Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-31
RECONSTRUCTION.
OPINION OF THE
Attorney General of the u. States
Acts demonstrating the Ten Southern
states.

with reference to voting and holding office. Tie pro
visions relative to the powers and duties Of command
ing officers etc. will be considered in future opinion:
| ATTORNEY GENERALS OFFICE, May oath, 1867.
To THE PRESIDENT
| Sir:-I have the honor to state my opinion upon
questions arising under the act OF March 3D. 1867, en
tied An act to provide for the more efficient govern
ment of the rebel States =; an act Of March 23d
1867 entitled An act supplementary to act entitled
an act to provide for the more efficient government OF
the rebel States upon which questions the military
commanders of the districts i'll Which those States arc
comprised have asked your instructions.
The first and most important OF these questions may
be thus stated Who are entitled TO vote, and who arc
disqualified from voting at elections provided for OF
coming within the puryicw of these acts The first
provision upon this subject is to be found i'll tue fifth
section Of the original act, and declares the qualica
tons ana dSqualications OF voters for election
/ 10 be held for delegates to the proposed COnsttu
tional Convention each State, and for the election
10 be held for the ratification Of the Constitution
! that may be framed 10y such Convention. That sec
ton provides that delegates to such Convention shall
be elected by the male citizens of said State twenty
on years old and upwards, of whatever race color
| or previous condition, who have been resident in
said for year previous the day OF election
except such may be dslranchised for participation
i'll the rebellion or for felony at common law. and that
the same qualifications required for the election Of
delegates shall also be required upon the election for
ratification The prOvisO to this section also excludes
from the right vote for delegates to the Convention
every person excluded from the privilege of holding Of
flee by amendment the COnst tuition of the United
States, proposed by the thirty Congress, ana
| known as article 14th
The sixth section provides Ihat until the people OF
the said rebel States shall lie by law admitted repre-
sentaten the Congress OF H.. United States any civil
governments which may exist therein shall be deemed
provisional only, and i'll all respects subject To the para
mount authority of the United States any time to
abolish modify, control supcrsede the same, and in
all elections 10 any office under such provisional gov
ernnentS all persons shall be entitled and none
others who entitled under the provisions Of
the fifth section Of this and person shall be eli
gble to any office under any such provisional govern
ments who would be disqualified from holding office
the provisions OF the third article, of cOSti-
utiOnal amendment 1t is to be observed here that the
qualifications of voter are by the fifth section limited
election ofdeegaes the Convention, and
question whether such Convention shall or shall not be
held, and that qualification is declared for delegate
SO TO be elected but by the siAtl section the same
qualifications as to voter are required in all elections
any office under the existing provisional governments
during their continuance, and as to the eligibility NJ
such elections certain classes are excluded.
The first section OF the supplemental provides that
The Commanding General III each district shall cause a
registration to be made Of the male citizens OF the Uni
ted States, twenty years Of age and upwards resi-
idents III eaCh county or PARISH III the State or States
included III his district which registration shall include
only those persons who are qualified to vote for dele
gates by the original act. The person Offering himself
for registration is also required to take an OATH which
for convenience Inow divide into paragraphs or sec
tons, preserving, as near as may be- the language OF
| the act He must swear or affirm as follows: First
That he is citizen of the State, and has resided in said
| State for -- months next preceding the day when
he takes the OATH and that he now resides III the county
| of -, or i'll the parish OF --, in said state. Sec
ond.-That he is twenty years Old. Thrl.-That he
has not been DISTINGUISHED for participation i'll any re-
betOn or civil against the United States, for
felony committed against the laws OF any State, or of
the United States. FOurth.-That he has never been Il
member OF any State legislature, held any exccu-
tive OF judicial Office III any State, and afterwards Ell
gagged i'll Instruction rebellion against the United
States given aid and comfort To the enemies thereto
tlltil-Iat he has never taken an oath as member
OF Congress OF the United States the
United states member Of any State Legislature,
Us executive OF judicial officer Of ANY State SUP
port the Constitution of the United States ana after
wards engaged in Instruction rebellion against the
thereof SiAthThat he will faithfully support the
Constitution, and obey the. laws OF the United States,
ana VIII to the best o Ills ability encourage others 20
| to DO.
| The second section Of this act Provides that at
| ter the completion OF this registration in any
State and after at least thirty days public notice
| of the time and places which the Commanding
General shall appoint and direct, an election shall
| be held for delegates to a Convention, and rule
is given to fix the number OF delegates to be elect
ed, and the superintendent Of these delegates in
proper civil subdivisions, giving to each aubdvis
ion representation i'll the ratio Of registered vO
| ters.
The third section Provides that at the election for
| delegates, registered voters shall vote for or
| against Convention.
The fourth section provides for an election to
ratify the Constitution that may be passed by the
delegates; and the right to vote at this election is
cOntncd to persons registered
The sixth section provides that all elections
| i'll the States mentioned i'll said original
act SHALL during the operation OF such act, be by
ballot, and all officers, making said reg strAtiOn OF
| voters, and conducting said elections, shall, be-
| fore entering upon the discharge OF their duties
take an oath prescribed by the act OF July %.
1862 entitled An Act to prescribe an oath Of Of
| hce.' The first consideration which requires my
| attention upon the question to the right to
vote arises upon the registration of voters, the
question OF quaHhcatlon or disqualification Is fin
| ed by registration. No power is given TO
| any other board, any other authority,
after registration is complete to change the regis
| try. Persons whose names admitted to regis
tratlon are entitled to VOTE subject to the lnita
| ton hereinafter mentioned, and none others
| This registration must be completed before the
first day, OF SePtemGer, 1867: The functions OF
| the board, as board OF registration, cannot be
extended beyond that fixed time, but after that
| the duties which remain to be performed by the
officers composing the board are limited to hold
| ing and experimenting the elections, and making
| proper returns to the Commanding General. This
brings us to the direct question, Who are entitled
to registration? First, As to citizenship and resi-.
dence, no person is entitled to vote who shall not
be resident i'll the State for one year previous to
the day of election. 1t is not necessary that this
previous residence for year should exist at the
| time the person applies for registration. 4 per
son in all other respects entitled to vote is emit
| tied to registration although he has not at that
time been Il resident of the State for full ycar.-
For we find in the supplemental act that the oath,
to residence, does not require the applicant to
swear that he has then been a resident for year,
| but only requires him to state the number OF
months OF his residence, contem plating period
less than, we'll as full term of, twelve months.
Therefore, as to such person, registered, if it
| happen at any election subsequently to be held,
that at the time of his residence, counting from
the day of election does not cover an entire year.
he cannot vote at such election; for this supple
| mental act does not, as to residence, change the
provisions OF the original act, it is expressly
provided by 1t as to registration, that it shall in
clude only those who qualified to vote by the
| original act. To carry out the purposes of the
law in this respect as to residence the board of
registration should note opposite the Of the
person. whose residence has not extended to the
full term, the exact time of his residence. AS to
citizenship, qualification stated in the original act
is citizenship of the State. but by the first clause,
| first section in the Supplemental act, registra-
ton is to be made Of male citizen of the United
States and as to the oath, the applicant is only
quired to that he is citizens of the State.
I am of opinion that the phrase, citizen of the
State, as used in the oath, is intended to include
only such persons are citizens Of the United
States and citizens of the State and that alien
who has not been made citizen of the United
States cannot safely take the oath. But as the
Board OF Registration have only authority to ad-
minister the prescribed oath, they cannot require
any further oath proof as to citizenship and
i oil loo oP4