Letter from Charles M. Benbrook to General Irvin McDowell; June 26, 1868

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Letter from Charles M. Benbrook to General Irvin McDowell; June 26, 1868

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People

Allen, A. S.Benbrook, Charles M.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 United States--Congress United States--War Department United States--War Department. Adjutant-General’s Office

Occupations

Attorneys General Law Enforcement Law Enforcement--Constables Law Enforcement--Police

Places

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

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Charles M. Benbrook, of Natchez, Adams County Mississippi, comes and presents the proof of his having taken the oath of amnesty on the 7^th day of August 1865, and claims to be registered under the common law of the land, the Consti-tution of the United States and of the State of Mississippi, and the recent decision of the Attorney General of the United States that having taken the oath of amnesty is sufficient to entitle one to register and to vote.

The only grounds on which it can be pretended that he is excluded from his right to register and vote, are that—he previous to the late war, held the office of Constable in and for said County.

C M Benbrook

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Application of Charles M. Benbrook to register as a Voter.

Constable before the war

B. 148. Vol A / C. A. 4. M. D/1868

Page 3

B. 148. Vol A. / C. A. 4. M. D/1868

Application of Charles M. Benbrook

to register as a voter Constable before the war.

Wrapper / enclosure

Head Quar's. 4" Mil. Dist.
Vicksburg Miss. June 13" 1868.

(1) The acts of Congress are the guides by which the District Commander is obliged to be governed in determining this case.

(2) The act of July 19" 1867 Section 7 provides that "No "person shall at any time "be entitled to be registered "or to vote by any executive "pardon or amnesty for any "act or thing which without "such pardon or amnesty "would disqualify him from "registration or voting."

(3) The same act Section 6 provides that "No person "who has held any executive "or judicial office in any "state and has afterwards "engaged in insurrection "or rebellion against the "United States or given aid "or comfort to the enemies "thereof is not entitled to "be registered or to vote."

(4) Charles M. Benbrooke held an office as Constable of Police of Adams Co. Miss. But it does not ap-pear from the record sent to District Head Quarters whether or not after hold-ing said office he engaged in insurrection or rebellion against the United States or gave aid and comfort to the enemies thereof.

(5) It might be inferred that he did so on account of his having subsequently taken the oath of amnesty but the District Commander is informed there was a class of persons who took this oath of amnesty

(over

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who had not been engaged in the Rebellion or given aid or comfort to the enemies of the United States.

(6) If this is a fact the Board should determine (see Section 5 Act of July 19" 1867) and it will as soon after the receipt hereof as practicable deter-mine whether or not said Chas. M. Benbrooke did after holding office as before stated engage in insurrection or re-bellion against the United States or give aid or comfort to the enemies thereof. If not and if there are no other causes than the one he states in his paper he is entitled to register otherwise not. The Board will so inform him and please return these papers to District Head Quarters.

By command of Bvt. Maj. Genl. M^cDowell.

J W Tyler
1" Lieut. 43" Infantry
Bvt. Maj. U. S. A.
Actg. Asst. Adjt. Genl.

[check mark] E B. C A 1. P 372. 4" M. D. 1868.

Natchez Miss June 26^th 1868.

C M Benbrook the party named in the within application having read the report of his case declines taking the oath acknowledging having given aid and comfort to the enemy

Respectfully submitted & returned
A S Allen
Prest of Board.