Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15
Opinion orthc Attorney General
OF the US. on the Military Bill.
AIRY GENERALS OFFICE,
Washington, Nav "a, '67.

Washington, May q, 81,
The PreSident-Sir; | have the
honor to state my opinion upon
I questions arising u der act of March
I'd, 1867, entitled can act to pro-
vide for the more efficient govern
mont of tho rebel States" and tho
act Of March 23d, 1867, entitled "An
act supplementary 10 an act entitled
IAN act to provide for tho moro etlic.
lent government ofthe rebel States"
under which questions military com.
manders Of districts in which these
States are comprised have asked
your instructions.
The first and most important of
these questions may bc thus stated
Who arc entitled to vote and who
are disqualified from voting at olec-
tions provided for or coming within
view of these acts? The first pro
vision upon this subject is to be
found in the fifth section ofthc orig
inal act, and declares the qualitica,
tions and disqualiications Of voters
for the election to be held for dele
gates to the proposed constitutional
convention in each State, and for an
election to DO held for tho ratifca.
tion of the constitution to be framed
by such convention. That section
provides that delegates to such con
vcntion shall be elected by male cit
izcns Of said State twenty ono years
old and upward, Of whatever race,
color, or previous condition, who
have been resident in said State for
one year previous to the day ofsuch
election, except such rs may be dis.
franchised for participation in the
rebellion OF for action at common
law, and that the same qualifications
so required for election Of delegates
shall also be required upon the cleo
ton foriratifcation. The proviso to
this section also excludes from tho
full right to vote for delegates to the
convention every person excluded
from the privilege of holding Office
by an amendment to the Constitu-
ton of the United States, proposed
by the Thirty ninth Congress, and
known as Article 18th.
The eighth section provides that
until the people Of said rebel States
shall by law be admitted to repre-
sontation in the Congress Of the
United States, any civil government
therein shall be deemed provisional
only, and in all respects subject to
the paramount authority Of the
United States at any time to abol-
ish, modify, control or superscde the
same; and in all elections to any
office under such provisional gov
ernments all persons shall be enti,
tied to vote with others who arc en-
titled to vote under the provisions
of the fifth section of this act. No
person shall be eligible to any office
under any such provisional govern
ment who would be disqualified from
holding Office under the provisions
of the third article, section - of
said constitutional amendment. 1t
is to be observed here that tho quail
ifications of voter are by the fifth
section limited to the election of del
egates to the convention, and to the
question whether such convention
shall or shall not be held, and that
no qualification is declared for 4
delegate so to be elected, but by sixth
section same qualifications as to vo-
ter are required in al! elections to
any office under these existing pro-
visional governments during their
continuance, and as to eligibility at
such elections, certain classes are eX-
cludcd.
The first section of supplemental
act provides that the commanding
general in each district shall cause
a registration to be made Of citizens
of the United States, twenty-one
yoars of age and upwards, residents
in each county or parish in State or
States included in this district, which
registration shall include only those
persons who are qualified to vote for
delegates by original act; the per-
son offering himself for registration
is also required to take an oath,
which, for convenience, l Low divide
into paragraphs or'sections, preser-
wing as near as may be, the language
of he act. lie must swear or atfirm
rs follows;
/. That he is a citizen of the State
and has resided in State for -
months next preceding May -,
when he takes oath, and now resides
in county or parish Of -, in
said State.
2. That he is twcnty-one years
old. .......
3. That he has not been disfran-
chised for participation in any re-
billion or civil war against the Uni
ted States nor for felony committed
against laws of any State of the
United States. ..-... ..
4. That he has never been mem
Der Of any State Legislature nor
held any executive or judicial office
in any State and afterward engaged
in insurrection or rebellion against
the United States or given aid and
comfort TO the-enemics thereof.
5. That he has never taken an
oath as member of Congress ofthe
United States, or as an officer of the
United States, or rs member OF
any State Legislature, or as execu-
tive or judicial officer of any State,
TO support the Constitution of the
United States, and afterwards en-
gagged in insurrectiOn or rebellion
against the United States or given
aid and comfort to enemies thereof.
6. That he will faithfully support
tho. Constitution and obey the laws
of the United States, and viii to the
best OF his ability encourage others
so 20 do.
The second section Of this act pro-