The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-28
1,o Recons truction Acts-The Attor-
nev-(i eneral's Opinion.

,ia If commentaries. We suppose tha'
oil who have read Mr.. STANRERY's opinion
vii, hold that the reconstruction acts
themselves NAV be more easily understood
than his comments upon them. The At
,ornev. General is too timid. He speaks
not g a. one having authority" 1t is true
his opinions are not absolutely binding
upon the courts or registers; yet he was
expected to pronounce definite judgment
upon the propositions submitted to him.
This he has not done. We shall condense
his opinion into short compass.
lst. Mr.. STANBERY gives us, in the first
point that we shall notice, good speci-
men of the "argument from conse
ouences." Notwithstanding his clear ad-
mission that the acts recognize difference
between members of a Legislature and
members of State Convention, and not
withstanding that the latter are not dis
franchsed in terms, he includes the latter
among the DISTINGUISHED; not because the
language of the acts justifes such inclu-
sion, but because he "can imagine no of
"fcial legislative position in which the
"duty of allegiance was more distinctly
"violated."
I'd. He concludes that militia officers
are not DISTINGUISHED. Mr.. STANBERY says,
in connection with this point, that persons
who "became military officers during the
r.haIIion ~ "come under that other clause
"of disqualification which applies to par
"ticipation in the rebellion This is
careless statement, and will mislead some
people. The mere fact of holding any sort
of Office under the Confederate Govern
ment does not disfranchise or disquality
any man: nor does Mr.. STANBERY mean to
saw that it does. lie means, of course,
that if such persons had before the war
taken an oath as an officer to support the
Constitution of the United States, then
the holding of such Confederate office
would disfranchise them. He says dis
tinctly elsewhere, as We shall show, and as
every one knows, that it takes both acts to
diSfranchise any man.
Sd. Municipal officers are not dlsiran-
chised. Our city officers are, therefore,
safe enough. Judge Lyons escapes, as
we said in the first article we ever wrote
upon the subject.
4th. While members Of the Legislature
are disfranchised, officers of the Legisla-
ture are not. This decision settles the
the Clerks of the two Houses Of the Le-
pislature. and also as TO the Public Printer
and other legislative officers, if such there
be.
5th. The Attorney General decides that
all executive and judicial officers OF
State who are not, in popular language,
characterized as "county officers" are
DISTINGUISHED: while as to those who are
thus characterized, he is not yet ready to
express an opinion. Shcrtis, clerks, JUS
tees of the peace, coroners, commissions
ers of the revenue, &C., must wait while
before they can be informed as to their
political condition.
9Th. Commissioners Of the Board of Pub
lie Works, Visitors of the Virginia Mill
tary Institute and Of the University OF
Virginia, Directors and Officers of the
Asylums for the Insane and for the Deaf
and Dumb and the Blind, Directors of the
Penitentiary, Bank Directors, Railroad and
Canal Directors, Notaries Public, Commits
sioners to take acknowledgment OF deeds,
&C., are not DISTINGUISHED.
We have repeatedly reminded our read
ers that it requires t,co acts to disfranchise
any man. Upon this point the Attorney
General says:
al must here repeat what has been said
before, that to work disqualification two
elements must concur: First, holding the
designated office, State or Federal, accom-
panied by an official oath to support the
Constitution of the United States and Sc
cond. engaging in rebellion against the
limited States, or giving aid or comfort t.
its enemies. Both these must not only
concur, but they must concur in order OF
time mentioned-trst the office and the
oath, and afterwards engaging in rebellion
or giving aid or comfort. A person who
has held an office within the meaning OF
this law, and has taken the official oath,
and afterwards participated in rebellion,
NAV very safely take this oath; and so,
too, the person who has fully participated
In the rebellion, but has not prior thereto
held an office and taken the official oath,
may with equal safety take this OATH"
Mr.. STANBERY's statement that persons
are DISTINGUISHED who adhered to the enc
mics of the United States or gave them
aid and comfort in the war of 1912, or the
war with Mexico, is true enough, but not
by any means important. We do not sup
pose that any such persons can be found
now. Perhaps he intended to give Mas
sachusetts and Ohio a hard rap over the
knuckles, seeing that there was said to be
a great deal of moral treason in those
two States during the Mexican war.
After showing what officers are disfran-
chised if they have ever engaged in rebel
lion or given aid and comfort to the enc
mics of the United States, the Attorney
General tells US what is meant by cen
gaging in rebellion" We quote:
81 am of opinion that the holding of a
simple judicial office, or other executive
office or public employment as are OF
purely civil character, such as county otli-
GERS, municipal officers, and all others of
like nature, which were not created for
II