New-York tribune., 1868-01-18
,n.0a a. .lraA 40 o,nrsner Of nnhrn road 70 have

acted al anv tme a. overseer Of public road 70 have
acted deputy perforned any duty or labor tnons
not under OATH for Ohctr whose once was
among those enumerated In certain instructions uueI
which the Boards o Registration ia That state aoteu oi
which instructions you give copy; - ,
That some who were not reached by these assumed
qualifications were rejected because they had VOii-
teered in the Confederate service
8 That Immigrants 10 Texas from other States engaged
In the Rebellion class have been excluded from reg
4 That the freed people have been registered with lit
Tie regard TO age being known 10 10 under years
of age and many being reported to have been registered
Aud you then call the attention Of the Commander OF
the Fifth Military District 10 your statements, with
view to his taking some action with respect 10 lhen'
without expressing any opinion as 10 the particular Iues
tons raised in your letter am directed by the MAYOR
General Commanding to state;
That no board OF registrars could admit TO regttra
tO under the acts of Congress any person who dd not
take the oath prescribed IN section first Of the act passed
on the 23d day Of March, 1867.
That the act OF Congress OF July o. 1861 declares that
the oath required by the first section of the 23d 0 ae
1861 shall not he conclusive on such question: ana tat
no person son should be unless the snecia
clded That ne was encd 10 De sO; ana gave sPeora P
power To said boards 10 examine under oath &c. any
one tona6g the Of Of any ReT'Jn a
g. That the same act, IN section sixth, also declares
that the words Executive or judicial officer IN any
clude all civil officers created by law for the admnlsra
ton of any general law OF State, for the adminstTa
tOn OF justiCe that Overseers Of roads are undoupt
edly officers in the sense Of the act.
ii follows, then necessarily from these acts that the
registrars. after an applicant for registration haa tahu
the oath prescribed NJ liberty first, to examine any
one, under OATH touching the qualifications OF the app
cant registration, and second, to decide upon the
evidence before them upon the applicants right to regis
tratiOB.
The mode OF proceeding for the registration OF those
entitled 10 vote detailed by you was IN conformity 70
the directions OF the different acts OF congress on lno
subject and the commander therefore set the
gistratOn aside. Nor can he without violation OF the
principles hitherto recognized binding III the manage
nent OF all public business, be called on 10 take any ac
ton as the registration OF voters mado in Texas on
the suggestion Of Judgment having been com
mtted the part OF boards of registrars In the dls
charge OF the duties imposed on them, no matter now
numerous those errors may have been.
Tho different boards of registrars were bodies having
limited judicial powers; aud their decisions are hnai IN
all cases within their jurisdiction, like those OF ordinary
courts unless there appeals taken from their de
csiOns in individual cases with Wow 70 their revision
by competent superior authority. Although there may
have been great abuses in the registration OF voters Don
Texas louisiana under the acts in question: tne
are beyond tho of correction from the exercise OF
any authority vested in the commander OF the district
am, sir. very respectfully. your Obedient servant
W. q. MITCHELL, Brcyet Lieut. Col u 5.A,
Secretary for Civil Affairs.
APPLICATION FOR TRIAL BY MILITARY COMMITS