Year: 1867

berry.


The long-looked for opinion of Attorney
General Stanberry on the clauses of the re


construction act on the subject of voting
and holding Office was made public in Wash
/ ingtOn last Saturday. The opinion as t0 the
powers Of the commanding generals viii be
given hereafter. As to the act he says:
/ The qualifications Of a voter are, by the
/ fifth section, limited to the election of dele
! gates to convention and to the question
whether such convention shall or shall not
1 be held, and that no qualifications as to
voters are required In ali elections to anv
/ Office under existing provisional governments
/ during their continuance; and as to eligi
! bihty at such elections certain classes are
! excluded As to the supplemental, he says,
the question of qualification or disqualifca-
ton is fixed by registration. No power is
/ given to any other Board or any other au-
thority after registration is completed, to
change the registry of the persons whose
names are entitled to vote, subject TO hmita-
/ ton herein after mentioned and no other.
/ This registration must be completed before
the ist of September, 1867. The functions
of the Board Of Registration cannot be eX-
tended beyond that fixed time, but after that
the duties that remain will be performed by
the officers composing the Board, and are
limited to holding and experimenting eiec-
tons and making proper returns to the COM
manding General This brings as to the
direct question: Who Is entitled to regis
! tratiOn? First, " As to citizenship and resi-
! dence, no persons are entitled, who shall
not be resident IN a State one year previ-
GUS to the day of election. 1t is not neees-
sary that this previous residence for year
should exist at the time the person applies
| for registration. A person in all other re-
spects entitled to vote, is entitled to regis
| tratiOn, though he has not at the time been
resident of State for the full year, for we
find in a supplement act that the oath, az to
residence does not require the applicant 70
/ swear that he has then been a resident for
year, but only requires him to state the
number of months of his residence, and If
/ he contemplated a period less than, as well
/ as full period of, twelve months. There
1 fore, as to such person so registered, II lt
| happen at any election subsequently to be
! held, that the time of his residence, count
! ing from the day Of election does not cover
/ the entire year, he can't vote at such cleo


ton, for the Supplemental act does not, as
| to residence, change the provision Of the


original act as 1t Is explicitly, provided by
/ it as to registration, that it shall include


only those qualified to vote by the original


act to carry out the purpose Of the law IN


this respect as to residence. The boards Of


registration should not oppose the name of
| the person whose residence Is not extended


to the full term. The exact time of residence


as to citizenship and qualification, as stated
/ in the original act, Is citizenship of the
/ State, but by the first clause of the first sec


ton In the supplemental act, the registration
| is to be made Of male citizens of the United
States and as to the oath, the applicant is
only required to say he is a citizen Of the
State. l am of opinion that the phrase citi-


zen of the State, as used IN the oath, Is in.
| tended to include such persons as are citi-


zens of the United States, and that an alien
who has not been made citizen Of the
United States cannot safely take the oath,
but as boards of registration have only au-


thOrity to administer the prescribed oath,


they cannot require any further oath as to


citizenship, and if an alien is not made a


citizen of the United States, and takes the


oath, he takes it at his peril and is subject


to prosecution for perjury, and as to age no


one is entitled to registration who is not at


least twenty-one years Of age, only if he ap-


plies for registration in this respect qualifica-


ton as to age differs from qualification as to


residence AS to Acknowledgement, the fifth


section of the original act denies the right


to vote to such as may be disfranchised for


participation in the rebellion or felony at


common law; the words here used IN the re-


bellion must be taken to mean the recent re-


bellion, but the supplementary act enlarges


disqualification, and requires the applicant


to swear that he has not been disfranchised


for participation in any rebellion or civil
: war against the United States norfor felony


committed against any law Of any State OF


the United States. The mere fact of partici
patton or commission does not of itself WORK


as disfranchisement; it must be ascertained
by Judgment of act Of Legislature, ac


in which / know Of no law of the Unitec
States which works Acknowledgement as t
right of suffrage by force of the act itself
nor does such a consequence follow from
? conviction for treason or any other act o
participation in the rebellion The provision
, in the United States, does not declare, wha
) shall be the punishment on conviction o
treason. That is left for Congress, with thr


limitation that the corruption Of blood shal


not follow as the consequence Of any for


feiture, except during the life of the party


Congress, in the exercise Of power, has lmi
! ted such punishment on conviction, to pen


atty of death or imprisonment, and by tn
r mauumissiou Of slaves owned by the party
l and the disqualification Of holding oiic
under the United States"