50 



ARKANSAS. 



who has held an executive or judicial office under 

 the State government, and who afterward engaged 

 in or voluntarily aided rebellion or secession, is dis- 

 qualified as a voter. Until the decision of the attor- 

 ney-general is received upon the subject of disquali- 

 fication, the exclusion of all applicants for registry 

 in this class will be carried into effect with the most 

 rigid interpretation of the law. Undoubtedly the de- 

 cision of the attorney-general will relieve from this 

 disqualification many in this class who held only 

 minor offices, and who were not included in the in- 

 tention of the law, but, until that decision is made 

 known, it is not within the province of the board to 

 exercise any discretion. 



The organization of the boards commenced 

 immediately after the issue of the preceding 

 memoranda, and the work of registration was 

 in progress before the close of the month. The 

 oath required is given in the act of Congress. 

 (See PCBLIC DOCUMENTS.) 



On May 16th an order was issued by General 

 Ord. calling the attention of the post com- 

 manders to the great prevalence of horse-steal- 

 ing in parts of Arkansas and Mississippi, and di- 

 recting them to exert their utmost efforts to 

 break it up, and to turn over the criminals when 

 arrested to the nearest post commander for 

 trial. Subsequently, on June 7th, permission 

 was given by the Secretary of War to General 

 Ord, on the application of the latter, to send a 

 limited number of persons thus convicted by 

 military commission to the Dry Tortugas as a 

 place of punishment. 



On June 10th General Ord issued his final 

 instructions to Boards of Registration as fol- 

 lows : 



[Circular of Instruction to Boards of Registration.] 

 HEADQUARTERS FOURTH MILITARY DISTRICT | 

 (MISSISSIPPI AND ARKANSAS), 

 VICKSBURG, Miss., June 10, 1867. j 



1. Precinct books will not be made in duplicate, 

 but the county books will be. Precinct books will 

 be retained by the board until after the election, as 

 they constitute the poll-books of the respective pre- 

 cincts. After the election they will be forwarded to 

 these headquarters under cover to the assistant ad- 

 jutant-general. The county books will be made by 

 transcripting from the precinct books immediately 

 after registration in the county is closed, and both 

 copies will be sent at once to the assistant adjutant- 

 general at these headquarters. 



2. No charge is allowed to be made by the board 

 or any one connected therewith for registering a 

 voter under any circumstances. If such charge nas 

 been made in any case, or should it hereafter be 

 made, the facts should be at once reported at these 

 headquarters, that the offender may be brought to 

 trial by military commission. 



3. The act of Congress requires that every regis- 

 tered voter shall have taken and subscribed the oath 

 which is printed at the top of every page of the pre- 

 cinct registration books. Boards of Registration will 

 therefore require every one registered to subscribe 

 his name in the column under the heading " name," 

 or, if he cannot write, his name will be entered in the 

 column and his mark or cross made and witnessed 

 by a member of the board. 



4. Boards are informed that the acts of Congress, 

 providing for the registration, are the sole guide and 

 rule for their action. The Board of Registration is 

 not empowered to decide, in doubtful cases, upon the 

 question of qualification or disqualification, 4 but is 

 required to register and grant certificates of registra- 

 tion to all persons who take and subscribe the pre- 

 scribed oath. In the first instance, the applicant 



himself must determine, on his own responsibility 

 and at his peril, his ability or disability ; and, after- 

 ward, the tribunal authorized to try those who falsely 

 take the oath, and not the registrars, is the arbiter 

 appointed to decide this question. But the regis- 

 trars are expected promptly to report to these head- 

 quarters, for investigation by a military commission, 

 all cases in which it shall appear that any disquali- 

 fied person has taken and subscribed the oath. 

 When, therefore, any doubt is known to exist, it is 

 the duty of the board to exert every proper means in 

 its power to ascertain the antecedents of the appli- 

 cants, who, also, should be particularly interrogated 

 (the questions and answers being noted) respecting 

 the supposed ground of disqualification. If there is 

 cause for believing that he is disqualified by reason 

 of having held office and afterward engaged in rebel- 

 lion, he should be warned of the penalty affixed, by 

 section 6 of the supplementary act, to perjury, and 

 that his case will be reported to the headquarters for 

 investigation, and then be asked, whether he ever 

 held any public office ? If so, what ? where, and 

 when, and for what period ? Whether in assuming 

 or exercising such office he took an oath to support 

 the Constitution of the United States? and whether 

 he afterward engaged in rebellion against the United 

 States, or ever voluntarily gave aid and comfort to 

 the enemies thereof. If he insists upon his ability to 

 take the oath prescribed by law, it shall be adminis- 

 tered and subscribed to by him, when the board will 

 issue to him a certificate of registration. In every 

 such case, there will be entered in the register oppo- 

 site the name of such person the remark "reported 

 for investigation," and the board will immediately 

 make the report heretofore directed of all the facts 

 to these headquarters, setting forth the ground and 

 evidence of such supposed disqualifications, the 

 name of witnesses, and with as much care as possi- 

 ble the facts, dates, and place in question. In addi- 

 tion to the report made to district headquarters, a 

 list of persons so registered and reported will be 

 submitted by every board to the officer detailed to in- 

 spect and supervise the registration in the county. 



5. The following officers in fliis district are clearly 

 included within the terms executive or judicial offi- 

 cers of any State, viz., governors, secretaries of 

 State, auditors, State treasurers, attorneys-general, 

 judges of the supreme court, of the high court of ap- 

 peals, chancellors, judges of the circuit court, judges 

 or justices of the county courts, sheriffs, coroners, 

 and iidjutaiifs-^cneral and quartermasters-general 

 who have actually exercised the duties and received 

 the salaries of their offices, and mayors authorized 

 to act in a judicial capacity. 



6. To give an opportunity for the registration of 

 all persons who have not been able to present them- 

 selves, or have been rejected by the boards on ac- 

 count of previous instructions to reject all doubtful 

 cases, but who may under the above instructions 

 take the oath and register, each board will meet at 

 the most accessible place for all the people in the 

 county for at least two days ; of which meeting ten 

 days' notice shall have been generally published, and 

 at this meeting the registration of the county will be 

 completed. By command of 



Brevet Major-General ORD. 

 JOHN TYLER, 1st Lieut. U. S. Infantry, A. A. A. G. 



The fourth section of these instructions was 

 thus noticed in a letter from General Grant to 

 General Ord: 



"WASHINGTON, June 23, 1867. 

 Brevet Major-General E. 0. C. Ord, commanding 



Fourth District : 



GENERAL : A copy of your final instructions to the 

 Board of Registration, of June 10, 1867, is just re- 

 ceived. I entirely dissent from the views contained 

 in paragraph four. Your views as to the duties of 

 registrars to register every man who will take the re- 

 quired oath, though they may know the applicant 



