The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-06-05
Question Of Registration.

Arre.SEY GENERALS 0FFIeR.
Washington, May q, 1861. j
Ihe Isesa Tent Sir: have the honor TO state M
s opinion upon the questions arising under the act
March 1861, entitled An act toprosIdefo th NOR
efficient government Of The rebel States and the ac
Of March 23, 1867, entitled An act supplementary
act entitled an act to provide for the eicen
government of the rebel States " nnder which cues
ton military commanders of districts N which thes
States are comprised have asked your Instructions
The first and most important Of these questions ma,
be thus staeel Who entitled to vote and who arr
disqualified from voting elections provided for q
coming within view OF these acts The first provision
upon this subject is to be found in the fifth section o
the oignaac and declares the qualifications and dis
qualifications of voters for the election to be held fol
delegates the proposed constitutional convention
each State. and for election to be held for the ratif
cation Of the constitution to be framed BY such
ton That secon provides that delegates to such
vention shall be elected by male citizens OF said State
8 twenty-one years old and upward, of whatever
color previous conditions who have been resident Ii
said State for previous to the day OF suchele
ton except such may be DISTINGUISHED for partcpa
ton i'll the rebellion or for action at common law ane
that the qualifications required for electier
of delegates shall also be required upon the election
FLOR ratification. The pfoFso to this section also ex
cludes from the full right to vote for delegates to the
convention every person excluded from the privilege
of holding Office by amendment to the constitution
of the United States, proposed by the 39th Congress
and known as article 18th.
The eighth section provides that until the people OF
said rebel States shall BY law be admitted to represen
taon in the Congress of the United States. any civil
government therein shall be deemed provisional only
and in all respects subject to the paramount authority
Of the United States nc any time to abolish modify
control snpersede the same; and in all elections to
any office under such provisional governments all per
sons shall be entitled to vote with others who emit
tied to vote under the provisions of the fifth section OF
this act No person shall be eligible TO any office
der any such provisional government who would be
disqualified from holding office under the provisions OF
the third article, secti8r- Of said constitutional
amendment It's TO be observed here that the quail
icaton of voter tie fifth section limited 10 the
al ton a, ~, +Io
question whether such eanFenian shalor sallno be
held and thatno qualification is declared for dele
gate so to beeleeted but bysixth section quail
catonsas to voter are reInlred IN all elections to
office under These existing provisional government
during their continuance, and as to eligibility such
elections, certain classes excluded.
The first section of supplemental act provides that
the commanding general i'll each district shall cause
registration to be made Of citizens of the United States
twentyone years of age aud upwards residents each
county parish in State States included in this dis
trct, which registration shall include only those per-
who qualified to vote for delegates by original
act the person offering himself for registration is also
required to take oath, which, for convenience now
divide into paragraphs sections preserving near
as may be, the language Of the act He must
affirm follows.
l. That he is citizen of the State and has resided
in State for months next preceding May, when
he takes oath, and now resides in county parish
Of, in said State.
| 2. That he rs tWenty-one wears old
g. That he has not been DISTINGUISHED for partcipa-
ton in any rebellion civil war against the United
States nor for felony committed against laws of any
State of the United States.
4. That he has never been a member of any State
legislature nor held any executive judicial office in
any State and aeward engaged in insurrection or
belliOn against the United States given aid or conf
fort to the enemies thereof
3. That he has never taken an oath as member of
Congress Of the United States. officer of the
United States or as member Of any State legislature
executive judicial officer of any State to sup
port the constitution of the United States and after
ward engaged IN instruction rebellion against the
united States or given aid and comfort to the enemies
thereof
C. That he will faithfully support the constitution and
obey the laws of the United States and will to the
best of his ability, encourage others SO to do
The second section of this act provides that after
completion this registration any State and after at
least thirty days public notice of the time and place
which the commanding general shall appoint aud d.
rect election shallbe held for delegates to conven
ton and rule is given to fix the number of delegates
to be elected and apporonment of these delegates in
proper civil subdivisions. giving each subdivision rep.
resentaton in ratio of the registered voters.
The third section provides that at the election of del
egates, the registered voters shall vote for against
convention.
The fourth section provides for an election to ratify
the constitution that may be framed by thedelegates
and the right vote this election is confined per-
sons registered
The SIKH section provides that all elections in States
mentioned in said original act SHALL during the opera
ton of such act be by ballot and all officers making
said registration of voters and conducting said cleo
tons SHALL before entering upon the discharge of their
Hies take an oath prescribed by the act of July 2
1862 entitled act TO prescribe oath of Office The
first consideration which requires my attention upon
the question to the right to vote upon the reg
istration of voters Question of qualification dis
qualification is fixed by registration. No power is
given to any other board any other authority after
registration is completed TO change registry. Persons
whose names admitted 10 registration entitled
subject TO the limitation hereinafter mentioned, and
others. This registration must be completed be-
fore first day of September, 1867. The functions of the
board board of registration will not be extended
beyond that fixed time but after that time the duties
which remain TO be performed by the officers composing
this board limited to holding and experimenting
elections and making proper returns to commanding
generals. This brings US to the direct question Who
are entitled to registration?
First to citizenship and residence No person en-
titled to who shall moi be resident III the State one
year previous to the day of election.
1t is not necessary that this previous residence for
year should apply for registration. person in all
other respects entitled to vote is entitled regstsa
ton, although he has not been at that time resident
of the State for the full year. for we find in the supple
mental act that the oath 10 residence does not re-
qure the applicant to swear that he has been resi-
dent for year but only requires him state the num-
Der of months OF his residence contemplating period
Of less than twelve months Therefore to such per-
sons registered if it happen at any election subse-
quently to be held that time of his residence counting
from the day of election does not cover an entire year
he cannot vote at such election for this supplemental
act does not residence CHI ange the provisions of
the original act it is expressly provided by it, as to
registration that 1t shall include only those who
qualified to vote by original act to carry ont purposes
of law IN this respect as to residence and to citizen
ship. The qualification stated in the original act is
citizenship Of State; but by first clause first section
the supplemental act, registration is to be made of
male citizens of the United States; and as to oath the
applicant is only required to that citizen
of the State. am Of opinion that the phrase citizen
of the State used III OATH inteded to include such
persons citizens of the United States and citizens
of State, and that alien who has not been made
citizen of the United States cannot safely take the
OATH bat as the board Of registration have only au-
hority to administer the prescribed oath they cannot
require any farther proof oath as to citizenship +
and if alien not citizen of the United States takes
the OATH he takes it at his peril and is subject pros
ecution for perjury.
Second, as to age No one is entitled to registration
in this respect; Qualification as to age differs from
qualification residence and the fact that majority
must exist at the date of registration has relation to
the day of registration aud to the day of subse
quent election.
Third, as to disfranchisement. shall consider va
rlous clauses of disrancfseuent, according to the
order and division into sections herenbeforc stated
And first, to the general clause declaring dsfrar
The fifth section of the original act denies
the right to vote to such may be DISTINGUISHED for
participation in rebellion or for felony at common
law. The words 'in the rebellion must be taken to
mean recent rebellion; but the supplemental act en-
larged the disqualification, and requires the applicant
to swear that he has not been DISTINGUISHED for part
cpation in any rebellion civil against the United
States, fer felony committed against the laws of
any State the United States. What, then works a
under these provisions Whether
we consider this disability as arising from parcipa
ton in rebellion or commission of felony the mere