Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-06-04
ATTORNEY GENERALS OPINION.


erals opinion on the act of Congress under
which an attempt is to be made, in the par
lance Of the times, to restore the Southern
States to the Union. Mr.. Stanberry, we must
confess, had no easy subject before him. Ac-
custOmed, as he doubtless has been, to the
consideration of questions to which the fair
and just rules of legal Interpretation might be
applied, and upon which by that means, some
reasonable conclusions might be reached, he
has had the misfortune, in this instance, to
deal with the mere rawlings of party madness
aud hate, endeavoring to express themselves
in acts which are sought to be enforced as
laws, but which the Attorney General all the
while, must be painfully conscious deserve
only the name of monstrOus absurdities. He
i called on to determine how the provisions
of an act which We have every reason to be-
ieVs he regards as unconstitutional, can be
enforced, and how the machinery for the ille-
gal scheme in view can be adjusted to accom-
PIish the end desired by its contrivers.
DC $780, 60 $780, ---'''0r
which presents itself is who, under the act,
are entitled to vote2
This the Attorney General at once deter
mines by saying, call who may be registered"
He says 90 the question of qualification or dis
disqualification is fixed by registration. No
power is given to any other board or any
other authority after registration is completed
to change the registry" That is We pre-
sumo, there is no enquiry to be made beyond
the registry itself, by those who may be ap-
pointed to receive the ballots at any of the
elections which are to be held under the pro-
cess to which the States arc to be subjected
in their lameutable progress towards restOra-
ton. If there shall be perjury or false swear
ing in order to secure registration, the offence
is to be referred to the civil tribunal for trial
and punishment.
1t having been determined then, that all who
register shall be entitled to vote, the next and
most important enquiry is, who are entitled to
register2 And here begin the uncertain-
ies and doubts in which the Attorney Cen
eral becomes immersed, and from which he
never altogether emerges. He appears at
Zone time to settle principles broad enough to
cover all possible cases, and at another so modi-
to render them worthless as rules of action.
We would suppose that when he had
eached conclusions thus expressed by him
Whether we consider the disability as arts
ing out of a participation in a rebellion or
Ommission of felony, the mere fact of such
rticipation or commission of feloniOus of
fence does not of itself work disfranchise-
ment," and further: 81 am not aware of any
law of the limited States (the law of Congress
Of course ipcludedl which works disfranchise-
ment as to right of suffrage by force of the
act itself, nor does such consequence follow
from conviction for treason or conspiracy to
commit treason, or for any other act Of par
Ftctpation in The rebellion, we say when
these conclusions have been arrived at, we
would imagine that the whole subject had
been most naturally and pointedly disposed of.
The reasoning it seems to us would be this
No one has ever been convicted of treason for
participation in the late war, nor can any one
be DISTINGUISHED for any act of participation
IN it, according to the foregoing opinion of
MIR. Stauberry; therefore every one comply
ing with the prescriptions as to age, resi-
dence, &c, must be entitled to vote. This
1t seems to US is the inevitable deduction from
the method of augmentation by the Attor-
ney General. But Mr.. Stanberry does not
hold very firm position even on his own
conclusions. Hence he declares that the
provisions Of the acts of Congress do not ap.
ply to citizens who have been members of
constitutional conventions, and yet in the very
next sentence he declares that members of the
particular conventions that passed the seces-
sion ordinances are prescribed. This then is
very palpable modification of the view that
no disfranchisement is wrought by an act of
participation in rebellion. This, the earliest
movement on the part of the Southern States
IN the direction of the late war, is visited by
one of the severes: disabilities that can be
inflicted on the citizen. One important ques-
ton has been considered by the Attorney
General, and has We believe for the first time
received the legal construction of any impor-
tant officer of the Federal government and
that is, the true Specification and legal mean
ing OF the term engaging in the rebellion"
It is the opinion of the Attorney General that
the phrase engaging in rebellion" does not
sPply to conscripts. Officers, whether Judi
cial or executive, engaged in the preservation
of order or enforcing the civil law, are not
thus embraced. No enquiry is to be made
IS to the past opinions or sentiments of the
applicant for registration. He is only held
responsible for direct overt acts, done with the
inteRtion Of aiding the rebsllioD. The term