738 



UNITED STATES. 



answer to these applications, the Secretary of 

 War (Stanton), on May 22d, addressed the 

 following note to General Grant, which was 

 adopted as a circular, and thus sent to each of 

 the district commanders : 



GENERAL : Recent occurrences in some of the mili- 

 tary districts indicate a necessity of great vigilance 

 on the part of military commanders to be prepared 

 for the prevention and prompt suppression of riots 

 and breaches of the public peace, especially in towns 

 and cities ; and they should have their forces in hand 

 and so posted on all occasions when disturbances 

 may be apprehended as to promptly check, and, if 

 possible, to prevent outbreaks and violence endanger- 

 ing public or individual safety. You will, therefore, 

 call the attention of commanders of military dis- 

 tricts to this subject, and issue such precautionary 

 orders as may be found necessary for the purpose in- 

 dicated. 



This order was indorsed hy General Grant as 

 follows : 



The above conveys all the in structions i deemed 

 necessary, and will be acted on by district^ com- 

 manders making special reports ot precautionary 

 orders issued by them to prevent the occurrence of 

 mobs or other unlawful violence. 



The opinion of the Attorney-General (Stan- 

 bery) as to the legal questions arising upon 

 these Reconstruction Acts of Congress was re- 

 quested by the President, and given on June 12th. 

 (See PUBLIC DOCUMENTS.) This opinion con- 

 tains an examination of the powers and duties 

 of the district commanders, also of the ques- 

 tions who were entitled to registration and who 

 disfranchised, with many others of less im- 

 portance. 



The subject of the opinions of the Attorney- 

 General was brought up in a meeting of the 

 President and his Cabinet, of the proceedings 

 at which the following report was made pub- 

 lic by the permission of the proper authorities : 

 IN CABINET, June 18, 1867. 



Present The President, Secretary of State, Secre- 

 tary of the Treasury, Secretary of War, Secretary 

 of the Navy, Postmaster-General, Attorney-General, 

 and Acting Secretary of the Interior. 



The President announced that he had under con- 

 sideration the two opinions from the Attorney-Gen- 

 eral as to the legal questions arising upon the Acts 

 of Congress, commonly known as the Reconstruc- 

 tion Acts," and that in view of the great magnitude 

 of the subject, and the various interests involved, 

 he deemed it proper to have it considered fullv in 

 Cabinet, and to avail himself of all the ligjit which 

 could be afforded by the opinions and advice of the 

 members of the Cabinet, to enable him to see that 

 these laws be faithfully executed, and to decide 

 what orders and instructions are necessary and ex- 

 pedient to be given to the military commanders. 



The President said, further, that the branch of the 

 subject that seemed to him first in order for consider- 

 ation was as to the instructions to be sent to the mil- 

 itary commanders for their guidance, and for the 

 guidance of persons offering for registration. The 

 instructions proposed by the Attorney-General set 

 forth in the summary contained in his last opinion 

 will therefore be .now considered. 



The summary was then read at length. 



The reading of the summary having been con- 

 cluded, each section was then considered and dis- 

 cussed, and voted upon as follows : 



1. The oath prescribed in the supplemental act defines all 

 the qualifications required, and every person who can take 



that oath is entitled to have his name entered upon the list 

 of voters. 



All voted yea except the Secretary of War, who 

 voted nay. 



2. The Board of Registration have no authority to ad- 

 minister any other oath to the person applying for registra- 

 tion than this prescribed oath ; nor to administer any oath 

 to any other person touching the qualifications of the appli- 

 cant, or the falsity of the oath so taken by him. No provi- 

 sion is made for challenging the qualifications of the appli- 

 cant, or entering upon any trial or investigation of his 

 qualifications, cither by witnesses or any other form of 

 proof. 



All voted yea except the Secretary of War, who 

 voted nay. 



3. As to Citizenship and Residence. The applicant for 

 registration must be a citizen of the State ,ind of the United 

 States, and must be a resident of a county or parish included 

 in the election district. He may be registered if he has been 

 such citizen for a period less 'than twelve months at the 

 time he applies for registration, but he cannot vote at any 

 election unless his citizenship has then extended to the full 

 term of one year. As to such a person the exact length of 

 his citizenship should be noted opposite his name on the 

 list, so that it may appear on the clay of election, upon refer- 

 ence to the list, whether the full term has then been accom- 

 plished. 



Concurred in unanimously. 



4. An unnaturalized person cannot take this oath, but an 

 alien who has been naturalized can take it, and no other 

 proof of naturalization can be required from him. 



All voted yea except the Secretary of War, who 

 voted nay. 



5. No one who is not twenty-one years of age at the time of 

 registration can take the oath, for he must swear that he has 

 then attained that age. 



Concurred in unanimously. 



6. No one who has been disfranchised for participation in 

 any rebellion against the United States, or for felony com- 

 mitted against the laws of any State or of the United States, 

 can take this oath. The actual participation in a rebellion, 

 or the actual commission of a felony, does not amount to 

 disfranchisement. The sort of disfranchisement here meant 

 is that which is declared by law passed by competent author- 

 ity, or which has been fixed upon the criminal by the sen- 

 tence of the court which tried him for the crime. No law 

 of the United States has declared the penalty of disfran- 

 chisement for participation in rebellion alone. Nor is it 

 known that any such law exists in either of these ten 

 States, except perhaps Virginia, as to which State special 

 instructions will be given. 



All voted yea except the Secretary of War, who 

 dissented as to the second and third paragraphs. 



As to Difffrandiisement arising from having held office, 

 folloiced by participation in Rebellion. This is the most 

 important part of the oath, and requires strict attention to 

 arrive at its meaning. The applicant must swear or affirm 

 as follows: "That I have never been a member of any 

 State Legislature, nor held any executive or judicial office in 

 any State, and afterward engaged in an insurrection or re- 

 bellion against the United States, or given aid or comfort to 

 the enemies thereof ; that I havenever taken an oath as a 

 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 executive or judicial officer of any State, to support 

 the Constitution of the United States, "and afterward en- 

 gaged in insurrection or rebellion against the United States, 

 or given aid or comfort to the enemies thereof." Two ele- 

 ments must concur in order to disqualify a person under 

 these clauses : first, the office and official oath to support 

 the Constitution of the United States; second, engaging 

 afterward in rebellion. Both must exist to work disqualifi- 

 cation, and must happen in the order of time mentioned. A 

 person who has held an office and taken the oath to support 

 the Federal Constitution, and has not afterward engaged in 

 rebellion, is not disqualified. So, too, a person who has en- 

 gaged in rebellion, but has not theretofore held an office and 

 taken that oath, is not disqualified. 



All voted yea except the Secretary of War, who 

 voted nay. 



8. Officers of the United States. As to these, the lan- 

 guage' is without limitation. The person who has at any 

 time prior to the rebellion held any office, civil or military, 

 under the United States, and has taken an official oath to 

 support the Constitution of the United States, is subject to 

 disqualification. 



