Proclamation of the President of the United States

[General Orders No.174.]

CHAS. E. MORSE, Aide-de-Camp, Secretary for Civil Affairs

 Headquarters Fifth Military District,

State Of
Austin, Texas, October 1, Í869.

In compliance with the following proclamation of the President of the United States, viz :

A PROCLAMATION.

In pursuance of the provisions of the act of Congress approved April 10,1869, I hereby designate Tuesday, the 30th day of November, 1869, as the time for submitting the constitution adopted by the convention which met at Austin, Texas, on the 15th day of June, 1868, to the voters of said State, registered at the date of such submission.

I direct the vote to be taken upon the said constitution in the following manner, viz :

Each voter favoring the ratification of the constitution as adopted by the convention of the 15th of June, 1868, shall express his judgment by voting " For the constitution."

Each voter favoring the rejection of the constitution shall express his judgment by voting " Against the constitution."

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this fifteenth day of July, in the year of our Lord one thousand eight hundred and sixty-nine, and of the independence of the United States of America the ninety-fourth.

By the President: U. S. GRANT.

HAMILTON FISH,

Secretary of Stair-

and the reconstruction laws of Congress, it is ordered—

First.—That an election be held at the county seat of each organized county in the State of Texas, commencing on Tuesday, the 30th day of November, 1869, and to continue during the first, second, and third days of December, 1869, at which election all registered voters may vote by ballot "for the constitution" or "against the constitution."

An election will be held at the same time and place, for four members of the House of Representatives of the United States Congress ; also for the following " elective officers provided for by the said constitution," viz: governor, lieutenant governor, comptroller of public accounts, treasurer of the State, commissioner of the general land office, thirty senators, ninety representatives, and, for each county, one clerk of the district court, one sheriff, and live justices of the peace. Each registered voter, besides his vote on the constitution, may vote for governor, lieutenant governor, comptroller, treasurer, land office commissioner, one member of the United States Congress, one State senator, and the number of representatives apportioned to the district in which he resides, one clerk of the district court, and one sheriff for his county, and one justice of the peace for the precinct in which he resides.

Where the police court of any county has not already divided the county into justices' precincts, in accordance with General Orders No. 27 from this headquarters, it will be done immediately. The clerk of each county court will furnish to the board of registrars, on or before the day of election, the boundaries of the justices' precincts for the county.

There can be no election of district attorneys until the legislature shall have districted the State in compliance with the new constitution. Residents of unorganized counties may register and vote in the counties by whose boards they were registered in 1867.

Second.—Commencing fourteen days before the day of election, viz, on Tuesday, the 16th day of November, the board of registrars will, for a period of ten days, not including Sunday, revise, at the county seat of each county, the registration list of the county, being governed by the reconstruction laws of Congress, as published in General Orders No. 92, current series, from this headquarters.

Third.—It shall be the duty of the board, during the revision of registration, upon the application of any duly registered voter who has removed, or is about to remove, from the county in which he was originally registered, to furnish him with a certificate that lie was so registered, and to note the fact and erase the applicant's name from the original list, forwarding a duplicate of the certificate to the board for the county in which the applicant will vote; and upon the presentation of said duplicate at the place of registration of the county in which his new residence is situated, the board of registration for that county will enter his name upon their rolls, indorsing the fact upon the certificate of the applicant.

Fourth.—All registrars, before entering upon the duties of their office, if they have not already done so, will take and subscribe the oath of office of July 2, 1862 ; and no payments will be made for services rendered until this oath is filed in the office of the secretary for civil affairs for this military district.

Fifth.—To prevent the registration of any person not entitled to vote under the reconstruction laws, the boards may select two white and two colored persons to challenge the right of any person to be registered it the revision, who, in the opinion of the persons challenging, is disqualified as a voter by reason of any of the causes set forth in said acts of Congress, and the boards shall examine and determine upon the right of such challenged person to register.

Sixth.—An applicant for registration who is rejected by the board may appeal to the district commander. The boards will not enter the name of such applicant, but a list of the names of those who appeal will be made out, with the reasons for rejection stated in full, and will be forward by mail, or in the most expeditious manner practicable, to district headquarters. A duplicate of this list will be retained with the registration records, to be disposed of as directed in paragraph sixteen of this order.

Seventh.—Boards of registration are invested, while in performance of the duties of their office, with the power to summon witnesses, and to their attendance to give evidence in cases of challenge, and to suppress disorder and preserve the peace. They are authorized to call upon the civil or military authorities for such aid as may be necessary.

Eighth.—The registrars for each county shall be managers of election for their respective counties, and shall appoint, to assist them in holding the election, two clerks, who shall take the oath prescribed by act of Congress of July 2, 1862.

Ninth.—The vote will be by ballot. The ballot of each colored person will be marked "colored," by one of the managers of the election, before being deposited in the ballot-box ; but no other marks will be permitted to be placed upon it by the board of registrars. Each person, on presenting his ballot, will announce his name, and if upon examination his name should be found on the list of registered voters for that county, his ballot will be received and his name will be entered upon the poll list, with a remark showing whether he is white or colored. Blanks for poll-lists will be furnished, upon which the names of all persons voting will be entered.

Tenth.—When a person offers to vote whose, name appears on the registry, and who is without a certificate of registration, or when the party tendering his ballot presents a certificate of registration unsupported by the registry, or when the certificate shows upon its face that it was issued in another county, he shall be subject to challenge on the ground of identity, or residence, or both. To prevent the confusion, excitement, and delay which might arise from a multiplicity of challengers, the board may select two registered voters to act as challengers at the polling place. Challenges shall be received by the managers of election only through the appointed challengers, or a member of the board. If the person challenged is known to either of the managers of election, or one of the clerks, his vote shall be admitted at once. If he is not known, he must produce satisfactory evidence.

Eleventh.—No person who is a candidate for office at said election shall be a registrar, manager of election, or clerk.

Twelfth.—All places where intoxicating liquors are sold, at and in the vicinity of the county seats, will be closed from sunset on the evening of the 29th of November, and will remain closed until sunrise on the morning of the 4th of December ; and the sale of intoxicating liquors at or near the polling places is prohibited.

Thirteenth.—The sheriff of each county, with two deputies, will be required to be present at the revision of the registration lists and during; the period of holding the election, and they are required to obey in good faith all instructions from registrars relative to preserving order, and to see that paragraph twelve of this order is strictly enforced.

Fourteenth.—Boards of registration will see that a full and fair opportunity is given for every man entitled to a vote to have his name registered ; and managers of election will, in like manner, do everything that is required to secure a full and impartial expression of the wishes and opinions of the registered voters.

Fifteenth.—In case of disturbance at the polls, such as to obstruct the free and full exercise of the privilege of voting to any registered voter whatever, the board will at once close the. polls and make full report in, the premises to the nearest post commander, who will take immediate action to arrest the offenders, and hold them in military custody until further orders. This election will not be resumed until so ordered from district headquarters.

Sixteenth.—Immediately upon the closing of the polls, the managers and clerks of election shall count the number of votes polled, and compare them with the separate poll-lists, and correct if possible any error that may exist. (The ballot-boxes will not, under any circumstances, be opened during the holding of the election.) The managers will then enter upon blanks, to be furnished, the summary of votes "For" and Against'" the constitution, and the number of votes polled for each candidate for election to office, together with the designation of the office. This list will be made out in triplicate, and will be certified to before an .officer authorized to administer oaths by all the managers and clerks of election; one copy to be forwarded by mail to the secretary for civil affairs at this headquarters; one copy to be retained by the president of the board. The ballots shall then be placed in packages and securely sealed, and, together with the third copy of the lists of the result of the election, and all other papers and records, will be taken by the president of the board to the post commander in whose post his county is situated, and turned over to him for safe-keeping.

Seventeenth.—The compensation of the registrars, managers of election, and .sheriffs will be at the rate of six dollars per day for each day actually employed; they will also be allowed ten cents per mile in going from their homes to their stations, and in returning therefrom. The clerks and deputy sheriffs will be allowed five dollars per day.

Eighteenth.—The sessions of I he boards of registration and election .shall be from 8 o'clock a.m. to 5 o'clock p. m. daily, excepting one hour, from 12 m. to 1 o'clock p. m.

Nineteenth.—The revision and election shall be held in the court-house of each county, if practicable.

Twentieth.—If from any cause any of the registrars of a county fail to act, their places will be supplied, if it occurs before the time for holding the revision or election, by the post commander ; if during this period, the vacancy will be supplied by the remaining registrars. The person selected must be able to qualify according to this order.

Twenty-first.—All communications regarding questions arising from registration should be addressed to the " secretary for civil affairs" at this headquarters.

By command of Brevet Major General Reynolds :

H. CLAY WOOD, Assistant Adjutant General.

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