Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-06-04
The Reconstruction Opinion Of
the Attorney General.


power CT the cOmmandings generals, is to be
given hereafter:
The acts require twelve months citizenship,
with residence, prior to the time of voting, an
age of twenty one Years, non d;sGrane hiseinen.
for felony or participation in rebellion, au oath
OF obedience to the Constitution and laws and,
the averments that the aililBt has never been
4 member of any State Legislature or holder
ofany executive or judiciaklGiice in auv State.
and afterwards engaged in insurrection or
rebellion against the United States, or given
aid or comfort to the enemies thereof or ;ba.
he has never taken an oath as a member of
the Congress of the United States, or as an
oLIcer OF the United States, or as member of
any State Legislature. or as an executive or
Judicia! ollcer OF any State, to support the
Constitution OF the United States, aud AFTER
wards engaged in iusurrcctiou or rebellion
against the Uuited States, or given aid CT com
tort 10 the enemies thereof.
IL As to citizenship and residence. No
person is entitled tovote who shall not be resi-
dent IN the State for one year previous to the
day of election. 1t is not necessary that this
previous residence Tor year should exist at
the time the person applies for registration.
y person i'll all other respects entitled TO vote
Is entitled to registration, although he has nor
1T that time, been resident of the State fi,r
Il iu!l year tor we fnd in the supplemental
act that the oath as to residence does not re.
quiIe the applicant to swear that he has then
been a resident for year, but Uulv rcuuircs
him to state the number OF months Of hi. resi-
dcnce, contemplating period less than. as
well as Il iul term Of twelve months. There,
fore, rs to such person, so registered, il it
happen at anyA election subsequently to be
held, that the time OF residence, couutin.
from the day Vi election, does not cover an
entire year, he can not vote at such election;
tor this supplemental act does not us to resi-.
dencc, change the provisions of the original
act as It Is expressly provided by it, as TO
registration, that it stall include ONLY those
who are qualified to vote by the Original act
10 carry out the purposes Of the law in this
respect is 20 residence, the board Of rcsistra
tion should note opposite the name Of the
person whose residence has not extended to
the full term. the exact time Of his residence
As to citizenship. The qualification STA
ted in the original act is citizenship of the
state; but by the first clause Of the Grst Soc
ton IN the supplemental act, the registration
Is to be made OF the male citizens of the Uni
ted States, and as to the oath, the applicant
is only required to swear that he is u citizen
Of the State.
am oi opinion that tho phrase citizen Of
the State, as used in the oath, is intended to
include only such persons as are citizens of
the United States and citizens OF the State;
and that an alien who has not been made a
citizen Of the United States cannot safely
take the oath. But, as the board Of rcgistra-
ton have only authority to administer the
prescribed oath, they cannot require any fur
ther oath or proof as TO citizenship, and if an
alien, not made citizen of the United States.
takes this oath, he takes it ut his peril, and
Is subject to prosecution for perjury.
:. As to age. No one is cntItlcd to rcgis-
traiion who Is not at least twenty one years Of
age on the day that lie applies for rc.istru,
ton. In this respect qualification rs 10 acc
iterS from the qualification us to residence.
and the fact that minority must exist ut the
date OF registration has relation to the day Of
registration, aud not to the day Of the subse-
QuCnt election
One point is still left unsettled~-as to who
are included in the phrase judicial andspx
ccutivc officers. But this is to be cleared up
when the abstracts are prepared for the sew
eral States, which will exhibit all these Off
GERS and the duties which appertain to them.
The following is that Tart Of the opiuion
touching disqualification" on account Of
having given "aId and comfort :"
al am of opinion that some direct overt act
done with the intent to further the rebellion,
Is necessary to bring the party within the pur,
view aud meaning Of this law. Merely dis.
loyal sentiments or expressions ale not sui!i-
clcnt. The person applying for registration
Is not required to clear himself from the taint
Of disloyary. The meaning of Congress here
becomes yet more evident, when we look at
the last clause Of the prescribed oath He is
required TO swear that lie will faithfully sup
port the constitution and obey the laws of the
United States to the best of his abi.ity, en-
cOuragiug others so TO do"
Tbs part Of the oath is not cx,rl,atory
but rummlssory. 1t looks to the future, and
not to the past, and the purpose is here mani
fest, to omit, to the right to vote. the dis
qualification arising from past disloyaIty, put
IN the tes-oafh, as disqualification from the
Ily5ht to exercise Office. Mere acts Of common
humanity and charity cannot be considered
as involving the party in participation in the
rebellion. 80, too, are forced contributions
by the rebel authorities, or the compulsory
payment OF taxes in aid of the rebel cause
But wherever act is done voluntarily in aid
oi the rebel cause, it would involve the person
and 1t must work disqualification under this
law. Voluntary contributions in turtheraucc
OF the rebellion, or subscriptions to the rebel
loans, and even organized contributions OF
food, ciothiug or necessary supplies, except OF
strictly sanitary character. are to be classcd
with acts which L>Qualily."
MIR. Stanberry, after a careful examination
OF the acts OF Congress, as well as all State laws
| bearing on the questions involved, arrives at
/ the conclusion that there is no authority for
| any other oath to be taken by any one, touch
ing the qualifications Of the applicant Tor regis
tration, than the oath prescribed by the sup
| Elementary act of Congress OF March 23d last.
1t the applicant takes that, his name must 60
upon the register, and the inquiry whether he
has sworn truly or falsely must be reserved
Tor the court which may afterwards have juris