who has held an executive or judicial office under the State government, and who afterward engaged in or voluntarily aided rebellion or secession, is disqualified as a voter. Until the decision of the attorney-general is received upon the subject of disqualification, 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 decision 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 intention 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 PUBLIC DOCUMENTS.)

On May 16th an order was issued by General Ord, calling the attention of the post commanders to the great prevalence of horse-stealing in parts of Arkansas and Mississippi, and directing 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 follows:

[Circular of Instruction to Boards of Registration.] HEADQUARTERS FOURTH MILITARY DISTRICT (MISSISSIPPI AND ARKANSAS), VICKSBURG, Miss., June 10, 1867. 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 precincts. After the election they will be forwarded to these headquarters under cover to the assistant adjutant-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 adjutantgeneral 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 has 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 registered voter shall have taken and subscribed the oath which is printed at the top of every page of the precinct 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, but is required to register and grant certificates of registration to all persons who take and subscribe the prescribed 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 headquarters, 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 of having held office and afterward engaged in rebelcause for believing that he is disqualified by reason 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 when, and for what period? Whether in assuming held any public office? If so, what? where, and 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 opposite 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 ble the facts, dates, and place in question. In addiname of witnesses, and with as much care as possition 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 inspect and supervise the registration in the county.

5. The following officers in this district are clearly included within the terms executive or judicial offcers of any State, viz., governors, secretaries of State, auditors, State treasurers, attorneys-general, judges of the supreme court, of the high court of appeals, chancellors, judges of the circuit court, judges or justices of the county courts, sheriffs, coroners, and adjutants-general 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 themselves, or have been rejected by the boards on account 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. O. C. Ord, commanding Fourth District:

GENERAL: A copy of your final instructions to the Board of Registration, of June 10, 1867, is just received. 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 required oath, though they may know the applicant

perjures himself, is sustained by the views of the attorney-general. My opinion is that it is the duty of the Board of Registration to see, as far as it lies in their power, that no unauthorized person is allowed to register. To secure this end registrars should be allowed to administer oaths and examine witnesses. The law, however, makes district commanders their own interpreters of their power and duty under it, and in my opinion the attorney-general or myself ean no more than give our opinion as to the meaning of the law. Neither can enforce his views against the judgment of those made responsible for the faithful execution of the law-the district commander. Very respectfuly your obedient servant,

U. S. GRANT, General.

On June 12th another order was issued by General Ord, which provided that all proceedings for the sale of lands under cultivation, or of the crops, stock, farming utensils, or other materials used in tilling such lands, in pursuance of any execution, writ, or order of sale, issued in cases where the debt or other cause of civil action was contracted or accrued prior to the 1st of January, 1866, should be stayed and suspended until after the 30th of December, 1867. This order was to take effect in Arkansas from and after the 30th of June, 1867.

A further order was issued on the 18th, stating that the above order was not intended to apply to writs or process issued by the United States courts, nor construed as directing any interference with the proceedings of those

courts.

On June 20th the President issued, through the War Department, a series of instructions relative to the meaning of the acts of Congress relating to reconstruction. This was done in

compliance with the request of several district commanders. (See UNITED STATES.)

On the 8th of July, the day to which the Legislature of the State had adjourned, the members of the two Houses present in Little Rock met informally, in order to avoid unnecessary conflict with the military authority, and sent a communication to Brigadier-General C. H. Smith, commanding the District of Arkansas, the subject of a session. They stated that, sbsequent to the order of General Ord forbidng the Legislature to assemble, the AttorneyGeneral of the United States had published an gion declaring that military officers were not thorized to vacate civil officers, except upon trial and conviction of occupants; and that they esired to know whether the assembling of the iskture would be prevented by him as milry commander of the State, should its memers attempt to convene according to adjourn t. They further said: "There is much ished business, materially affecting the inrests of citizens, which they deem it their duty complete. They do not desire any conflict, wever, with military force, nor any breach of the peace; inasmuch as the Legislature is a ere civil body, with no powers of resistance. Hence, we have deemed it advisable, in behalf the Senate and House of Representatives tich branches respectively of the General Assembly it is our duty to keep alive by adjourn

ment from day to day, and by sending for absent. members, until a quorum may be had—to ascertain from you if our pacific efforts to that end would call forth military interference." This communication was soon returned with the following indorsement:

HEADQUARTERS SUB-DISTRICT OF ARKANSAS, LITTLE ROCK, ARK., July 8, 1867. instructions, the order of Brevet Major-General Ord, Respectfully returned. In the absence of other commanding Fourth Military District, forbidding the reassembling of the Legislature of Arkansas, will certainly be enforced.

By command of

Brevet Brigadier-General C. H. SMITH. SAMUEL M. MILLS,

1st Lieut., Adjt. 28th Inf., A. A. A. G.

A circular was issued by Major-General Ord on July 29th, stating, that as the Federal Congress had provided by special law for the organization of State governments on the basis of suffrage without regard to color, and had also provided for the removal of all officers who in any manner might thwart or obstruct the execution of this law, and the duty of administering these laws in this military district had devolved of whatsoever degree or kind, were thereby upon himself, all State and municipal officers, notified that any attempts to render nugatory the action of Congress, designed to promote the better government of the States lately engaged in the war, by speeches or demonstrations at be deemed good and sufficient cause for their public meetings, in opposition thereto, would summary removal from office. The same prohibition in regard to speeches and demonstrations at public meetings would be strictly applied to all officers holding appointments from ing the interference of officers of the Army in his headquarters, and existing orders prohibitelections would be rigidly enforced in the dis

trict.

of thirty or more Federal soldiers, under the Early on the morning of August 8th a body command of Captain George S. Peirce, forcibly entered the office of the Constitutional Eagle, published at Camden, and carried off and destroyed the material of the office. The mayor of the city addressed a note to the commanding officer of the post, Colonel C. C. Gilbert, for information relative to the actions of the soldiers. The colonel, by letter, replied, saying "that the paper unnecessarily exasperated the soldiers." In reporting the affair to General Ord, the officer, Colonel Gilbert, said:

The censures of the press directed against the ser

vants of the people may be endured; but General Ord and the military force detailed to perform his duties are not the servants of the people of Arkansas, but rather their masters, and it is felt to be a great piece of impertinence for a newspaper in this State to comment upon the military under any circumstances whatever. As a specimen of the style of the paper in relation to the military, please see a copy of the 20th of July. Such paragraphs have been of frequent occurrence, and have been entirely unprovoked by any thing in the conduct of the troops in

this State.

Very respectfully, your obedient servant,
C. C. GILBERT.

HEADQUARTERS FOURTH MILITARY DISTRICT

(MISSISSIPPI AND ARKANSAS), VICKSBURG, Miss., September 4, 1867. Col. C. C. Gilbert, Commanding Camden, Arkansas: SIR: Your letter of the 15th ultimo, in which you attempt to justify the act of a party of soldiers, who, misled by an officer, forcibly entered a citizen's house and destroyed his property, is received. You will please explain why this act was not prevented by you as post commander, and if the requirements of the 32d Article of War have been complied with.

2

Your assertion that the military forces are not the servants of the people of Arkansas, but rather their masters, is unjust, both to the people and military, and unfounded in fact. The military forces are the servants of the laws, and the laws are for the benefit of the people. Section 3 of the act of Congress for the more efficient government of the rebel States makes it the duty of the military "to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace," etc. So that, instead of presuming to violate those laws to gratify private revenge, troops are placed in Arkansas to insure their execution, equally upon and for the benefit of all.

The assumption that a party of soldiers could, at their own option, forcibly destroy a citizen's property, and commit a gross violation of the public peace, would not be tolerated under a "Napoleon."

In every case where citizens or soldiers are wronged, the laws of Congress now provide a prompt mode of obtaining redress; especially is this within the reach of the military, who can be organized into courts for the protection of its own members, with authority vested in district commanders to execute their judgments, and in no case has the district commander failed to protect the officers and soldiers under his command from outrage, when engaged in their legitimate duties.

A prompt reply is requested to this.
I am, very respectfully, your obedient servant,
E. O. C. ORD,

Brevet Major-General Commanding. This letter was followed by an order for the trial of the accused by a court-martial to be assembled at Camden. The sentence of the court, as approved, was in these words: "And the court does, therefore, sentence the said Brevet Major George S. Peirce, captain Twenty-eighth United States Infantry, to forfeit his monthly pay for one year, and to be degraded in rank, so that he shall have his name placed on the list of captains of infantry, and shall take rank next after the fifty captains now next below him in rank, and to be reprimanded in general orders."

A further circular relative to the registration of voters, and subsequent proceedings, was issued on August 8th, as follows:

[CIRCULAR.]

HEADQUARTERS FOURTH MILITARY DISTRICT
(MISSISSIPPI AND ARKANSAS),

OFFICE OF CIVIL AFFAIRS, VICKSBURG, Miss., August 6, 1867. I. Section 4, of the supplementary Act of Congress relating to reconstruction, published in general orders No. 71, current series, from the adjutaut-general's office, makes it the duty of the commanders of the military districts, created in connection with the same subject, to remove from office all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due

which it is supplementary; and, in consequence, subdistrict and post commanders and supervisors of registration are required to report in detail all of fences of the nature thus described, committed by persons subject to removal under the provisions of the different laws above referred to, in order that if the reports are substantiated the laws may be duly enforced.

II. In addition to the examination into the antecedents of any doubtful person presenting himself for registration already directed in the circulars from these headquarters, sections 5 and 6, of the above referred to supplementary act, makes it the duty of each Board of Registration to exercise a still closer scrutiny respecting the qualifications of applicants for registry. The boards will, therefore, in future, be regulated by these more stringent rules, and the work which they have already performed will be revised at the time and in the manner hereafter directed, so as to conform strictly to the provisions of the new law.

III. The Boards of Registration will continue and complete the work which has been assigned to them by the instructions heretofore given, and such modiwithout interruption, governing themselves strictly fications as have been made by more recent laws and orders. And they will keep lists of the persons applying for and insisting upon registry, whom they regard as disqualified; but no person, concerning whom doubts are entertained, will be registered. The registration will be regarded as finished when two copies or county books have been completed; immediately after which, one copy will be brought by a member of the board to these headquarters, together with a list of persons as above referred to, but the duplicate will be retained by the board along with precinct books.

IV. After the completion of the registry, due notice will be given of the time when the election will take place, and specific instructions will be given with regard to the manner of holding it; but, fourteen days previous to the day of election, each board will meet as is prescribed in the seventh section of the last supplementary act, at the county-seat or other more prominent locality, and will then continue in session during five days, to revise the books of registration. At this revision the names of all persons who have been previously marked as "Reported for investigation," and of all others whom the have been registered, will be erased. Likewise, new board is satisfied, after due examination, should not names may be added to the registers in the proper manner, and separate lists of the names so registered and those erased from the registers will be prepared lists of those who were refused registration and who and forwarded to these headquarters, as were the demanded that fact to be recorded.

The corrected county and precinct books will, after the revision, be retained by the registrars until needed for the election.

By command of Brevet Major-General ORD. A. BAIRD, Brevet Major-General,

In

Assistant Inspector-General U. S. Army. The 31st day of August was the time fixed for the registration to close; but an extension of time was given in all necessary cases. Various decisions were rendered by the local boards respecting persons entitled to registration. Little Rock, the board held that militia officers, deputy sheriffs, deputy clerks, postmasters, or mayors and aldermen of corporate towns, who afterward engaged in the Confederate cause, were excluded. In Independence county overseers of roads were deemed to be excluded.

Another circular was addressed to supervisors, inspectors, and boards of registry, on August

14th, directing them to obtain and furnish the names of suitable persons to act as judges and clerks of the election for the choice of delegates to the convention.

On September 6th a general order was isgued, directing that whenever any person was indicted for a criminal offence in the State courts, who should produce the affidavits of two credible witnesses that he was in the Federal service, or loyally adhered to it, withholding as far as possible all aid and comfort to their eneemies, and the accused should make oath that owing to these circumstances he has reason to to fear that he will not receive a fair and impartial trial, the court should suspend all further proceedings and send the papers to headquarters, with a view to a trial by military commission. All persons concerned in the administration of the poor-laws were notified that, as the freed people sustained their share of taxation, no denial to them of the benefits of those laws would be tolerated. Another order, of September 9th, prohibited the assembling of armed organizations or bodies of citizens under any pretence whatever. All officers were enjoined to use all means at their disposal to cause the enforcement of this order.

A further order, issued September 10th, required all persons in the State, who subsequently to April 9, 1865, exiled themselves from any of the Southern States, but had since returned, to report to headquarters personally, or by letter, in order to take the parole oath. Another order, of September 27th, directed the election for delegates to the convention to commence on the first Tuesday of November, and to continue until completed, in the following manner:

Each registrar takes one-third of the number of precincts in his county, and, with a judge and clerk of election appointed by himself, commences on the irst Tuesday of November, and holds election in ach of his precincts on consecutive days, when practicable, one day at each precinct. Three precncts of each county will thus be voted each day until all are voted.

The number of delegates as apportioned to the different counties of the State, was seventy-five. The views of the whites on registration were thus expressed at this time by one of the most induential papers of the State:

The opportunity for registering should not be allowed to escape unimproved. Surely every one can spare one day, if that much time is required, to perform a sacred duty he owes to his family and the Community in which he lives.

The

Every one who has freedmen qualified to vote cader the reconstruction acts, in his employ, or who Las any influence with them, should see to it that they obtain their certificates of registration. privilege of voting has been given them by Congress, and they should be made acquainted with the fact, and its nature explained to them, that they make a proper use of it.

The following is the number of voters registered in the State up to the time the revision of the registry lists commenced:

General Orders, No. 31.

HEADQUARTERS FOURTH MILITARY DISTRICT
(MISSISSIPPI AND ARKANSAS),

OFFICE OF CIVIL AFFAIRS, VICKSBURG, MISS., September 26, 1867. 1. The registration of the legal voters in this military district having been completed, in compliance with the provisions of the Act of Congress entitled "An Act to provide for the more efficient government of the rebel States," and the Acts supplementary thereto, an election is hereby ordered to be held in the States composing the same, commencing on the first Tuesday in November next, and con