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Those who belong to the military service, and their term unexpired, will be returned to their command, if it is still in service, and their release is conditional upon their serving their full term and being of good behavior.
By order of the President of the United States:
E. D. TOWNSEND,
Reconstruction in Texas.
HON. W. H. SEWARD:
JAMES H. BELL,
TO JAMES H BELL:
Your telegrams of the 21st and 26th of July, received. The President directs me to say that the Legislature of Texas will assemble and organize on the 6th of August without hindrance. The Governor elect, Mr. Throckmorton, will be inaugurated on the 9th without hindrance. When you have reported the organization and inauguration to this Department, by telegraph or otherwise, the provisional governor will be relieved, and the government will be transferred to the elected authorities of Texas. Until the receipt of such notice by yourself, or by the Governor-elect, the condition of affairs will remain in the provisional government, as heretofore, except the organization and inauguration aforestated. WM. H. SEWARD, Secretary of State.
WASHINGTON, D. C., October 30, 1866. Governor THROCKMORTON :
Your telegram of the 29th instant just received. I have nothing further to suggest than urging upon the Legislature to make all laws involving civil rights as complete as possible, so as to extend equal and exact justice to all persons, without regard to color, if it has not been done. We should not despair of the Republic. My faith is strong. My confidence is unlimited in the wisdom, prudence, virtue, intelligence, and magnanimity of the great mass of the people; and that their ultimate decision will be uninfluenced by passion and prejudice, engendered by the recent civil war, for the complete restoration of the Union by the admission of loyal Representatives and Senators from all the States to the respective Houses of the Congress of the United States.
To Gov. Brownlow, of Tonnossce.*
Hon. W. G. BROWNLOW:
I hope and have no doubt you will see that the recent amendments to the Constitution of the State, as adopted by the people, and all laws passed by the last Legislature in pursuance thereof, are faithfully and fairly executed, and that all illegal votes in the approaching election be excluded from the polls, and the election for members of Congress be legally and fairly conducted. When and wherever it becomes necessary to employ force for the execution of the laws and the protection of the ballot-box from violence and fraud, you are authorized to call upon Major General Thomas for sufficient force to sustain the civil authorities of the State. have received your recent address to the people, and think it well-timed, and hope it will do much good in reconciling the opposition to the amendment of the constitution and the laws passed by the last Legislature. The law must be executed and the civil authority sustained. In your efforts to do this if necessary, General Thomas will afford a sufficient military force. You are at liberty to make what use you think of this dispatch. ANDREW JOHNSON. proper
To Montgomery Blair, Postmaster General. NASHVILLE, November 24, 1863. To Hon. M. BLAIR, Postmaster General:
I hope that the President will not be committed to the proposition of States relapsing into territories and held as such. If he steers clear of this extreme, his election to the next Presidency is without a reasonable doubt. I expected to have been in Washington before this time, when I could have conversed freely and fully in reference to the policy to be adopted by the Government; but it has been impossible for me to leave Nashville. I will be there soon. The institution of slavery is gone, and there is no good reason now for destroying the States to bring about the destruction of slavery.
General Grant's Revocation of Order Respecting Disloyal Newspapers.† HEADQUARTERS ARMIES OF THE UNITED STATES, WASHINGTON, July 24, 1866. The order of February 17, 1866, from these headquarters directing department commanders to forward copies of such newspapers published within their respective commands, as contained sentiments of disloyalty, &c., is hereby revoked. By command of Lieut. Gen. Grant,
GEO. K. LEET,
Assigning Commanders to Military Districts,
General Orders No. 10.
II. In pursuance of the act of Congress en
Third District, consisting of the States of Georgia, Florida, and Alabama, to be commanded by Major General G. H. Thomas. Headquarters, Montgomery, Ala.
Fourth District, consisting of the States of Mississippi and Arkansas, to be commanded by Brevet Major General E. O. C. Ord. Headquarters, Vicksburg, Miss.
1. In compliance with the order of the President, the undersigned hereby assumes command of the First District, State of Virginia, under the act of Congress of March 2, 1867.
2 All officers under the existing provisional government of the State of Virginia will continue to perform the duties of their respective offices, according to law, unless otherwise hereafter ordered in individual cases, until their successors shall be duly elected and qualified, in accordance with the above-named act of Congress.
3. It is desirable that the military power conFifth District, consisting of the States of Lou-ferred by the before-mentioned act be exercised isiana and Texas, to be commanded by Major only so far as may be necessary to accomplish General P. H. Sheridan. Headquarters, New the objects for which that power was conferred, Orleans, La. and the undersigned appeals to the people of Virginia, and especially to magistrates and other civil officers, to render the necessity for the exercise of this power as slight as possible, by strict obedience to the laws, and by impartial administration of justice to all classes.
The powers of departmental commanders are hereby delegated to the above-named district commanders.
By command of General Grant.
E. D. TOWNSEND,
E. D. TOWNSEND,
HEADQUARTERS OF THE ARMY,
4. The staff officers now on duty at headquarters Department of the Potomac are assigned to corresponding duties at headquarters First District, State of Virginia. J. M. SCHOFIELD,
Brevet Major General, U. S. A.
HEADQUARTERS FIRST DISTRICT,
RICHMOND, VA., March 15, 1867.
SEC. 5. And be it further enacted, That it shall be the duty of the officers of the army and navy and of the Freedmen's Bureau to prohibit and prevent whipping or maiming of the person, as a punishment for any crime, misdemeanor, or offence, by any pretended civil or military authority, in any State lately in rebellion, until the civil government in such State shall have been restored, and shall have been recognized by the Congress of the United States. * Approved March 2, 1867.
II. In pursuance of the provisions of the 5th section of the act, as above cited, whipping or maiming of the person, as a punishment of any crime, misdemeanor, or offence, is hereby prohibited in this district.
ADJUTANT GENERAL'S OFFICE, WASHINGTON, March 15, 1867. The President directs that the following changes be made, at the request of Major General Thomas, in the assignment announced in General Orders No. 10, of March 11, 1867, of commanders of districts under the act of Congress entitled "An act to provide for the more efficient government of the rebel States," and of the Department of the Cumberland created in Gen-By eral Orders No. 14, of March 12, 1867: Brevet Major General John Pope to command the Third District, consisting of the States of Georgia, Florida, and Alabama, and Major General George H. Thomas to command the Department of the Cumberland.
By command of General Grant.
E. D. TOWNSEND,
Command of Brig. and Bvt. Maj. Gen. J. M. Schofield, U. S. A.
S. F. CHALFIN, A. A. G.
HEADQUARTERS FIRST DISTRICT,
RICHMOND, VA., March 15, 1867.
I. The following extract of an act of Congress is re-published for the information and government of all concerned:
An Act making appropriations for the support
Approved March 2, 1867.
HEADQUARTERS FIRST DISTRICT,
Special Orders, No. 16.
RICHMOND, VA., April 2, 1867.
1. A board of officers is hereby appointed to select and recommend to the commanding general for appointment persons to form boards of registration throughout the district, as required by the act of March 23, 1867.
The persons required will be one registering officer for each magisterial district of a county, or ward of a city at large, and two, four, or six for the county or city at large, according to the size of the county or city, so as to form with the registering officers of the several districts or wards, one, two, or three boards of registration for the county or city.
By command of Brigadier and Brevet Major
S. F. CHALFIN, A. A. G.
General Orders, No. 8.
All elections, whether State, county, or municipal, under the provisional government of Virginia, are hereby ordered to be suspended until the registration provided for by the act of Congress of March 23, 1867, shall be completed.
Vacancies which may occur in the meantime will be filled by temporary appointments, to be made by the Commanding General. By command of Brigadier and Brevet Major General J. M Schofield, U. S A.
S. F. CHALFIN, A. A. G. HEADQUARTERS FIRST DISTRICT, STATE OF VIRGINIA, RICHMOND, VA., April 5, 1867.
General Orders, No. 9
In pursuance of the acts of Congress of March 2 and 23, 1867, all officers hereafter to be elected or appointed under the provisional government of Virginia will, in addition to the oath of office prescribed by the laws of the State, be required to take and subscribe the following oath : I. do solemnly, in the presence of Almighty God, that I have not been disfraLchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State Legislature, nor held any executive or judicial office in any State, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the These boards must be composed of men who enemies thereof; that I will faithfully support not only are now, but always have been, loyal the Constitution and obey the laws of the United to the Government of the United States; men States, and will, to the best of my ability, enof high character, and sound, impartial judg-courage others so to do; so help me God." ment, and, as far as possible, men who have the By order of Brigadier and Brevet Major Genconfidence of all classes of citizens. eral J. M.Schofield, U. S. A.
An officer of the army or Freedmen's Bureau will, if possible, be selected as a member of each board; and the other two will be selected from the following classes of persons, viz: 1st, Officers of the United States army, or of volunteers who have been honorably discharged after meritorious services during the late war. 2d, Loyal citizens of the county or city, for which they are selected. 3d, Any other loyal citizens having the proper qualifications.
No registering officer shall be a candidate for any elective office while holding the office of registering officer.
With their recommendations for appointment, the board will report to the commanding general a brief of the testimonials and other evidence upon which their selections are based.
The board will appoint from time to time their selections for particular counties or cities, out waiting to complete the list.
DETAIL FOR THE BOARD.
S. F. CHALFIN, A. A. G. Orders in Second Military District. HEADQUARTERS DEP'T OF THE SOUTH, CHARLESTON, S. C., March 8, 1867.
General Orders, No. 26.
Whipping or maiming of the person, as a punishment for any crime, misdemeanor, or offence, with-being now prohibited by the laws of the United States, all officers of the army and Freedmen's Bureau on duty in this Department, are hereby directed to prevent the infliction of such punishment by any authority whatever.
Brevet Lieutenant Colonel George Gibson, jr., Captain 11th U. S. Infantry; Brevet Major C. R. Layton, Captain 11th U.S. Infantry; Brevet Major D. M. Vance, Captain 11th U. S. Infantry; Captain Garrick Mallery, 43d U. S. Infantry; Captain J. A. Bates, 43d U. S. Infantry.
By command of Brevet Maj. Gen. Robinson.
General Orders, No. 1.
I. In compliance with General Orders No. 10, Headquarters of the Army. March 11, 1867, the undersigned hereby assumes command of the Second Military District, constituted by the act of Congress, Public No. 68, 2d March, 1867, entitled "An act for the more efficient government of the rebel States."
II. In the execution of the duty of the commanding general to maintain the security of the inhabitants in their persons and property, to suppress insurrection, disorder, and violence, and to punist, or cause to be punished all disturb ers of the public peace and criminals, the local and civil tribunals will be permitted to take jurisdiction of and try offenders, excepting only such cases as may, by the order of the commanding general, be referred to a commission or other military tribunal for trial.
III. The civil government now existing in North Carolina and South Carolina is provisional only, and in all respects subject to the paramount authority of the United States, at any time to abolish, modify, control, or supersede the same. Local laws and municipal regulations not inconsistent with the Constitution and laws of the United States, or the proclamations of the President, or with such regulations as are or may prescribed in the orders of the commanding general, are hereby declared to be in force; and in conformity therewith, civil officers are hereby authorized to continue the exercise of their proper functions, and will be respected and obeyed by the inhabitants.
IV. Whenever any civil officer, magistrate, or court neglects or refuses to perform an official act properly required of such tribunal or officer, whereby due and rightful security to person or property shall be denied, the case will be reported by the post commander to these headquarters.
V. Post commanders will cause to be arrested persons charged with the commission of crimes and offenses when the civil authorities fail to arrest and bring such offenders to trial, and will hold the accused in custody for trial by military commission, provost court, or other tribunal or ganized pursuant to orders from these headquarters. Arrests by military authority will be reported promptly. The charges preferred will be accompanied by the evidence on which they are founded.
VI. The commanding general desiring to pe
serve tranquillity and order by means and agencies most congenial to the people, solicits the zealous and cordial co-operation of civil officers in the discharge of their duties, and the aid of all good citizens in preventing conduct tending to disturb the peace; and to the end that occasion may seldom arise for the exercise of military authority in matters of ordinary civil administration, the commanding general respectfully and earnestly commends to the people and authorities of North and South Carolina unreserved obedience to the authority now established, and the diligent, considerate, and impartial execution of the laws enacted for their government.
VII. All orders heretofore published to the Department of the South are hereby continued
General Orders, No. 5.
When an election for district, county, municipal, or town officers is required to take place, in accordance with the provisions of the local law, within the limits of any post in this command, command officers will promptly report to these headquarters the time and place of such election and the designation of the offices to be filled.
If the present incumbents be ineligible to hold office, or any objection exists, arising out of their misconduct in office, to the continuance of their functions, the facts will be reported by the post commander with his suggestions, having in view the interests of the service and the welfare of the locality immediately concerned.
By command of Major General D. E. Sickles.
CHARLESTON, S. C., April 1, 1867. Brvt. Brig. Gen. GREEN, Commanding Richland District:
The election [for sheriff] will not be held. When will the term of the present incumbent expire? A successor will be appointed. By command of Gen. Sickles.
J. W. CLOUS, A. A. A. G. HEADQUARTERS SECOND MILITARY DISTRICT, CHARLESTON, S. C., April 11, 1867. General Orders, No. 10.
The general destitution prevailing among the population of this military district cannot be relieved without affording means for the developThe nature ment of their industrial resources. and extent of the destitution demand extraordinary measures. The people are borne down by a heavy burden of debt, the crops of grain and garden produce failed last year, many families have been deprived of shelter, many more need food and clothing, needful implements and auxiliaries of husbandry are very scarce; the laboring population in numerous localities are threatened with starvation unless supplied with food by the Government of the United States; the inability of a large portion of the people to pay taxes
leaves the local authorities without adequate means of relief, and the gravity of the situation is increased by the general disposition shown by creditors to enforce upon an impoverished people the immediate collection of all claims. To suffer all this to go on without restraint or remedy is to sacrifice the general good. The rights of creditors shall be respected, but the appeal of want and suffering must be heeded. Moved by these considerations, the following regulations are announced. They will continue in force with such modification as the occasion may require until the civil government of the respective States shall be established in accordance with the requirements of the Government of the United States. The commanding general earnestly desires and confidently believes that the observance of these regulations and the co-operation of all persons concerned in employing fairly and justly the advantages still remaining to them, will mitigate the distress now existing, and that the avenues of industry, enterprise, and organization thus opened will contribute to the permanent welfare and future happiness of the people.
I. Imprisonment for debt is prohibited, unless the defendant in exécution shall be convicted of a fraudulent concealment or disposition of his property with intent to binder, delay, and prevent the creditor in the recovery of his debt or demand, and the proceedings now established in North and South Carolina respectively, for the trial and determination of such questions, may be adopted.
V. All proceedings for the recovery of money under contracts, whether under seal or by parole, the consideration for which was the purchase of negroes, are suspended. Judgments or decrees entered or enrolled for such causes of action shall not be enforced.
VI. All advances of moneys, subsistence, im plements, and fertilizers, loaned, used, employed, or required for the purpose of aiding the agricultural pursuits of the people, shall be protected, and the existing laws which have provided the most efficient remedies in such cases for the lender will be supported and enforced; wages for labor performed in the production of the crops shall be a lien on the crop, and payment of the amount due for such wages shall be enforced by the like remedies provided to secure advances of money and other means for the cultivation of the soil.
VII. In all sales of property under execution or by order of any court there shall be reserved out of the property of any defendant who has a family dependent upon his or her labor a dwel ling-house and appurtenances and twenty acres of land for the use and occupation of the family of the defendant, and necessary articles of furniture, apparel, subsistence, implements of trade, husbandry or other employment of the value of $500. The homestead exemption shall inure only to the benefit of families-that is to say, to parent or parents and child or children-in other cases the exemption shall extend only to clothing, implements of trade or other employment usually followed by the defendant, of the value II. Judgments or decrees for the payment of of $100. The exemption hereby made shall not money on causes of action arising between the be waived or defeated by the act of the defendant. 19th of December, 1860, and the 15th of May, The exempted property of the defendant shall 1865, shall not be enforced by execution against be ascertained by the sheriff or other officer enthe property or the person of the defendant. forcing the execution, who shall specifically desProceedings in such causes of action now pend-cribe the same, and make a report thereof in ing shall be stayed, and no suit or process shall be hereafter instituted or commenced for any such causes of action.
each case to the court.
VIII. The currency of the United States declared by the Congress of the United State to be III. Sheriffs, coroners, and constables are a legal tender in the payment of all debts, dues, hereby directed to suspend for twelve calendar and demands, shall be so recognized in North and months the sale of all property upon execution South Carolina, and all cases in which the same or process on liabilities contracted prior to the shall be tendered in payment and refused by any 19th of December, 1860, unless upon the written public officer will be at once reported to these consent of the defendants, except in cases where headquarters or to the commanding officer of the the plaintiff, or in his absence his agent or at-post within which such officer resides. torney, shall upon oath, with corroborative testimony, allege and prove that the defendant is removing or intends fraudulently to remove his property beyond the territorial jurisdiction of the court. The sale of real or personal property by foreclosure of mortgage is likewise suspended for twelve calendar months, except in cases where the payment of interest money accruing since the 15th day of May, 1865, shall not have been made before the day of sale.
IV. Judgments or decrees entered or enrolled on causes of action arising subsequent to the 15th of May, 1865, may be enforced by execution against the property of the defendant, and in the application of the money arising under such executions, regard shall be had to the priority of liens, unless in cases where the good faith of any lien shall be drawn in question. In such cases the usual mode of proceeding adopted in North and South Carolina respectively to determine that question shall be adopted.
IX. Property of an absent debtor or charged as such without fraud, whether consisting of money advanced for the purposes of agriculture or appliances for the cultivation of the soil, shall not be taken under the process known as foreign attachment; but the lien created by any existing law shall not be disturbed, nor shall the possession or the use of the same be in any wise interfered with, except in the execution of a judgment or final decree, in cases where they are authorized to be enforced.
X. In suits brought to recover ordinary debts known as actions ex contractu, bail, as heretofore authorized, shall not be demanded by the suitor nor taken by the sheriff or other officer serving the process; in suits for trespass, libel, wrongful conversion of property, and other cases, known as actions ex delicto, bail, as heretofore authorized, may be demanded and taken. The prohibition of bail in cases ex contractu shall not extend to persons al out to leave the State, but