Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-05-31
RECONSTRUCTION!!
IMP RTANT OPINION.
OF THE
united States Attorney Generate!
WHO ARE DLSFRANCHLSED
INTERESTING TO EVERYBODY !!

W NAOAANNAOASt 10y 49, -AS N-s'SNJ
General has prepared the following opinion
upon the clauses Of the reconstruction act
with reference to voting and holding Office
The provisions relative to the duties and
powers of commanding officers, ETC., will be
considered in future opinion:
ATTORNEY G ENERAL's OFFICE,
May "a, 1867.
To the President:
Sir,-I have the honor to state my opin-
ion upon the questions arising under the act
of March 2, 1867, entitled IAN act to pro-
vide for the more efficient government Of the
rebel States" and the act Of March %,
1867, entitled can act supplementary to an
act entitled an act to provide for the more
efficient government of the rebel States. .
Upon which questions military commanders
of districts in which these States are COM
prised have asked your instructions.
The first and most important Of these ques-
tons may be thus stated: Who are enti-
tied to vote and who are disqualified from
voting at elections provided for or coming
within the purview of these acts The first
provision upon this subject is to be found in
the fifth section Of the original act, and de-
clares the qualifications and disqualifcations
of voters for an election to be held for dele
gates to proposed constitutional convention
in each State, and for the election to be held
for the ratification of a constitution that may
be framed by such convention. The section
provides that delegates to such convention
shall be elected by the male citizens of said
State twenty-one years old and upwards, Of
whatever race, color, or previous condition,
who have been resident in said State for one
year previous to the day of such election,
except such as may be disfranchised for par
ticipation in the rebellion or for felony at
common law; that the same qualifications SO
required for the election Of delegates shall
also be required upon the election for the
ratification This proviso to this section al
SO excludes from the right to vote for dele
gates to convention every person excluded
from the privilege of holding Office by an
amendment to the Constitution of the United
States proposed by the Thirty-ninth Con-
gress and known as article fourteen.
The sixth section provides that "until the
people of the said rebel States shall be by
law admitted to representation in the Con-
gress Of the United States, any civil govern
ments which may exist therein shall be deem
ed provisional only, and in all respects sub
ject to the paramount authority of the Uni
ted States at any time to abolish, modify,
control, or supersede the same, and in all
elections to any Office under such provisional
governments, all persons shall be entitled TO
vote (and none others) who are entitled to
vote under the provisions Of the fifth section
of this act; and no person shall be eligible
to any Office under any such provisional gov
eminent who would be disqualified from
holding office under the provisions of the
third article of the said constitutional amend
ment."
It is to be observed here that the qualif-
cations of voter are, by the fifth section,
limited to the election Of delegates to the
convention, and to the question whether such
convention shall or shall not be held, and
that no qualification is declared for dele
gate SO to be elected But by the sixth sec
ton the same qualifications as to a voter are
required in all elections to any Office under
the existing provisional governments during
their continuance and as to eligibility at
such elections, certain classes are excluded.
The first section Of the supplemental act
provides that the commanding general in
each district shall cause registration to be
made Of the male citizens Of the United
States twenty one years Of age and upwards,
resident in each county OF parish in the State
or States included in his district, which reg
istration shall include only those persons who
are qualified to vote for delegates by the
original act The person offering himself
for registration is also required to take an
oath, which, for convenience, now divide
into paragraphs or sections, preserving, as
near as may be, the language Of the act
He must swear Or affirm as follows:
First. That he is citizen of the State
and has resided in said State for-months
next preceding the day when he takes the
oath, and that he now resides in the county
Of, or in the parish Of , in said
State.
Second. That he is twenty one years old.
Third. That he has not been disfran-
chised for participation in any rebellion or
civil war against the United States, nor for
felony committed against the laws Of any
State or of the United States.
Fourth. That he has never been a men,
Der of any State Legislature, nor held any
executive or judicial Office in any State, and
afterwards engaged in instruction or rebel
lion against the United States, or given aid
or comfort to the enemies thereof
Fifth. That he has never taken an oath
as member Of Congress of the United States.
or as an officer of the United States, or as a
member of any State Legislature, or as an
executive or judicial officer of any State, to
support the Constitution of the United States,
and afterwards engaged in insurrection or
rebellion against the United States, or given
aid and comfort to any enemies thereof.
Sixth That be will faithfully support the
Constitution and obey the laws of the United
States, and will to the best Of his ability en-
courage others to do SO.
The second section of this act provides
that after the completion of this registration
in any State, and after at least thirty days
notice of the time and places which the COM
handing general shall appoint and direct, an
election shall be held for delegates to a con-
vention and rule is given to fix the num-