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GENERAL ORDERS,

No. 77.

B

HEADQUARTERS FIRST MILITARY
DISTRICT, STATE OF VIRGINIA,
Richmond, Va., Nov. 2, 1867.

At the election held in the State of Virginia, on the 22d day of October, 1867, and following days, for delegates to a State Convention, and to take the sense of the registered voters upon the question whether such Convention should be held for the purpose of establishing a constitution and civil government for the State, loyal to the Union, one hundred and sixty nine thousand, two hundred and twenty-nine (169,229) votes were cast upon the question of holding a Convention, of which number one hundred and seven thousand, three hundred and forty-two (107,342) votes were cast "For a Convention," and sixty-one thousand eight hundred and eighty-seven (61,887) votes "Against a Convention."

The whole number of votes cast upon that question being a majority of the whole number of registered voters in the State, and the number of votes cast "For a Convention" being a majority of all the votes cast upon that question, the Convention will be held as provided by the Act of Congress of March 23d, 1867.

The Hall of the House of Delegates in the city of Richmond, and 10 o'clock A. M., on Tuesday, the 3rd day of December, 1867, are designated as the place and time for the meeting of the Convention.

The following delegates to the Convention were duly elected, according to the returns of the officers who conducted said election, and are notified to meet in Convention at the time and place above specified :

From the city of Richmond-James W. Hunnicutt, John C. Underwood, James Morrissey, Lewis Lindsay and Joseph Cox.

From the county of Norfolk and city of Portsmouth-James H. Clemments, Luther Lee, Jr., and George Teamoh.

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From the county of Albemarle-C. L. Thompson and James T. S. Taylor.
From the county of Augusta-Powell Harrison and Joseph A. Waddell.
From the county of Bedford-Gaston G. Curtiss and David Staley.
From the county of Campbell-Samuel D. Williamson and Samuel F. Kelso.
From the county of Halifax-William L. Owen and David Canada.
From the county of Loudoun-Norborne Berkley and George E. Plaster.
From the county of Mecklenburg-Sanford M. Dodge and John Watson.
From the county of Pittsylvania-Levi C. Thayer and Herbert A. Wicker.
From the county of Rockingham-John C. Woodson and Jacob N. Leggitt.
From the city of Norfolk-Henry M. Bowden and Thomas Bayne.
From the city of Petersburg-James H. Platt, Jr., and Peter G. Morgan.
From the county of Alexandria-John Hawxhurst.

From the county of Amelia-Samuel R. Seay.
From the county of Amherst-John W. Broadus.
From the county of Botetourt-Lewis Linkenhoker.

From the county of Brunswick-William Leahy.
From the county of Buckingham-Frank Moss.
From the county of Charlotte-Edward Nelson.
From the county of Culpeper-Fayette Mauzy.
From the county of Cumberland-John Robinson.
From the county of Fairfax-Orrin E. Hine.
From the county of Fluvanna-James D. Barrett.
From the county of Frederick-Norvell Wilson.
From the county of Goochland-William P. Mosely.
From the county of Hanover-William James.
From the county of Henrico-George W. Swan.
From the county of Henry-C. Y. Thomas.
From the county of Louisa—John B. Eastham.
From the county of Lunenburg-Samuel Fuqua.
From the county of Montgomery-Adam H. Flanagan.
From the county of Nansemond-William J. Parr.
From the county of Nelson-Adolphus W. Harris.
From the county of Nottoway-William H. Robertson.
From the county of Orange-Frederick W. Poor.

From the county of Princess Anne-Willis A. Hodges.
From the county of Southampton-John Brown.

From the county of Wythe-James Gibbony.

From the counties of Chesterfield and Powhatan-Charles H. Porter, Samuel F. Maddox and James B. Carter.

From the counties of Caroline, King George and Spottsylvania-John L. Marye, Jr., Frederick S. C. Hunter and John J. Gravatt.

From the counties of Accomac and Northampton-Edward K. Snead and James C. Toy.

From the counties of Bath, Highland and Rockbridge-William McLaughlin and Joseph Mayse.

From the counties of Carroll, Floyd and Grayson-William R. Dickey and F. A. Winston.

From the counties of Fauquier and Rappahannock-R. Taylor Scott and J. C. Gibson.

From the counties of Northumberland, Lancaster, Richmond and Westmoreland-Ephraim Nash and Richard S. Ayer.

From the counties of Patrick and Franklin-W. F. B. Taylor and M. F. Robertson.

From the counties of Prince Edward and Appomattox-Edgar Allan and James W. D. Bland.

From the counties of Prince George and Dinwiddie-David C. Carr and William Reed.

From the counties of Lee, Scott and Wise-Andrew Milbourn and Charles Duncan.

From the counties of Page and Shenandoah-Moses Walton and George W. Rust.

From the counties of Smyth and Washington-Joseph T. Campbell and John H. Thompson.

From the counties of Alleghany, Craig, and Roanoke-Hugh H. Lee.
From the counties of Charles City and New Kent-Lemuel E. Babcock.
From the counties of Clarke and Warren-Joseph McK. Kennerly.
From the counties of Elizabeth City and Warwick-David B. White.

From the counties of Gloucester and Mathews-John W. Dixon.
From the counties of Isle of Wight and Surry-William H. Andrews.
From the counties of King and Queen and King William-Edmund W.
Massey.

From the counties of Madison and Greene-Robert S. Beasley.
From the counties of Middlesex and Essex-William Breedlove.
From the counties of Pulaski and Giles-Eustace Gibson.
From the counties of Russell and Buchanan-George R. Còwan.
From the counties of Stafford and Prince William-B. F. Lewis.
From the counties of Greenesville and Sussex-Peter K. Jones.
From the counties of Bland and Tazewell-James Milton French.
From the counties of James City and York-Daniel M. Norton.
From the counties of Alexandria and Fairfax-Linus M. Nickerson.
From the counties of Amherst, Buckingham and Nelson-J. Henry Williams.
From the counties of Campbell and Pittsylvania-William H. Lydick.
From the counties of Charlotte and Halifax-Joseph R. Holmes.
From the counties of Hanover and Henrico-Burwell Toler.

From the counties of Augusta, Albemarle and Louisa--James C. Southall.

Each delegate elect will be furnished with an official copy of this order, which will constitute his certificate of election.

By command of Brigadier and Brevet Major-General SCHOField.

OFFICIAL:

S. F. CHALFIN, Assistant Adjutant-General.

J. A. CAMPBELL, 2d. Lt. 5th U. S. Art'y, Brevet Lt. Col. U. S. A.,

Acting Assistant Adjutant-General.

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HEADQUARTERS MILITARY COMMISSIONER,
WOODSTOCK, VA., November 27, 1867.

COLONEL S. F. CHAFLIN,

COLONEL:

Assistant Adjutant-General, (through sub-District, Winchester, Va.)

I have the honor to return herewith letters of F. S. Tukey, and also a letter from the President Board of Registration of Augusta county, in which he gives an account of the manner in which the election was conducted in New Hope, Sixth District, Augusta county.

Respectfully, your obedient servant,

J. T. H. HALL,

Lieut. V. R. C. and Military Commissioner.

BUREAU OF REFUGEES, FREEDMEN AND ABANDONED LANDS,
OFFICE 4TH DIVISION, 9TH SUB-DISTRICT, Va.,
AND BOARD OF REGISTRATION FOR AUGUSTA COUNTY, VA.,

Staunton, Va., November 7th, 1867.

Colonel S. F. CHALFIN, U. S. A., Assistant Adjutant-General,

COLONEL:

First Military District, State of Virginia, Richmond:

I have the honor to transmit enclosed herewith a letter from. Mr. F. S. Tukey, who was a candidate at the election held October 22d, 1867, as a delegate at large from the counties of Augusta, Albemarle and Louisa.

The irregularity complained of did occur at the Sixth District, viz: not counting ballots before commissioners separated or even on the same day, and the ballot-boxes were also brought in unsealed; for both which infractions of General Order No. 68, current series, Headquarters First Military District, I reproved the registering officer; but as no objection was then made by either party, and the registering officer and three commissioners are men of high standing and well known integrity, I did not feel justified in rejecting the returns.

Being personally aware of the fact that the sixth district has the largest proportion of loyal Republicans of any district in the county, while Mr. Tukey, the Republican candidate, received but three votes, he thereby losing his election, I am constrained, in justice to that gentleman, to forward his letter with this brief explanation.

I have the honor to be, very respectfully,

Your obedient servant,

THOS. P. JACKSON, President Board of Registration.

STAUNTON, VA., October 24th, 1867.

Major-General J. M. SCHOFIELD, Richmond, Va.:
GENERAL:

I most respectfully protest against the acceptance of the election returns from the sixth magisterial district of Augusta county, where it was conducted in direct violation of General Order No. 68, paragraph 12, which

requires that the vote shall be counted immediately on the closing of the polls, and returned to the ballot-box, and the box sealed. But on the contrary, the commissioners dispersed without counting the vote, leaving the boxes unsealed. They were then carried to the house of one of the commissioners, kept over night unsealed, and the vote counted the following day; then brought a distance of ten miles to the court-house district unsealed.

It is evident to me that some fraud has been practiced in the district, as it is the largest Republican district in the county; yet, my competitor has one hundred and twenty-seven majority, which, if transferred to me, would secure my election. I think justice to me requires an investigation before the returns are accepted.

Having learned that the returns are to be forwarded by Mr. Thomas Leakey, registering officer for the county, I have thought proper to forward this communication by him in order that it might reach headquarters simultaneously. Hoping it will meet your early attention,

I am, General, with much respect, your obedient servant,
FREDERICK S. TUKEY.

STAUNTON, AUGUSTA COUNTY, VA., Nov. 4th, 1867.

Commanding District No. 1, Richmond, Va. :

Major-General J. M. SCHOFIELD,

GENERAL:

I have the honor to state that a protest was forwarded to headquarters by me on the 24th ultimo, against the acceptance of the election returns of magisterial district No. 6, of this county, which was based upon the ground of a direct violation (by the commissioners) of G. O. No. 68, par. 12.

I have subsequently seen an official order, written in reply to a communication of Mr. J. H. Gilmer, in which you say the question of eligibility to seats in the Convention will be left entirely to the Convention itself, which seems to me to be both proper and just, except in cases where the point in dispute grows out of a direct violation of your own orders as to the manner of conducting the elections, as in my case, in which instance I think an investigation should be made in, order to ascertain whether the statements made in my communication of the 24th ultimo are correct or not, so that if they should prove to be correct the whole matter might be settled without the trouble of submitting it to the Convention.

I do not make these suggestions, however, in any spirit of criticism or dictation, but for the following reasons:

1st. I am led to believe that an order will soon be issued for the assembling of the Convention and the names of the candidates elected published therewith, and I desire that this matter should be fully understood before the order is issued.

2nd. I find by reference to the Code of Virginia of 1860, chapter 10, pages 95 and 96, that the law requires any person intending to contest the election of another as Senator or Delegate to the House shall, within a specified number of days, notify his opponent of his purpose to do so, and I presume this law holds good with reference to delegates elected to a Constitutional Convention, and I desire to know what action you will take in this case in season to give my opponent such notice as the law requires, provided it becomes necessary.

I am, General, with much respect,

Your obedient servant,

FREDERICK S. TUKEY.

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