The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-30
The Opinion of the Attorney GEN.
eral ON the Reconstruction

we have attempted to furnish a brief
abstract of this important opinion:
No person is entitled to vote who
has not been a resident of the State
twelve months and who has not at the
time of voting attained the age of
twenty-on The person must be
citizen of the United States Aliens
who have not been made citizens of
the United States cannot take the oath
but the Board of Registration cannot
require any other proof of citizenship
than the oath of the applicant. They
cannot go behind that
The party applying for registration
must swear that, II have never been
a member of any State Legislature, nor
held any executive or judicial office in
any State, and afterwards engaged in
instruction or rebellion against the
United States, or given aid or comfort
to the enemies thereof: that | have
never taken an oath as member OF
Congress of tie United States, or as an
officer of tie United States, or as a mem
Der Of any State legislature, oras an er-
ecutive or judiciot officer Of any State to
support tie constitution Of tie United
Suites, otR QI1erwords engaged sin in
surrection orrebellioc against the Uni
ted States, or given aid or comfort to
enemies thereof" Thus to have aided
and promoted the rebellion in any
military or civil capacity, does not
alone operate as disqualification, but
as the Attorney General says, ''other
elements must concur" that is to say
holding certain offices, Gas above men
tiOned) OF taking official oath Ito sup
port the constitution of the United
States) by certain officers, sand qtter-
aoards participating IN rebellion against
tie United Suites" OF the class of
officers here referred to as having TAX
en- the oath to support the constitution
Of the United States, the Attorney
General says there is no room for
of Congress and of
the State legislatures-not subordinate
officers, such as clerks, door-keeper,
at arms, but MEMBERS.
Members of conventions held in a
State to frame or amend its constitu-
ton are not cOmprehended in the ex-
cluded list, but those who were mem
bers of conventions which passed Sc
cession ordinances, ARE. (His reason
ing on this point does not seem clear
but our object is to state his conclu-
sions which are the guide of our peo-
pie in registering and voting)
The State officers comprehended in
the excluded class are the Governor,
Lieutenant Governor, State Auditor,
Secretary of State, and
State officers proper who exercise ex-
ecutive functions at the seat of govern
ment.
OF judicial officers, he is mot pre-
pared to limit the description employ
ed by the language of the law to
judges of courts whose jurisdiction
extends over the State"
Officers properly municipal are not
among the liable classes, "such as
officers of cities, towns, villages, and
and other municipal
divisions, whether their functions are
executive or judicial, as is sometimes
the case where the same officers act in
both capacities"
AS to sheriffs, justices oftae peace,
and other county or police district
the attorney general has not
come to a conclusion. This class en-
braces a large number of persons,
and these must wait for further inves-
tigation before they can know the
opinion of the Attorney General, in re
gard to their rights. His opinion will
be framed upon a further inquiry of
the nature of the offices and of the
oaths the incumbents were required to
take
As to all other executive or judicial
officers who are not known as county
the Attorney General is in
clined to consider them as coming
under the description of executive and |
judicial officers of the State within the
of these laws In this class
would be included in Mississippi,
Judges of the High Court and of the |
Circuit Court, District Attorneys &c.
Militia officers are not liable for the |
holding of military commissions be-
fore the war
Persons exercising special or occa
sional duties by the appointment of |
.he Governor or Legislature, such as
commissioners of public works, trus-
ICES or visitors of State institutions,
directors of banks, special agencies,
lotar-es public, and all that class, are
lOt ''otlicers," nor intended to be liza
Die to diSfranchiSpment