The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-01-18
National @spnblifau.
IoFrIcIAL \


the military bill passed March 2, 1867, and the
bill supplementary thereto" and "qusstions TO
be answered By persons proposing to register, /"
were distributed from these headquartsrs In the
month Of May, 1887, to the members Of the
boards Of registration, then in eIistsnos In the
States Of Louisiana and TEXAS, for the rsgistra.
ion Of "lhe male citizsns Of the United States"
who are qualified to vote for delegates under the
act entitled "An set to provide for the more
eneisnt government OF the rebel States."
These Memoranda" and ''Questions" are -
followp:
sroe Of the Boaras Of Regisfrars andv the
Mii'fary BIZ, pa,,ed March ., 1867. ard tie
Ell supplementary thereto.
l. Every person who has acted n United
State. Senator or Representative.
:. AL who have acted a. electors and president
or vice president.
). Every person Who held any position IN the
army or navy Of the United States.
4, All persons who held any position under
the United States In which they were required
TO take a. oath before they entered upon the
duties Of ofhee: such a oficsrs In the custom
house. post once. mint judges, and all oehesrs
Of the United States courts, United States mar
shal,, and deputies.
). All who have been Governor Of the State,
state Senator or Representative, Secretary Of
State, Treasurer, and all ofiesrs provided for In
the eonstitutions Of the State, made In 1S45 and
1859, including judges Of courts, justices Of
peace, clerks Of courts and deputies, sheriff. and
deputies, eonstabies and deputies, IA. collectors,
assessors, eoroners, police jurors. auetioussrs,
pilots, harbor- masters, recorders Of convsysnos
and mortgages, parish recorders, notariss public,
and oil commissioned officers In the State militia.
Every person Who has acted a. mayor Of the city,
treasurer controller, recorder, alderman, sssist-
ant alderman, assessor, tar collector. admins
traitor Of TIE charity hospital, . member Of the
bosrd Of health, . commissioner Of elections and
his clerks, chief Of police, lieutenant Of police,
and all who have served on the police force,
usrdens and under wardsns Of the parish prison
And workhouse, board Of school directors, city
surgeons and deputiss, street commissioner and
dsIutiss, city attorney and assistant attorney,
superintendent Of public schools, inspectors Of
tobacco, -four, beef, and pork, and weights and
msasures, managers Of the asylums for the deaf
and dumb and blind, and sections Of cemeteries.
All who in 1862 and 1854 registered them
selves as aliens, or who obtained protsotion
papers FROM tho representatives Of foreign
Powers.
Any person who at any time held any Of the
above Offices, and who Afterwards engaged In
rebellion against the United States, or gave aid
and comfort to the enemies thereof, are dis
qualified from voting.
QUESTIONS TO m ANSWERED BIT PERSONS PRo-
POSING TO REoIsrER.
J. Have you been United States Senator,
Representative, or elector Of President or Vice
President at any time before January 10, 1857
IL Did you hold any ONCE under the United
Slater GeIsrnasei Of any kind Whatever before
III pit IVA bsSt rrY n Sc under the Gov
sr.zsr: 81 ihif sasss d any kisd vhstsosvsr to
Which yea utr, tlsessd O. sppointed prior to
January 70. 1882
". Did you hold any Office under the city
government Of any kind Whatsoever, to which
you we're elected or appointed, prior to Jan.
uary 20, 1862
" Did you In 1863 or 1854, register yourself
4. an alien, or did you obtain protection pspsrs
frs n the representatives Of any foreign Povsr'
Ia ease any Of the preceding questions are
ras~sred yes" or should you know they ought
IL IL 20 answered, 10 would DO proper TO ask the
.ninvinR:
II We're you IN the eonssdsrsis SERVES,
a.iEuy anval, or sivil, or did you ever give
LII mi iumfnrt ID thoss snssesd 10 hsssiIisy 70
iia Iinbt starasl r. answered. Yes" or II
IN EiIv c a is ~, IhsY must not be frightened
s--ITs tfsrsrsss at ipiniau szist smsag ths
s-as s-tIrrat t-a riss ;uusci surious siti5sns Of
Il. 7 -i:~4 s.EEsI aai ias highest fanstionariss
e :ts rEiis-al gsrsrrzsrt ~ to- the proper con
st---iiou 70 be gwen 10 tie aets Of Congress pre-
E.Tibing the gaalif estions entisling persons TO
be registered as voters and to exercise the right
a mirage at the elections TO be holden under
the act entitled An act to provide for the more
efheisnt government Of the rebel States" and
tho acts supplementary thereto. Such differ
ences Of opinion are necessary incidents to the
impsrfection of human language whom employed
In the work Of legislatipg.
Upon examining those acts the commanding
general finds himself constrained TO dissent
from the construction given to them In the
memoranda referred to. This construction
would necessarily exclude all officers holding
Offices created under speeiai acts Of the STATE
legislatures, including all officers Of municipal
corporations, and Of Institutions organised for
L. - II a.. ...A. L.. Ii
of such special laws. Sncb . construction, In
the opinion Of the major general commanding.
has no support in the language Of the aats Of
Congress passed on the I'd and the 23i Of March,
1867, which were tho only acts In existence
when these ''memorands" were distributed.
the opinion OF tho commanding general, only
an error Of construction would now bs con-
travention Of the law. ss amended and defined
in the act of July 10, 1867.
Tho major general commanding also disssnts
from various other points in the construction
given to the disqualiiying clauses Of the acts in
question, as shown By the memoranda" 70
ferrod to, but he will add nothing further to
what he has already said on the subject. because
his individual opinions cannot rightfully bavs
and ought not to have, any influence upon the
boards Of registration In the discharge Of duties
expressly imposed upon and intrusted to them
by these acts Of Congress Is they now stand.
law with certain limited but we'll defined judicial
powers. 1t Is made their especial duty $50 a.
certain upon such facts as they can obtain
whether any person applying Is entitled to be
registered" under tho acts. Their decisions
upon the cases Of individual applicants are FINAL
as to the right, unless appeals are taken in the
proper form, aud carried before competent supe-
rior authority for revisioni and like tho mem.
bers Of ordinary courts, engaged in the exercise
of judicial functions, 1t Is the bounden duty Of
the members Of the boards Of registration to de-
eide upon tho questions as to the right Of any
applicant on the facts before them, and In ODE
dienco to the provisions Of the law.
Since the passage Of the act Of July 10, 1857,
II is 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
interpret the provisions Of the acts from which
the authority 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, u
was well calculated to produce the impression
In the minds Of tho boards Of registration that
they constituted rules prescribed to them for
their government In the discharge Of their of.
oial duties which they were required to obey
and 1t seems certain from various communicA.
tons Of facts in relation to the mode Of carrying
ont tba 1tst ratian that thav vefs an dsd