During the controversy over the Levee Commissioners, and the correspondence regarding the removal of Governor Wells, registration had gone on under the rules laid down for the boards. The date set for closing the books was the 3oth of June, but in the parish of Orleans the time was extended till the 15th of July. This the President considered too short a period, and therefore directed the registry lists not to be closed before the 1st of August, unless there was some good reason to the contrary. 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 28th of September as the time for the election of delegates to the State convention.