ary. This was plainly
designed to keep the books open in order that under the
Attorney-General's interpretation of the Reconstruction laws, published
June 20, many persons who had been excluded by the registration boards
could yet be registered, so I decided to close the registration, unless
required by the President unconditionally, and in specific orders, to
extend the time. My motives were manifold, but the main reasons were
that as two and a half months had been given already, the number of
persons who, under the law, were qualified for registry was about
exhausted; and because of the expense I did not feel warranted in
keeping up the boards longer, as I said, "to suit new issues coming in
at the eleventh hour," which would but open a "broad macadamized road
for perjury and fraud."
When I thus stated what I intended to do, the opinion of the
Attorney-General had not yet been received. When it did reach me it
was merely in the form of a circular signed by Adjutant-General
Townsend, and had no force of law. It was not even sent as an order,
nor was it accompanied by any instructions, or by anything except the
statement that it was transmitted to the 11 respective military
commanders for their information, in order that there might be
uniformity in the execution of the Reconstruction acts. To adopt
Mr. Stanbery's interpretation of the law and reopen registration
accordingly, would defeat the purpose of Congress, as well as add to
my perplexities. Such a course would also require that the officers
appointed by me for the performance of specified duties, under laws
which I was empowered to interpret and enforce, should receive their
guidance and instructions from an unauthorized source, so on
communicating with General Grant as to how I should act, he directed
me to enforce my own construction of the military bill until ordered
to do otherwise.
Therefore the registration continued as I had originally directed,
and nothing having been definitely settled at Washington in relation
to my extending the time, on the 10th of July I ordered all the
registration boards to select, immediately, suitable persons to act
as commissioners of election, and at the same time specified the
number of each set of commissioners, designated the polling-places,
gave notice that two days would be allowed for voting, and followed
this with an order discontinuing registration the 31st of July, and
then another appointing the 27th and 2
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