Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-28
WASHINGTON.
The Reconstruction Act-Attorney
GeneraIe- Stanbery,s 0pinion-Im-

Tho Reconstructfon Act-Attorne
FstaAbery's 0pinion-Im
1arPortant DOeament sSr, e 500 ssskg
81 's.7Ssg9,t ?. ~; r. sAS Z, WASHINGTON, May 2s.
Attorney General Stanbery's opinion O
the clauses of the Reconstruction Act O
the subject of voting and holding office
made public The opinion as to the power
OF commanding generals will be given here
after. AS to the original act, he, says:
The qualificati lions of 9 voter are, by tn
nth section, limited to the election of dele
gates to convention, and to the gquestio
whether such convention shall or shall no
De held, and that no Aqualif as to
voter are requiredin all elections tONan
Office under the existing provisional gov
ernments during their continuance; and a
TO the eligibility at such elections, certai
clauses are excluded. set.5a - .3'1
As to the supplemental he says:
g. The question of qualification or disquaIi
fication, is fixed by registration; no pow
er is given to, any other Board or an
other authority after registration is com
pleted, to change the registry OF person,
are entitled to vote, subject to limitation
hereafter, and no other. This registration
must be completed before the first of Sep
tember, 1867. The functions of the Boart
OF Registration can not be extended be-
yond that fixed time, but after that time
officers com posing this Board, who are liml
tied to holding and experimenting elecl
tions, and making proper returns to the
commanding General. > t!.iesolI ed .se1i |
This brings us to the direct question who
are entitled to registration. aI.rAs to citil
zenship aud residence. No person is enti-
tied to vote who shall not be resident in
the State for one year previous to the day
b of the election. It is not necessary that
= this previous residence for year should
,exist at the time the person applies for
2 registration. A person in all other re-
rspeets, who Is entitled to vote. is entitled to
registration, though he has not at the time
:, been a aresideht of the State for full year,
,afor we find in the supplemental act that
the oath as 10 residence, does not require
the applicant to swear that he has then
been a resident for year, but only re-
quires him TO state the number of months
: of residence, contemplating period less
than. as well as a full term OF twelve
! months. aa /fes1s Z dti8 r-i 7ss.f
Therefore, as to such person so, register
ed, If it happen at any election subsequent
lyI to be held that the time of his residence
bcOunting from theeday of the election, does
not count an entire year, he cannot vote al
such election, for this, supplemental act
does not as to residence change the provis-
y ion of the original act, as it is explicitly
provided by it as to registration that it shall
yinclude only those qualified to vote by the
{, original act. To carry out the purpose of
the law in this respect, as to residence,
: Boards of Registration should note oppo-
) site the name of a person whose residence
/ has not extended to the full term, the ex-
act time of his residence. AS to citizen
ship, the qualifications stated in the origi-
Z nal act is citizenship of State, but by the
first clause of the first section in the sup
Elemental act the registration is to be made
d. of male citizens Of the United States, and
as to oath the applicant is only required to
swear he Is a citizen of the State.
- I am of the opinion that the phrase eeiti-
zen of the State" as used in the oath, is in
tended to include only such persons as are
citizens of the United States; and that an
.. alien who has not been made a citizen OF
2 the United States cannot safely take the
oath. But as Boards of Registration have
only authority to administer the prescrib-
ed oath, they cannot require any farther
oath as to citizenship, and if an alien, not
having been made citizen of the United
States, takes the oath, he takes it at his per-
= II, and is subject to prosecution for per-
q jury ttu 80
-, t5,e2. 2. AS to age, no oneis entitled to regis
rtration who is not at least twenty-one
years of age. Only he applies for registra-
tion in this respect Qualification as to age
differs from the qualification as to resi-
.dence, and the fact that majority must ex-
ist at the date of registration, his relation,
to-day, is of subsequent election. -,'..
8. AS to disfranchisement, the fifth sec
ton of the original act denies the right to
vote to such as may be disfranchised for
participation in the rebellion or felony at
, common law. The words here used-ain
the rebellion"-m be taken to mean the
4 recent rebellion; but the supplemental act
enlarges the disqualification, and requires
the applicant to swear he has not been dis
franchised for participation in any rebel
lion or civil war against the United States,
nor for felony committed against the laws
of any State, or the United States. The
mere tact of such participation or commits
sion does not, of itself, work as disfran-
chisement; it must be ascertained by judg-
= ment OF account or legislative act.
lam not aware of any law of the United
States which works sdisfranchisement as to
the right Of suffrage by force of the act it
self. nor does such consequence follow
q from conviction for treason or any other
act of participation In the rebellion. The
provision in the Constitution of the United
States does not declare what shall be the
punishment on conviction of treason. That
is left for Congress, with the limitation that
the corruption in blood shall not follow as
"a consequence of any forfeiture, except
during the life of, the party. Congress, in
the exercise of its power, has limited such
punishment on conviction to the penalty of
death or imprisonment, and by the manu-
mission of slaves owned by the party, and
to disqualification from holding any office
under the United States.
am not advised of any statute now in
force in either of these ten States, except,
perhaps, Virginia, which declares disfran-
chisement as to the right of suffrage by
force of the act itself. The original act
contemplates disfranchisementa arising from
participation in a rebellion, whereas dis
] ifranchisement under the fourth and fifth
uclauses of the supplemental bill does not
arise from such participation, but other ell
sements must concur; that is, the holding
of certain offices, or the taking of an official
oath by certain officers, and afterward par
ticipating in rebellion against the United
States. Some officers, as, no doubt, MEM
bers of State Legislature and Congress,
are clearly enough designated.
A State Convention, for framing the
amendment of State Constitution, though
clothed with legislative power, can not
properly be called State Legislature, and,
In acts now under consideration, Conyen-
tion and a Legislature are expressly dis
.tinguished from each other, for they re-
quire the Constitution to be framed by the
Convention, and require the Legislature of
the same State tc adopt the Constitutional
Amendment. When, then, in the same
acts, they again use the phrase ''Legisla-
ture of the State" they must be understood
to use ii in the same sense, and distinguish
ed from a Constitutional Convention but
as to those Legislatures which passed what
are called ordinances of secession, am of
the opinion that their members are not
properly comprehended within this dis
qualifying clause, for L can require no Off
ocial legislative position in which the duty
of allegiance was more distinctly violated.
A more difficult inquiry is, whiois is to be
considered an officer of the United States
In the executive or judicial offices of any
Gfoto rin ole of off info
ed; State officers, and Federal officers, and
executive or judicial officers. No legisla-
tive officer is mentioned, except member
of the State Legislature or member of Con-