The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-05-28
administration Of the RECOMMENDATION

Admi istration Of the RecOmstruction
Laws. ..
The method of reconstruction which after
long debate secured the approval of Congress.
is developed in two laws-an act ito provide
for the more efficient government of the insur-
rectionary States" commonly called the Mill
tary law, and an act supplementary to the Mil
itary law and designed ito facilitate restora-
ton" Both these laws were passed over the
Presidents veto, and his administration of the
measures he would have gladly defeated has
been watched with very natural anxiety.
The appointment OF Generals Schofield. Sick
les, Thomas, Ord and Sheridan to command in
the hive military districts, was received favora-
bly,. Especially was this true of General Sher-
idan's appointment, which was regarded as a
pledge for the faithful administration of the
laws in district which had gained an unenvi-
able notoriety for violent disloyalty Generals
Thomas and Ord have since been relieved by
Generals Pope and Swayne
Of the officers, upon whom duties so delicate
and important deyolve, there has been hitherto
no complaint. The only doubt which c0ntin-
ued to disturb the public mind was a doubt
whether the commanding generals might not
be embarrassed by instructions from Washing
ton. Much would depend, it was plain upon
the Interpretation which President ,Jobnson's
legal adviser should put upon the laws en-
bodylng the Congressional scheme. We have
at length the means of judgiug what the policy
of the administration will be; the opinion of
the Attorney General has been rendered on Il
single point-on the qualification of voters in
the rebelious States.
Mr.. Stanbery's opinion is "that the question
of qualification or disqualification is G1ed by
registration" No appeal from the decision Of
the board of registration is provided for, nor
has that board any authority to revise its own
decisions The oath, by which the applicant
is required to attest his own qualification, is
the only test which the board can apply Who
ever takes that oath must be registered.
Whoever is registered must vote "The board
cannot enter upon an inquiry whether he has
sworn truly or falsely" OF course persons
who swear falsely are subject to the ordinary
penalties of perjury; but it is a question
whether perjury in this particular, even if
proven in court, would give cause in Mr. Stan
bery's view, for q revision of the register: and
it is certain that the registry will have accom-
plished all it is designed to accomplish long
before it can be corrected by judicial process
The three loyal officers or persons constitu-
ting the board of registration, have according
ly a very insignificant part to play. Practical
ly it is left entirely to the citizens of the five
military districts to declare upon their honor
whether they are entitled to vote or not and
the registers simply record these declarations
Nevertheless Mr.. Stanbery proceeds to consid-
er what classes of men Congress intended to
disfranchise; that is to say, what classes will
commit perjury if they do take the required
oath. These are persons who prior to engae-
ing in the rebellion had held certain offices and
taken official oaths to support the Constittl-
ton of the United States, namely: #
Members Of Congress,
Members of State Legislatures, but not of
constitutional conventions, IS
State officers, who exercised executive func-
tons at the seat of government, .
judicial officers, whose jurisdiction extended
throughout the State.
AS to the county officers, the Attorney en-
eral reserves his opinion. These four official
classes include all the rebels whom he consid-
ers clearly forbidden to vote By "encaeine"
IN rebellion, he takes care to explain, some di-
rect, overt act must be intended 1t is neces-
sary that these officials should voluntarily have
taken some direct part in the civil or military
conduct OF the rebellion, to bring them within
the purview of the law. "Offcers in the rebel
States, who during the rebellion DISCHARGED of
fetal duties not incident to the war but in pre
servatiou of order and the administration of
the law, are not to be considered as thereby
engaging iD the rebellion" 1t is only the leo
islative, executive military service of the re-
belion which could furnish ground for disfran-
chisement under this act which in Mr.. Stan
bery's hands does not appear quite so black as
1T has been painted by the Democratic fancy.
In short it appears that nobody will be dis
ftanchised who is not perfectly willing, and
out very few on any terms. Whether this in
0rpretauon of the law will stand, is a question
ior lawyers Whether il ought to stand is
question for every citizen We believe the
tendency of Northern thought and FEELING has
Always been towards enfranchisement rather
than disfranchisement. The satety-valve of
the act to facilitate restoration" il tho clanSo
requiring the State constitutions to ba SON.
proved by Congress. Whether elected Inv reh-
els or refugees, blacks or whites. the de,eoot.s
mast frame loyal constitutions, or their Iabor
will be wasted, '''i