The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-06-08
ATTORNEY GENERALS OFFICER
Jackson, Miss. Oct. 3, 1870.

SIR:-I have the honor to acknowledge
your favor of the Both ult., requesting, ON
behalf of His EXcellency the Governor, my
opinion as TO the application of the term
| s'disfranchsed," as Limitation of the recent
law to liability TO service in the State Mi
litia.
In reply, respectfully submit that the
reconstruction laws of Congress, having full
filled their mission in this State i'm the adop-
ton ola new constitution and the organiza-
tion of the Republican government thereby
created, we must, i'm future, look To that con-
stitution and the constitution of the United
States, and not to the reconstruction laws.
for a test of ali the fundamental rights of the
people and with the exception that the right
of citizens to vote "shan not be denied or
abridged on account of race, color or previ-
Gus condition or servitude," the constitution
of the United states leaves the question of
suffrage entirely in the control of the States.
What, then. are the rules and limitations
laid down in our State constitution!
BY the 4th section of the Sth article IL is
provided that no person shall be eligible 10
any Office in the Militia who is not quail
fled elector. It woul9 seem To be a logical
corollary, so far as this clause is concerned.
that any man who 10 a qualified elector. shall
be eligible to an office in the Militia; and If
eligible to office, certainly eligible TO the po-
sition of "A private.
Who, then, are "qualiiied electors ?" Sec
ton 2. of the article above referred to, says;
"All male inhabitants, except idiots, insane
persons and Indians not taxed, being citi-
zens of the United States, twenty-one years
old, having resided six months in the State
and one month in the county, and duly re-
gistered according to section three OF this
article, and not disqualified by crime, are
declared qualified electors" And section
three of same article, requires that before
registering, the person applying to do so,
shall subscribe to an oath that he ais twenty
one years old, has resided in the State six
months and in the county one month, and
will faithfully support and obey the Consti-
tuition and Laws of the United States, and of
this State and will bear true faith and allie
glance to the same"
The phrase @disqualified by reason of
crime" refers to persons convicted of PERU |
ry, bribery, forgery, or any other crime or /
misdemeanor for which exclusion from suf- /
frage is imposed penalty. For exam
Piles of such cases, see Rerised Cole, page 3d. |
Article l6, and page $40, Articles 81 and 80;
Ne,1 Constitution, Article j. Section y, and
Article II, Section =. With the exception
of such as may have been, in accordance
with these or similar provisions, "dIsquali-
fled for crime" there is no class of male cit
Zens of proper age and sound mind of any
race, color or condition. who may not vote
i'm any election under the constitution and
laws of either this State or the United States.
And, II they can rote, they are not ''disfran-
chised."
1t is true that there still remains a class
comparatively small in numbers. who, under
the Fourteenth Article of amendment of the
Federal Constitution. and the oath of Office
prescribed by act of Congress, and Section
26 OF Article II of our own State cOnstitu-
ton. are not yet permitted to hold Office of
any kind. These labor under partial. and,
| trust, temporary disability; but being not
fully '-dsfranchised," they are liable unless
otherwise disqualified, or exempt, TO en-
and service in the state Militia.
1t is, therefore, respectfully given as my
opinion that the phrase referred to by You i,
has no application, except TO persons who, N
at the Tins of enrolment, shall have been ,
of some crime involving the PEN
atty of exclusion from suffrage.
Very respectfully,
Your obedicnt servant,
J. 8. NORRIS. Attorney-Gene /
Brig-Gen. NJ. B. HEwsoN, Adj't-GcnI.