COMMUNICATION FROM MAJOR-GENERAL SCHOFIELD, WITH ACCOMPANYING DOCUMENTS. HEADQUARTERS FIRST MILITARY DISTRICT, To the President of the State Convention, Richmond, Virginia : SIR: I have the honor to furnish herewith, for the information and action of the Convention, the following papers: 1st. Official copies, as published in General Orders from the War Department, of the Act of Congress passed March 2nd, 1867, entitled, “An Act to provide for the more efficient government of the rebel States," and the acts supplementary thereto, passed March 23rd and July 19th, 1867; which acts of Congress constitute the authority under which the Convention was called, and define its powers and duties. (A.) 2nd. A copy of General Orders No. 77, current series, from these Headquarters, giving the names of the delegates elected to the Convention, according to the returns of the officers who conducted the election. (B.) 3rd. Letters from Frederick S. Tukey, a candidate for delegate to the Convention from the election district composed of the counties of Augusta, Albemarle and Louisa, protesting against counting the ballots cast for James C. Southall, in the magisterial district of Augusta county, and claiming a seat as a delegate to this Convention; together with the report of Mr. Thos. P: Jackson, President Board of Registration of Augusta county, on this subject. (C.) 4th. A letter from Messrs. N. A. Sturdivant, Marmaduke Johnson, Thomas J. Evans, Alex. H. Sands and William Taylor, protesting against counting the ballots cast in the First, Second and Third Wards of the city of Richmond, on account of the manner in which the election was conducted in those wards, and asking that they may be awarded seats in this Convention in place of James W. Hunnicutt, John C. Underwood, James Morrissey, Lewis Lindsay and Jos. Cox, with my reply thereto. (D.) 5th. A petition from certain citizens of Montgomery county, asking that the election of A. H. Flanagan as delegate to the Convention be set aside. (E.) 6th. Letters from John B. Eastham, of Louisa county, Samuel R. Seay, of Amelia county, and Robert S. Beasley, of Greene county, delegates elect to the Convention, tendering their resignations as such, with copies of my replies thereto. (F.) 7th. Copies of my replies to inquiries addressed me in reference to the eligibility to election as delegates to the Convention. (G.) I shall be pleased to furnish the Convention with all information, and copies of all papers and documents in my possession, which may be required by you in your deliberations. Very respectfully, Your obedient servant, J. M. SCHOFIELD, Brevet Major-General, U. S. A. GENERAL ORDERS, No. 10. A HEADQUARTERS OF THE ARMY, I. The following Act of Congress is published for the information and government of all concerned: [PUBLIC-NO. 68.] AN ACT to provide for the more efficient government of the rebel States. WHEREAS no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said rebel States shall be divided into military districts and made subject to the military authority of the United States as hereinafter prescribed; and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama and Florida the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district. SEC. 2. And be it further enacted, That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned. SEC. 3. And be it further enacted, That it shall be the duty of each officer, assigned as aforesaid, 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, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose, and all interference, under color of State authority, with the exercise of military authority under this act, shall be null and void. SEC. 4. And be it further enacted, That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions: Provided, That no sentence of death, under the provisions of this act, shall be carried into effect without the approval of the President. |