The New Orleans crescent., 1868-01-12

the United States, and the highest functionaries
II the national government, as to the proper con
structon TO be given TO the acts OF Congress pre-
scribiug the disqua6cstions emitting persons 70
be registered as voters asd to exercise the right
of s.rape at the elections 70 be holden under the
act entitled an act to provide for the more eti-
ciert government Of the rebel States" and the
acts supplementary thereto. Such differences of
opinion are necessary incidents to the imperfection
Of human language when employed in the work OF
legislation. -. -
general finds himself constrained to dissent from
the cor instruction given to them in the "memor-
aLda' referred to. This construction would of
urse necessarily exclude all officers holding
ices created under special acts of the State legis
la,uTes, including all officers of municipal corpor
aiops, snd OF institutions organized for the
disper sation Of charity, under the author
iiy Cf such special laws. Such q con-
struction, in the opinion of the major general
commanding, has no support in the language of
he facts OF Congress passed on the I'd and 23i of
Ma ch, ls67, which were the only acts 10 existence
when these memoranda were distributed.
Since that time, however, what was before, Ia the
tp.nion tf the commanding general, only an error
OF construction, would now be contravention of
The law. as smended and defined in the act Of
July l9, 1867.
Ihe major general commanding also dissents
ir m various other points in the construction given
tos the dsqualifying clauses of the acts 10 ques.
ton, as shown by the memoranda" re-
ferred to-, but be will add nothing fur
TIER 10 Wlat lie DdS alfea0y SAID on the
subject, because bis. individual opinions cannot
Iightfully have and ought not to have, any influ-
ence upon the boards OF registration in the dis
charge Of the duties expressly imposed upon, and
intrusted TO them by the acts Of Congress as they
now stand. The boards of registration are bodies
created by law with certain limited but well de-
fined judicial powers. 1t Is made their especial
duty to r" ascertain, upon euch facts as they can
obtain, whether any person applying is entitled to
be registered under the acts. Their decisions
upon the cases of individual applicants are final
as TO the right, unless appeals are taken, in the
proper form, and carried before competent su-
perior authority for revision, and like the members
Of ordinary courts, engaged in the exercise of ju-
dicial functions, it is the bounden duty of the
members of the boards of registration to decide
upon the questions as to the right on any appli-
can't, on the facts before them, and in obedience
t. the provisions Of the law.
Since the passage of the act of July 10, 1867, it
il not only the right, but the solemn duty of the
members Of these boards, each for himself, and
under the sanction Of his oath of Office, to inter-
pref the provisions OF the acts from which the au-
thority of the boards was derived, and to decide
upon each case according to the best Of his own
judgment.
The distribution of the above memoranda"
was well calculated to produce the impression In
the minds of the members Of boards Of regis.
tration, that they constituted rules prescribed to
them for their government in the discharge OF
their official duties they were required to obey;
and il seems certain from various communications
Of facts in relation to the mode of carrying out
the egstratOn, that they were so regarded by
the members of the boards, and that they not
only Influenced, but in point of fact, controlled
tie proceedings of the different boards.
In consequence Of this, and as the time for the
revision of the registration in the State of Texas
is now st hand, and the duty of making the re-
vision will, it is probable, in great degree be
performed by persons who are members of the
boards Of registration, TO which the "memorapdan
in question were distributed for their guidance the
msjor general commanding deems it of importance
that the members of the boards of registration,
and the people at large, should be informed that
the memoranda " before referred TO, distributed
from the headquarters of this military district, are
null and of no effect, and are not to be regarded
by the boards of registration in making their de-
cisiOns; and that the members of the boards are
to look TO the laws, and to the laws alone for the
rules which are to govern them in the discharge Of
the delicate and important duties imposed upon
them.
Fer this purpose they will be furnished with
copies of the acts Of Congress relating to this sub
ject and of the amendment (knowu as Art. XIV.)
10 the Constitution of the United States.
In case Of questions arising as to the right OF
any individual to be registered the person him.
self sggTieved is entitled to his appeal from the
decision of the board, and the boards are directed
TO make fu statement of the facts in such cases,
and 10 forward the same to these headquarters
without unnecessary delay.
BY command of Major General Hancock:
GEO. l.. HARTSUFF,
Assistant Adju'aot General