Year: 1867

THE ATTORNEY GENERAL!


WAsHINGToN, May 25.-The Attorney Gen
eral has prepared the following opinion upon
the clauses of the Reconstruction Act with
reference to voting and holding office. The
provisions relative to the powers and duties
OF commanding officers, ETC., will be consid-
cred in future opinion.


ATTORNEY GENERALS OFFICE,


May Oath, 1867.


To His Ercellency, the President. SIR:-I
have the honor to state my opinion upon the
questions arising under the act of Congress,
passed March 2, 1867 entitled, IAN Act to
provide for the more effectual government of
the Rebel States" and an act, passed March
23d, 1867, supplemental to an act entitled,
An Act for the more efectual government
of the Rebel States," upon which questions
military commanders of the districts in
which those States are comprised, have ask
ed your instructions.


The first and most important of these
questions may be thus stated "Who are
entitled to vote, and who are disqualified
from voting at elections provided for, or
coming within the purview of these acts 2"
The first provision upon this subject is to be
found in the fifth section of the original act,
and declares the qualifications and disquali-
fications of voters for elections to be held
for delegates to a proposed Constitutional
Convention in each State and for election to
be held for the ratification of the Constitu-
ton that may be formed by such Con-
vention. That section provides that the
delegates to such Convention shall be cleo
ted by the male citizens of said States twen-
ty-one years old and upwards, of whatever
arIf
been residents in said State for one year pre-
vious to the day ofsuch election, except such
as may be disfranchised for participation in
the rebellion, or for felony at common law,
and that the same qualifications so required
for election of delegates shall also be requi-
red upon the election for ratification. The
proviso to this section also excludes from
the right to vote for delegates to this Con-
vention every person excluded from the
privilege of holding Office. by an amendment
to the Constitution of the United States.
proposed by the Thirty ninth Congress and
known as Article XIV.


The Sixth section provides, "Tilat until
the people of said rebel States shall be by
law admitted to representation in the Con-
gress of the United States, any civil govern
ments which may exist therein shall be
deemed provisional only and in all respects
subject to the paramount authority of the
United States at any timeto abolish, modify,
control or supersede the same, and in all
elections 10 any office under such provisional
governments all persons shall be entitled to
vote, and none Others, who are entitled to
vote under the provisions of the fifth section
of this act, and no person shall be eligible
to any office under any such provisional gov
ernments who would be disqualified from
holding Office under provisions of the third
Article, fourth section of said Constitutional
amendment"


1t is to be observed here that the qualifi-
cations of a voter are by the fifth section
limited to an election of delegates to the
convention and to the question whether such
convention shall or shall not be held, and
. hat no qualification is declared for dele
gate so to be elected; but by sixth section
some qualifications as to voter are required
in all elections to any office under the exist
ing provisional governments during their
continuance and as to eligibility at such
elections certain classes are excluded.


The first section of the Supplemental Act
provides that, The commanding General in
each district shall cause registration to be
made of all male citizens of the United
States twenty one years of age and upwards,



State or States included in his district, which
registration shall include only those persons
who are qualified to vote for delegates by
the original act. The person offering him
self for registration is also required to take
an oath which for convenience now divide
into paragraphs and sections, preserving as
near as may be the language of the act. He
must swear or affirm as follows:


1. That he is citizen of the State and
has resided in said State for months
next preceding the day when he takes the
oath and that he now resides in the county
of -- or in the parish of -- in said
State.


2. That he is twenty-one years old.


8. That he has not been disfranchised for
participation in any rebellion or civil war
against the United States, nor for felony
committed against the laws of any State or
of the United States.


4. That he has never been q member of
any State Legislature nor held any elective
or judicial office in any State, and afterwards
engaged in insurrection or rebellion against
the United States or given aid and comfort
to the enemies thereof


5. That he has never taken an oath as q
member of Congress of the United States,
or as an officer of the United States, or as a
member of any State Legislature, or as an
elective or judicial officer of any State, to
support the constitution of the United States,
and afterwards engaged in Instruction or
rebellion against the United States, or given
aid and comfort to the enemies thereof.


6. That he will faithfully support the con-
stitution and obey the laws OF the United
States, and will, to the best of his ability,
encourage others so to do.


The second section of this act provides
that after the completion of this registration
in any StSe and after at least thirty days
public notice of the time and places which
the commanding General shall appoint and
direct, an election shall be held for delegates
to convention, and rule is given to fix
the number of delegates to be elected and
the appointment of these delegates in power
civil sub divisions, giving to each sub-divis-
ion representation in ratio OF registered
voters.


The third section provides that at the
election for delegates, registered voters shall
vote for or against the convention.


The fourth section provides for an election
to ratify the constitution that may be framed
by the delegates, and the right to vote at
this election is confined to persons registered


The sixth section provides that all elec-
tions in the States, mentioned in said origi-
nal act, shall, during the operation of such