Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-06-05
THE RECONSTRUCTION LAW.
Attorney.General stanberry's Opinion

WASHINGTON, May 25.
The Attorney. General has prepared the fol:
lowing opinion. upon the clauses Of the Recon-
structien Act with reference to voting and
holding Office. The provisions relative to the
powers and duties of the commanding officers,
etc., will be considered in future opinion:
ArToRNEY-GENERAL's OFFICE,
May "a, 1867. J
The President:
S1R:-I have the honor to state my opinion
upon questions arising under the Act OF March
I'd, 1867, entitled" IAN Act to provide for the
more efficient governmen of the rebel States"
and the Act of March 23d, 1867, entitled
An Act supplementary to All Act entitled
an Act to provide for the more efficient gov
ernment OF the rebel States," upon which
questions military commanders of districts IN
which these States are comprised have asked
your Instructions The first and mostimpor-
liant of these questions may be thus stated ::
who are entitled to vote and who are disquali-
fed 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 declares the qualifications and disquallG
cations of voters for elections to be beld tor
delegates to the proposed Constitutional Con
vention in each Stale, and for election 10 be
held for the ratification of the Constitution
that may be framed by such Convention that
section provides that delegates to such Con-
vention shall be elected by the male citizens
Il said State, twenty-one years old and up
wards, Of whatever race, color or previous
condition, who have been resident in said
State for one year previous to the day OF said
election, except such as may be DISTINGUISHED
.or participating in rebellion, or for felony at
common law, and that the same qualifications
so required Tor election Di delegates shall also
be required upon election for ratification.
The proviso to this section also excludes from
the right to vote for delegates TO the Conven-
ion every person excluded from the privilege
Of holding office by an amendment TO the Con-
stitution of the United States, proposed by
the Thirty-ninth Congress, and known as ar
ticle fourteenth. The sixth section provides.
that until the people Of said rebel States shall
be by law admitted to representation IN the
Congress OF the United States. any Civil Gov
ernments which may exist therein shall b.
deemed provisional only, and in all respects
subject TO the paramount authority OF the
United States at any time to abolish, modify,
control or supersede the same, and in all elec
lions to any office under such Provisional
Governments al persons shall be entitled TO
vote, and none others who areenttled to vote
under the provisions Of the fifth section OF
this Act; and no person Shall sbe eligible 20
any office under any such Provisional Gov
ernments who would be disqualified from
holding offiee under the provisions of the
third article Of said constitutional amendment.
1t is to be observed here that the qualitioa
tons of voter are, by The fifth section, limi'
ted to the election Of delegates to the Con-
yention, and to the question whether such
Convention shall or shall not be held, add
that no qualification is declared for dele
.ate so to be elected, but By tine sixth section
he same qualifications, as 10 q voter, are re-
quired in all elections to any Office under the
existing Provisional Governments during their
continuance, and as to eligibility at such cleo
lions 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 or parish in the State or States inclu-
led in his District, which registration shall
include only those persons who are qualified
vote for delegates by the original Act.
The person offering himself for registration is
also required to take an oath, which, for COLI
,enience, now divide into paragraphs or
sections, preserving, as near as may be, the
language of the Act. He must swear or af-
iirm as follows: First, That he is o citizen
Of the State, and has resided in said State for
months next preceding the day when he
akcs the oath, and that he now resides in the
county Of, or in the parish Of, in
;aid State. Second. That he is twenty-one
years old. Third That he has not been dis
ranehised for participation in a1y 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
as never been q member of any State LegiS
iature, or held any executive or judicial Office
1 in 'any State afterwards engaged in insurrec;
ton or rebellion against the United Stales, OF
,iyen aid and comfort to the. enemies thereof
Fifth. That he has never taken en- nath rs a
member of Congress of the United States, OF
as ali officer OF the United States, or as a
member of any State Legislature, or as az
executive or judicial officer of any State. to
support the Constitution of the United States
and afterwards engaged in insurrection or re-
belFon against the United. States, or given
id and comfort to the enemies thereof
Sixth. 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 the completion OF this registration
in any State, and after at least thirty day !
public notice of the time and places which
The Commanding General shall appoint and
direct. an election shall be held for delegates
70 Convention, and rule is given to fix the
number of delegates sto be, elected, and the
,ppointment of these delegates in, proper civil
sub divisions, giving to each sub b-division rep
Fascination in the ratio of the registered vo-
tiers. The third section provides that at an
|. Election for delegates registeret voters shall
vote for or against the Convention. The
fourth section provides for the election to
ratify the Constitution that may be framed by
the delegates, and the right to vote at this
election is confined TO persons registered
rhe sixth section provides that all elections
in the States mentioned in said original Act
hall, during the operation ofsuch Act, be by
ballot, and all officers making said registra-
ton of voters and conducting said elections,
shall, before. Entering upon. the discharge Of
their duties, take an /. oath prescribed by the
n J,iy Cd 1850 entitled, an Act tRIre-