Letter from Thomas Gafton to General Irvin McDowell; June 13, 1868

Documents
Letter from Thomas Gafton to General Irvin McDowell; June 13, 1868

Document Network
Document Metadata

Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Dillon, H. S.Grafton, Thomas McDowell, Joseph N. (Joseph Nash), 1805-1868 Tyler, John

Events

Criminal Procedure Criminal Procedure--Amnesty Criminal Procedure--Pardon Legislation. United States. Congress Legislation. United States. Congress. Third Reconstruction Act (1867)Military Events--Insurrections

Military Units

Confederate States of America. Army United States. Army United States. Army. Infantry Regiment, 43rd

Organizations

Military Headquarters Mississippi--Legislature United States--Congress United States--War Department United States--War Department. Adjutant-General’s Office

Occupations

Attorneys General

Places

Mississippi--Adams County Mississippi--Warren County. Vicksburg

Page 1

[Seal]

Thos Grafton of Adams County Missi comes and presents the proof of his having taken the oath on the 22nd day of July 1865 and claims to be registered under the common law, if the [?] the Cinstitutency the entire states and of the state of Missi and the recent decision of the Attorney general of the United States that having taken the oath is sufficient to entitle the applicant to registration—The only ground on which it can be [?] that he is excluded from registration is that he was in 1851 & 2 a member of the legislature of the State of Miss and that he was afterwards a private soldier in the Confederate army under order from the authorities of the State of Missi for the term of sixty days

This service in the Legislature was for the purpose at most a term of serving the period a destruction of which was then threatened

This claim to register having been dinied he makes this statement of his case and demands that it shall be submitted to the commanding General of the District for his decision

Thos Grafton

Page 2

G. 77 Vol A. /C. C?. 4 M. D /1868
Claim of Thos Grafton
to register as a voter

Formally in State Legisluture

Head Quarters
4th Military District
Vicksburg Miss
June 13 ^th 1868

(1) The Acts of Congress are the guides by which the Dist—Commander is obliged to be governed in acting in this case—Under Sections 6.7 and 10 of the Act of July 19_th 1867—Thos. Grafton of Adams Co. Miss—is not "entitled to "registered or to vote because of "any executive parden or amnesty "for any act or thing which, " without such parden or amnesty "would disqualify him for "registration or voting"

(2) Section 6 of the above cited Act - provides that —No person who has been a member of the Legislature of Any State and who afterwards engaged in insurrection or rebellion against the United States " is entitled to be registered ~~[?]~~to vote"

It seems that Mr. Grafton was a member of the Legislature, and did afterwards serve as a private soldier in the "Confederate Army", and is therefore, by the terms of the law, not entitled to be registered or to vote.

(3) The District Commander does not feel he is authorized or competent to go into the question of the motives of Mr. Grafton in going into the Legislature in 1851 & 52.

The Board will com-municate this decision to Mr. Grafton and return these papers to District head Quarters -

By Command of
Bvt. Maj. Genl. McDowell
Comdy
4^th Miliy Dist - -

Jno Tyler
1st Lieut. 43d Inf: Bvt. Maj. USA
Acty: Asst. Adj. Genl.
E B C A 1. F 366.4 Mi D. 1868.

The within has been submitted to Mr. Grafton and is now Respectfully returned—

H S Dillon
Proof of [?] Registration Adams County

June 26/1868