The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-06-05

opinion of .itt0rney-ucncral STANBERKY upon The |
Military Acts referring to voting and holding |
Office :
nEorsrnAftos.
1st. Qualification or decentralization is fixed by
registration.
ID No power is given to any other board or any
other authority after registration is completed to
change the registers and persons whose names
are admitted 10 registration are entitled TO vete
and none othera.
Sd. The registration must be completed before
September l, 1867. At that time. the functions OF
the board as o board of registration cease, and
after that its duties are limited holding and su-
perintending elections and making the required re-
turns:
QUALIFICATIONS tox REGISTRATION.
l. One years residence in the Stateat the time
of registration is not necessary but if person
who has been duly registered has not at the hold
ing Of any subsequent election been resident of
the State for one year, counting from the day of
that election, the person registered vote
at such election.
g. By the Acts, the qualifications to registration
is citizenship ofthe United States and of the Stae
the phrase being intended to include only such as
are both citizens of the Ghited States and Of
Stote. Aliens, not citizens Of rhe United States
cnnnot safely take the required oatr; but the
board of registration have only authority to admin
lister the prescribed oath, and cannot require fur
tber proof, 80 that an alien not citizen may take
the oath at his peril and subject TO prosecution
3. No person is entitled to registration who is
moi twenty years Of age on the day that he ap-
plies fer registration.
DIsrRAHCHIsEMgHT.
Under the Military Acts, the following causes
work disfranchisement: Commission Of felony
membership IF any State Legislature, or tenure of
any executive OF judciaf Office i'll any State, with
subsequent engagement in insurrcction or rebellion,
or the giving of aid and comfort to any enemy OF
the United States the taking of an oath, as a
member of Congress officer Of the United States
or as a member OF any State Legislature, OF rs an
executive or judicial officer of any State to sup
port the Constitution of the Urired States, with
subsequent engagement in insurreclion or rebellion
against, the giving of aid and comfort 10 the
emes of the United States. Upon these grave
questions, the Attorney General offers the follow
ing opinions but it will Always be borne in mind
that the exclusion to holding Office is oil conf
prehensive as to time and applies only those
who were i'll office when the rebellion commenced,
but those who held the prohibited Offices at any
previous time, although they may inr7e ceased to
hold such office indefinite nnrber of years prior
to the rebellion:
l. TREASON OR FELONY.
The commission of felony or the participation in
rebellion does no, of itself work dsfranchisemcnt
1t mus; be ascertaued by judgment Of court Oh
Legislative act passed by competent authority; and
the disfranchisemsnt depends u conviction in the
courts either of the United States of Stale, or
on declaration of the laws of either. The United
States laws do not work distranchisement, US n
CONSEQUENCE Of conviction of treason conspiracy
to commit treason; nor in the ten Southern States
is there any 81 tule in force except, pcrhnps in
Virginia, Which declares disiranchsement by force
of the act itself. Sc.that in this State, dsfian
chisemcnt for treason or felony depends Tosoaniey
upon previous conviction OF the offence in the
State or the Federal courts.
Q. MEMBERS OF STATE LEGISLATURES AND NEMDERs
+ OF CONGRESS.
/ All memters Of Sotlhcrn State Legislatures and
members of Congress who, afterwards, engaged in
insurrec,ion or rebellion, or gave ad or comlor, to
the enemies OF The United Slalcs are clearly dis
tranchised All members of Legislative bodies
Which passed ordinances of secession are distran
chiscd; but it is doubtful whether simple member
ship Of q convention held fos the sole purpose OF
amending The constitution OF p State, would, in
itself, work disirnncliscmcnt.
8. STATE, EXECUTIVE OR JUDICIAL orrIcE3s.
All militia officers as such. disfranchised.
as they are not inclndcd in the terms executive
and judicial officers cf o. State:' But this freedom,
from disfianchseme.t refers only to the class OF
militia officers who such prior the rebellion,
aud not TO that class who became military officers
during. the rcbclliur, who are liable to disfrnn-
chsement OIL conviction OF participation in it. The
Governor, Lieutenant Governor S.ste Auditor,
Treasurer Secretary ard'Stac officials proper. wld
exercise functions at the seat of government, and
Stnte Judges OF courts whose jurisdiction extends
over the United Stnres, arc dsfranchiscd; but the
Attorney General is not prepared to sly that chly
the foregoing come within the er:h Executive and
judicial ofitcrs."
Municipal officers; such as ofiters of cities,
towns, villages and subordinate municipal dvis:
ions, whether their fiiasots are executive judi
cial, CT both, are not. rs suCli, DISTINGUISHED.
In addition to these officers before mentioned,
who clearly do or do not come within the term Of
the act as TO judicial CT executive officers, there
remains vast number of officers whose status is
underlined. These are known US county, township
and precinct officers. The Attorney.General is
collecting information concerning this class, which