The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-06-05

intended will monopol;zc your paper l
shall close by noticing your last stricturc
! on Mr.. Perry, you charge him with incon
sistcncy because having gono TO the ''Dcvil
onco" he declines to accompany you on II
second trip. ! have heard it said that
burnt children dreaded tho fire. Mr. Perry
has no doubt learned practical lesson by
his experience, on the trip alluded to.
Il. W. WooDwARD.
-
Synoptical Statement of the Opinion of
the Acknowledgement upon the Clauses
of the Military Acts Referring to Vot.
ing and Holding Office.
The following is synoptical analysis of
the opinion Of Attorney General Stanbcrry ::
REGISTRATION.
1st. Qualification or disqualification is
fl xcd by registration.
I'd. No power is given to any other board
or any othor authority, after registration
is completed, to change the registers and
persons whose names arc admitted TO reg
istration are entitled TO vote and none 9th
crS.
3D. The registration must he completed
before September |, 1867 At that time,
the functions Of ihc board as 4 board Of
rcgis;ration cease, aud after shat, its du-
tics arc limited to holding and Supc,n-
tending elections and making the required
returns.
QUALIFICATIONS TOR REGlsTRATIoN.
|. One years residence in the State Mt
the time Of registration is not necessary I;
but if person who has been duly register
ell has not at the holding Of any subsequent
election been II resident Of the State for one
N tl,n ln ,r ili,, "a, ~;
the person SO Registered cannot vote 1T such
election.
2. BY the acts, the qualification TO regis
tration is citizenship Of the United States
and of the State; the phrase hCmg intcnd.
cd to include only such rs arc both citizens
Of the United States and ola State. Aliens,
not citizens Of the United States. cannot
safely take the required oath; but the board
Of registration have only authority TO adj
minister the prescribed oath, and cannot
require further proof, SO that an alien not
a citizen my take the cath AT his peril and
subject to prosecution
3. No person is entitled TO registration
who is not twcnty-onc years OF aye on the
day that he applies for registration.
pisraANcn!sEMENr.
Under the Military acts, the following
causes work dSilancnscment Treason or
participation i'll rebellion commission ci
felony; membership Of ahy State LcgiSin-
turc, or tenure Of amy executive or Judicial
eS HSi ii il "n H!Hst %'h oS oSSpfEbsonn or the
giving of aid and comfort to any enemy Of
the Unite States tho taking of an oath,
as ~ member Of Congress or officer Of the
United States OF rs u member Otnny State
Lcglaturc, or ns m executive or judicial
oillcer Of amy State, to support the Cunsti.
tuition of United States, with subsequent
engagement in insurrccion or rebellion
against, or the giving aid and comfort to the
enemies Of, the United States. Upon these
grave questions, the Attorney General oilers
the following opinions; but it will always
be horne i'll mind that the exclusion as to
holding office is all comprehensive rs to
time, and nrphcs, not only to those who
were in Office when The rebellion common.
cctl, but to those who held the prohibited
Offices at any previous time, nlthou gh they
may have ceased to hold such Office an
indefinite number Of years prior TO the re
bcllion:
! TREASON OR rELoNY.
The commission Of felony or tho partici-
patton in rebellion does not Of itself work
dislranchiscmcnt' IT. must he asccrtaincd
by Judgment ofcourt or legislative act pass.
cd by competent authority; and the disfran-
chisemcnt depends on n conviction in the
courts either Of the United States or OF
State or on declaration Of the laws Of either.
The United States laws do not work dis.
reimbursement, as n consequence Of convic-
ton Of treason or conspiracy to commit
treason nor in the Ten Southern States is
there any statute in force except, perhaps,
in Virginia, declares disfranchisemcnt by
force of tho act itself SO that in this
State, ,dis'ranchiscment for treason or felony
dependS absolutely WpOn a precious cOnDiction
cfhs c0ence in the State or the Federal
C0u-ts
2. MEMBERS OF STATE LEGISLATURES AND
MEMBERS op CONGRESS-.
All members Of Southern State I.egisla-
lures and ncmhcrs of Congress who, after
wards, engaged in insurrsction or rebellion,
or gave aid or comfort 10 the enemies Of the
United States, are clearly disfranchiscd.
All members Of legislative bodies which
passed ordinances of secession arc disfran-
chiscd but il is doubtful whctlicr simple
membership ofa convention held for the
sole purpose ofamcnding the constitution Of
a State, would, in ITSELF work disfranchisc-
mcnt.
3 STATE, EXECUTIVE OR JUDICIAL OFFICERS.
An militia officers, as such, arc not dis.
franchiscd, as they are not in the terms
executive aud judicial officers Of n
State" Butth freedom from dsfranclsc-
mcnt refers only TO The class of militia Off
GERS who were such prior to the rebellion,
and not to. hat class who becamc military
officers during The rebellion, who are liable
10 dslranchiscmcnt on conviction Of pari-
cipaton in it. The Governor, Icuicuant-
Governor, State Auditor, Treasurer, Sccre-
lary and officials proper, who exercise funo-
tions at the seat of government, and State
Judges Of courts whose jurisdiction extends
over lbc United States arc disiranchiscd !;
hut the Attorney General is not prepared
TO sny that only tho foregoing come wii,-
in tho term "eXccutive and judicial Off
GERS"
Municipal officers, such rs officers Of
cities, towns, villages and subordinate mu-
nicipal divisions, whether their functions
arc executive or judicial, or both, arc not,
as such, dislranchised.
In addition to those officers before men.
toned, who clearly do or do not como with
in the term of the act rs to ''iudicial or