Year: 1867




OF the Attorney General.


.sv WASHINGTON, May &c, 1867.


Attorney General Stanbery's opinion
on the clauses of the Reconstruction
act ON the subject of voting and hold
ing office, is made public. The opinion
as to the powers of commanding gen.
erals will be gwen hereafter. AS to the
original act he says:


The qualifications of voter are by
the fifth section limited to the election
of delegates to convention, and to
the question whether such convention
shall or shall not be held; and that no
qualification rs to the voter are required
in all elections to any office under ex-
isting provisional governments during
their continuance, and as to eligibility
at such elections, certain classes are ex-
cluded.


As to the supplemental act, he says:


The question of qualification or dis
qualification is fixed by registration.
No power is given to any other board
or any other authority after registration
is completed to change the registry.
The persons whose names are admitted
to registry are entitled to vote, subject
to the limitation hereinafter mentioned,
and no other. This registration must
be completed before the first day of
September, 1867. The functions of tie
board of registration cannot be extend
ed beyond that fixed time, but after
that time the duties remaining to be
performed by the officers composing
this board are limited to holding and
elections and making
proper returns to the Commanding
sThis brings us to the di.
rect question, who is entitled
to registration First. as to cit
and residence, no persons
are entitled to vote who shall not be
in the State for one. year pre-
vious to the day Of election. 1t is not
necessary that this previous residence
for year should exist at the time the
person applies for registration. A per
son in all other respects entitled to vote,
is entitled to registration, though he
has not at the time been resident OF
the State for full year; for we find in
the supplemental act that the oath As
to residence does not require the appli-
can't to swear that he has been a resi-
dent for year, but only requires him to
state the number of months of his resi-
lence, contemplating period less than,
as we'll as the full term of, twelve
therefore, as to such person so
registered, if it happen ut any election
to be held, that tho 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
residence, change the provisions of the
original act, as it is explicitly provided
by it as to registration, that it shall in
,lude only those qualified to vote by
the original act. To carry out the pur
pose of the law in this respect as to res
Idence, 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 residence


As to the citizenship qualification, it
IS stated in the original act it is citizen
ship of the State; but by the first clause
Df the first section in the supplemental
ry net, the registration is to be made of
male citizens of the United States, and
as to oath the applicant is only required
TO swear he is a citizen of the State. |
am of opinion the phrase "citizen of the
State" as used in the oath, is intended
to include only such persons rs are cit
,,an, Of tho I-uitn1 Stntns anI 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 authority to administer the
prescribed oath, they cOuldrequire only
further oath as to citizenship, and if an
alien not made citizen of the United
States takes the oath, he takes it at lis
peril, and is subject to prosecution for
perjury. e..-.. ..a


Second, as to age, no one is enti
tied to registration who is not at least
twenty one years ofage when he apples
Ior registration. In this respect the
qualification as to age differs from the
qualification as to residence, and the
fact that majority must exist at the
late of registration. --.


Third, as to disfranchisement, the fifth
section of the original act denies the
right to vote to snch rs may he disfITn
;hised for participation in the rebellion
II felony at common law. The wmds
lere used, 'in the rebellion" must he
aiken to mean the recent rebellion; but
he supplemental act enlarges the dis
qualification, and requires the aplli
amt to swear that he has not been dis
'ranchised for participation in any re-
JelliOn or civil war against the United
States or felony committed against the |
avs of any State or the United States. |
rhe mere fact of such participation or
commission does not of itself work
it must be ascertained !
Jy Judgment of court or legislative |
lct. / am not aware of any law of the |
United States which works disfranchise- |
nent as to right of suffrage by force of
IN act itself, nor does such a conse-
luence follow from conviction for trea-
'on or any other acts of participation in
'ebcllion. The provision in the Consti- |
utiOn of the United States does not de- |
,lare what shall be the punishment on
conviction of treason; that is left for
Congress, with the limitation that cor
upton of blood shall not follow as a
of any forfeiture except |
Turing the life of any party. Congress,
n the exercise of its power, has limited
such punishment on conviction to the
of death or imprisonment,
md by manumission of slaves own |
ID by the party, and to disqualifca-
ion from holding any Office under
he United States. am not advised of
my statute now in force in either of
.hese ten States, except, perhaps, Vir- |
yinia, which declares Acknowledgement
Is to right of suffrage by force of the
vet itself. The original act confem-
plates disfranchisement as arising from |
in o rebellion, whereas
under the fourth and
fifth clauses of the supplemental bill
loes not arise from such participation,
,ut other elements must concur; that is,
he holding of certain offices or taking
IN official oath by certain officers and
participating in rebellion
.gainst the United States. As to some |
,fiicers, no donbt members. Of STATE |


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