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the fact of intention must be clearly established by proof.
XI. In criminal proceedings the usual recognizances shall be required and taken by the proper civil officers heretofore authorized by law to take the same, provided that upon complaint being made to any magistrate or other person authorized by law to issue a warrant for breach of the peace or any criminal offense it shall be the duty of such magistrate or officer to issue his warrant upon the recognizance of the complainant to prosecute, without requiring him to give security on such recognizance.
XII. The practice of carrying deadly weapons, except by officers and soldiers in the military service of the United States, is prohibited. The concealment of such weapons on the person will be deemed an aggravation of the offence. violation of this order will render the offender amenable to trial and punishment by military commission. Whenever wounding or killing shall result from the use of such weapons, proof that the party carried or concealed a deadly weapon shall be deemed evidence of a felonious attempt to take the life of the injured person.
XVII. Any law or ordinance heretofore in force in North or South Carolina inconsistent with the provisions of this general order is hereby suspended and declared inoperative. By command of Major Gen. D. E. Sickles. J. W. CLOUS, A. A. A. G.
Orders in Third Military District.
MONTGOMERY, ALA., March 28, 1867.
I. By direction of General Grant, all State and local elections in this State are disallowed, pending the arrival of the district commander appointed for this district, and his order in the premises.
II. In default of certain information that muAnicipal or other corporate elections have not occurred since the passage of "An act to provide for the more efficient government of the rebel States," all persons chosen to public office in this State during this month will report the fact by letter to these headquarters, for the action of the district commander.
XIII. The orders heretofore issued in this military department prohibiting the punishment of crimes and offenses by whipping, maiming, branding, stocks, pillory, or other corporal punishment is in force and will be obeyed by all persons. XIV. The punishment of death in certain cases of burglary and larceny imposed by the existing laws of the provisional governments in this military district is abolished. Any person convicted of burglary or of larceny, when the property stolen is of the value of $25, of assault and battery with intent to kill, or of any assault with a deadly weapon, shall be deemed guilty of felony, and shall be punished by imprisonment at hard labor for a term not exceeding ten years nor less than two years, in the discretion of the court having jurisdiction thereof. Larceny, when the value of the property stolen is less than $25, shall be punished by imprisonment at hard labor for a term not exceeding one year, in the discretion of the court.
XV. The Governors of North and South Carolina shall have authority within their jurisdictions respectively to reprieve or pardon any person convicted and sentenced by a civil court, and to remit fines and penalties.
XVI. Nothing in this order shall be construed to restrain or prevent the operation of proceedings in bankruptcy in accordance with the acts of Congress in such cases made and provided, nor with the collection of any tax, impost, excise, or charge levied by authority of the United States, or of the provisional governments of North and South Carolina; but no imprisonment for over due taxes shall be allowed, nor shall this. order or any law of the provisional governments of North and South Carolina operate to deny to minor children or children coming of age, or their legal representatives, nor to suspend as to them any right of action, remedy, or proceeding against executors, administrators, trustees, guardians, masters, or clerks of equity courts, or other officers or persons holding a fiduciary relation to the parties or the subject matter of the action or proceeding.
WAGER SWAYNE, Major General.
HEADQ'RS THIRD MILITARY DISTRICT, MONTGOMERY, ALA., April 1, 1867.
Orders No. 1.
In compliance with General Orders No. 18, dated Headquarters of the Army, March 15, 1867, the undersigned assumes command of the Third Military District, which comprises the States of Alabama, Georgia, and Florida.
I. The districts of Georgia and Alabama will remain as at present constituted, and with their present commanders, except that the headquarters of the district of Georgia will be forthwith removed to Milledgeville.
The district of Key West is hereby merged into the District of Florida, which will be commanded by Colonel John T. Sprague, Seventh United States Infantry. The headquarters of the District of Florida are removed to Tallahassee, to which place the district commander will transfer his headquarters without delay.
II. The civil officers at present in office in Georgia, Florida, and Alabama will retain their offices until the expiration of their terms of service, unless otherwise directed in special cases, so long as justice is impartially and faithfully administered. It is hoped that no necessity may arise for the interposition of the military authorities in the civil administration, and such necessity can only arise from the failure of the civil tribunals to protect the people, without distinction, in their rights of person and property.
III. It is to be clearly understood, however, that the civil officers thus retained in office shall confine themselves strictly to the performance of their official duties, and whilst holding their offices they shall not use any influence whatever to deter or dissuade the people from taking an active part in reconstructing their State government, under the act of Congress to provide for the more efficient government of the rebel States and the act supplementary thereto.
IV. No elections will be held in any of the States comprised in this military district, except such as are provided for in the act of Congress,
[PUBLIC NO. 6.]
An act supplementary to an act entitled "An act to provide for the more efficient govern ment of the rebel States," passed March 2, 1867, and to facilitate restoration.
Be it enacted, &c., That before the first day of September, 1867, the commanding general in each district (defined by an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867) shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the following oath or affirmation: "I, do solemnly swear or affirm, in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in the State for- -next preceding this day, and now reside in the county of- , or the parish of, in said State as the case may be; that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or 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 enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will to the best of my ability encourage others so to do. So help me God"-which oath or affimation may be administered by any registering officer.
SEC. 4. That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, list of voters,
and of the persons elected as delegates by a plurality of the votes cast at said election. * * II. In order to execute this provision of the the act referred to with as little delay as possible, the commanding officers of the districts of Alabama, Georgia, and Florida will proceed immediately to divide those States into convenient districts for registration, aided by such information on the subject as they have or can obtain. It is suggested that the election districts in each State which in 1860 sent a member to the most numerous branch of the State legislature will be found a convenient division for registration.
It is desirable that in all cases the registers shall be civilians where it is possible to obtain such as come within the provisions of the act, and are otherwise suitable persons; and that military officers shall not be used for the purpose except in case of actual necessity. The compensation for registers will be fixed hereafter, but the general rule will be observed of graduating the compensation by the number of recorded voters. To each list of voters shall be appended the oath of the register or registers that the names have been faithfully recorded and represent actual legal voters, and that the same man does not appear under different names. The registers are specifically instructed to see that all information concerning their political rights is given to all persons entitled to vote under the act of Congress; and they are ma le responsible that every such legal voter has the opportunity to record his name.
III. As speedily as possible, the names of persons chosen for registers shall be communicated to these headquarters for the approval of the commanding general.
IV. The district commanders in each of the States comprised in this military district is authorized to appoint one or more general supervisors of registration, whose business it shall be to visit the various points where registration is being carried on, to inspect the operations of the registers, and to assure themselves that every man entitled to vote has the necessary information concerning his political rights, and the opportunity to record his name.
V. A general inspector, either an officer of the army or a civilian, will be appointed at these headquarters, to see that the provisions of these orders are fully and carefully executed.
VI. District commanders may, at their discretion, appoint civil officers of the United States as registers, with such additional compensation as may seem reasonable and sufficient.
VII. The commanding officer of each district will give public notice when and where the regis ters will commence the registration, which notice will be kept public by the registers in each district during the whole time occupied in registration.
VIII. Interference by violence, or threats of violence, or other oppressive means to prevent the registration of any voter, is positively prohibited; and any person guilty of such interference shall be arrested and tried by the military authorities.
By command of Brevet Major General Pope. J. F. CONYNGHAM, A. A. A. G.
General Orders, No. 28.
It having been reported to me that the mayor and city council of this city construe General Order No. 1, issued from Headquarters Third Military District, dated Montgomery, Ala., April 1, 1867, to mean that their duties as public officers shall cease on the expiration of their term of service, and believing that it was not contemplated by the commanding general of this military district that the city should be left without a civil government, I, therefore, by the power vested in me as commanding officer of this post, do hereby order said civil authorities to continue to perform their civil duties until such time as the appointments referred to in section 4 of said General Order No. 1 be received and duly promulgated at this post.
T. W. SWEENY,
Orders in Fourth Military District. HEADQUARTERS FOURTH MILITARY DISTRICT, MISSISSIPPI AND ARKANSAS, VICKSBURG, March 26, 1867.
Iturbed by the election for some of the city offi
HEADQUARTERS FIFTH MILITARY District,
General Orders, No. 1.
I. The act of Congress entitled "An act to provide for the more efficient government of the rebel States "having been officially transmitted to the undersigned in an order from the Headquarters of the Army, which assigns him to the command of the Fifth Military District created by that act, consisting of the States of Louisiana and Texas, he hereby assumes command of the same.
II. According to the provisions of the sixth section of the act of Congress above cited, the present State and municipal governments in the States of Louisiana and Texas are hereby declared to be provisional only, and subject to be abolished, modified, controlled, or superseded.
III. No general removals from office will be made, unless the present incumbents fail to carry out the provisions of the law, or impede the reGeneral Orders, No. 1. organization, or unless a delay in reorganizing 1. The undersigned having been appointed by should necessitate a change. Pending the reorthe President to command the Fourth Military ganization, it is desirable and intended to create District, consisting of the States of Mississippi as little disturbance in the machinery of the and Arkansas, hereby assumes command thereof. various branches of the provisional governments 2. Competent civil officers in this District are as possible, consistent with the law of Congress expected to arrest and punish all offenders and its successful execution; but this condition against the law, so as to obviate as far as possi-is dependent upon the disposition shown by the ble, necessity for the exercise of military author- people, and upon the length of time required for ity under the law of Congress, passed March 2, reorganization. 1867, creating military districts.
3. Such other orders as may become necessary to carry out the above-named act, and an act supplemental thereto, will be duly published. E. O. C. ORD,
Brev. Major and Brig. Gen. U. S. A.
Orders in Fifth Military District. HEADQUARTERS FIFTH MILITARY DISTRICT, NEW ORLEANS, LA., March 9, 1867. General Orders, No. 13.
IV. The States of Louisiana and Texas will retain their present military designations, viz: "District of Louisiana," and "District of Texas." The officers in command of each will continue to exercise all their military powers and duties as heretofore, and will, in addition, carry out all the provisions of the law within their respective commands, except those which specifically require the action of the military district commander, and except in cases of removals from and appointments to office. P. H. SHERIDAN, Major General Commanding.
No commander having yet been appointed for the military district of Louisiana and Texas, created by the recent law of Congress, entitled "An act to provide for the more efficient government of the rebel States," and Brevet Major-General Orders, No. 5. General Mower, commanding in this city, and the mayor and chief of police of the city of New Orleans having all expressed to me personally their fears that the public peace may be dis
HEADQUARTERS FIFTH MILITARY DISTRICT, NEW ORLEANS, LA., March 27, 1867. Andrew S. Herron, attorney general of the State of Louisiana; James T. Monroe, mayor of New Orleans; Edmund Abell, judge of the first district court of the city of New Orleans, are
hereby removed from their respective offices from
By command of Major General Sheridan.
HEADQUARTERS FIFTH MILITARY DISTRICT,
Special Crders, No. 15.
2. In obedience to the directions contained in the first section of the law of Congress, entitled "An act supplemental to an act entitied An act to provide for the more efficient government of the rebel States,' the registration of the legal voters, according to the law of the parish of Orleans, will be commenced on the 15th instant, and must be completed by the 15th of May.
Registers and all officers connected with elections will be held to a rigid accountability, and will be subject to trial by military commission for fraud, or unlawful or improper conduct in the performance of their duties. Their rate of compensation and manner of payment will be in accordance with the provisions of sections 6 and 7 of the supplemental act.
Brevet Brigadier General J. W. Forsyth, assistant inspector general of the Fifth Military District, is hereby directed to supervise the boards of registration for the parish of Orleans, to listen to and adjust, or refer to this office, all just causes of complaint. He is authorized to employ such experts as may be necessary to detect fraud in registration or elections.
Every male citizen of the United States twentyone years old and upward, of whatever race, color, or previous condition, who has been resident in the State of Louisiana for one year and parish of Orleans for three months previous to the date at which he presents himself for registration, and who has not been disfranchised by act of Congress or for felony at common law, shall, after having taken and subscribed the oath The four municipal districts of the city of prescribed in the first section of the act herein New Orleans, and the parish of Orleans, right referred to, be entitled to be, and shall be, regisbank, (Algiers,) will each constitute a registra-tered as a legal voter in the parish of Orleans tion district. Election precincts will remain as at present constituted.
The following appointments of boards of reg. isters is hereby made-to continue in office until further orders, viz:
First District John A. Roberts, Wm. Baker, and W. M. Geddes.
Second District-Edward Ames, T. C. Thomas, and Michael Vidal.
Third District-Charles F. Berens, John McWhorter, and H. Stiles.
Fourth District-John L. Davies, Henry Bensel, Jr., and Edmund Flood.
Orleans Parish, right bank-W. H. Seymour, Thomas Kenefec, and George Herbert.
Each member of the board of registers, before commencing his duties, will file in the office of the assistant inspector general at these headquarters the oath required in the sixth section of the act referred to, and be governed in the execution of his duty by the provisions of the irst section of that act, faithfully administering the oath therein prescribed to each person regis
Boards of registers will immediately select suitable offices, within their respective districts, having reference to convenience and facility of registration, and will enter upon their duties on the day designated. Each board will be entitled to two clerks. Office hours for registration will be from 8 o'clock till 12 a. m., and from 4 till 7 p m.
When elections are ordered the board of registers for each district will designate the number of polls and the places where they shall be opened in the election precincts within its district, appoint the commissioners and other officers necessary for properly conducting the elections, and will superintend the same.
They will also receive from the commissioners of elections of the different precincts the result of the vote, consolidate the same, and forward it to the commanding general.
and State of Louisiana.
Pending the decision of the Attorney General of the United States on the question as to who are disfranchised by law, registers will give the most rigid interpretation to the law, and exclude from registration every person about whose right to vote there may be a doubt. Any person so excluded who may, under the decision of the Attorney General, be entitled to vote, shall be permitted to register after that decision is received, due notice of which will be given. By command of Major General P. H. Sheridan GEO. L. HARTSUFF, A. A. G.
A MILITARY COMMISSION APPOINTED.
The New Orleans Republican of the 13th of April, says:
General Sheridan has ordered a military commission to meet in this city on Monday next, 15th instant, for the trial of Mr. Walker, and such other persons as may be properly brought before it. The following is the detail for the commission: Brevet Major General A. Beckwith, Brevet Brigadier General C. G. Saw. telle, Brevet Colonel M. Maloney, Brevet Colonel A. D. Nelson, Brevet Major M. J. Asch, Captain J. D. DeRussey, First Lieutenant John Hamilton. Brevet Major Leslie Smith, judge · advocate.
ORDER OF GEN. GRIFFIN.
Gen. Griffin, in command of the State, issued the following order on the 5th inst.:
Under the act of Congress passed March 2, 1867, to provide for a more efficient government of the rebel States, and the supplementary act thereto, the district commander is required to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish or cause to be punished all disturbers of the public peace and criminals. Jurisdiction of offenses may be taken, and offenders tried by the local civil tribunals, but where
it is evident that local civil tribunals will not Standing, as I do, on the broad principles of impartially try cases brought before them, and the Constitution, and sworn to enforce the laws, render decisions according to law and evidence, I have no concessions to make to traitors; no the immediate military commander will arrest compromises to offer assassins and robbers; and or cause the arrest of the offenders or criminals, if, in the sweep of coming events, retributive and hold them in confinement, presenting their justice shall overtake the lawless and violent, cases in writing, with all the facts, to these head-their own temerity will have called it forth. quarters, with the view to the said parties being brought before and tried by a military commission or tribunal, as provided in section three of the military bill.
Proclamation of Gov. Brownlow, of Tennessee,
The outrages enumerated must and shall cease. Having reached the foregoing conclusion I feel justified in expressing the opinion that the pres ent State government in Tennessee-so generally acquiesced in by loyal and law-abiding people-will be sustained and preserved, despite all the efforts of disappointed traitors and disloyal newspapers.
The interests of trade, of agricultural purState and others of the development of our suits, of commercial intercourse between this vast resources, of immigration, as well as justice to loyal sufferers-all require that these outrages at once cease in every county in the State. Disloyal men are giving forth their vile utterances in railroad cars, in public hotels, on the streets, and through the newspapers, damaging the ma
Whereas, it has been made known to me, the Governor of the State of Tennessee, that certain atrocious murders and numerous outrages have been committed in certain counties in this State, by violent and disloyal men, upon the persons and property of Union men, whose only offense has been their unswerving devotion to the national flag, and their uniform support of the State government; and whereas these bad men are banding themselves together in some locali ties, and notifying Union men to leave within a given time: Now, therefore, I, William G. Brown-terial interests of the State, those of commerce, low, Governor as aforesaid, by virtue of the authority and power in me vested, do hereby proclaim, that I intend to put a stop to all such outrages, by calling into active service a sufficient number of loyal volunteers, under the following recent act, which is now the law of Tennessee: An Act to organize and equip a State Guard,
and for other purposes.
cation, as well as bringing reproach upon the those of the mechanic arts, of religion and edu
tion without endeavoring to impress upon my I cannot, however, close this brief proclamafellow-citizens of all parties the importance, the absolute necessity, of remaining quiet, of preserving good order, and a quiet submission to, within the limits of our State. Outrages upon and a rigid enforcement of, the laws everywhere loyal citizens, whether white or black, and the setting aside of the franchise law, are all the work of bad men, who desire to foment strife, and will not be tolerated.
Be it enacted by the General Assembly of the State of Tennessee, That the Governor is hereby authorized and empowered to organize, equip, and call into active service a volunteer force, to be known as the Tennessee State Guard, to be composed of one or more regiments from each congressional district of the State: Provided al-in ways, that the Tennessee State Guard shall be composed of loyal men, who shall take and subscribe the oath prescribed in the franchise act. SEC. 2. That the Governor shall be commander-in-chief, and any member of said force shall be subject to his order, when in his opinion the safety of life, property, liberty, or the faithful execution of law require it; to be organized, armed, equipped, regulated, and governed by the rules and articles of war, and the revised army regulations of the United States, so far as applicable, and shall receive pay and allowances according to grade of rank, as provided for the United States Army while in active service, to be paid out of any money in the State treasury not otherwise appropriated: Provided, That the force provided for by this act shall not be armed and equipped until called into active service by
SEC. 3. That this act shall take effect from and! after its passage.
Prudent and experienced men will be placed charge of the "State Guard" in every county where they are placed, who will be required to protect all good citizens, irrespective of politica! all violators of law. And the number of troops parties, and to punish murderers, robbers, and called into active service will be increased or diminished as the good or bad conduct of the people shall be developed. Hoping this procla mation will strengthen the hands and inspire the hearts of the loyal people of our State, as to the future, and deter the disloyal from further acts of violence, I respectfully submit it, with a repetition of the assurance that I mean what I say, and that the General Assembly was in earnest in the passage of this military law.
In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed at the executive department in Nashville, on the twenty-fifth day of February, 1867.
WILLIAM G. BRownlow,