Reports of commandes of military departments south, relative to persons turned over for trial to civil authorities. MARCH 2, 1869.- Referred to the Committee on Military Affairs and ordered to be printed. WAR DEPARTMENT, March 2, 1869. The Secretary of War, in answer to the resolution of the House of Representatives of the 2d February, 1869, has the honor to submit the accompanying reports of the commanding generals of the departments of the south and of Louisiana, of persons who have been turned over for trial or punishment to the civil authorities of any reconstructed State, and who had been tried, convicted, and sentenced by military tribunals while such State was under military government. J. M. SCHOFIELD, HEADQUARTERS DEPARTMENT OF THE SOUTH, GENERAL: In reply to the inquiry of the House of Representatives, contained in its resolutions of the 2d instant, I have the honor to transmit, herewith enclosed, reports of prisoners tried and sentenced in the late second and third military districts, who have been turned over to the civil authorities of North and South Carolina and Georgia, with a copy of the instructions under which I acted. Very respectfully, your obedient servant, GEO. G. MEADE, Major General United States Army. ADJUTANT GENERAL U. S. ARMY, Washington, D. C. HEADQUARTERS DEPARTMENT OF THE SOUTH, Atlanta, Georgia, October 21, 1868. SIR: I have to acknowledge the receipt of your letter of the 16th instant, directing the transfer to the civil authorities of certain soldiers therein named, now in confinement at Fort Macon, North Carolina, awaiting promulgation of sentences by military commission for offences committed against the civil law. I take occasion to call your attention to the number of similar cases still in confinement at Fort Macon, and to recommend that similar orders be given in all cases where the offence is one against the civil law. Where these prisoners have been sentenced and are undergoing punishment I would recommend their being transferred, through the governor of the State, to the State penitentiary or such other place as he may designate I should have issued such orders on my own responsibility had it not been that these cases occurred before I came in command of the late second military district. It was always my practice, when in command of the third military district, to send such prisoners as were sentenced by military commissions to confinement to the State penitentiaries, and when the States were reconstructed they passed at once to the control of the State authorities without any further action on my part. I enclose herewith a list of these prisoners, with their crimes and sentences. At the same time I beg to add, as a further consideration, that it is difficult to furnish a suitable garrison to guard so large a number of prisoners, and that in consequence several have recently escaped, and others attempted to do so. I should be glad to have the instructions of the department at the earliest moment practicable. Very respectfully, your obedient servant, GEO. G. MEADE, Brevet Major General E. D. TOWNSEND, Official: R. C. DRUM, Assistant Adjutant General. WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, Washington, October 30, 1868. SIR: Referring to your communication of the 21st instant, I have the honor to inform you the Secretary of War authorizes you to turn over prisoners tried by military commissions in the late second military district, as you recommend, including such enlisted men as have been discharged the service. Should any of the prisoners whom you recommend be turned over be soldiers still in service, you are authorized to discharge them for that purpose. Very respectfully, your obedient servant, Major General GEORGE G. MEADE, E. D. TOWNSEND, Assistant Adjutant General. Commanding Department of the South, Atlanta, Georgia. A true copy: R. C. DRUM, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF THE SOUTH, Respectfully referred to Brevet Major General N. A. Miles, commanding district of North Carolina, who will, agreeably to the within instructions, cause all prisoners in confinement at Fort Macon, North Carolina, for offences against the civil law, to be turned over to the proper authorities of the States in which the offences were committed. Please return this, with report setting forth the names of the prisoners disposed of, offences with which they were charged or convicted, and to what State authority they were turned over. By order of Major General Meade. R. C. DRUM, Assistant Adjutant General. HEADQUARTERS DISTRICT OF NORTH CAROLINA, Raleigh, December 15, 1868. Respectfully returned to department headquarters, inviting attention to the within eport. forwarded in compliance with foregoing endorsement. NELSON A. MILES, Colonel 40th Infantry, Brt. Maj. Gen. U. S. A., A true copy of endorsements: Commanding District. R. C. DRUM, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF THE SOUTH, JUDGE ADVOCATE'S OFFICE, Atlanta, Georgia, February 13, 1869. Report of prisoners tried and sentenced by military tribunals in the late second military district, who have been turned over to the civil authorities of North and South Carolina, in compliance with instructions from the Secretary of War, dated War Department, Adjutant General's Office, October 16, and October 30, 1868. 1. Sylvanus F. Burkhead, Catawba, North Carolina, white; committed at Fort Macon, North Carolina, May 25, 1867; tried by a military commission under General Orders No. 23, from headquarters second military district, 1867; convicted of assault with intent to kill the commanding officer of the military post of Anderson, South Carolina, and attempting to bribe a non-commissioned officer of the United States army; sentenced to be imprisoned, at hard labor, in such place as the major general commanding this military district may direct, for the period of seven years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 2. Everett C. Harris, Richland county, South Carolina, white; committed at Fort Macon, North Carolina, December 19, 1867; tried by a military commission under General Orders No. 149, from headquarters second military district, 1867; convicted of receiving stolen property; sentenced to be imprisoned at hard labor, at such place as the commanding general may direct, for the period of one year; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant Gen eral's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 3. Isaac Lykes, Richland county, South Carolina, black; committed at Fort Macon, North Carolina, December 10, 1867; tried by a military commission under General Orders No. 154, from headquarters second mil itary district, 1867; convicted of receiving stolen property; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of one year; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 4. George Hayes, Richland county, South Carolina, black; committed - at Fort Macon, North Carolina, December 10, 1867; tried by a military commission under General Orders No. 154, from headquarters second military district, 1867; convicted of receiving stolen property; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of one year; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 5. William Kirkland, Richland county, South Carolina, black; committed at Fort Macon, North Carolina, December 21, 1867; tried by a military commission under General Orders No. 154, from headquarters second military district, 1867; convicted of receiving stolen property; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of one year; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 6. Perry Reese, Richland county, South Carolina, black; committed at Fort Macon, North Carolina, December 21, 1867; tried by a military commission under General Orders No. 154, headquarters second military district, 1867; convicted of receiving stolen property; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of one year; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 7. John Montgomery, Richland county, South Carolina, black; committed at Fort Macon, North Carolina, January 2, 1868; tried by a military commission under General Orders No. 161, from headquarters second military district, 1867; convicted of obstructing a railroad; sentenced to be confined at hard labor, at such place as the commanding general may direct, for the period of 15 years; sentence mitigated to three years' imprisonment. Also tried by a military commission under General Orders No. 163, from headquarters second military district, 1867; convicted of larceny; sentenced to be imprisoned at hard labor, at such place as the commanding general may direct, for the period of two years; transferred to Phineas F. Frazee, sheriff of Richland county, South Carolina, November 19, 1868, per instructions from the War Department, dated Adjutant General's Office, Washington, D. C., October 30, 1868; copy enclosed herewith and marked A. 8. W. M. A. Jennings, Georgia, white; committed at Fort Macon, |