The New York herald., 1867-05-27
RECONSTRUCTION Law.
Opinion Of the United States Attorney
General on the Clauses Respecting the
Rigb. 10 Vote and to Hold Office.

w4ssiSoror. May 20, 1861
m. Attorney ..uera has prepared the following opin.
nm ON the Clauses the Reconstruction acts respecting
ms rsh, 10 vote and hold Office HIS opinion
shs power Of The Commanding Generals win be given
ArrRaEY GFNRRAl's 0rurx,
WARRINGTON, ID. g., May a, 1887
yrs ps,snEnr
Hm:-I have the honor 10 state my opinion upon
rho questions arsag under the act Of March 2,
1857 entitled act 10 provide Nr the more
government Of the rebel states and the act OF
March as, 1867. entitled IAN act supplems sn.ary
Do entitled act TO provh5e for the more
snScleas government OF the rebel States" upon
which questions tho military conmasders OF the
sktross IN which these States comprised have
ssked your Instructions The nrst provision upon this
subject ID 70 be fouad the NTH The original
and declares the qualifications disqualincatsas
sf lbe of the for delegates 10
The proposed Ccnsttntonal Coavenon in each State
snA for Ane election TO be held sor the ratification Of the
constitution that may be framed by convention
yhas section provides that aelegaSes TO such conven-
acn shall be elected BY the male cnrns Of such States
acs. color previous condition, Who have been
sestdeot 10 eaid State for one year previous TO
Ahfanchissd participation in Tho rebeiIion or for
feeo0y at coH Law, und that same qualification
required upon the election for ratification The provso
suehis sestcn also excixdes right 10
ssgates 10 the convention every excluded from
Hec privilege OF holding Office nv amendn the
-sonstnton OF the Unod States proposed by the
~insh Congrsss, and known as srticls fourteen.
The sixth section provides: es:-That the people
Ahs said retel States shall bc by represen
teu in The Congress Of the United States amy gov
SHsonA only, and n all rvspccts subject para
nount authority OF the Uus.ed States al any time
ssctonr 70 any otce undsr such provisional govern
liant ALL persons shall be entitled 10 vote
sss "ho arc emitted no vote under the provisions
-DeTson shall be eligible 70 any office under any
,erovs.anai governments who would be disqualified
spom holding oince under the provisions OF third
szticeef said section Of aid constitutional amendment
II viii 10 observed here that the qualifications
voter sfe by the NTH sacon limited w tho election Of
delegates 10 the convention the question whether
such convention shall shall bc held and that no
qualification declared delegates elected
'bus oy the sixth the qualifications as 70
veesr are required IN al elections 70 office under sne
snuanoe and as 10 eligibility al such eleCtons
a1nesos excluded
Yhe first section OF the Supplemental act provides
That the Commanding General each district shall
'sanse registration be OF the male c.tizens OF
.sden, IN eacs of age and
sscuded In hs d'snct which registration shall include
sny those persons who are qualified 10 for deie
gates by the original act The Offering himself
sor registration - also required TO take which,
Cor convenience now divide paragraphs Sec
uons preserving near be the language of the
ga He must swear or affirm as foows:--1hat be is
cstsen Of the State and has resided in State
'eath and thai he now resides in the county OF in
ssen ranchised for participation in any rebellion or
civil war against the United States for felony
rnstted against the Laws Of any State Of the uaed
THAI no has never been member Of any state Leg
ssure nor held any executive or judicial ONCE in any
90 the enemies thereof
mat he has never taken oath q member Of the
tongSess OF Tho United States, officer OF the
United States, . member Of any Legislature
ost the constitution Of the United Staies and sSfter-
yards engaged IN nsurrecton rebellion against the
unised States, or given and or comfort TO the
That s he win !, faithfully supper. the eonsssea and
~es his ability encourage others do
the second section Of this net provides after the
ipa0tson OF this registration state and after at
ssast thirty days public notice the and places
Whseh the Commanding General shall appoipt and direct
a election shall be held for delegates to
ana rule 10 gwen 10 Tx the number delegates
- elected and the apporonmen OF these delegates the
.1sopcr subdivisions giving 10 each subdivision repre-
-sentation IN the ratio Of The registered voters.
The third section provides that the election for
delegates the registered for AGAINST
Tho fourth section provides for the election rntify
TAe constsnto that may be framed by the delegates
sBd the right 10 vote st this election confined
parsons registered.
The sixth section provides tha, all elections in the
6taies mentioned in the said original shall during the
operation OF such act be oy ballot all ocer mak-
ing the said registration OF conducting said
nheir duties take an oath prescribed by the oJuy
a 1s62, entitled IAN act TO prescribe oath OF office
The FIRST consideration which requires my attention
Upon tho question as 10 the right TO vote arises the
Segistraton OF The question OF qualification or
Disqualification 10 liked by the registration No power
sihori,y after The registration is oomplessc
. change tee registry. The persons whose
!, admitted 70 registration are entitled 20 vote
10 Alect 70 the limitation hereinafter mentioned. and
pc Others This registration must De completed be-
nc koarda hoard OF registration cannot be extended
end that hxed time but after that the duties which
em m noy,n ~ ,ne % omcers ,ss
Sns and making tho proper returns TO the CON-
Tnh l6rnse 10 the direct question who are entitled
10 reg Hraticn?
ITs As 70 citizenship and rssidents:-No person
snttS ~ 10 vote who shall not be resident tho state
fer yaar previous 10 the day OF election. IL ID not
nessai ahst this previous residence year should
Dor sos s ali other respects entitled 10 vote is en-
utl.u TO registration. although he has not 81
Ne "a che supplemental thai the
Aoesnot require the applicant 70 swear that he
ssn state III. number o. months oi his residence ooS
Tea mi Yang period less than well full term Of
iwa yss ponns & Therefore as 70 such person 80 regis
held thAt the tine Of his residence. counting
rom ls day Of election, docs not cover entire
ear he cannot vote a. such election, for this supple
psnsa acs does not a. 70 residence change the pro-
,,s,ons a ths original act It's explicitly provided by
- ~ registration thai IL shall INCLUDE only those who
rs oasl fed BY the original act To carry ont
=
he purp 49, - sue -. ~ snis pee. - 70 esiuence
he Boar o. nessu.on saouis no'e oPPosite 'ne name
the per .on whose reesnee nAs nol e&snoeo 70 the
NIL term ne exs,s une o. ms resieence.
,,,naI aca IL cxeushlp OF the State, but by the rs
laase Of IN final section IN the supplemental the
eyis,rst,on be made OF the male citixens OF the
s,sed ss,cs and the oath, the applicant ie only
eonred 10 80 that he citizen OF the state. am
an,nIon ,ha. the phrase citizen OF the state used
tne osth ,s Intended include only such persons
~ ,i,,,ens ~ the United States and citizens OF the
sste sra tbst q alien Woo has not been made . cit
N ~ tina Inl,o states safely take the oath but
! ,hs po.rds N Registration have only authority 10 sd
nistey IRE prc. crbcd oath they cannot require Any
oyther os,b ar mr. ,of citizenship and II an alien
-, naac r,,szen the United States takes this oath,
e takes n AZ his cr and subject 70 prosecutions fes
A. to ara. No Ia entitled 70 registration
Who "a NOT al least iva nyone years OF age the day
hat he spnues for re straon In this respect quaiih
rAt.ou A 10 -. the qualification TO resi-
dence and The fact that majority must exist the date