The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1868-07-11
OFFICIAL.
headquarters Second Military District,
CHARLESTON, 8. c., July 1868.

CHARLESTON, s. c., July 1868.
GENERAL ORDERS, |
NO 131.
In view of the approaching termination of the
IhllltarY authority derived and exercised by yir-
tue OF the Act of Congress passed March .
1907, entitled IAN Act to provide for the more
eihcient government OF the rebel States" and
inc Acts supplementary thereto, which laws are
ABOUT to become imperative by reason of the full
flment OF the conditions and limitations pre
scrbed by the provisions thereof: And the State
OF North Carolina having by its Legislature rat
lhed the constitutional amendment KNOWN as
Article Fourteen, the following instructions are
promulgated for the information aud guidance of
the officers of this command serving in the said
State:
1. Upon the issue of the proclamation of the
President Of the United States prescribed by
Section ofthe Act of June 25 1868, announcing
the ratification OF the said constitutional amend,
ment, the Commanding officers of Posts in said
State will cease TO exercise any and all authority
conferred under said reconstruction Acts of Con-
gress, except so far as necessary for the inaugu-
ration ofthe new State government and to close
up unfinished business.
3. The terms of Office and all official functions
Of Registrars. Inspectors, Managers or Judges of
Election, Military Commissioners, or other mil
1tary agents in North Carolina, appointed under
the authority of the reconstruction laws of the
Qni.ed states, will end at the date of the procla-
nation of the President, referred to in the pre-
cedlng section, and all such officers or agents
Will, without delay, forward to these Headquar-
tiers, any books or records relating to their Off
III.
will also transmit list OF the property purchased
with public funds, and exhibit the disposition
made of it.
3. The Provost Courts now existing in North
Carolina are abolished, and the records will be
transmitted without delay to these Headnuar-
tiers.
4. The tenure of all appointees to civil office
in the State of North Carolina nnder the author
ity of the reconstruction laws of the United
States will terminate when their successors
elected or appointed under the Constitution and
laws of the said State, shall he duly qualified
5. All citizens who at the date of the procla-
nation above referred to, may be in the custody
of the mitarr authorities, and held for trial for
acts in violation of the reconstruction laws of
the United States, or in violation of military
orders issued under the authority of the said
laws, will be discharged from custody, and the
military prosecution dismissed
6. At the same time all prisoners (citizcns)
held by military authority for trial, whether in
confinement or on bail, Tor crimes offenses
government of said State, will be turned over to
the Gust ody of the proper civil authorities and
all bonds, undertakings, deposits other secu-
rity for appearance of persons charged with
crimes or otfenses as above, taken by military
authority in this District, in pursuance of the
provisions OF General Orders No. los, SERIES
1867, from these Headquarters, will be turned
over to the Attorney General of the State with
authority to enforce the same.
The Judge Advocate of the District will com
municate to the Acknowledgement of the State
the history of each case so transferred, together
with the dispositions or other evidence infor-
nation upon which the parties accused have
been arrested and held for trial In like manner
the Provost Marshal General will transfer to the
Attorney General all dispositions, complaints or
other information file in his Office in relation
to persons accused who have avoided arrest or
have escaped from confinement.
z. A prisoners (citizens) who, when the afore-
said Act of March 2, 1867 becomes imperative
under the conditions and limitations prescribed
by the fifth Section thereof, may be in confine-
ment or custody by virtue of the final Judgment
and sentence of Military Commission or other
military tribunal authorized by the said laws,
will be continued in the said custody until en-
titled to discharge by expiration of sentence, or
until their cases are otherwise disposed of by
proper authority. Upon a writ of habeas corpus
or other process issuing from Court of the
United States in the case of any prisoner held,
the writ will be promptly responded to, and the
officer in making his return will set forth the
material facts of the case. If such writ be issued
from State Court, the officer having the custody
of any prisoner will make a respectful return to
the writ, setting forth the fact that the prisoner
is held by virtue of the final Judgment and
sentence of a Court of competent jurisdiction,
held under the authority of the laws of the
United States, and tina the Jurisdiction is ex-
clusively in the Courts Oft the United States.
The division between United States and State
Jurisdiction is not always distinctly marked
but officers will be guided in their action by the
principles laid down by the Supreme Court of
the United States, in the case Of Ableman as.
s. At all forts, arsenals, light honses, custom
houses and other public establishments, whether
hell by original ccssion or by capture and &C.
cupatiOn, the Jurisdiction will be held TO be in
the United States, regulated in the former case
BY the terms of the cesSion, and in the latter
elusive until otherwise directed by law or other
proper authority. Commanding officers are re-
lured to see that such places are not allowed to
become asylums for criminals, aud that no per-
sons not in the service OF the United States are
allowed to establish themselves within the limits
Of any cedcd or reserved Jurisdiction.
g. The canvass returns, poll lists and ballots
or the several elections held in said State under
he authority of the laws of the United States, |
will, a. soon as practicable, be arranged and in
according to the several election dis
riots, securely packed and transmitted to the
Secretary of State at Raleigh for deposit and
afc- keeping.
TO- Authenticated copies of the registration in |
ZACH County OF the said State will be prepared as
oon as possible, and deposited in the office of
he Secretary of State.
H. Authenticated copies of all General and
special Orders, regulations and Instructions
ssued by the District Commander, or by POST
under authority duly delegated, |
will be prepared one set 10 be deposited in the |
flee of the Governor of the said State, and the !
ther in the Office of the Secretary of State.
12 Authenticated copies of all decisions
ffecting rights of property will be prepared and
eposited in the office of the Secretary of State.
I3. Commanders of Posts in said State will
Immediately transmit to District Headquarters
IL records, correspondence, &c, that relate to
he duties performed oy them under the recon-
truction laws-retaining only the military
ecOrds.
LOUIS V. CAZIARC,
A 1ets: 1sssst. AaJt. eem.