The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-29
THE ATToanEY-GENERAL's oPINIo

friends. -.
THE ATroRnEy-sENERAL's OPINION.
We must confess to ha 5e read the long looked
for opinion of the Attorney-General with the
most provoking disappointment. What we
certainly wanted, and what we supposed the
military commanders, who applied for instruc-
ton, wanted, was clear Interpretation OF the
act which they .havetnot. got, and not learned
suggestion Of difficulties Of construction which
they, have got. So dense thicket OF legal
n.zsles we have never. before attempted TO
penetrate. The difficulties Of the Reconstruc-
fion- Act we're bad enOdgh, suggesting the
,..g OH. rro2 - t,T9..i. N~s'5 = -ai;e' -
who fi,s.,jua jumped iii3 into ibtamble bush
And scratehed out both his eyes, =. .,.,.o..,
But whoever goes to the opinion Of the g At
torney General for relief, must undoubtedly
act npon the principle Of the same IAN intelligent
individual, who,. - n:,i:. s:s.,a' - Ia ,
~! When he found his eyedwers out .. s.'','a 9 .
with IN his might and msii; ~ - r,s-i :: :.
r: jumped back Into the bramble bush u .'-0 .
And scratched them in again.
When we were boys we reconeet that tnere
was famous school exercise, "John ls q
man, !" and the. boys were required to vary the
sentence thus, "Aman is John, els Johno q
man." dis man john" and so forth up, ~ we
believe. to twenty variations Of the same SEN
tcnce. "a = - p. : S-'''
ii Nov with all due Difference to the Attorney
General, it seems to us that he has done Just
this thing with the Reconstruction AeettI He
has twisted it and,turnsd it,; he has put the
last sentence FIRST, and converted an assertion
into question with great ingenuity but we
cannot see that he has interpreted IT. We are
sure that it is an elaborate opinion, for IT it is
four columns long. Weare sure that it is q
learned opinion, for we cannot understand it.
But.we are by no meaus sure that, after oil, it
does not leave the whole question in the hands
of, theoregisters, the test Of whose fitness to
decide, is their ability to take the test oath.
There has, as NE all fnow,a been'i some; little
dissatisfaction with the idea that ouris'colored
brethren were to be isdmitted 70 the registra-
ton don boards, 5but we: are SATISFIED that there
will be an universal recognition srefhtAe fitness
for such, position Of any gentleman Of
COLOR who can read, and iinwardly digest. this
formidable document. y ,essts' o.. :-'' i,as :
However, let us examine It in detail, and
first as to registration The Attorney; General
decides that the registration must be complete
by the first of September, that after that date
nothing can be done by the registration boards
but perfect their returns The qualifications
emitting persons to register are then detailed,
and as the oath is specific, there is not much
room for Interpretation, except as to the dis
qualification of diafranchisement. and the quail
fcation or residence. As to the disquali-
.fcatieln, the Attorney General decides very
properly. "Whether we consider this !disabili7t /
ty as arising out off participation in rebellion
or commission Of felony, the mere fact Of
participation or commission Of felonious Of
fence does not of itself work disfranchise-
ment. 1t must be ascertaiued by the judg-
ment of the Court, or Legislative Act passed
by competent authority, &c., and adds, 81 am
not aware Of any law. of the. United States,
which works disfranchisemeht as to tight Of
suffrage by .h:. force of the act itself, nor does
such o consequence follow from conviction
for treason, or conspiracy to commit treason, or
for t any other, act or participation in rebel
lion. 10 am not advised of any statute
now in force in either Of these ten States, e1-
cept perhaps in Virginia, which declares dis
franchisement, as to the right of suffrage BY
force of the ACT itself:"',e .a.,i3.. d.
BaGas'tol the Question of "residence," the
Attorney General expresses an4opinion,,i which,
rash as it may seem, We venture to think in
direct conflict not only with the intention but
with the letter Of the Reconstruction Act.
He decides that residence of twelve months
in the State is not necessary to 'registration,"
but that any citizen, otherwise qualified, can
register although he cannot vote after register
ing until he has fulfilled the condition Of the
twelve months, residence, !. And he suggests
that the registers ought to'note in the registry
the time of residence, SO as to prevent citizen
from voting, simply because he had registered
without fulfilling the term of residence. Now,
if this decision is correct, the opportunity of
fraud is terrible. Everybody can register, and
once registered, how are the notes Of the regis
ter to be made available to prevent his voting!
The ground of this opinion, as far as We can
gather it, seems to be that the registration
oath requires the candidate for registry to
swear that lie .has resided in said State for;
- months next preceding the day when he
takes oath," &c.; and the Attorney General
says; "For we find that in the Supplemental
Act the oath as to residence does not re-
quire the applicant to swear that he has been
resident: for year, but only requires him to
state the number of months of his residence,
contemplating period less than, as weU as a full
tcrmof tscelue months.
Now we think this most gratuitous infer
ence, and very large one, from the simple
fact of the blank in the required OATH Why
that blank was left we are not called on to ex-
plain; but that it does not justify the inference,
is, we think, conclusively proved by this;
The Supplemental Act uses this most en-
phatic language; "That before the first day of
September, &c., the Commanding General, &c.,
shall cause registration to be made of the
male citizens Of the United States, twenty-one
years and upwards, &c., rhich registration a0iH
INcLgDE ONLY THosE PERSONS WHO ARE QUAIL
FLED TO VOTE FOR DELEGATES BY THE ACT
and who shall have taken and sub
scribed the following OATH"
Who are thus qualified to vote for delegates
by the act aforesaid ?"
Section of the act answers: ga convention
of delegates elected by all the male citizens of
soid States twenty-one wears old and upward.