Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-28
FROM WASHINGTON.
RECONSTRUCTION.
Important Cabinet Meeting upon the
Opinions Of the Attorney
General, sc.
WASHINGTON. June 20-P. nj.


mission of the proper authority:
In CABINET, June 18th, 1667.-Present The
President, the Secretary of State, the Secretary
of the Treasury, the Secretary Of War, the Secre-
tary of the Navy the Postmaster General, the
Attorney General the Acting Secretary Of the In
terror The President announced that he had un-
der consideration the two opinions from the
Attorney General to the legal questions arising
upon the acts of Congress commonly known as
the sc Reconstruction Acts and that, in view of
the great magnitude of the subject, and of the
various interests involved he deemed it proper to
have it considered fully IN the Cabinet, and to
avail himself of all the light which could be afford
ed by the opinions and advice of the members OF
the Cabinet to enable him to see that these laws
be faithfully executed, and to decide what orders
and instructions are necessary and expedient to
be given to the military commanders. The
President said further, that the branch Of
the subject that seemed to him first in
order for consideration, was as to the IN
structicns to be sent to the military commanders
for their guidance and for the guidance of persons
Offering for registration. The instructions pro-
posed by the Attorney General, set forth in the
summary contained in his last opinion, will, there
fore, be now considered. The summary was then
read at length. The reading of the summary hay
ing been concluded as follows:
First. The oath prescribed in the supplement
tai act defines all the qualifications required, and
every person who take that oath is entitled to
have his name registered upon the list of voters.
All voted aye except the Secretary of War. who
voted nay.
Second. The Board of Registration have no
authority to administer any other oath to the per-
son applying for 5gistration than this prescribed
oath, nor to administer any oath to any other
person touching the qualifications of the applicant
or the falsity Of the oath so taken by him. NO
provision is made for challenging the qualifica-
tons of the applicant, entering upon any trial
investigation Of his qualifications, either of wit
nesses or any other form of proof. All voted aye
except the Secretary of War, who voted nay.
Third. AS to citizenship and residence, the ap-
plicant for registration must be citizen of the
State and Of the United States, and must be a
resident Of county parish included in the
election district. He may be registered if he has
been such citizen for period not less than
twelve months at the time he applies for registra-
tion but he cannot vote at any election unless his
citizenship has then extended to the full term of
one year to such person, the exact length
of his citizenship should be noted opposite his
name on the list, so thai it may appear on the
day of election upon reference to the list, whether
the full term has then been accomplished. Con-
Cured in unanimously. y.
Fourth. An unnaturalized person cannot take
this oath, but an alien who has been naturalized
can take it, and no other proof of naturalization
can be required from him. All voted aye except
the Secretary of War, who voted nay.
Fifth. No one who is not twenty-one years of
age at the time Of registration can take the oath,
for he must swear that he has then attained that
age. COncurred in unanimously.
Sixth. No one who has been disfranchised for
participa alton III any rebellion against tie United
States or for felony committed against the laws of
any State the United States can take this oath.
The actual participation in rebellion or the &C
tual commission of felony, does not amount to
disfranchisement. The sort of disfranchisement
mere meant, is that which is declared by law pass
ed by competent authority, which has been
fixed upon the criminal by the sentence of the
Court which tried him for the crime. No law of
the United States has declared the penalty of dis
reimbursement for participation in rebellion alone,
nor is it known that any such law exists in either
of these ten States, except perhaps Virgna, as to
which State special instructions vii. be gvon.-
All voted aye, except The Secretary of War, who
disscnted as to the second and third paragraphs.
Seventh. AS to Acknowledgement arising from
having held office, followed by participation in
rebellion, this is the most important part Of the
oath, and requires strict attention to arrive at its
meaning. The applicant must swearer affirm, as
follows That / have never been a member of
any State Legislature, nor held any Executive or
Judicial Office in any State, and afterwards
gagged in an insurrection or rebellion against the
United States or given aid or comfort to the enc
mics thereof; that have never taken oath
a member Of Congress of the United States
an officer Of the United States, Or member of
any State Legislature, or as an Executive or Ju-
dcial officer of any State to support the Constitu
ton of the United States, and afterwards engaged
in insurreetion rebellion against the United
States, given aid Or comfort to the enemies
thereof Two elements must concur, in order to
dsqualify person Under these clauses First,
the Office and official oath to support the Consti-
tuition Of the United States. Second, engaging
afterwards in rebellion-both must exist to work
disqualification, and must happen in the order of
time mentioned. person who has held an Office
and taken the oath to support the Federal Consti-
tuion and has not afterwards engaged in rebel
lion is not disqualified. So, too, person who has
engaged in rebellion, but has not heretofore held
an Office and taken that oath, is not disqualified.
All vote aye except the Secretary of War, who
votes nay.
Eighth. Officers of the United States. AS to
these the language is without limitation. The per-
son who has at any time prior to the rebellion
held any Office, civil military, under the United
States and has taken an official oath to support
the Constitution of the United States, is subject
to disqualification Concurred in unanimously.
Ninth Militia officers of any State, prior to ohe
rebellion, are not subject to disqualification. Ali
voted aye except the Secretary of War who voted
nay.
Tenth. Municipal officers, that is to say, Off
GERS of Incorporated cities, towns and villages
such as mayors, aldermen, town council police
and other city or town officers, are not subject to
disqualification. Concurred in unanimously.
Eleventh. Persons who have, prior to the re-
bellien been members of the Congress of the Uni
ted States or members of State Legislature, are
subject to disqualification, but those who have
| been members of Conventions framing or amend
ing the Constitution of State prior to the rebel
lion, are not subject to disqualification. Concur
red in unanimously.