ing, here, take it and kill as many of them (meaning Federal soldiers) as you can; now is the time to do it. During the march, and in camp, Mr. Flanagan was active and zealous in encouraging the men to endurance, and violent in abusing all who were disposed to lag behind or come short in their duty to the South. I regarded him at that time as one of the warmest, most zealous and ardent supporters of the Southern cause to be found in the State. JOSEPH H. SOWDER. Joseph H. Sowder, whose name is signed to the above, personally appeared before me, a Notary Public for the county of Montgomery, and affirmed that the above statement contained the truth, to the best of his knowledge and belief. C. B. GARDNER, N. P. THE DEPOSITION OF WILLIAM LUCAS, (COLORED). I was at Central Depot, in Montgomery county, some time in the summer of 1861, and heard Mr. Adam Henderson Flanagan make a public speech to a crowd assembled there. Captain Radford was then trying to raise a company for the Southern army, and Mr. Flanagan was trying to persuade men to join that company and go to the war. his WILLIAM LUCAS. Witness, ARCHER A. PHLEGAR. mark. State of Virginia, Montgomery County, to-wit: Personally appeared before me, a Justice of the Peace for the county aforesaid, William Lucas, a colored man, and made oath that the facts stated above, to which his name is signed, are true. Given under my hand this 24th day of October, 1867. JAMES T. MILLER, J. P. STATEMENT OF A. J. LUCAS. In the year 1865, after Mr. A. H. Flanagan's return from the North (where he went during the war,) I was at his house, and in a conversation with him on that occasion, he remarked that the reason he went North was because the Confederate Congress had not treated store men, who put in substitutes, in good faith, and he determined from that fact to leave the country. After he got over there, (meaning Charlestown, Kanawha Valley,) he had many applications to point out the lines and boundaries of the lands of prominent persons in this county, as he had been county surveyor, which he refused to do, saying he never went away with the intention of injuring any man in the county. The people called him, over there, a Southern sympathizer; that he was a McClellan democrat and opposed to Lincoln's election. This is the substance of the conversation, and I thought Mr. Flanagan, from the commencement of the war, up to the time he went through the Federal lines, as good a Southern man as myself. State of Virginia-Montgomery County, to-wit : A. J. LUCAS. A. J. Lucas, a person of lawful age, and a resident of Montgomery county, Virginia, personally appeared before me, a Justice of the Peace for said county, and made oath that the facts above stated, to which his name is signed, are true. Given under my hand this 26th of October, 1867. JAMES T. MILLER, J. P. THE DEPOSITION OF CHAS. A. PAGE, OF MONTGOMERY COUNTY, VIRGINIA.. Sometime in the latter part of the year 1861, or the first of 1862, Adam Henderson Flanagan came to me and offered me ($200) two hundred dollars for my position as wagon master of the 54th regiment Virginia infantry, Confederate States army. I was not forced to accept the place which I then occupied, nor do I know of any power which could have compelled Mr. Flanagan to take such a position. There had then been no men forced into the army from this county, nor was there then any talk of drafting or conscripting. The 54th regiment was then composed wholly of volunteers. State of Virginia, Montgomery County, to-wit : C. A. PAGE. Personally appeared before me, a Justice of the Peace for the county aforesaid, Charles A. Page, and made oath that the facts above stated, to which his name is signed, are true. Given under my hand this 26th day of October, 1867. JAMES T. MILLER, J. P. COPY OF ADAM H. FLANAGAN'S OFFICIAL BOND. Know all men by these presents, that we, Adam H. Flanagan, Thomas D. Childress, and William Cromer, are held and firmly bound unto the Commonwealth of Virginia, in the just sum of five thousand dollars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this 7th day of June, 1858. The condition of the above obligation is such, that whereas the above bound Adam H. Flanagan was, on Thursday, the 27th day of May, 1858, by the qualified voters of Montgomery county, duly elected surveyor of said county for the term of six years, commencing on the first day of July, 1858. Now, if the said Adam H. Flanagan shall faithfully discharge the duties of said office, then the above obligation to be void, else to remain in full force. At Montgomery June Court, 1858. This bond was entered into and acknowledged in court, and ordered to be recorded. Teste: A copy-Teste: R. D. MONTAGUE, C. J. M. WADE, Clerk. F RESIGNATION OF JOHN B. EASTHAM, WITH REPLY OF GENERAL SCHOFIELD, To Major-General J. M. SвHOFIELD: DEAR SIR: LOUISA COUNTY, VA., October 25th, 1867. Circumstances having occurred which will render it impossible, for me to take my seat in the Convention, to which I have been elected a delegate, I hereby forward to you my resignation of the position, with the hope that you will do me the kindness to accept it, and cause another election to be held in this county, to fill the vacancy occasion by my resignation. I have the honor to be, sir, Your most obedient servant, JOHN B. EASTHAM. HEADQUARTERS FIRST MILITARY DISTRICT, Mr. JOHN B. EASTHAM, STATE OF VIRGINIA, Richmond, Va., November 1st, 1867. Through President Board of Registration, Louisa county, Louisa Court-House, Va. SIR: In reply to your communication of the 25th ultimo, tendering your resignation as delegate to the Convention, and requesting its acceptance, I am directed by the Commanding General to say, that he has not the power to accept the resignation, and would not be willing to do it if he had the power, Mr. Eastham having been a candidate with his own consent, and having been duly elected, his duty to his constituents, in the opinion of the Commanding General, requires him to serve in the Convention, Signed, Very respectfully, your obedient servant, S. F. CHALFIN, Assistant Adjutant-General. RESIGNATION OF SAMUEL R. SEAY, WITH THE REPLY OF GENE Colonel S. F. CHALFIN, RAL SCHOFIELD. AMELIA COUNTY, VA., November 16, 1867. A, A, General First Military District, Richmond, Va. COLONEL: I have the honor herewith to tender my resignation, as delegate elect to the approaching State Convention, Very respectfully, your obedient servant, Colonel S. F. CHAFLIN, SAMUEL R. SEAY, PAINVILLE, AMELIA COUNTY, Va., A. A. General First Military District Richmond Va. DEAR COLONEL: Since sending you my resignation, as delegate elect to the Convention, I thought it might be proper to state my reasons. I was nominated as candidate but two or three days before the election, consequently did not canvass the county; what influences were brought to bear, at the different precincts, by persons favorable to my election, I am unable to say. At my own precinct, where I was, I withdrew in the morning before the voting commenced, and communicated the fact to the three nearest precincts, the fourth being distant too far, consequently I did not receive but three votes at my precinct during the day, and would not allow them to vote for me during the day. The result shows that I was returned elected. I then concluded to accept the returns, with the public understanding that if those who voted for me did so under misapprehension, if they would signify it to me, I would resign. Since then nearly four hundred have petitioned me to resign, and the petition is still being circulated. This is my reason for withdrawing. Hoping it may be satisfactory, I am, Colonel, very respectfully, your obedient servant, SAMUEL R. SEAY. HEADQUARTERS FIRST MILITARY DISTRICT, Richmond, Va., November 26, 1867 SIR-I am directed by the Commanding General to acknowledge the receipt of your communication of the 18th instant, tendering your resignation as delegate elect to the Convention from Amelia county, Va., and in reply thereto, to say that he does not consider that he has the authority to accept your resignation, but will refer it to the Convention for its action. Very respectfully, your obedient servant, OFFICIAL COPY: S. F. CHALFIN, Assistant Adjutant-General. J. A. CAMPBELL, 2d Lt. 5th Art'y, Brevet Lt. Col. U. S. A., A. A. A. G. RESIGNATION OF R. S. BEASLEY, WITH THE REPLY OF GENERAL SCHOFIELD. EDGEWOOD, GREENE COUNTY, November 18, 1867. To Major-General J. M. SCHOFIELD, Commanding General First Military District, Va: SIR-In consequence of severe and protracted family affliction, I hereby tender you my resignation as member elect to the State Convention, from the 34th election District, composed of the counties of Madison and Greene. Very respectfully, R. S. BEAZLEY. HEADQUARTERS FIRST MILITARY DISTRICT, Mr. R. S. Beazley, Edgewood, Va.: STATE OF VIRGINIA, SIR-I am directed by the Commanding General to acknowledge the receipt of your communication of the 18th instant, tendering your resignation as delegate elect to the Convention from the counties of Madison and Greene, Va., and in reply thereto, to say that he does not consider that he has the authority to accept your resignation, but that he will refer it to the Convention for its action. Very respectfully, your obedient servant, Signed, OFFICIAL Copy: S. F. CHALFIN, Assistant Adjutant-General. J. A. CAMPBELL, 2d Lt. 5th Art'y, Brevet Col. U. S. A., A. A. A. G, G MAJOR-GENERAL SCHOFIELD'S OPINION IN REFERENCE TO ELIGIBILITY TO ELECTION AS DELEGATES TO THE CONVENTION, PUBLISHED SEPTEMBER 24TH AND OCTOBER 16TH, 1867. * * * * SEPTEMBER 24th, 1867. "Delegates to the Convention cannot be required to take the oath referred to, (the oath prescribed by Congress for all officers of the United States.) "Section 9, of the Act of July 19th, refers to officers elected under authority of the so-called' or 'provisional' State governments. "This cannot be construed to include delegates to a State Convention, elected under authority of the Congress of the United States: "No oath whatever has been prescribed by law for delegates to the State Convention, and there is no authority, but Congress, competent to prescribe such oath. "The only restriction imposed upon the registered voters, in the selection of their delegates to the Convention, is that contained in the 5th section of the Act of March 2d, viz: No person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States, shall be eligible to election, as a member of a Convention to frame a Constitution for any of said rebel States. "" "The construction given to the words "Executive and Judicial' by section 6 of the act of Congress of July 19th, apply to those words, wherever used in the Acts of March 2d and 23d-that is, as well to the qualifications for office as to that for the elective franchise. Hence, a person who was clerk of a county court before the war, and as such clerk, took an oath to support the Constitution of the United States, and afterwards engaged in rebellion, is not eligible to election as delegate to the State Convention. “The opinion of the Attorney-General of the United States, which was published by the War Department, on the 20th of June, 1867, wherein county officers are included among those subject to disfranchisement for participation in rebellion, as being 'executive or judicial officers of a State,' appears to coincide with the opinion above expressed.” OFFICIAL: J. A. CAMPBELL, 2d Lieut. 5th U. S. Artillery, Brv't. Col. U. S. A., A. A. A. G. |