The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-27

CABINET last week, ana OrueTeu tO De prluleu. We
anticipated laying the whole report before our
readers, but in consequence of some msundor-
sanding, will be able to furnish at present rely
q synopsis, and will give tho full report in Tues
days issue:
ACKNOWLEDGEMENTS OFFICE,
May "a, 1867.
Tie President:
SIR: have the honor to state my opinion upo-
questions arising under Act March I'd, 1857, enti-
tied an Act to provide for more efficient government
of rebol States and an Act OF March 23d 1867, en-
titled can Act supplementary to an Act cnti-
tied an Act to provide for the more cfhclent
government OF the rebel States" upon which ques-
lions tue military commanders OF districts in which
those States arc. comprised, lave asked your in
s-ruction.
The first and most Important OF these questions
may bo thus stated: '!WhO are entitled to vote and
who are disqualified from voting at eiec. ions pro
vided for or coming within pnrvicw OF those acts
The first provision uuon this subject is to DO found
in tho fifth section Of the original act and declares
the qualifications and disq,laiitiratio,ls of voters
for election to be hcid or dclegat to the pro-
posed Constitutional Convention III each State, and
for an election to BIZ held for the ratification of tine
Constitution that may be framed by such Con-
yention.
That section provides that delegates To such
convention shall be elected by male citizens of
said State, twenty-ono years old Il upward, ut
whateverrace color or previous co.idltion, who
havo been resident in 81 State for one year pre-
vious to the day OF such election, except such as
may be dlsfranchsed for participating III rebellion
or for felony at common law. and thai the same
qua iicatons SO required for Tue election of dele
s:atcs shall also be required upon election for rati-
ication. The proviso to this section also excludes
from right to vote for delegates to convention
every p, rson excluded from. he privilege of hold
ing Office, by an amendment OF the Constitution OF
the United States proposed BY the Ihlrty-Nnth
Congress. and known ns article fourteenth.
The sixth section proceeds, that until people OF
said rebel States shall be by Law admitted to rep
resentation in tho Congress OF tho United States,
any civil governments which may exist therein
spects subject to the paramount authority of the
United States, at any time to abolish modify, con-
troll or to supcrsede the samc and in ail elections
to any Office under such provisional governments
all persons shall be entitled to voto, and none
others who arc entitled to vote under provisions
of the fifth section of this act. and person. shall
be eligible to any Office under any such provisional
governments who would bc disqualified from hold
ing Office under provisions of third article,
Section - Of SAID constitutional amendment.
It is to be observed here That qualifications OF
voter arc by fifth section limited to election OF
delegates to the cOnrcrt n and to question wlieth-
er such Convention shall or shall not be held and
that no qualification is declared for u delegate so
to be elected. but by sixth section same qualifica
tons as to voter are required in all elections to
any Office under tho existing provisional govern
ments during their continuance and as to cliglbili-
ty at such elections certain classes are excluded.
The first section Of supplemental act provides that
the commanding general III each district shall
cause registration to be made oil male citizens OF
the United States twentr-onc years OF age and up
ward residents in each county or parish in State
or States included in his district, which registra
ton shall include only those persons who are quail
fled to vote for delegates by orSna! act The per-
son Offering himself for registration Is also re-
Quired to take an oath tor convenience. l now
divide into paragraphs sections, preserving as
near as may be language ofact. He must swear or
affirm as follows.
resided in said >tate for = mouths, next pre-
ceding day when he takes oath, and that he now
resides in the county of - or in parish Of - i'll
said State.
Second That he is twenty-one years old.
Third. That he has not been DISTINGUISHED for
participation in any rebellion OF civil war against
the United States for felony committed against
the laws Of any State or of the United States, !.
Fourth. That be has never been member OF
any State Legislature nor held any executive or
judicial Office in any State, and afterwards engaged
in insurrection or rebellion against the United
States. or given aid or comfort to the enemies
there +.
Fifth. That he has never taken an oath as
member of Congress of the United States, or as an
officer OF the U. tied Statcs or as member OF any
State Legislature OH executive or judicial officer
of any State to support the Constitution of the
United States, and afterwards engaged IN 1nsur-
rection or rebellion against the United States. VI
given aid and comfort to the enemies thereof.
Sixth. That he will faithfully support the Coll
snd will, to the best OF his ability, encourage
others so to do.
Second section of this act provides that after the
completion OF this registration in any State, and
after at least thirty days public notice OF the
times and places which the commanding general
shall appoint and direct, an election shall be held
for delegates to the convention and rule Is given
to fix tho number of delegates to be elected, aud
tho appointment of these delegates in proper civil
subdivisions giving to each subdivision repre-
sentation in the ratio of the registered voters.
The third section provides that ut the election
for delegates registered voters shall vote for or
against convention. The fourth section provides
for an election IT, ratify the constitution that may
be framed by the delegates, ard the right to vote
at this election is confined to persons reg slstcred
The sixth section provides tina! all elections ~ u
the States mentioned in said original act shall.
during t.e operation of such act bc by ballot, and
all officers making said registration of voters and
conducting said election shall, before entering
upon the discharge of their duties, take all oath
prescribed BY the act OF July 2d 1862, entitled
''An act to prescribe an oath OF Office.
The first consideration Which requires my atten-
ton upon the question as to he right to v"ta
arise upon the regulation OF voters; questions OF
qualification or disqualification is fXcl by regis
tration. No power is given TO any other board or
any other authority. after registration is conl-
pleted, to change the registry. Persons whose
names arc admitted to registration, arc entitled to
toned, and hone others. This registration must
be completed before the first day OF September,
1867.
The functious of the board as q board of regis
tration ca,lnt be extended beyond tina: tNctl tile,
but after that the du les Which main to he per-
formed 10y The officers composing this board are
limited To holdin:; and supcr;ntcGding elections.
and making proper returns to the commanding
general This brings as to Tie direct question W!o
nre entitled to regstratlon. 1st. As to citizenship
md re >idcncc. No person is cnt!;lcd tn vote vino
shall not he resident OF the State for one Year
previous to the day # election. 1t is not necssa-
~ that this previous residence for 4 year should
exist ut the time tho person applies for rcstri-
ton. person III all other respects cntitcd To
vote is entitled to rcgisratiun althou d I've has
not o. that time been resident OF the State lpt
full year. For we ind that III the supple
mental act that the oath rs to residence dues ut
require the applicant 10 swear that Ee has been
resident for year. Tut oly requires INN I" state
the number of months of lis residence, contc:.-
plating period less tia.l well ~ 4 ui term OF
twelve moHtlIs. Therefore IA to slc;i person SD
registered, ii it lHppen it liy election uiseucut-
ly to l,c held, t,lat the t:uic OF his rcsiuurc,
counting from the day of election, does not cover
all entire year. he caot vote ut such election. tnr
this supplemental act docs tot. ~ tu residence,
change the provisions nf t,c original act, ii Is
expressly provided Dv H. ~ Ia regulations, that 1t
shall include only those wii2 iaiiiicd 10 Vote
by the orr ;nal &c: 10 carry ot.: tc purposes of
the law in this respect To rcs,t!curc the Boar
of Rel i,tri!on should not" opposite the name cf
tn. persull whose residence hah not extended to
tho full term, the exact time vi Ills residence as to
The qualification stated in the original act is
citizenship ut State but by the first clause OF the
first section in tao Supplemental Act, the regis
trat,ou is tu @ made of NAL, citizens OF the Unit
ed States, and as to oath the applicant is only re-.
oured to swear that kc IS citizen OF the S,atc
am of opinion that the phrase citizen "f the Stale
as used IN tho oath, is intended to include only
such persons as are cl.IZens VI the Cnlteu SllteS
aRd citizens of the State, and that an alien VINO