be elected; but by the 9th section the same
quauheatlons as to voters are required in all
eiectons to any office under the existing pro-
Vlslonal governments during their continuance,
and as to the eligibility at such elections, GER
tam classes are excluded" -e. Ok.
AS to the supplemental bill, he says: The
question OF qualification or disqualification is
liked by registration. No power is given to any
other board or any other authority after regis
tration is completed to change the registry.
PERSONS whose names are admitted to register
are entitled to vote, subject to the limitation
hereinafter mentioned, and no other, This
registration must be completed before the LIST
of September, 1867. The functions of the
Board of Registration cannot be extended be-
yond that time. The qualification stated in the
original act is citizenship of the State, but by
the first clause of the first section of the sup
Elemental act registration is to be made of the
cltlzens OF thel United States and as to the
oath the applicant is only required to swear
that he is citizen of the State. 1 am of the
opinion that the phrase citizen of the State as
used In the oath, is intended to include only
sucn 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 Regis
tration have only authority to administer the
prescribed oath, they cannot require any fur
Their oath as to citizenship. And if an alien,
not made citizen of the United States, takes
this oath, he takes it at his peril and is subject
to prosecution for perjury. AS to disfranchise-
ment, the fifth section of the original denies
the right to vote to such as may be disfran-
chised for participation in the rebellion or felo-
ny at common law. The words used here, in
the rebellion, must be taken to mean the re-
cent rebellion; but the supplemental act en-
larges and requires the applicant to swear that
he has not been DISTINGUISHED for participation
IN any rebellion or civil war against the Unit
ed States, nor for felony committed against
the laws of any State or the United States
hA faa nf xxnh ftn.,,
mission does not of itself work as disfran-
chisement. 1t must be ascertained by the
Judgement OF Court, or legislative act, pass
ed by competent authority. Disfranehisement
for felony consequent on conviction in the
Courts, or declared by the laws, would be Ia
tai under this act. / am not aware of any
law OF the United States, which works disfran-
chisement, but after that, the duties which re-
main to be performed by the officers compos-
ing this Board, are limited to holding and SUI
perntending elections, and making proper re-
turns to the commanding General. This now
brings US to the distinct questionable is en-
titled to registration? First, as to their citi-
zenship and residence. No person is entitled
to vote who shall not be o resident in the State
for one year previous to the day of election
Ii is necessary that this previous residence for
year should exist at the time a person
applies for registration as aforesaid
A person in all other respects entitled to vote
is entitled to registration, although he has not
dJ butb blilc Dttu ID TeSlutub Vi Tile SlttUt lUT d
full year, for we find in the supplemental act
that the oath, as to residence, does not require
the applicant to swear that he has then been
resident tor. year, but only requires him to
state the number of months of his residence,
contemplating, a period less than as well
as full term of twelve months. Therefore,
after such person is registered, if it happens
apany election subsequently to.be held, if the
time of his residence, counting from the day OF
the election, does not cover an entire year, he
cannot vote at such election, for this supple
mental act does not, as to residence change the
provisions of the act as to its explicitly, provid
ed in it to registration, that it shall include
only those who are qualified to vote by the
original act To carry out the purposes of the
law in this respect, as to residence, boards of
registration should note opposite the names of
persons whose residence has not extended to
the full term, the exact time of his residence,
as to citizenship, as to the right of suffrage
by force of the act itself; nor does such conse-
quence follow from conviction of treason, or
for any other act of participation III the rebel
lion. That is left for Congress, with the limi-
tation that corruption of blood shall not follow
as a consequence of any forfeiture except dur
ring the life of the party. Congress, in the
exercise of its power, has limited such punish
ment, upon conviction, to the penalty of death
or Imprisonment by the manumission of the
slaves owned by the party, and to disqualified
ton from holding any Office under the United
States. L am not advised of any statute
now in force in either of these ten
States, excepting perhaps, Virginia, which
declares acknowledgements as to the right OF
suffrage, by force of the act itself. The origin
al act contemplates Acknowledgement arising
from participation in a rebellion; whereas, un-
der the 4th and 9TH clause of the supplement
tai bill, disfranchisement does not arise from
such participation, but other elements must
concur, i. e. the holding of certain offices, or
the taking of an official oath by certain Off
GERS, and afterwards participating in the re-
bellion against the United States As to
some officers there is no doubt the mem
bers of a State Legislature and of
Congress are clearly enough designated. A
State convention for framing amendment
to the State constitution, though clothed with
legislative power, cannot properly be called
State Legislature. And in the acts now under
consideration convention and legislature
are expressly distinguished from each other
for they require the constitution to be framed
by convention, and require the Legislature of
the same to adopt the constitutional amend
ment. When, then, in the same acts they
again use the phrase Legislature of the State
they must be understood to use it in the same
sense and as distinguished from a consttution-
al convention. But as to those Legislatures
which passed what are called ordinances of
secession, l am of opinion that their members
are properly comprehended within this dis
qualifying Glass; for can imagine no official
legislative position in which the duty of allegi-
dAcC Wdo hOIC ulotluClly NloldJtu. n more
difficult inquiry is who is to be considered an
officer of the United States or an executive or
Judicial officer of any State? Various classes
OF officers are intended; State officers and fed
era officers and executive or judicial officers is
mentioned, except a member of a State Legis-
lature or a member of Congress. The descrip-
tions used as to other officers are as to State
officers, they must be judicial executive;
and as to federal officer, the terms executive
or judicial are not expressed He is simply de-
Al Al
Officers of the militia of the State are not in
cluded in these terms of description, else the
act would have included the civil or military
officers of the State; for, in the third section
of the constitutional amendment known as
article IA, Congress expresses that purpose
very clearly. That section is expressly refer
red to more than once in these acts; is made, in
fact part OF these acts. Its langLageis follow
ed word for word in these disqualifying clauses
as far as possible, except in particular iu-
stance, in which one is made to apply to eligi-
bility and other rights to vote; when therefore,
we find that Congress, in declaring what per-
sons shall be disfranchised from holding any
office, expressly includes military as well as
civil officers, as in the Sd section referred to,
and providing what persons shall be disfran-
ohised from voting who held any Office, omit to
mentlon military officers we cannot escape the
conclusion that military officers were not with
in their contemplation. 1t must be borne in
mind we are here considering the class of mil
1tary othcers who Were such prior to the re-
belion, when tie officers were loyal and known
as officers of the militia not that class who be-
came military officers during the rebellion.
This last class come under that other clause of
the disqualification act which applies to nartic-
ipation in the rebellion. As to civil officers
dislranchised, this class clearly includes All the
State officers, Governor, Lieutenant Governor.
State Auditor, Treasurer, Secretary and State
officials proper who exercised executive func-
tions at the seat of government am not pre-
pared to say that only these proper State Off
Gals come within the terms Of the descrintinn