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


Mitchell, Gen. Hancocks secretary for civil
affairs, to prominent citizen of Texas, will be
read with much interest by the public. There
is naturally great anxiety ohave some author
tatiye exposition of the views of the commanding
general, on the question of. registration. and this
letter. to the extent Of the ground which it covers,
may be considered 20 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. or 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 oD 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 a military commander, should
the registrar look for instructions. This is GER
tainly good beginning, and ar eminently favor
able contrast with the tyrannical and reckless
course Of the former commander of this de-.
partment
HEADQUA RTERs. 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
/. That the board of registrars, in the State of
To EalA a. - slo.ss e.
ton. TO have acted at any time as overseer 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 copy.
2. That "some who were not reached by these
sssun 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 a class have been ex.
cluded from registration.
4. 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 10 have been registered who were only
seventeen, eighteen ar d nineteen years of age"
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
reeted 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 oct passed on the twenty third day
Of March, 1867.
2. That the act of Congress Of July twenty
third, 1867 declares that the oath required by the
first section CT the act of the twentv-thlrd of March,
1867, shall not be conclusive on ouch question:"
AID that no person should be registered unless"
the !" board decided that he was entitled to be
examine under oath, +" etc., "sny 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
clsres that the words Executive or judicial officer
in any State" in said oath mentioned shall be con-
sirued to include all civil officers created by law
for the administration of any general law of
State, or for the administration of justice; so that
OyeIseeTs 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
tratOn 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 mode Of proceeding for the registration Of
those entitled to vote, as 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
cen 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 10
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 decisi-
ons are final in all cases within their jurisdiction,
like those of ordinary courts, unless there are sp
pesls taken from their decisions in individual
cases, with a view to their revision by compe-
tent superior authority. Although there may
have been great abuses in the registration Of
voters, both in Texas and Louisiana luder 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. VI TCHELL.