The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-10
REGISTRATION.


Mitchell, Gen. Hancock's secretary for civil
affairs, to a prominent citizen of Texas, will be
read with much interest by the public. There
is naturally great anxiety to have some author
itative exposition of the views of the commanding
general on the question Of registration, and this
letter. to the extent Of the ground which 1t covers
may be considered 70 fulfill this requirement. In
view of the probable passage of the new supple.
mental bill, it is extremely desirable to know
whether or not Gen. Hancock sntertains views of
his duty, under the law, corresponding with those
of Gen. Sheridan. OF course his expressed
opinions on the great question of the supremacy
Of the civil and statute law, leads to the inference
that be would utterly condemn and reject the
arbitrary methods employed by his predecessor |;
but we have not, as yet, had any official intima
ton of his opinions on this important point. The
letter to Mr.. Hancock does not, it is true, cover
the whole ground, because the inquiries which
ELECTED it, were limited to particular points.
Nevertheless the general scope of Gen. Han
cocks views may be reasonably inferred from
his reference to the law as his sole guide and his
declaration that to the law alone, and not TO the
arbitrary will Of military commander, should
the registrars look for instructions This is Ger.
tainly good beginning, and ar eminently favor.
course of the former commander of this de.
partment
HEADQUARTERS. FIFTH MILITARY DISTRICT
OFFICE OF SECRETARY FOR CIVIL AFFAIRS,
New Orleans, La, Dec. %. 1867.
Hon John Hancock Austin, Texas:
Sir am directed by the major general COM
manding to acknowledge the receipt of your let
ter OF the twenty-third inst, in which you state
i. That the board of registrars, in the State of
Texas held it to be disqualification for registra-
ton; TO have acted at any time as oyerseer of
public road, TO have acted as a deputy, or per
formed any duty or labor, though not under oath.
for any officer whose Office was mentioned among
those enumerated in certain instructions under
which the boards of registration in that State
acted. OF which instructions you give a CODY.
2. That "some who were not reached by these
sssuue ed qualifications - were rejected "because
they bad volunteered in the Confederate service"
3. That immigrants to Texas, from other States,
engaged in the rebellion, as class, have been ex-
cluded from registration.
A. That the " freed people have been registered
with little regard to age, some being known to be
under twenty-one years Of age, and many being
reported TO have been registered who were only
seventt en-, eighteen ar nineteen years of age.n
And you then call the attention of the com.
mander Of the fifth military district TO your state
ments, with view to his taking some action with
respect to them.
Without expressing any opinion as to the par.
tcular questions raised in your letter, am di
rected by the major general commanding to state:
]. That no board of registrars could admit to
registration, under the acts of Congress- any per-
son who did not take the oath prescribed in sec
ton first, of the ect passed on the twentythird day
Of March, 1867.
2. That the act of Congress of July twenty
third 1867, de cares that the oath required by the
first section CT the act of the twentythrd of March,
1867, " shall not be conclusive on such question:
AID that no person should be registered unlessn
the board decided that he was entitled to be
so;" and gave special power to said boards " to
examine under oath, etc., "any one touching the
qualification Of any person claiming registration"
etc. See section Of the act Of July %, 1867.
3. That the same act, In section sixth, also de.
csres that the words executive or judicial officer
in any State" in said oath mentioned shall be con-
srued TO include all civil officers created by law
for the administration of any general law of a
State, or for the administration Of Justice so that
OyerseeTs of roads are undoubtedly officers in the
sense Of the act.
1t follows, then, necessarily, from these acts
that the registrars, after an applicant for regis
tratiOn had taken the oath prescribed, were at
liberty, first, TO examine any one, under OATH
touching the qualifications Of the applicant for
registration, &C., and, second, to decide upon the
evidence before them upon the applicants right
to registration
The mede Of proceeding for the registration of
those entitled to vote, detailed by you, was in
conformity to the directions of the different acts
Of Congress on the subject, and the commander
cannot therefore set the registration aside. Nor
can be, without violation of the principles hither
10 recognized as binding in the management Of
all public business, be called on TO take any &C.
ton es 10 the registration of voters, made in
Texas, on the suggestion of errors in Judgment
having been committed on the part of boards of
registrars. in tho discharge OF the duties imposed
on them, no matter how numerous those errors
may have been.
The different boards of registrars were bodies
having limited judicial powers; and their decis
ons ere final in all cases within their jurisdiction
Ike those OF ordinary courts, unless there are ap
ptals taken from their decisions in individual
cases, with view to their revision by cOmpe.
tent superior authority. Although there NAV
have been great abuses in the registration of
voters, both in Texas and Louisiana, lnder the
acts in question, they are beyond the reach Of
correction from the exercise of any authority
vested in the commander Of the district.
am, Sir, very respectfully, your ob'dt serv't,
W. q. TCHELL.
Brevet Lieut. Col L. s. a, Secretary for Civil Affsirs