A. J. Marshall, Senator from Fauquier. David J. Saunders, of the House of Delegates, son, Waller Staples, S. D. Miller, Thos. J. Ran- | Virginia together, as the rightful Legislature of dolph, Wm. T. Early, R. A. Claybrook, John the State, to settle all differences with the United Critcher Williams, T. H. Eppes, and those other States. I have done no such thing. I spoke of persons for whom passports have been procured, them not as a legislature, but as the gentleand especially others whom we consider it un- men who have acted as the Legislature of Virnecessary to mention. Signed- ginia in support of the rebellion." I did this on purpose to exclude the assumption that I was recognizing them as a rightful body. I dealt with them as men having power de facto to do a specific thing, to wit, to withdraw the Virginia troops and other support from resistance to the General Government," for which, in the paper handed to Judge Campbell, I promised a specific equivalent, to wit, a remission to the people of the State, except in certain cases, the confiscation of their property. I meant this and no more. Inasmuch, however, as Judge Campbell misconstrues this, and is still pressing for an armistice, contrary to the explicit statement of the paper I gave him; and particularly as Gen. Grant has since captured the Virginia troops, so that giving a consideration for their withdrawal is no longer applicable, let my letter to you and the paper to Judge Campbell both be withdrawn or countermanded, and he be notified of it. Do not now allow them to assemble; but if any have come, allow them safe return to their homes. A. LINCOLN. L. S. Hall, of the House of Delegates, Wetzel county. J. J. English, of the House of Delegates, Henrico county. Wm. Ambers, of the House of Delegates, A. M. Keetz, House Delegates, Petersburg. Joseph Mayo, Mayor, city of Richmond. Thomas W. Dudley, Sergeant, Richmond city. Littleton Tazewell, Commonwealth's Attorney, Richmond city. Wm. T. Joynes, Judge of the Circuit Court, Petersburg. John A. Meredith, Judge of the Circuit Court, Richmond. Wm. H. Lyons, Judge of the Hustings Court, Richmond. Wm. C. Wickham, Member of Congress, Rich mond. Benjamin S. Ewell, President of William and Nat. Tyler, editor Richmond Enquirer. R. R. Howison, Richmond. W. Goddin, Richmond. Wm. M. Harrison, Charles City. Cyrus Hall, Ritchie. Thos. W. Garnett, King and Queen. James A. Scott, Richmond. I concur in the preceding recommendation. Approved for publication in the Whig and in Major General Commanding. RICHMOND, VA., April 11, 1865. April 12-Said authority revoked in this telegram from President Lincoln to Major General Weitzel, being the last telegram ever transmitted by the former: OFFICE U. S. MILITARY TELEGRAPH, WAR DEPARTMENT, WASHINGTON, D. C., April 12, 1865. Major General WEITZEL, Richmond, Va.: I have just seen Judge Campbell's letter to you of the 7th. He assumes, as appears to me, that I have called the insurgent Legislature of tive order recognizing the Pierpoint Adminis- June 19-Legislature met. which June 20-Bill passed prescribing means by the third article of the constitution may be repersons who have been disfranchised by stored to the rights of voters. [It provides, substantially, that persons, otherwise qualified as voters, who take the amnesty oath and an oath to uphold the executive government of Virginia, shall be qualified as voters.] June 21-Bill passed submitting to a vote of the people whether the legislature to be chosen at the next election should have power to alter or amend the third article of the constitution, which is in these words: "No person shall vote or hold office under this constitution who has held office under the so-called Confederate government, or under any rebellious State government, or who has been a member of the so-called Confederate Congress, or a member of any State Legislature in rebellion against the authority of the United States, excepting therefrom the county officers." June 23-Legislature adjourned. October 12-Election held for Representatives in Congress. The vote on empowering the Legislature to alter the third article almost unanimously affirmative. December 4-Legislature assembled. A bill passed, providing that all qualified voters heretofore identified with "the rebellion," and not excluded from the amnesty proclamation by President Johnson (with the exception of those embraced in the "$20,000 clause,") can appear before a notary public, or other persons authorized to administer oaths, under the restored Government, and recover the right of suffrage, by taking the amnesty oath of the 29th. of May, 1865, an oath to support the restored Gov. persons, to wit: age, 1. Every white man twenty-one years of a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, and publicly known to have entertained unconditional Union sentiments from the outbreak of the rebellion until the present time; and 2. Every white man, a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, having arrived at the age of twenty-one years since March 4, 1865: Provided, That he has not been engaged in armed rebellion against the authority of the United States voluntarily; and 3. Every white man of lawful age coming from another State, and being a citizen of the United States, on proof of loyalty to the United he may offer his vote six months next preceding States, and being a citizen of the county wherein the day of election; and 4. Every white man, a citizen of the United States and a citizen of this State, who has served as a soldier in the army of the United States, and has been or may be hereafter honorably discharged therefrom; and 5. Every white man of lawful age, a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, who was conscripted by force into the so-called confederate army, and was known to be a Union man, on proof of loyalty to the United States, established by the testimony of two voters under the previous clauses of this section; and 6. Every white man who voted in this State at the presidential election in November, 1864, or voted on the 22d of February, 1865, or voted on the 4th of March, 1865, in this State, and all others who had taken the oath of allegiance" to the United States, and may be known by the judges of election to have been true friends to the Government of the United States, and would have voted in said previously mentioned elections if the same had been holden within their reach shall be entitled to the privileges of the elective franchise. SEC. 2. That all persons who are or shall have been civil or diplomatic officers or agents of the so-called Confederate States of America, or who have left judicial stations under the United States or the State of Tennessee to aid, in any way, the existing or recent rebellion against the authority of the United States, or who are or shall have been military or naval officers of the so-called Confederate States, above the rank of captain in the army or lieutenant in the navy; or who have left seats in the United States Congress or seats in the Legislature of the State of Tennessee, to aid in said rebellion, or have resigned commissions in the army or navy of the United States, and afterward have voluntarily given aid to said rebellion; or persons who have fully, as prisoners of war, persons found in the been engaged in treating otherwise than lawUnited States service as officers, soldiers, seainen, been or are absentees from the United States for or in any other capacities; or persons who have who held pretended offices under the governthe purpose of aiding the rebellion; or persons ment of States in insurrection against the United States; or persons who left their homes within the jurisdiction and protection of the United tional forces and passed beyond the Federal milStates, or fled before the approach of the na itary lines into the so-called Confederate States, for the purpose of aiding the rebellion, shall be denied and refused the privilege of the elective franchise in this State for the term of fifteen years from and after the passage of this act. SEC. 3. That all other persons, except those mentioned in section one of this act, are hereby of the privilege of the elective franchise in this State for the term of five years from and after the of this act. passage and henceforth excluded and denied the exercise SEC. 4. That all persons embraced in section three of this act, after the expiration of said cuit or chancery court, on proof of loyalty to five years, may be readmitted to the privilege of the elective franchise by petition to the cirthe United States, in open court, upon the testimony of two or more loyal citizens of the United States. July 15-President Johnson sent this telegram: To Governor W. G. Brownlow: I hope, as I have no doubt you will see, that the laws passed by the last Legislature are faithfully executed, and that all illegal voters in the approaching election be kept from the polls, and that the election of members of Congress be conducted fairly. Whenever it becomes necessary for the execution of the law and the proteotion of the ballot-box, you will call upon General Thomas for sufficient military force to sustain the civil authority of the State. I have just read your address, which I most heartily endorse. ANDREW JOHNSON, President U. S. A. 1866, April 12-An amendment to the franchise act passed the House, 41 to 15. May 3 The Senate passed it, 13 to 6. Its principal provisions are: SEC. 1. That every white male inhabitant of this State of the age of twenty-one years, a citizen of the United States and a resident of the county wherein he may offer his vote six months next preceding the day of election, shall be enti tled to the privilege of the elective franchise, insurrection against the United States with intent subject to the following exceptions and disqualifications, to wit: First. Said voter shall have never borne arms against the Government of the United States for the purpose of aiding the late rebellion, nor have voluntarily given aid, comfort, countenance, counsel, or encouragement to any rebellion against the authority of the United States Governiment, nor aided, countenanced, or encouraged acts of hostility thereto. Second. That said voter shall have never sought, or voluntarily accepted, any office, civil or military, or attempted to exercise the functions of any office, civil or military, under the authority or pretended authority of the so-called Confederate States of America, or of any insurrectionary State whatever, hostile or opposed to the authority of the United States Government, with the intent and desire to aid said rebellion or insurrectionary authority. to aid the rebellion, or who ever held office in the State of Tennessee of legislative, judicial, or executive character, under an oath to support the constitution of the State of Tennessee, and who violated said oath, and gave voluntary aid or countenance to the rebellion, that each and all be excluded from all offices, State, county, or municipal. It also provides that any qualified voter shall not be excluded from office by the provisions of this bill, as amended. May -The Senate rejected a suffrage bill, 16 to 5, which proposed to allow all blacks and whites of legal age to vote, and exclude all, after 1875, who cannot read. May 28 The Legislature adjourned until November 28. TEXAS. 1865, June 17-Andrew J. Hamilton appointed Provisional Governor. Third. That said voter shall have never voluntarily supported any pretended government, 1866, March -Convention met. power, or authority hostile or inimical to the au- April 2-Convention adjourned. The Conthority of the United States, by contributions in stitution to be voted on, June 5. It abolishes money or property, by persuasion or influence, slavery, and annuls the Secession Ordinance. or in any other way whatever: Provided, That The war debt has been repudiated. Five years the foregoing restrictions and disqualifications residence required for eligibility to the Legislashall not apply to any white citizen who may ture. White population is the basis of reprehave served in and been honorably discharged sentation for State purposes. An ordinance from the army or navy of the United States passed exempting all persons who, under ausince the 1st day of January, 1862, nor to those thority of civil or military power, had inflicted who voted in the Presidential election in No-injury upon persons during the war, from acvember, 1864, or voted in the election for "rati-countability therefor. ication or rejection" in February, 1865, or voted in the election held on the 4th day of March of the same year for Governor and members of the ARKANSAS. EXECUTIVE OFFICE, WASHINGTON, D. C.. 1865, October 30-President Johnson sent Legislature, nor to those who have been appointed this telegram to Governor Isaac Murphy, to any civil or military office by Andrew John- elected Governor under the free State organison, Military Governor, or William G. Brown-zation formerly made. low, Governor of Tennessee, all of whom are hereby declared to be qualified voters upon their complying with the requirements of this act: Provided, That this latter clause shall not apply to any commission issued upon any election which may have been held. SEC. 2. That the Governor of the State shall, within sixty days after the passage of this act, appoint a commissioner of registration for each and every county in the State, who shall, without delay, enter upon the discharge of his duties, and who shall have full power to administer the necessary oaths provided by this act. To Gov. MURPHY, Little Rock, Arkansas: ANDREW JOHNSON, Pres't of the U. S. LOUISIANA. There was no interference with the State organization formerly made. 1865, November J. M. Wells was elected Governor, and Albert Voorhis, Lieut. Governor November 23-Legislature met in extra session again, under proclamation of the Governor. December 22-Legislature adjourned. May 19-A bill was passed to disqualify certain persons from holding office, civil or military. It excludes those persons who held civil or diplomatic offices, or were agents of the so called Confederate States, or who left judicial stations under the United States, or the State of Tennessee, to aid the rebellion, or who were military or naval officers of the so-called Confederate States, above the rank of captain in the army, 1866, March -J. T. Monroe elected mayor of or lieutenant in the navy, or who left seats in New Orleans, and James O. Nixon an alderman. the United States Congress, or seats in the Legis- March 19-General Canby issued an order lature of the State of Tennessee, to aid the rebel-suspending them from the exercise of any of the lion, or who resigned commissions in the army or navy of the United States and afterward gave voluntary aid to the rebellion, or who absented themselves from the State of Tennessee to give such aid, or who held offices under the States in functions of these offices until the pleasure of the President he made known--as they come within the excepted class of the President's proclamation. They were subsequently pardonel, on application, and took the offices. IV. LEGISLATION RESPECTING FREEDMEN. NORTH CAROLINA. the value of ten dollars or more, and all contracts 1866, March 10-The act "concerning negroes, executed or executory between such persons for and persons of color, or of mixed blood," passed the payment of money of the value of ten dolby the Legislature, declares that "negrocs and lars or more, shall be void as to all persons whattheir issue, even where one ancestor in each suc-ever, unless the same be put in writing and ceeding generation to the fourth inclusive, is signed by the vendors or debtors, and witnessed white, shall be deemed persons of color." It by a white person who can read and write. gives them all the privileges of white persons Marriage between white persons and persons before the courts in the mode of prosecuting, de- of color shall be void; and every person aufending, continuing, removing, and transferring thorized to solemnize the rites of matrimony, their suits at law and in equity, and makes them who shall knowingly solemnize the same between eligible as witnesses, when not otherwise incom- such persons, and every clerk of a court who petent, in "all controversies at law and in equity shall knowingly issue license for their marriage, where the rights of persons or property of per- shall be deemed guilty of a misdemeanor, and, sons of color shall be put in issue, and would be moreover, shall pay a penalty of five hundred concluded by the judgment or decree of court; dollars to any person suing for the same. and also in pleas of the State, where the violence, fraud, or injury alleged shall be charged to have been done by or to persons of color. In all other civil and criminal cases such evidence shall be deemed inadmissible, unless by consent of the parties of record: Provided, That this section shall not go into effect until jurisdiction in matters relating to freedmen shall be fully committed to the courts of this State: Provided further, That no person shall be deemed incompetent to bear testimony in such cases, because of being a party to the record or in interest." MISSISSIPPI. An Act to regulate the Relation of Master and Apprentice relative to Freedmen, Free Negroes, and Mulattoes, November 22, 1865. SEC. 1 provides that it shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State to report to the probate courts of their respective counties semi-annually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, under the age of eighteen, within their respective counties, beats, or districts, who are orphans, or whose parent or parents have not the means, or who refuse to provide for and support said minors, and thereupon it shall be the duty of said probate court to order the clerk of said court to apprentice said minors to some competent and suitable person, on such terms as the court may direct, having a particular care to the interest of said minors: Provided, That the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a suitable person for that purpose. The criminal laws of the State are extended in their operation to embrace persons of color, and the same punishment is inflicted on them as on the whites, except for rape, which, if a white female is the victim, is a capital crime for a black. The law regarding apprentices is so amended as to make its provisions applicable to blacks, but it gives the former masters the preference, and declares that they should be regarded as the most suitable persons. Provision is also made for legalizing the marriages of the blacks contracted during slavery, and for punishment of illicit cohabitation. All which is modified by a proviso that the act shall not take effect until SEC. 2 provides that the said court shall be after the Freedmen's Bureau is removed. Where fully satisfied that the person or persons to whom men and women, lately slaves, now cohabit to said minor shall be apprenticed shall be a suitagether in the relation of husband and wife, they ble person to have the charge and care of said shall be deemed to have been lawfully married minor, and fully to protect the interest of said at the time of the commencement of such cohabi-minor: Provided, That said apprentice shall tation; and they are required to go before the clerk of the county court, acknowledge the cohabitation, of which record shall be made, and shall be prima facie evidence of the statements made. All contracts between any persons whatever, whereof one or more of them shall be a person of color, for the sale or purchase of any horse, mule, ass, jennet, neat cattle, hog, sheep, or goat, whatever may be the value of such articles, and all contracts between such persons for any ether article or articles of property whatever of be bound by indenture, in case of males until they are twenty-one years old, and in case of females until they are eighteen years old. SEC. 3 provides that in the management and control of said apprentices said master or mistress shall have power to inflict such moderate corporeal chastisement as a father or guardian is allowed to inflict on his or her child or ward at common law: Provided, That in no case shall cruel or inhuman punishment be inflicted. SEC. 4 provides that if any apprentice shall leave the employment of his or her master cr SEC. 3 gives all justices of the peace, mayors, and aldermen jurisdiction to try all questions of vagrancy, and it is made their duty to arrest parties violating any provisions of this act, investigate the charges, and, on conviction, punish as provided. It is made the duty of all sheriffs, constables, town constables, city marshals, and all like officers, to report to some officer having jurisdiction all violations of any of the provisions of this act, and it is made the duty of the county courts to inquire if any officer has neglected any of these duties, and if guilty to fine him not exceeding $100, to be paid into the county treasury. mistress, without his or her consent, said mas-prisoned, at the discretion of the court, the ter or mistress may pursue and recapture said free negro not exceeding ten days, and the white apprentice, and bring him or her before any man not exceeding six months. justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress; and in the event of a refusal on the part of said apprentice so to return, then said justice shall commit said apprentice to the jail of said county, on failure to give bond, until the next term of the county court; and it shall be the duty of said court, at he first term thereafter, to investigate said case, and if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to be punished, as provided for the punishment of hired freedmen, as may be from time to time provided for by law for desertion, SEC. 5 provides that all fines and forfeitures until he or she shall agree to return to his or collected under the provisions of this act shall aer master or mistress: Provided, That the be paid into the county treasury for general court may grant continuances, as in other cases: county purposes, and in case any freedman, free And provided further, That if the court shall negro or mulatto, shall fail for five days after believe that said apprentice had good cause to the imposition of any fine or forfeiture upon quit his said master or mistress, the court shall him or her, for violation of any of the provisdischarge said apprentice from said indenture, ions of this act to pay the same, that it shall be, and also enter a judgment against the master or and is hereby made, the duty of the sheriff of mistress, for not more than one hundred dol- the proper county to hire out said freedman, lars, for the use and benefit of said apprentice, free negro or mulatto, to any person who will, to be collected on execution, as in other cases. for the shortest period of service, pay said SEC. 5 provides that if any person entice away fine or forfeiture and all costs: Provided, A prefany apprentice from his or her master or mis-erence shall be given to the employer, if there uress, or shall knowingly employ an apprentice, or furnish him or her food or clothing, without the written consent of his or her master or mistress, or shall sell or give said apprentice ardent spirits without such consent, said person so of fending shall be deemed guilty of a high misdemeanor, and shall on conviction thereof before the county court, be punished as provided for the punishment of persons enticing from their employer hired freedmen, free negroes, or mulattoes. SEC. 6 makes it the duty of all civil officers to report any minors within their respective counties to said probate court for apprenticeship. SEC. 9 provides that it shall be lawful for any freedman, free negro, or mulatto, having a minor child or children, to apprentice the said minor child or children as provided for by this act. SEC. 10 provides that in all cases where the age of the freedman, free negro, or mulatto cannot be ascertained by record testimony, the judge of the county court shall fix the age. be one, in which case the employer shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free negro or mulatto, then due or to become due; and in case such freedman, free negro or mulatto cannot be hired out, he or she may be dealt with as a pauper. SEC. 6 provides that the same duties and liabilities existing among white persons of this State shall attach to freedmen, free negroes and mulattoes, to support their indigent families and all colored paupers; and that in order to secure a support for such indigent freedmen, free negroes and mulattoes, it shall be lawful, and it is hereby made the duty of the boards of county police of each county in this State, to levy a poll or capitation tax on each and every freedman, free negro or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of one dollar annually to each person so taxed, which tax when collected shall be paid into the county treasurer's hands, and constitute a fund to be called the freedmen's pauper fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes and mulattoes, of this State, under such regulations as may be established by the boards of the county police in the respective counties of this State. The Vagrant Act, November 24, 1865. SEC. 1 defines who are vagrants. SEC 2 provides that all freedmen, free negroes, and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully SEC. 7 provides that if any freedman, free assembling themselves together, either in the negro or. mulatto shall fail or refuse to pay day or night time, and all white persons so any tax levied according to the provisions of assembling with freedmen, free negroes, or mu the sixth section of this act, it shall be prima attoes, or usually associating with freedmen,facie evidence of vagrancy, and it shall be the free negroes, or mulattoes on terms of equality, duty of the sheriff to arrest such freedman, free or living in adultery or fornication with a freed- negro or mulatto, or such persons refusing or woman, free negro, or mulatto, shall be deemed neglecting to pay such tax, and proceed at once vagrants, and on conviction thereof shall be to hire, for the shortest time, such delinquent fined in the sum of not exceeding, in the case of tax payer to any one who will pay the said tax, a freedman, free negro or mulatto, fifty dollars, with the accruing costs, giving preference to the and a white man two hundred dollars and im-employer, if there be one. |