Year: 1867

Expressions of DistoUGlfy Not
The Prescribed Oath IN the Sole Test.
WASHINGTON, May 26.-Attorney Gen
eral Stanberry's opinion on clauses of the
reconstruction act, on the subject of voting
and holding Office, is made public, and the
opinion as t0 the powers of Commanding
Generals will be given hereafter to the act
He says the qualification of voter are by
the fourth section limited to the election of
delegates to the convention, and to the cues
tiOn whether such convention shall or shall
not be held, and that no qualification as to
voter are required in all elections TO anv
offices under the existing provisional gov
ernment during their continuance. and as
to the eligibility Of such elections, certain
classes are excluded.


As to the supplemental act, he says ::
THE question of qualification or disquali-
hcatlOn Is liked by registration. No power
is given to any other board or any other au-
thorlty, after registration Is completed, to
change the registry. The persons whose
names are entitled to vote aresubiect to the
limitation hereaftermentioned andno other.
This registration must be completed before
the lst of September, 1867.


The functions of the Board of Registration
cannot be extended beyond that fixed time,
but after that time the duties remaining to
be performed by the officers composing the
board are limited to holding and support
ing elections and making proper returns to
the Commanding General. This brings us
to the direci question:! who are entitled
to registration? First, as to citizenship
and residence, no persons are entitled who
shall not be resident in the State for one
year previous to the day of election. 1t is
not necessary that this previous residence
for year shall exist at the time person
applies for registration, though he has not
at that time been resident of the State for
a full year; for we find in the supplemental
act that the oath, as to residence, does not
require the applicant to swear that he has
then been a resident for a year, but only
requires him to state the number Of months
OF hls residence, contemplating a period
less than, as well as the full term of twelve
months, therefore, as to such person so reg
istered, If it happen at any election subse-
quently to be had, to that time of his resi-
dence, counting from the day of election,
does'not cover the entire year, he can vote
at each election, for the supplemental act
does not, as to residence, change the provi-
sion of the original act, az it is explicitly
provided by it, as to registration, that it
shall include only those qualified to vote
by the original act, to carry out thepurpose
of the law in this respect as to residence.


Boards of Registration should not oppose
the name of person whose residence is not
extended TO the full term or exact time of
residence As to citizenship qualification
stated in the original act, is citizenship of
State, but by the first clause Of the first sec
ton in the supplemental act the registra-
ton is TO be made of male citizens of the
United States, and as TO the oath the appli-
cant is only required to swear that he is
citizen of the State.


! am of the opinion that the phrase "citi-
zen of State" as used in the oath, is intend
ed TO include only such persons as are citi-
zens of the United States, and that an alien
who has not been made a citizen of the
United States cannot safely take the oath :;
but as Boards of Registration have only
authority to administer the prescribed oath,
they cannot require any further oath as to
citizenship and if an alien not made
citizen of the United States 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 he APP
plies for registration in this respect. Quali-
EnotInp 10 lifaYas
as to residence, and the faith that majority
must exist at the date of registration, his
relation to the day of subsequent election.


As to disfranchisement, the fifth section
of the original act denies the right to vote
to such as may be disfranchised for partici-
patton in the rebellion or felony at common
law the words here used, "in the rebel
lion" must be taken to mean the recent
rebellion but the supplement act enlarges
| the disqualification, and requires the APP
plicant to swear that he has not been dis
franchised for participation in any rebellion
or civil war against the United States, not
for felony committed against the laws Of
any State or the United States.


The mere fact of participation or COM
mission does not, of itself, work as disfran-
chisement. 1t must beascertained by iudg-
ment of the account of legislative action.
| am not aware of a law Of the United
States which works disfranchisement as to
the right of suffrage by force of the act it
SELF, nor does such consequence follow
from the conviction for treason, or any
other act of participation in rebellion


The provision in the constitution of the
United States does not declare what shall
be the punishment of treason; that is left
for Congress, with the Limitation that cor
ruption of blood shall not follow as a con-
sequence of any forfeiture, except during
the life of the party. Congress, in the ex-
ercise of this power, has omitted such pun
ishment on conviction TO the penalty of
death or imprisonment, and by manumis-
sion of slaves of Maryland by the party,
and to disqualification from holding Office
under the United States. | am not advised
of statute now in force in either of the
ten States, except, perhaps, prescriptions as
to officers, as to the state of the judicial or
executive, and as TO Federal officers terms.
The executive or judicial are not expressed.
He is described simply as an officer Of the
United States. Officers of the militia Of a
State are not included in these terms of de-
scription, else the act would have included
cavalier military officers of the State seen
In the third section of the constitution.
The fourteenth Congress expresses that pur-
pose very clearly.


That alien iis expressly referred to more
than once in these acts is made in fact a
part of these acts, its language is followed
word for word in these qualifying clauses
as tar as possible, except in the particular
in which one is made 10 apply TO eligibility
and the other the right to vote When
therefore we find Congress, in declaring
what persons shaH-be disfranchised from
holding any office, expressly includes mill
tary as well as civil officers, as in the third
section referred 10, and in providing what
may be declared TO be disfranchisement.
As TO the right Of suffrage BY force of the
act ltself the original act contemplates dis
reimbursement arising from participation
IN rebellion. Where disfranchisement,
under the fourth and fifth clauses of the
supplemental bill does not arise from such
| participation, bat the other elements must
concur, that is, the holding Of certain
othees, or Of participating in the rebellion
against the United States, as to the same,
or members Of State Legislature. Con
gress clearly enough designated a State
convention for framing amendments.


A State constitution, though clothed
with legislative power, cannot properly be
called 3 State Legislature, and, in acts