ADAM H. FLANAGAN : CHRISTIANSBURG, Va., October 4th, 1867. SIR: Take notice that we, the undersigned citizens and voters of the county of Montgomery, on the 11th day of November, 1867, will submit a petition to Major-General Schofield, asking him to set aside the election held in this county on the 22d day of October last, for a delegate to the Convention, upon the grounds that you, being the delegate returned as elected, are ineligible and disqualified from taking a seat in said Convention, under the acts of Congress known as the "Reconstruction laws," by reason of having held office before the war, and as such officer took an oath in open court to, support the Constitution of the United States, and afterwards gave aid and comfort voluntarily and in various ways to the rebellion. Respectfully, ROBERT C. TRIGG, J. W. SHIELDS, C. A. CHIPLEY, J. N. LYLE, I certify that on the 8th day of November, 1867, I served a true copy of the within notice on A. H. Flanagan. HENRY C. BARNETT. THE DEPOSITION OF ARCHER A. PHLEGAR, OF MONTGOMERY COUNTY. I was in camp at Saltville, Va., for a week or ten days in September, 1863, as a member of a battalion from this county, composed entirely of men who were exempt from duty in the army, and who had organized themselves into companies for the purpose of resisting the raids of Federal troops into Southwestern Virginia. Saltville was then threatened by the Federal forces. Mr. Adam Henderson Flanagan was in the camp at Saltville, and doing duty as a member of a company commanded by Captain James T. Miller. He not only performed the duties of a common soldier, but acted, to my own knowledge, as a drill-master for raw recruits. Captain Miller's company was composed entirely of volunteers. I took an active part in organizing it, and now know of men who positively refused to join it, and who were never molested in the least for such refusal. I also know of some who enrolled their names in that company, yet who never went with it when it was called upon to resist a raid; and these men were never molested for remaining at home. I have known Mr. Flanagan for a long time; knew him at school; knew him as a county surveyor of this county; know him now, and could not possibly have been mistaken as to his identity in the camp at Saltville. ARCHER A. PHLEGAR. State of Virginia-Montgomery County, to-wit: Archer A. Phlegar personally appeared before me, a notary public for the State and county aforesaid, and made oath that the facts above stated, to which his name is signed, are true. C. B. GARDNER, N. P. AFFIDAVIT OF L. A. BUCKINGHAM. I hereby certify that in the year eighteen hundred and sixty-one, while the 54th Virginia (Confederate) regiment was in camp at or near Christiansburg, Va., Adam H. Flanagan was a beef contractor of and for the 54th Virginia regiment; that he boasted of his loyalty to the Confederate Government, &c., &c., and that subsequent to that time he made, or attempted to make, speeches in support of the secession movement, urging all parties to volunteer to protect the rights of Virginia and the South in the conflict then impending between the North and the South. Given under my hand, November 7th, 1867. Virginia-Pulaski County, to-wit : LEWIS A. BUCKINGHAM. Sworn to and subscribed before me, November 7th, 1867. P. S. WOOLWINE, J. P. THE DEPOSITION OF A. A. HOBSON. I hereby certify that in October, 1861, myself, Mr. A. H. Flanagan and others, were competitors for the contract to supply the 54th Virginia regiment, Confederate States army, with beef. In the fall of 1861, while said regiment was stationed at Christiansburg, Va., and he (Mr. Flanagan,) being the lowest bidder, received the contract to supply fifty (50) head of cattle butchered and delivered at their camp. After Mr. Flanagan had delivered the fifty beeves above named, he and myself put in a bid for fifty (50) more, and after we got the contract, Mr. Flanagan insisted that I should allow him fifty cents a head more than I would receive, because he contended that it was through his influence that the contract was obtained. I further know that at the time there was no power exerted by any one to compel Mr. Flanagan, or any one else in this section of country, to furnish supplies for the army against their will. A. A. HOBSON. State of Virginia-Montgomery County, to-wit : A. A. Hobson personally appeared before me, a Notary Public for the State and county aforesaid, and made oath that the above facts are true. Given under my hand this 23d day of October, 1867. C. B. GARDNER, N. P. THE DEPOSITION OF DR. JAMES H. OTEY, OF MONTGOMERY COUNTY, VIRGINIA. Sometime after Mr. A. H. Flanagan's return to this county, (after the close of the late war) I had a conversation with him relative to his desertion from this State during the war. Mr. Flanagan commenced the conversation himself. In that conversation he stated that he supposed the people were very much surprised at his going to the Yankees; that he had not deserted because he had any sympathy whatever with the Yankees, and that he was as good a Southern man as myself or any one else. He said he was denounced as a rebel by the men he ran off with; that he lived with a rebel while he was within the Union lines; that he voted for McClellan, and that he would not have voted for Lincoln to have saved his life; that the reason he left the South was because he thought the Confederate Congress had treated him badly, by receiving a substitute and afterwards attempting to put him in the army; and had the Federal Government attempted to put him in the Union army, he would have left and gone to Canada. Mr. Flanagan lives within three or four miles of me, and I never heard any one call in question his loyalty to the Confederate Government until after his desertion. J. H. OTEY. State of Virginia-Montgomery County, to-wit: James H. Otey personally appeared before me, a notary public for the county and State aforesaid, and made oath that, the facts stated above, to which his name is signed, are true. Given under my hand this 25th day of October, 1867. C. B. GARDNER, N. P. CERTIFICATE OF J. M. WADE, CLERK. Virginia-Montgomery County, to-wit : I, James M. Wade, clerk of the county court of said county, do hereby certify that upon an examination of the poll-books of this county, of the 23d day of May, 1861, (and filed in my office, to take the sense of the qualified voters of this Commonwealth upon the ratification of "An ordinance to repeal the ratification of the Constitution of the United States of America, by the State of Virginia, and to resume all the rights and powers granted under said Constitution," (adopted in convention at the City of Richmond on the 17th day of April, 1861), that Adam H. Flanagan voted for the said ordinance of secession. Given under my hand this 26th day of October, 1867. State of Virginia-Wythe County, s. s.: J. M. WADE, Clerk. On this 28th day of October, A. D. 1867, personally came C. A. Chipley, who being sworn upon his oath, says that, on the 30th day of April, 1867, he was appointed “registrar" for the county of Montgomery, State of Virginia, and a member of the Board of Registration for said county, in compliance with the act of Congress of March 2d, 1867, and the act supplementary thereto, providing for the reconstruction of the States lately in rebellion; this deponent, as a member of the Board of Registration, in conjunction with the president of said board and the registering officer of the second magisterial district, convened said board for the purpose of registering voters at the precinct of Montgomery county, known as "Price's Fork," during the month of June, at which time and place Adam H. Flanagan presented himself for registration as a voter; said Flanagan was registered as a voter, in compliance with General Orders No. 34, issued from Headquarters First Military District, dated June 3d, 1867; subsequent to the registration of said Flanagan, the Congress of the United States convened at the Capitol at Washington, and passed another supplementary reconstructionact, wherein it was decided who were executive and judicial officers; said act also enacted that any person who held any State office previous to the rebellion and afterwards engaged in said rebellion, or gave aid or comfort to the enemies of the United States, were disfranchised, whether they took the oath to support the Constitution of the United States or not. Upon the receipt of instructions from the Major-General Commanding; in pursuance of said supplementary act, to the Board of Registration, it was decided by the MajorGeneral commanding that any person who held the office of county surveyor previous to the war, and afterwards engaged in the rebellion, or gave aid or comfort to the enemy, were disfranchised; said Flanagan called upon this deponent and the President of the Board of Registration and admitted that, under General Schofield's order; he was disfranchised, without he could be registered as a voter by virtue of the proclamation of President Lincoln, known as the amnesty proclamation: This deponent and the President of the Board of Registration informed said Flanagan that said amnesty proclamation did not restore him to the right of suffrage; said Flanagan was not satisfied with said decision, whereupon this deponent; by order of the President of the Board of Registration, wrote a letter of inquiry to the said Major-General Schofield; in said letter of inquiry the question was raised as to the eligibility of the said Flanagan to register under the aforesaid proclamation; said letter also set forth the rebellious acts of the said Flanagan, with his excuses for having committed them. After writing said letter this deponent was anxious to resign his position on the board of registration; but did not wish to do so until an answer was obtained from General Schofield in regard to the right of said Flanagan to register.After waiting for about two weeks; this deponent resigned his commission as registrar, in order to attend to his duties as register in bankruptcy, and after said resignation had been accepted: the President of the Board of Registration received an answer to his letter of inquiry wherein it stated, "That the amnesty proclamation did not restore Flanagan to his right of suffrage, but if the acts committed by him were involuntary, he could be registered as a voter." Immediately after the perusal of said letter by this deponent; the question was asked the president of the board what action he proposed to take in said Flanagan's case; this deponent seeing that the said president of the board was disposed to register said Flanagan, contrary to paragraph 12, General Orders No. 28, dated May 13th, 1867, this deponent; therefore, handed Captain Schaeffer, the president of the board, a note of the following words, to-wit : "Captain C. S. Schaeffer: If evidence is received to prove that Flanagan did his rebellious acts involuntary, I wish to prove, by loyal men who were loyal during the war, that what he did was voluntary:” Said Schaeffer did not notice said note; neither did he request this deponent to produce the evidence of Flanagan's disloyalty, and from what this deponent can learn, said Schaeffer informed the members of the board that it was ordered by General Schoffeld that said Flanagan be registered on his own affidavit of loyalty: Members of the board, one of whom was my successor as registrar of the county, informed this deponent that he never saw said letter; but voted to admit the said Flanagan to register on the statement made to him by the said Schaeffer; at the time the said Flanagan was registered, this deponent protested against it, because this deponent was prepared to prove the following facts in regard to the said Flanagan to wit: First, He was county surveyor previous to the war. Second. He went from place to place in the county of Montgomery and made speeches to encourage enlistments in the rebel army. Third. He volunteered in the rebel army and put in a substitute. Fourth. After he had put in a substitute, he being then exempt from military duty; he volunteered in the home guard, and went on duty in the company of Captain James Miller, and while on picket duty captured a number of deserters from the Confederate army. Fifth. He was a contractor under the rebel authorities to furnish beef to the 54th Virginia regiment; and Sixth. He voted for the Ordinance of secession. These facts this deponent was prepared to prove, and so informed the president of the board of registration, and the only reason this deponent can give for the registration of said Flanagan was, that he belonged to an organization known as the Loyal League. This deponent further states, from his observation, that the said Captain C. S. Schaeffer has made an unjust discrimination between persons who belonged to the said Loyal League and those who did not, to-wit by registering persons who were disfranchised under the law, and rejecting others who were not disfranchised; further this deponent sayeth not. C. A. CHIPLEY. Sworn and subscribed to before me this 28th day of October, A. D. 1867. CHARLES A. HALLER, J. P., For Wythe County, Virginia. Virginia-In the Clerks Office of the Circuit Court of Wythe County: I, James Trucks, Clerk of said Circuit Court, do certify that Charles A. Haller, whose genuine signature appears to the within affidavit, is a Justice of the Peace of Wythe county, duly elected, commissioned and qualified according to law, and that full faith and credit is due and ought to be given to all his official acts as such, as well in Court as out. In testimony whereof, I have hereto subscribed my name, and affixed the seal of said Court, at my office in Wytheville, the 28th day of October, 1867. JAMES TRUCKS, Clerk Wythe Circuit Court. STATEMENT OF JOSEPH H. SOWDER. I knew Adam H. Flanagan well at the commencement of the late war. About the last of March or the 1st of April, 1862, the militia of Montgomery county (of which I was a member) were called out to take the field against the armies of the United States. in behalf of the Confederate States Government. A. H. Flanagan applied to Major William G. Guerrant, commanding, and was appointed quartermaster of the battalion. Whilst the militia were assembling at Christiansburg, the county seat, Mr. Flanagan was very active in reporting to headquarters, and bringing in men who had failed to report in obedience to orders. Whilst the battalion was encamped at Peterstown, in Monroe county, Mr. Flanagan, by diligent enquiry, learned that two men belonging to one of the companies, and living on Bradshaw's creek, in Montgomery county, had failed to report, and had deserted and gone to Craig county. He at once reported the facts to Major Guerrant, and had a guard sent to Craig and the men arrested. Whilst in this camp Mr. Flanagan, in securing, as quartermaster, forage for the command, sent teams fourteen miles from camp to take hay belonging to Union men, in preference to taking that of Southern men not a mile distant, saying "that he wanted to take the forage of men who were not loyal to the South." When arms were furnished the command at Christiansburg depot, Mr. Flanagan was one of the men who broke open the boxes and helped to distribute the muskets to the men. He handed me a musket, remark |