Year: 1867

Attorney General Stanbery's opinion on
the clauses of the Reconstruction act on the
subject of voting aud holding Office is made
public. The opinion as to the powers of
commanding generals will be given hereal.
Ter. As TO The original act he says:


The qualifications of voter are by the
fifth sectio on limited to the election of dele
gates to convention, aud to the question
whether such convention shall or shall not
be held; and that uoqualiications as to the
voter are required il all elections to any OF
flee under existing provisional governments
during their confluence, and as o eiei
bility at such elections, certain classes are
excluded.


As to the supplemental act he says:


The question Of qualification or d,qual-
ifcation is fixed 10y registration. No power
is given to any other board or any other au
thority after registration is completed to
change the. reg'-try. he persons whose
names are admitted to registry are en- itled
t. vote, su lject to the lmIation herelnafier
mentioned, and uo other. I his registration
must be completed before the tirSt of Septem.
Der, 1867. The functions OF the board of
of registration cann,t possibly be extended
beyond that fixed time but after that time
the duties remaining TO he performed Ivy tho
officers composing this board are limited to
holding and experimenting elections al
making proper returns to the commanding
general. This brings us to the direct guess
tion, who is entitled to registration? First
as to citizenship and residence, no persons
are entitled to vote who shall not be resident
jim the State for one year previous 10 the day
of election. 1t is not necessary that this
previous residence for year should exist
at the time the person applies for regis
ltration. A person in all other respects
entitled to vote is entitled to registration,
though he las not at the time been res
ident of the State for full year for we
find in the supplemental act that the oath
as to residence does not require the appli-
cant to swear that he has been a resident
fora year, but only requires him to state





ternplating period less than, as vel as the
full term of, twelve months; therefore, a
to such person so registered, if it happen at
any election subsequently to be held, that
the 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 not, as to resi-
dence, change the provisions Of the original
act, as it is explicitly provided by it as to
registration, that it shall include only tn Sc
qualified to vote by the original act. To
carry out the purpose of the law in this re-
spect as to residence, boards of registration
should note opposite the name Of the person
whose residence has not extended to the full
term, the exact time of his re-idenue.


As to the citizenship qualification, it is
stated in the original act, it is citizenship Of
the State; but by the first clause of the frst
section in the supplementary act, the regis>
tration is to be made of male citizens of the
United States, and as to oath the applicant
is only required to swear he is citizen of
the State. | am of opinion the phrase ''cit-
izen of the State" as used in the OATH is
intended to include only such persons as are
citizens of the United States, and that an
alien who has not been made "a citizen Of the
United States, cannot safely take the oath I;
but as boards of registration have only au-
thority to administer the prescribed GA h,
they could require only further oath as to