The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-27
The opinion of the torney-tieneral.

The Opinion of the Attorney G eneral.
ATTORNEY GENERAL STANBERY, in a very elabo-
rate opinion of the power delegated to the
President by the Reconstruction BILL and the
duties devolving on him under its provisions,
examines with great care the various questions
arising under the bill, and carefully deduces
what are now the views of the Government on
the meaning and object of the bill. We do
not propose to review the points touched on
by the Attorney-General. Many of them are
of but small importance, and all Of them apply
to the South rather than to the North. There
are, however, a few expressions Of opinion
which merit notice, as the view taken by
the writer is the official explanation of the act,
on which the Government will base its rules
Under the head of disqualifcations falls the
greatest part of interest in the inquiry. The
Attorney General proceeds to explain the pro-
vision which disqualifes from registration all
those who engaged in the Rebellion under GER
tain circumstances-Fir Holding the desig-
nsted office, State or Federal, accompanied by
an official oath to support the Constitution of
the United States; and, second, engaging in
rebellion against the United States, or giving
aid or comfort to its enemies.
The writer then proceeds to examine at
large the meaning of these terms, and shows
all the arguments in favor of accepting them
in their strictest construction. He makes the
disqualification as narrow as possible, and
seeks to admit to registration all Rebels who
are not excluded by the most positive crime.
Under the head of officers of the Rebellion, he
does not include any judicial office. He says:
~ am accordingly of the opinion that the
holding OF sim pie judicial office, other exc
cutive offices, ,orAuch publi5 EN- ployments as are
of purely civil character such as county
Offices, municipal Offices and all others OF q like
nature, which were not created for the purpose
of more effectually carrying on hostilities, and
which did not involve the performance of duties
expressly in furtherance OF the Rebellion, do
not, within the meaning of this part of the
oaIn nx on The incumoent the guilt Of en-
gaginR in the Rebellion
By this construction the Mayors of Rich
mond, Savannah, and New Orleans are ad-
mitted to registration merely because they
held municipal offices. Yet who can doubt
but their guilt was as great as that of any who
held military positions under the Confederate
Government Again.
''Giving due weight to these well-established
principles proceed with the inquiry. lam Of
opinion that some direct overt act, done with
the intent to further the Rebellion, is necessary
meaning OF this law. Merely disloyal senti-
ments or expressions are not sufficient The
person applying for registration is not required
to clear himself from the taint of disoyalty-
Therefore the orators who urged the people
to deeds of treason by their harangues are not
guilty, as merely dislOyal sentiments do not
constitute treason, or make the holders of
them fall without the bounds of registration.
The ignorant dupes of their sentiments are
guilty; and cannot vote; the prompters and
movers of the whole scheme of treason are not
subjected to the punishment visited on their
deluded followers.
Not content with giving this bSoad latitude
to Rebels, he goes yet further, and denies to
the Board of Registration any power to in
vestigate the record of any one presenting
himself for registration. Every one who takes
the required oath, which is an oath not to
rebel in the future, must be- registered.
See what the Attorney General himself says:
SIN arriving at this conclusion have given
due weight to that part of the first section OF
this act which declares the registration shall
include only those persons who are qualified to
vote for delegates by the act aforesaid, and who
shall have taken and subscribed 10 the follow
ing oath or affirmation. If we read these works
by themselves, without regard to the other pro
visions of the act, the impression is made That
two things must concur to authorize the regis
tration of the appicant-first, that he actually
possessed the qualifications required by the
original act, and second, that he SHALL take the
prescribed oath. But when we look al the quail
ncatlons required of the applicant by the
original act, and lind that he is required
by this oath to swear for every one
OF these qualifications, and that no au.
thority is anywhere given TO enter upon any
oLner inquiry as to his qualifications, or to
administer any other oath TO him. or any oath
10 any other person touching his quail ldcatjons
andthnt his oath, and his oath alone is pun
lshed with perjury IL is impossible to resist
the conclusion that the oath itself is the sole
and only test OF the qualification of the appli-
cant. When, therefore, person applies 10 Inc
ioosIa Tor registration, the power OF the Board
is connned TO the administration of the pre-
scrloed oath, and If the applicant takes that
MS name must go on the Register. The Board
cannot enter upon the inquiry whether he has
reserved Tor court, which may afterwards
hayegurisdiction 10 try him on an Indictment for
perjury"
The result of his decision is that the Board
Of Registration have no discretionary power.
but must admit all who take the oath, whether
they know the applicants to be Rebels or not.
Following the strict letter of the law, the
Attorney-General has failed to make Just in
IerPretauon of its intention. In all equity
occasions the spirit as well as the letter of an
act' Is consulted. Is it likely that Congress
intended 10 make it within the power of everv
Rebel Dy merely swearing for himself to re,
gain all his rights OF citizenship world
Congress trust Ne oaths of those who -,
openly broken the most solemn oath ,,,or,,, -
man Is il reasonable to allow the w., -