GENERAL SCHENCK'S MODIFICATION OF THE [General Orders No. 55.] HEADQUARTERS, MIDDLE DEPARTMENT, BALTIMORE, MARYLAND. November 2, 1863. Paragraph I, of General Orders No. 53, from these headquarters, is mòlified so as to read as follows: 1. That all provost marshals and other military officers do prevent all disturbanco and violence at or about the polls, whether offered by such persons as above described, or by any other person, or persons, whomsoever. By command of Major General Schenck: WILLIAM H. CHESEBROUGH, Lieutenant Colonel and Assistant Adjutant General. November 3-General Schenck issued this address, in reply to the proclamation of Governor Bradford: HEADQUARTERS MIDDLE DEPARTMENT, STH ARMY CORPS, or permit any unlawful violence. They must not enter into political discussions, and are to remember, that while protecting the polls from rebel sympathizers, they are conservators of the peace, and are there to support the judges of election." Even Governor Bradford could scarcely ob ject to this. I now repeat to the provost guards that instruction, and enjoin upon them, that while they enforce the observance of the general order firmly and faithfully, as directed, they do it in every respect discreetly and tem perately. I append copies of the President's letter, and of the general order, as modified. ROBERT C. SCHENCK, Major General Commanding. LIEUTENANT COLONEL TEVIS'S ORDER AT CHESTERTOWN. HEADQUARTERS THIRD MARYLAND CAVALRY, CHESTERTOWN, November 3, 1863. Whereas the President of the United States, in reply to a letter addressed to him by Hon. Thomas Swann, of Baltimore city, has stated that all loyal qualified voters should have a right to vote, it therefore becomes every truly loyal A very extraordinary proclamation was issued last evencitizen to avail himself of the present opportunity offered ing by his Excellency A. W. Bradford, Governor of Mary- to place himself honorably upon the record or poll-book at land, in relation to General Order No. 53, from these head- the approaching election, by giving a full and ardent supquarters. I will not presume, with my knowledge of Gov-port to the whole Government ticket, upon the platform erner Bradford, that that proclamation was designed to adopted by the Union League convention. None other is produce collision between the military power and the citi- recognized by the Federal authorities as loyal or worthy of zens who may be assembled at the polls to vote at the the support of any one who desires the peace and restora election to-morrow; but I cannot doubt that its obvious tion of this Union. tendency is to invite and suggest such disturbance. When that proclamation came to my knowledge, late last night, I felt it my duty to take measures for restricting, as far as possible, its circulation in those parts of the State to be most affected by it, until there could go out with it the letter of the President of the United States on the subject, written yesterday to Governor Bradford, a copy of which I have now obtained. I will make, for myself, but one or two comments on the proclamation. The intimation of the Governor that my order might have been prompted by some other consideration than patriotic purpose or official duty, is unworthy of reply, and unworthy of him. He knows, and the people of Maryland and of this military department know, how single and earnest and constant has been my aim to avoid all side influences, and to keep in view, and act steadily upon, the idea of maintaining the just authority of the national Government against disloyalty in all its forms, and for the general good only. It was in this spirit that I issued the general order in question. Its principal purpose is to prevent traitorous prons from controling, in any degree, by their votes, or taking part in the coming election. The order is not aimed at candidates, either individually or as a class, as the Governor would presume. Neither is it aimed at, nor can it by any proper interpretation in any way interfere with the rights of loyal voters. It is only framed and intended to exclude from a voice in the election of those who are to administer the affairs either of the national Government or of this loyal State such individuals as are hostile to that Government of which Maryland is a part. Will any good citizen pretend that the exclusion of such persons is not a wise and wholesome protection, due to those who adhere to and sustain the Constitution and lawful authority? And it is clearly not a hardship, to be complained of by the individual challenged for such disqualification, when he is permitted to purge himself by his own oath of allegiance to the Government, in the management of which he claims a share. Governor Bradford himself cannot appreciate more highly than I do, the sterling loyalty of the great majority of the people of Maryland, but he must know, as I do, that there still remains at large, from forbearance of the Government anthorities, a very considerable number who are more or less actively engaged in aiding and encouraging rebels in arms. Even in his proclamation he admits the existence of such prevailing disloyalty in the counties of at least one of the congressional districts. But my general order was only put forth after the receipt, through all the last month, of a great number of let ters, petitions, and appeals in person, from respectable and loyal citizens, throughout the southern part of the State particularly, on both sides of the bay, imploring the issue of such an order. I have only failed in complying with this request by making its provisions less stringent than Justice and fairness to loyal citizens seemed to them to deI will add only, to show with what anxiety I have sought, on this occasion, to secure peace and good order at the polls, that officers intrusted with this duty have, in every instance, been furnished with written or printed instructions, mand. of which the following is one clause: The officers and men are to be cautioned not to commit CHARLES CARROLL TEVIS, This order was at once suppressed by General Schenck, and Colonel Tevis ordered under arrest. November 6, he made a statement of his action, and requested to be released from arrest and restored to his command, which was granted November 9, as stated in the subjoined order: HEADQUARTERS MIDDLE DEPARTMENT, 8TH ARMY CORPS, BALTIMORE, MARYLAND, November 9, 1863. The within explanation and report having been submitted with permission by Colonel Tevis, under arrest and restored to duty The general commanding remarks that Colonel Tevis appears to have acted himself in good faith and from a sense of duty, but to have been misled by the bad course and instructions of Captain Frazier, provost marshal of the first congressional district of Maryland, who framed the order issued by him, and perhaps also by the mistaken advice of other over-zealous persons. But Colonel Tevis hould have understood that the whole scope and purpose of the General Orders 53 and 55, and of accompanying instructions, was to prevent disloyal persons from voting and to suppress dis turbances at the polls. The only test of loyalty prescribed 53. No directions were given to interfere with candidates, was the oath of allegiance embodied in General Order No. as such, nor with the voters because of their supporting any particular ticket, nor was any such interference contemplated or intended to be sanctioned by the general commanding. The idea of a "Government ticket" was only with Colonel Tevis or the provost marshal, Frazier, and other indiscreet or bad advisers, and was not put forth from these headquarters. Colonel Tevis's printed order was therefore wholly unauthorized and wrong. dorsement be furnished to Colonel Tevis, and also that a The general cominanding directs that a copy of this incopy of the same be sent, duly certified, to Major H. L. Jeffries, assistant provost marshal general for the States of Maryland and Delaware. By command of Major General Schenck: W. H. CHESEBROUGH, Lieut. Col. and Assistant Adjutant General, ELECTION OF 1864. Pending the constitutional convention election in Maryland, April 6, 1864, Major General Lewis Wallace and Gov. Bradford had a correspondence as to the oath prescribed by law to to be administered to the delegates chosen, and the power possessed by the judges of election to investigate and decide upon a charge of disloyalty as affecting the right to vote. The Governor recited the law, and the duties of the judges, and the penalties for non-perform ance, and expressed the opinion that the laws, if faithfully executed, as he hoped they would be, would be found "entirely sufficient to exclude disloyal voters from the polls." Delaware. An act to secure the freedom of elections in this State. Whereas the Constitution of this State declares that "all elections shall be free and equal," and whereas the freedom of elections and the free enjoyment of the right of suffrage according to the Constitution and laws of the State are essential to the enjoyment of public liberty; and whereas, evil disposed persons did cause armed soldiers to be brought into this State and to be present at different voting places in the State on the day of the last general election, and a free election was thereby prevented; and whereas, it is proper that a repetition of so grave an offence against the peace and dignity of the State shall be prevented: Therefore fend the Constitution and Government of the United States hereby pledge my allegiance, faith, and loyalty to the same against all enemies, whether domestic or foreign; that I any ordinance, resolution, or law of any State convention or State legislature to the contrary notwithstanding; that I will at all times yield a hearty and willing obedience to the said Constitution and Government, and will not, directly or indirectly, do any act in hostility to the same, either by taking up arms against them, or aiding, abetting, or countenancing those in arms against them; that, without permission from the lawful authority, I will have no communication, direct or indirect, with the States in insurre tion against the United States, or with either of them, or with any person or persons within said insurrectionary States; and that I will in all things report myself as a good and loyal citizen of the United States. This I do in good faith, with full determination, pledge, and purpose to keep this, my sworn obligation, and without any mental reservation or evasion whatsoever. III. Provost marshals and other military officers are di rected to report to these headquarters any judge of election who shall refuse his aid in carrying out this order, or who, on challenge of a vote being made on the ground of disloyalty or hostility to the Government, shall refuse to require the oath of allegiance from such voter. By command of Major General Schenck: W. H. CHESEBROUGH, Lieut. Col. and Asst. Adj. Gen. SECTION 1. Be it enacted, dc., That if any person, being a citizen or inhabitant of this State, shall send or cause to be sent, bring or cause to be brought, into this State, or shall aid, abet, procure, advise, counsel, or in any manner assist in sending or bringing into this State any armed soldier or soldiers, to be present at any voting place in this State, or within five miles thereof, on the day of any general, special, or other election hereafter to be holden in this State, or shall aid, abet, procure, advise, counsel, or in any manner assist the presence or attendance of any armed soldier or GOVERNOR CANNON'S PROCLAMATION ON THE FOREGOING ORDER soldiers at any such voting place, or within five miles thereof, on any such election day, every person so offending shall be guilty of felony, and upon conviction thereof by indictment, shall forfeit and pay to the State a fine not less than one thousand dollars and not more than ten thousand dollars, and shall be imprisoned for a term not less than one nor more than five years, and shall forever thereafter be incapable of exercising the right of suffrage in this State. STATE OF DELAWARE, EXECUTIVE DEPARTMENT, All civil officers and good citizens of this State are enjoined to obey the above military order, issued by the com manding general of the Middle department, and to give all needful aid for the proper enforcement of the same. WILLIAM CANNON, Governor of Delaware. GENERAL TYLER'S ORDER. SEC. 2. That if any person, being a citizen or inhabitant of this State, shall aid, abet, procure, advise, counsel, or in any manner assist or be guilty of military interference in any manner with the freedom of any election in this State, every person so offending shall be guilty of felony, and upon conviction thereof by indictment shall forfeit and pay to the State a fine of not less than one thousand dolfars nor more than ten thousand dollars, and shall be imprisoned for a term not less than one nor more than five years, and shall forever thereafter be incapable of exercis-election to be held on the 19th instant: ing the right of suffrage in this State. SEC. 3. That if any inspector, presiding officer, or judge of any election in this State, or any other person, shall administer or cause to be administered to any legal voter in this State, any oath or affirmation not authorized by the Constitution and laws of this State for that purpose, as a pre-requisite or condition of voting at any election in this State, except when such oath or affirmation shall be administered in order to satisfy such inspector, presiding officer, or judge, that such vote is a legal vote according to the Constitution and laws of this State, such inspector, presiding officer, judge, or other person so offending, shall be guilty of a misdemeanor, and upon conviction thereof by indictment shall, for every such offence forfeit and pay to the State a fine of not less than five hundred dollars and not more than one thousand dollars, and shall be imprisoned for a term of ten days. Passed at Dover, March 25, 1863. GENERAL SCHENCK'S ORder. HEADQUARTERS MIDDLE DEPARTMENT, 8TH ARMY CORPS, BALTIMORE, MD., November 13, 1863. [General Orders No. 59.) It is known that there are many evil disposed persons now at large in the State of Delaware, who have been engaged in rebellion against the lawful Government, or have given aid or comfort or encouragement to others so engaged, or who do not recognize their allegiance to the United States, and who may avail themselves of the indulgence of the authority which tolerates their presence to attempt to take part in or embarrass the approaching special election in that State. It is therefore ordered: I. That all provost marshals and other military officers do prevent all disturbance and violence at or about the polls, whether offered by such persons as above described, or by any other person or persons whomsover. II. That all provost marshals and other military officers commanding in Delaware, shall support the judges of election on the 19th of November, 1863, in requiring an oath of allegiance to the United States, as a test of citizenship of any one whose vote may be challenged on the ground that he is not loyal or does not admit his allegiance to the United States, which oath shall be in the following form and terms: I do solemnly swear that I will support, protect, and de WILMINGTON, DELAWARE, Nov. 15, 1863. The following instructions have been received from the General Commanding, and will be strictly and carefully observed by all detachments of officers and soldiers within the "District of Delaware," while carrying out the provis ions of Department General Orders No. 59, during the Every officer or non-commissioned officer in command of a detachment will be held strictly accountable for the good conduct and obedience of the men in his charge. Officers and soldiers must be strictly sober, and, while preventing disturbance by others, must avoid all distur bance themselves, and are required not to hang around the polls, or engage in political discussions. It will be borne in mind that the whole object of the order of the Commanding General is to preserve peace at the places of voting, to sustain the judges or inspectors of election, to protect loyal voters, and to prevent from voting disloyal and traitorously disposed persons, who refuse to take the oath of allegiance. vent violence and disturbance at the polls, care will be In enforcing Paragraph I, of the General Order, to pre taken that disloyal citizens of other States do not, as it is apprehended they will attempt to do, intrude themselves at the places of voting, and endeavor to intimidate the lawful and loyal voters of Delaware. DANIEL TYLER, Brigadier General Commanding. Kentucky. 1863, March 11-The Legislature passed this bill by a two-thirds vote over the veto of Governor Magoffin: An act to amend chapter 15 of the Revised Statutes, entitled "Citizens, expatriation, and aliens." SEC. 1. Be it enacted, dc., That any citizen of this State who shall enter into the service of the so-called Confederate States, in either a civil or military capacity, or enter into the service of the so-called provisional government of Kentucky in either a civil or military capacity, or, having heretofore entered such service of either the Confederate States or provisional government, shall continue in such service after this act takes effect, or shall take up and continue in arms against the military forces of the United States or the State of Kentucky, or shall give voluntary aid and assistance to those in arms against said forces, shall be deemed to have expatriated himself, and shall no longer be a citizen of Kentucky, nor shall he again be a citizen, except by pa mission of the Legislature by a general or special statute. MAJOR GENERAL HURLBUT's order. HEADQUARTERS SIXTEENTH ARMY CORPS, MEMPHIS, TENN., July, 1863. I. In so much of the State of Kentucky as is within the district of Columbus, it is ordered 1. That no person be permitted to be a candidate for office who is not avowedly and unconditionally for the Union and the suppression of the rebellion. 2. That no person shall exercise the privilege of an elec unconditionally for the Union and the suppression of the rebellion. 1863, July 10-Governor J. F. Robinson tor and vote at the said elections who is not avowedly and issued this proclamation: COMMONWEALTH OF KENTUCKY, Executive Department. For the information and guidance of all officers at the approaching election, I have caused to be herewith pubbished an act of the Legislature of Kentucky entitled "An act to amend chapter 15 of the Revised Statutes, entitled 'Citizens, expatriation, and aliens."" The strict observance and enforcement of this and all other laws of this State regulating elections are earnestly enjoined and required as being alike due to a faithful discharge of duty, to the purity of the elective franchise, and to the sovereign will of the people of Kentucky expressed through their Legislature. Given under my hand, as Governor of Kentucky, at Frankfort, this 10th day of July, 1863, and in the seventysecond year of the Commonwealth. By the Governor: J. F. ROBINSON. D. C. WICKLIFFE, Secretary of State. July 31-General Burnside issued this order: HEADQUARTERS DEPARTMENT OF THE OHIO, CINCINNATI, OHIO, July 31, 1863. [General Orders No. 120.] Whereas the State of Kentucky is invaded by a rebel force with the avowed intention of overawing the judges of elections, of intimidating the loyal voters, keeping them from the polls, and forcing the election of disloyal candidates at the election on the 3d of August; and whereas the military power of the Government is the only force that can defeat this attempt, the State of Kentucky is hereby declared under martial law, and all military officers are commanded to aid the constituted authorities of the State in support of the laws and of the purity of suffrage as defined in the late proclamation of his Excellency Governor Robinson. As it is not the intention of the commanding general to interfere with the proper expression of public opinion, all discretion in the conduct of the election will be, as usual, in the hands of the legally appointed judges at the polls, who will be held strictly responsible that no disloyal person be allowed to vote, and to this end the military power is ordered to give them its utmost support. The civil authority, civil courts, and business, will not be suspended by this order. It is for the purpose only of protecting, if necessary, the rights of loyal citizens and the freedom of election. By command of Major General Burnside: LEWIS RICHMOND, Assistant Adjutant General. LIEUT. COLONEL THOS. JOHNSon's order. HEADQUARTERS UNITED STATES FORCES, 3. The military authorities in said district of Columbus will see to it that this order be carried out. Judges of election will be governed by the principles herein set forth, and will demand evidence upon oaths in such cases as may be in doubt, and allow no person to exercise the franchise of voting who does not take the oath required. By order of Major General S. A. Hurlbut: HENRY DINMORE, Assistant Adjutant General Judges and clerks of elections are hereby ordered not to place the name of any person upon the poll-books, to be voted for at said election, who is not avowedly and unconditionally for the Union and the suppression of the rebellion, or who may be opposed to furnishing men and money for the suppression of the rebellion. The following oath is prescribed and will be administered by judges of elections to voters and to such candidates as reside within the district: "I do solemnly swear that I have never entered the service of the so-called Confederate States; that I have not been engaged in the service of the so-called 'provisional The county court judges of the counties of Trigg, Cald- government of Kentucky,' either in a civil or military ca well, Lyon, Crittenden, and Livingston, are hereby direct-pacity; that I have never, either directly or indirectly, ed, in appointing judges and clerks for conducting the State elections in August next, to observe strictly the laws of Kentucky, which require that such judges and clerks shall be unconditional Union men. Judges and clerks so appointed are hereby directed not to place the name of any person on the poll-books to be voted for at the said election who is not a Union man, or who may be opposed to furnishing men and money for a rigorous prosecution of the war against the rebellion against the United States Government. The judges and clerks are further directed to permit no person to vote at said election without taking the oath required by the laws of Kentucky, unless said person so presenting himself to vote is personally known to the judges to be a Union man. Any person violating this order will be regarded as an enemy to the Government of the United States, and will be arrested and punished accordingly. By order of THOMAS JOHNSON, Lieutenant Colonel Commanding. The oath prescribed by Lieutenant Colonel Johnson, to be taken by the voters, is in substance similar to the oath attached to the proclamation of General Shackleford. aided the rebellion against the Government of the United States or the State of Kentucky; that I am unconditionally for the Union and the suppression of the rebellion, and am willing to furnish men and money for the vigorous prosecution of the war against the rebellious league known as the 'Confederate States;' so help me God." Any voter, judge, or clerk of electiors, or other person, who may evade, neglect, or refuse compliance with the provisions of this order will be arrested and sent before a mili tary commission as soon as the facts are substantiated. By order of Brigadier General Asboth: T. H. HARRIS, Assistant Adjutant General BRIGADIER GENERAL SHACKLEFORD'S ORDER. HEADQUARTERS FIRST BRIGADE, SECOND DIVISION, TWENTY-THIRD ARMY CORPS, RUSSELLVILLE, KY., July 30, 1863. In order that the proclamation of the Governor and the laws of the State of Kentucky may be observed and enforced, post commandants and officers of this command will see that the following regulations are strictly complied with at the approaching State election: None but loyal citizens will act as officers of the election. No one will be allowed to offer himself as a candidate for office, or be voted for at said election, who is not in all things loyal to the State and Federal Government, and in favor of a vigorous prosecution of the war for the suppression of the rebellion. The judges of election will allow no one to vote at said election unless he is known to them to be an undoubtedly loyal citizen, or unless he shall first take the oath required by the laws of the State of Kentucky. No disloyal man will offer himself as a candidate, or attempt to vote, except for treasonable purposes; and all such efforts will be summarily suppressed by the military authorities. All necessary protection will be supplied and guaranteed at the polls to Union men by all the military force within this command. By order of Brigadier General J. M. Shackleford, commanding: J. E. HUFFMAN, Assistant Adjutant General. Colonel John W. Foster, of the sixty-fifth Indiania regiment, commanding post at Henderson, Kentucky, issued an order similar to the above order of General Shackleford. COLONEL MUNDY'S ORDER. All loyal citizens, who have not forfeited their citizenship, can safely and quietly cast their votes for the candidates of their choice; but all who have forfeited their right of citizenship, under the provisions of the act of Assembly, who shall present themselves at the polls and fraudulently attempt to vote, will be immediately arrested by the guard detailed for that purpose at such precinct, and confined in the military prison. Missouri. Government that all qualified voters shall be allowed, without molestation of any kind, to cast their votes as they please. II. It is required of all officers and men of the enrolled militia that they keep perfect order at the polls on the day of election, and that they see that no person is either kept from the polls by intimidation or in any way interfered with in voting at the polls for whatever candidate he may choose. III. If any officer or private shall either interfere with the rights of voters, or countenance such interference by others, it will be treated as a high military offence, and punished with the utmost rigor. IV. Whenever there is any reason to apprehend any interference with the election on the part of bands of guerrillas, the commanding officer of the nearest regiment will detail a sufficient force to prevent any such interference, and station it where there is apprehended danger. by the civil authorities, any commissioned officer present is V. In case of disturbance arising which cannot be arrested hereby ordered, at the request of any judge, sheriff, or justice of the peace, to use the necessary military force to suppress it. VI. Commanding officers of the enrolled Missouri militia are hereby directed to see that the foregoing orders are strictly obeyed. By order of the commander-in-chief: WILLIAM D. WOOD, Acting Adjutant General Missouri. BRIGADIER GENERAL HALL'S Order. HEADQUARTERS SEVENTH MILITARY DISTRICT, ST. JOSEPH, MISSOURI, November 1, 1862 [General Orders, No. 33.] The attention of all officers and soldiers of the militia of this district is called to General Order No. 45, dated Headquarters State of Missouri, Adjutant General's office, St. 1862, June 12-The convention of Missouri Louis, October 23, 1862," with reference to the election on adopted this ordinance: SEC. 1. No person shall vote at any election to be here after held in this State, under or in pursuance of the constitution and laws thereof, whether State, county, township, or municipal, who shall not, in addition to possessing the qualifications already prescribed for electors, previously take an oath in form as follows, namely: "I, do solemnly swear (or affirm, as the case may be) that I will sup port, protect, and defend the Constitution of the United States and the constitution of the State of Missouri against all enemies and opposers whether domestic or foreign; that I will bear true faith, loyalty, and allegiance to the United States, and will not, directly or indirectly, give aid and comfort, or countenance, to the enemies or opposers thereof, or of the provisional government of the State of Missouri, any ordinance, law, or resolution of any State convention or Legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that I do this with a full and honest determination, pledge, and purpose, faithfully to keep and perform the same, without any mental reservation or evasion whatever. And I do further solemnly swear (or affirm) that I have not, since the 17th day of December, A. D. 1861, wilfully taken up arms or levied war against the United States, or against the provisional government of the State of Missouri: So help me God." CONGRESSIONAL ELECTION OF 1862. [General Orders No. 45.] HEADQUARTERS STATE OF MISSOURI, ADJUTANT GENERAL'S OFFICE, ST. LOUIS, October 23, 1862. I. A general election is to take place throughout the State the first Tuesday in November next. This is the first attempt of the people to choose their officers since the war of the rebellion commenced. It will be an occasion when angry passions, excited by this war, might produce strife, and prevent the full expression of the popu lar will in the selection of officers. The convention has provided by ordinance that every voter shall, before voting, take a prescribed oath, and that no vote shall be counted in favor of any candidate for a State or county office, unless he shall have taken an oath prescribed for candidates. The ordinance of the convention fixes heavy penalties upon those who take the oath falsely. These are the safeguards which the convention has judged necessary to keep unfaithful and disloyal persons from exercising power in the State. They are sufficient. No person must be allowed to interfere with the freedom of those qualified to vote under this ordinance. The enrolled militia being citizens of the State, and very Rearly all entitled by age to vote, will doubtless be generally at places of voting. They are a body organized for the purpose of preventing violations of the law of the State, and they all know that it is essential to the maintenance of our Tuesday next. The military should bear in mind that they are not the judges of the qualifications of voters. That duty is devolved by law on the judge of the election. If those officers either admit improper persons to vote, or exclude proper persons from voting, the statutes of this State provide an ample remedy. The militia will carefully abstain from all acts calculated to interfere with the freedom of election. All officers who interfere with the rights of voters will be reported to the commander-in-chief, to be dealt with as he may decide. All soldiers guilty of the same offence will be punished as a court-martial shall determine. By order of Brigadier General Willard P. Hall: ELWOOD KIRBY, Assistant Adjutant General MAJOR GENERAL SCHOFIELD'S ORDERS OF 1863. HEADQUARTERS DEPARTMENT OF THE MISSOURI, ST. LOUIS, MISSOURI, September 25, 1863, [General Orders No. 101.] The right of the people to peaceably assemble for all law ful purposes, and the right to freely express their will at the polls according to law, are essential to civil liberty. No interference with these rights, either by violence, threats, intimidation, or otherwise, will be tolerated. Any commissioned officer who shall incite or encourage any interference with any lawful assemblage of the people, or who shall fail to do his utmost to prevent such interference, shall be dismissed the service; and any officer, soldier, or civilian, who shall, by violence, threats, or other wise, actually interfere with any such lawful assemblage of the people, shall be punished by imprisonment or otherwise, at the discretion of a court-martial or military com mission. Any officer, soldier, or civilian, who shall attempt to intimidate any qualified voter in the exercise of his right to vote, or who shall attempt to prevent any qualified voter from going to the polls or voting, shall be punished by imprisonment or otherwise, at the discretion of a courtmartial or military commission. Special attention is called to the fifth article of war, which will be applied to commissioned officers of Missouri militia not in active service, as well as to officers and soldiers in active service. By command of Major General Schofield: C. W. MARSH, Assistant Adjutant General HEADQUARTERS Department of THE MISSOURL ST. LOUIS, October 20, 1863. [General Orders No. 120.] Judges of elections of the various precincts in Missouri are notified that they will be held responsible that at the election on the 3d of November next, those persons, and only those, be permitted to vote who are entitled to do so by the laws of the State; and especially that the ordinance of the State convention, adopted June 10, 1862, and pub-pathizers with the rebellion and of those opposed to furlished herewith, be enforced in every case. nishing any more men or any more money to maintain the Federal Government and suppress the rebellion will be first seized and impressed. It is the duty of judges of election at each precinct in the State to see that every person qualified by the constitution and laws of the State shall be permitted to exercise the elective franchise without let or hindrance; and it is equaly their duty to see that those who are not qualified under the constitution and laws, or who refuse to qualify according to the terms of the annexed ordinance, shall not be allowed to vote; and any action on their part excluding qualified voters from the polls, or admitting those who are not qualified as stated, will be punished as a military offence. 3. The negroes of loyal citizens will not be impressed on the public works and military roads unless absolutely necessary. The negroes of citizens who are for no more men and no more, money to suppress the rebellion, and the supporters, aiders, and abettors of such, will be first impressed, and officers detailed for this purpose are required strictly to observe this order in the execution of their duties. 4. All horses of the enemy captured or subject to capture will be taken possession of by quartermasters and reported to Captain Jenkins, chief quartermaster, Louisville, who is ordered to allow loyal citizens to retain horses to supply the places of those stolen by the enemy; but disloyal per. Any person who has borne arms against the Government of the United States, or voluntarily given aid and comfort to its enemies during the present rebellion, and who shall presume to act as judge or clerk at said election, and any County judge who shall knowingly appoint any such persons mentioned in paragraphs two and three, who encourage son as above described to act as judge at said election, will be deemed guilty of violation of military orders, and upon conviction thereof, will be punished accordingly. In those parts of the State where there is danger of interference by guerrilla bands, or by combinations of persons intended to overawe or intimidate legal voters, district commanders will so dispose their troops as will most certainly prevent such interference. Where no such protection may be deemed necessary, all troops will absent themselves from the polls entirely; and in all cases when ordered by the district commanders to be present, their action will be strictly confined to the suppression of violence and removing the interference above named, to the end that the laws may be enforced and the purity of the ballot-box maintained. Under the pretext of guarding against violence at the polls, no officer or soldier will be permitted to interfere with the peaceful and legal expression of public sentiment, and no officer will be excused for a willful failure to remove any interference intended to prevent such expression. District commanders will designate, on the day previous to the election, those counties in their respective districts in which such protection may be deemed necessary, and cause their troops to be disposed accordingly. Any willful violation of this order will be promptly pun ished as a military offence. Missouri troops will vote at the company polls, opened for that purpose at the headquarters of their posts, camps, State convention, passed June 12, 1862, and at no other place. or detachments, in accordance with the ordinance of the Special attention is directed to General Orders No. 101 from these headquarters, dated September 28, 1863, and its observance strictly enjoined upon all in Missouri. By command of Major General Schofield: O. D. GREENE, Assistant Adjutant General. raids by the enemy, will not in any case be allowed to retain captured horses or horses justly subject to capture. 5. For all property seized or impressed proper and regular vouchers will be given, with indorsement as to the loyalty or disloyalty of the owners of the property. By order of Brigadier General Boyle: A. Č. SEMPLE, A. A. G. Action of Congress. First Session, Thirty-Eighth Congress. TO PREVENT OFFICERS OF THE ARMY AND NAVY FROM INTERFERING IN ELECTIONS. IN SENATE. 1864, January 5-Mr. PowELL brought in a bill to prevent officers of the army and navy, and other persons engaged in the military service, from interfering in elections in the States; which was ordered to be printed. to the Committee on the Judiciary; which was January 6-Mr. POWELL moved it be referred lost-yeas 16, (Messrs. Buckalew, Carlile, Cowan, Davis, Harding, Hendricks, Hicks, Johnson, Lane of Indiana, Nesmith, Powell, Saulsbury, Sherman, Sprague, Van Winkle, Willey,) nays 21. It was then referred to the Military Committee. January 16-The Senate adopted this resolution: Resolved, That the Secretary of War be directed to transmit to the Senate all orders or proclamations, in his depart Orders Respecting Impressments of ment, concerning elections issued by military authority in Property. MAJOR GENERAL HARTSUFf's order. HEADQUARTERS TWENTY-THIRD ARMY CORPS, LEXINGTON, KENTUCKY, July 24, 1863. For the information and guidance of officers in impressing property, it is hereby directed that, whenever its impressment may become necessary for the troops of the twentythird army corps, it will be taken exclusively from rebels and rebel sympathizers; and so long as the property needed is to be found belonging or pertaining to either of the above-named classes, no man of undoubted loyalty will be molested. Among rebel sympathizers will be classed those persons In Kentucky, nominally Union men, but opposed to the Government and to the prosecution of the war, whose acts and words alike hinder the speedy and proper termination of the rebellion. Property will only be taken by the proper staff officers, who will in every case give receipts for it. Appropriate blank receipts will be furnished by the chief commissary and chief quartermaster at these headquarters. By command of Major General Hartsuff: GEORGE B. DRAKE, A. A. G. BRIGADIER GENERAL BOYLE's order. HEADQUARTERS DISTRICT OF KENTUCKY, LOUISVILLE, July 25, 1863. By authority of the general commanding the department, the following general order is made: 1. It is ordered that no forage or other property belonging to loyal citizens in the State of Kentucky be seized or Impressed except in cases of absolute necessity, and then only on the written authority from the headquarters of the twenty-third army corps or from these headquarters. 2 Whenever it becomes necessary to seize or impress private property for military purposes, the property of sym the States of Kentucky, Missouri, Maryland, and Delaware. February 12-Mr. HOWARD, of Michigan, made an adverse report upon the bill. June 22-The bill was amended so as to read as follows: Be it enacted, &c., That it shall not be lawful for any mil itary officer of the United States, or any person engaged in the civil, military, or naval service of the United States, to order, bring, keep, or have under his authority or control, any troops or armed men within one mile of the place where any general or special election is held in any State of the United States of America, unless it shall be necessary to repel the armed enemies of the United States or to keep the peace at the polls. And that it shall not be lawful for any oflicer of the army or navy of the United States to prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State of the United States of America, or in any manner to interfere with the freedom of any election in any State, or with the exer cise of the free right of suffrage in any State of the United States. Any officer of the army or navy of the United States, or other person engaged in the civil, military, or naval ser vice of the United States, who violates this section of this act, shall, for every such offence, be liable to indictment as for a misdemeanor, in any court of the United States having jurisdiction to hear, try, and determine cases of misdemeanor, and on conviction thereof shall pay a fine not exceeding $5,000, and suffer imprisonment in the penitentiary not less than three months nor more than five years, at the discretion of the court trying the same; and any person convicted as aforesaid shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States: Provided, That nothing herein contained shall be so construed as to prevent any officer, soldier, sailor, or marine from exercising the right |