Mauzy, for the names of all who held office before the war, and he said the papers were destroyed, but if I brought him the Registration lists he would check off the names as far as he knew, of all that held office, according to his recollection. I went back to my office and got the Registration lists, and brought them to Mr. Mauzy, and he checked off some eight or ten names, as far as I can remember, his name among the rest. I think he said to me what was I procuring those names for, and I told him to revise the Registration lists. I had a conversation with Mr. Mauzy, in which I asked him if he voted for the ratification of the ordinance of secession, and he told me that he really did not remember whether he did or not, but if he did vote, he voted for the ratification of the ordinance of secession. He said he had not much doubt but what he voted, as it was a very excitable time." (See testimony of George S. Cady, marked Exhibit "F.") The Committee will here state that the poll-books of the vote which was taken on the question whether the ordinance of secession should be ratified or not, were destroyed during the war. (Vide certificate marked Exhibit "B.") The testimony of Captain MacNulty also shows, that a final revision of the Registration lists was made by the Board, in conformity with orders from the General Commanding. About ten notices were posted in the 1st district for the final revision which took place on the 8th of October, and continued five consecutive days. The substance of the notice for the final revision was that all persons entitled to register, who did not register at the previous sessions, would have an opportunity of doing so at the time specified in the notices. "The names of all those stricken off the lists" (at the second session) were published. If a party could show that he had been improperly stricken off the list at the second session, he could be restored to the list of voters at the final revision. Mr. Mauzy made no application to the voters, at the final revision of the lists. January 9, 1868, marked Exhibit "G.") Board to be restored to the list of (Vide Capt. MacNulty's testimony, It further appears from the testimony of Capt. MacNulty, that after the second session of the Board, notices containing the names of those stricken from the list, were posted, in pursuance of military orders. That about four such notices were posted in each magisterial district, except in the 1st district, which is larger than any of the others, about ten were posted, including the name of Mr. Mauzy. Mr. Mauzy resided in the 1st district. The object of the notice was to bring the objected parties before the Board, if they so desired after seeing the notice. (Vide Exhibit marked “E.”) Your committee will further state that on the 9th instant, Mr. Mauzy was before the committee, and having read the testimony of Captain McNulty and Mr. Cady, stated that under the construction placed upon the Act of Congress of July 19, 1867, by General Schofield, he could not conscientiously take the registration oath prescribed in the Act of March 23, but under his own construction, could take said oath. The committee are of opinion that they have now referred to all the evidence, oral or otherwise, bearing materially upon the question of the eligibility of Mr. Mauzy to a seat in the Convention, except the oath of amnesty taken and subscribed by him in June, 1865. (See Exhibit marked "H.") Your committee would also refer generally to Exhibits marked respectively I, K, L, and to letter, dated October 16, 1867, published in Document No. 1, page 39.* The committee will also state that Mr. Mauzy protested in writing, bearing date December 19, 1867, against the consideration by the committee of any and all matters concerning his right to a seat in your body, for reasons therein given and set forth. (Vide Protest, marked Exhibit “M.”) In the event of your body declaring Mr. Mauzy ineligible to his seat, the question will arise whether a new election should take place in Culpeper county, or whether the person who received the next highest number of votes should be entitled to Mr. Mauzy's seat. If the Convention should arrive at the latter conclusion, it becomes necessary to state that Mr. John M. Botts received the next highest vote to Mr. Mauzy at the election held in Culpeper county, on the 22d day of October, 1867, for delegates to the present Convention. (See Exhibit marked "N.") Respectfully submitted. Dated January 11th, 1868. CHARLES H. PORTER, Chairman. EXHIBIT A, COPY OF RESOLUTION CREATING THE COMMITTEE. Resolved, That the Committee on Elections be, and they are hereby, instructed to ascertain if there be any members of this Convention who are disfranchised by the recent acts of Congress, known as the Reconstruction Acts, and that they report their names, if any, to this Convention as soon as practicable, Adopted 6th December, 1867. EXHIBIT B. CERTIFICATE OF THE CLERK OF THE COUNTY COURT OF CULPEPER. Culpeper County Court, 20th day of May, 1839 : And it appearing to the court that the said Fayette Mauzy on such vote, has received a majority of the whole number of justices present, it is, therefore, ordered that he be duly appointed clerk of this court for and during the term of seven years from this time; and thereupon he, together with S. K. Bradford and William Green, his securities, entered into and acknowledged a bond in the penalty of three thousand dollars, conditioned as the law directs; and the said Fayette Mauzy took the several oaths prescribed by law. A copy-Teste : Culpeper County Court, 18th day of May, 1846 : F. MAUZY, Clerk. And thereupon the said Fayette Mauzy being duly elected clerk of this court, he entered into and together with Samuel K. Bradford and Wm. Green, his sureties, acknowledged a bond for the faithful discharge of his duties as such clerk, and for paying the taxes so received by him, into the public treasury, and took the several oaths required by law. A copy-Teste: Culpeper County Court, 19th July, 1852 : F. MAUZY, Clerk. Fayette Mauzy, who hath been duly elected clerk of this court for six years, from the 1st day of July, 1852, came into court and entered into bond with security in the penalty of three thousand dollars, conditioned according to law, and took the several oaths prescribed by law. A copy-Teste: Culpeper County Court, 21st day of June, 1858 : F. MAUZY, Clerk. Fayette Mauzy, who hath been elected clerk of this court for six years, commencing on the 1st day of July next, entered into bond with security, according to law, and qualified as such clerk. A copy-Teste: Culpeper County Court, 20th June, 1864 : F. MAUZY, Clerk. F. Mauzy entered into bond with security, and qualified as clerk of this court for the term commencing the 1st day of July next. A copy-Teste: Culpeper County Court, 21st August, 1865 : F. MAUZY, Clerk. Fayette Mauzy having been returned duly elected clerk of this court, came into court and entered into bond with security, and qualified according to law. A copy-Teste: F. MAUZY, Clerk. Clerk's office County Court of Culpeper, December 24th, 1867 : I, F. Mauzy, clerk of the county court of Culpeper, do hereby certify that the poll-books of the vote which was taken on the question, whether the ordinance of secession should be approved or not, are not now in my office, having been destroyed during the late war. F. MAUZY, Clerk. EXHIBIT C. COMMUNICATION FROM GENERAL SCHOFIELD IN RELATION TO MR. MAUZY. HEADQUARTERS FIRST MILITARY DISTRICT, Mr. CHARLES H. PORTER, SIR: Chairman Committee of Privileges and Elections, Virginia State Convention, Richmond, Va. : In response to the resolution of your committee of this date, I am directed by the Commanding General to inform the committee that Mr. Fayette Mauzy was registered as a voter in the first magisterial district of Culpeper county at the first session of the Board of Registration in June, but at the second session of the Board in August, his name appears under the head of list of persons in the county of Culpeper, State of Virginia, transferred to the rejected list after re-examination at the second session of the Board, in compliance with General Orders No. 47. The entry on the list is as follows: "13. Mauzy, Fayette, 1st district; age, 66; occupation, clerk of the court; length of residence in State, 66 years-in district, 12 months; born in Culpeper; former office, clerk of county court; remarks, voted for the ordinance of secession." A copy of General Orders No 47, current series, from these Headquarters, issued subsequent to the first registration, is transmitted herewith for your information. Very respectfully, Your obedient servant, J. A. CAMPBELL, Brevet Lieut. Col. U. S. A., A. A. A. G. |