The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-29
Especial TO the n. o. Commercial Bailetinl.
OPINION OF THE ATTORNEY GENERAL
on THE
Congregational Military Bills.
ATTORNEY GENFR AIS OFFICE
Washington. NAV a 1861. ]

provide for the more efficient government of
| the rebel States" and the act of March 23d,
/ 1867. entitled . An act supplementary TO an
act entitled an act to provide for the more
| efficient government of the rebel States"
under which questions military commanders
of districts in which these states are comprised
have asked your instructions.
The first and most important Of these queS-
| lions may be thus stated: Who are entitled
to vote and who are disqualified from voting
at elections provided for or coming Wlthn
view of these facts The first provision upon
| this subject is to be found in the NTH sectlon
Of the original act and declares the qualiflca-
tiOns and disqualificatiOns OF voters Ior the
election to be held Tor delegates 10 the pro-
posed constitutional convention IN each otaIt;
and for an election to be held for the fatllca-
tion of the constitution to be framed by such
convention. That section provides that dele-
gates to such convention shall be eIecleu d!
male citizens of said state twenty -ohe years
old and upward, of whatever race, coIor OF
previous condition, who have been resident
in said State for one year previous TO the DAY
Of such election, except such as may De
disfranchised for participation IN the rebelllon
or for action at commons law. anu tnat tHe
same qualifications required for election OF
delegates shall also be required upon the cleo
ton fer ratification. The proviso to this sec
! ton also excludes from the full right to vote
| for delegates to the conYention every person
excluded from the privilege of holding office
| by an amendment to the Constitution Of the
United states, proposed by tae n, thirty-nlnth
| n
The eighth Section provides that until the
| people of said rebel States shall by law be-
| admitted to representation IN the Congress of
| the United States, any civil government therein
/ shall be deemed provisional only, and in all
respects subject to the paramount authority of
the United States at any time 10 abolish, modify,
| control or supercede the same; and in all
| elections to any Office under such provisional
governments all persons shall be entitled to
! vote with others who are entitled to vote under
| the provisions of the fifth section of this act.
| No person shall be eligible to any office under
any such provisional government who would
| be disqualified from holding office under the
| provisions OF the third article, section -- OF
said constitutional amendment 1t is to be
observed here that the qualifications of a voter
are by the fifth section limited to the election
| of delegates to the convention, anp to the
question whether such convention shall
| shall not be held, and that no qualification is
declared for delegate 50 to be elected, but by
| sixth section same quallfcanonS as 10 voter
are required in all elections to any office under
! these existing provisional governments during
their continuance, and as to eligibility at such
elections certain classes are excluded.
The first section of supplemental act pro-
vides that the commanding general in each
district shall cause registration to be made
of citizens of the United States twenty-one
years of age and upwards, residents in each
county or parish in State or States included in
this district, which registration shall include
| only those persons who are qualified TO vote
for delegates by original act; The person offer
l.
take an oath which, for convenience, l now
divide into paragraphs or sections, preserving,
as near as may be, the language Of the act.
He must swear or affirm as follows:
LIST. That he is a citizen of the State and has
resided in State for -- months next pre-
ceding May , when he takes oath, and
now resides in county -- orparish of --
i'll said State.
I'd. That he is twenty-one years old.
Sd. That he has not been DISTINGUISHED for
participation in any rebellion or civil war
against the United States, nor for felony COM
mitted against laws of any State of the United
States.
4th, That he has never been member of any
State Legislature, nor held any executive or
judicial office in any State and afterwards en-
gagged in mSurrectiOn or rebellion against the
! United States, or given aid and comfort to
! enemies thereof.
! 9TH That he has never taken an oath as a
| member of Congress of the United States, or as
| an officer of the United States, or as a member
af J, ?%!s state Legislature, or as executive or
| Constitution of the TTniteG g. 20 support the
wards engaged in instruction or rebellion
against the United States or given aid and COM
! fort to the enemies thereof.
9th, That he will faithfully support the Con-
stitution and obey the laws of the United states
and Will, to the best of his ability, encourage
others so to do.
The second section of this act provides that
after completion this registration in any State,
and after at least thirty DAYS pubIic notice of
the time and place which the commanding
general shall appoint and direct, an election
shall be held for delegates to a convention
and a rule is given to fix the number of dele
gates to be elected, and apportionment of these
delegates i'll proper civil subdivisions, giving
each subdivision representation in ratio of
the registered voters.
The third section provides that at the cleo
ton of delegates, the registered voters shall
vote for again convention.
The fourth section provides for an election
to ratify the constitution that may be framed
| by the delegates, and the right to vote at this
| election is confined to persons registered.
The sixth section provides that all elections
| in States mentioned in said original act shall
| during the operation Of such act, be by ballot,
| and all officers making said registration of
voters and conducting said elections shall.
! before entering upon the discharge of their
! duties. take an oath prescribed by the act of
| July ID, 1862, entitled an act to prescribe an
| oath of office The first consideration which
requires my attention upon the question as to
| the right to vote arises upon the registration
| of voters. Question of qualification or dis
qualification is fixed by registration. No
| power is given to any other board or any other
| authority after registration is completed to
| change registry. Persons whose names are
| admitted to registration are entitled, subject
to the limitation hereinafter mentioned, and
| none others. This registration must be COM
| pleted before the first day of September, 1867.
! The functions. of the board as a Board of
| Registration will not be extended beyond that
| fixed time, but after that time the duties which
]
! posing this board are limited to holding and
| experimenting elections and mailing proper
returns to commanding generals. This brings
/ us to the direct question Who are entitled
| to registration
First, as to citizenship and residence. No
person is entitled to vote who shall not be
resident in the State one year previous to the
| day of election.
! 1t is not necessary that this previous resi-
! dence for year should apply for registration
| \ person in all other respects entitled to vote
/ is entitled to registration. although he has not
been at that time a resident of the State for the
| full year, for we find in the supplemental act
! that the oath as to residence does not require
| the applicant TO swear that he has been Il
| resident for year. but only requires him to
state the number of months of his residence.
! contemplating a period less than a term of
| twelve months. Therefore. as to such persons
/ so registered, if it happen at any election sub
! sequently to be held that time of his residence
| counting from the day of election. does not
cover an entire year, he cannot vote at such
/ election, for this supplemental act does rot. as
/ to residence, change the provisions of the
original act, rs it is expressly provided by ii.
/ rs TO registration, that it shall include only
/ those who are qualified to vote by original act
/ TO carry out purposes of law in this respect,
/ 10 residence and as to citizenship. The quail
teaton stated in the original act is citizenship
/ of State; but by first clause. first section, in
/ the supplemental act, registration is to be
made of male citizens of the United State:
and as to oath, the applicant is only required
/ TO swear that he Is citizen of the State. am
L N1, Nfo+f d u,