728 



TEXAS. 



the county." General Hancock could not see 

 in this case sufficient reason for the exercise of 

 the authority vested in him, of ordering a trial 

 by military commission, "when in his judg- 

 ment it may be necessary." He said: "At 

 this time the country is in a state of profound 

 peace. The State government of Texas, organ- 

 ized in subordination to the authority of the 

 United States, is in the full exercise of all its 

 proper powers. The courts duly empowered 

 to administer the laws, and to punish all offend- 

 ers against these laws, are in existence. No 

 unwillingness on the part of these courts is 

 suggested, to inquire into the offences with 

 which the prisoners in question are charged ; 

 nor any obstructions whatever in the way of 

 enforcing the laws against them said to exist. 

 Under such circumstances there is no good 

 ground for the exercise of the extraordinary 

 power vested in the commander to organize a 

 military commission for the trial of the persons 

 named." 



He also expressed his surprise that the mili- 

 tary power should be invoked in such a case, 

 and declared that the powers possessed by the 

 State government were sufficient for the trial 

 of prisoners of this kind, and, if those powers 

 were not exercised, it must be attributed to the 

 " indolence or culpable inefficiency of the offi- 

 cers now charged with the execution and en- 

 forcement of the laws under the authority of 

 the State government." This called forth a 

 reply from Governor Pease, who denied the 

 statement that the country was in a state of 

 profound peace, and declared that a large ma- 

 jority of the white population was " embit- 

 tered against the Government," and regarded 

 the legislation of Congress as unconstitutional 

 and " hostile to their interests." He argued, 

 moreover, that it was the duty of the military 

 commander to take the place of the ordinary 

 laws and tribunals in his district and protect 

 -the rights and redress the wrongs of the peo- 

 ple. General Hancock addressed to Governor 

 Pease a long letter under date of March 9th, in 

 which he dealt severely with the proposition 

 of the latter, that the people should be de- 

 prived of the advantages of the ordinary ad- 

 ministration of justice because they were not in 

 sympathy with the Government, and expressed 

 his intention of superseding the laws of the 

 "State and their ordinary execution only in 

 cases in which it was shown to be absolutely 

 necessary. He closed with the following 

 remarks upon the letter of the Provisional 

 Governor: "I have found but little else in 

 your letter but indications of temper, lashed 

 into excitement by causes which I deem mostly 

 imaginary ; a great confidence in the accuracy 

 of your own opinions, and an intolerance of 

 the opinions of others ; a desire to punish the 

 thoughts and feelings of those who differ with 

 you, and an impatience which magnifies the 

 shortcomings of officials, who are, perhaps, as 

 earnest and conscientious in the discharge of 

 .their duties as yourself, and a most unsound 



conclusion that, while any persons are to be 

 found wanting in affection or respect for the 

 Government, or yielding it obedience from mo- 

 tives which you do not approve, war and not 

 peace is the status, and all such persons are the 

 proper subjects for a military penal jurisdic- 

 tion." 



The registration of voters under the pro- 

 visions of the reconstruction acts took place 

 in 1867, but a revision of the lists was made in 

 January, 1868. Under the former commander 

 the following memoranda and questions had 

 been issued from the military headquarters for 

 the instruction of the registrars : 



Memoranda, of disqualifications, for the guidance of 

 the JBoards of Registrars, under the military bitl, 

 passed March 2, 1867, and the bill supplementary 

 thereto : 



1. Every person who has acted as United States 

 Senator or Representative. 



2. All who have acted as electors of President or 

 Vice-President. 



3. 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 

 an oath before they entered upon the duties of of- 

 fice ; such as officers in the custom-house, post-office, 

 mint, judges, and all officers of the United States 

 court, United States marshals, and deputies. 



5. All who have been Governor of the State, State 

 senator or representative, secretary of State, treasurer, 

 and all officers provided for in the constitution of the 

 State, made in 1845 and 1852, including judges of 

 courts, justices of peace, clerks of courts and depu- 

 ties, sheriffs and deputies, constables and deputies, 

 tax-collectors, assessors, coroners, police, jurors, auc- 

 tioneers, pilots, harbor-masters, recorders of con- 

 veyance and mortgages, parish recorders, notaries 

 public, and all commissioned officers in the State 

 militia. Every person who has acted as mayor of 

 the city, treasurer, comptroller, recorder, alderman, 

 assessor, tax-collector, administrator of the Charity 

 Hospital, a member of the Board of Health, a commis- 

 sioner of elections and his clerks, chief of police, lieu- 

 tenant of police, and all who have served on th'e po- 

 lice force. Wardens and under-wardens of the par- 

 ish prison and workhouse, board of school-directors, 

 city surgeons and deputies, street commissioner and 

 deputies, city attorney and assistant attorney, superin- 

 tendent of public schools, inspectors of tobacco, flour, 

 beef, and pork, and weights and measures, managers 

 of the asylums for the deaf and dumb and blind, and 

 sextons of cemeteries. 



All who in 1862 and 1864 registered themselves as 

 aliens, or who obained protection papers from the 

 representatives of foreign powers. 



Any person who, at any time, held any of the 

 above offices, and who afterward engaged in rebel- 

 lion against the United States, or gave aid and com- 

 fort to the enemies thereof, is disqualified from vot- 

 ing. 



QUESTIONS TO BE ANSWERED BY PERSONS PROPOSING TO 



1. Have you been United States Senator, Repre- 

 sentative, or elector of President or Vice-President, 

 at any time before January 26, 1861 ? 



2. Did you hold any office under the United States 

 Government of any kind whatsoever, before January 

 26, 1861 ? 



3. Did you hold any office under the government 

 of this State, of any kind whatsoever, to which you 

 were elected or appointed, prior to January 26, 1861 ? 



4. Did you hold any office under the city govern- 

 ment, of any kind whatsoever, to which you were 

 elected or appointed, prior to January 26, 1861. 



