Letter from Alfred Swayze to General Irvin McDowell; June 13, 1868

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Letter from Alfred Swayze to General Irvin McDowell; June 13, 1868

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People

McDowell, Joseph N. (Joseph Nash), 1805-1868 Swayze, Alfred Tyler, John

Events

Criminal Procedure Criminal Procedure--Amnesty Criminal Procedure--Pardon Legislation. United States. Congress Legislation. United States. Congress. Third Reconstruction Act (1867)Military Events--Insurrections

Military Units

United States. Army United States. Army. Infantry Regiment, 43rd

Organizations

Boards of Police Military Headquarters United States--Congress

Occupations

Attorneys General

Places

Mississippi--Adams County

Page 1

[Seal]

Alfred Swayze of Adams County, Mississippi comes and presents the proof of his having taken the oath of amnesty of the 21^st day of July 1865 and claims to be registered under the common law of the land the constitution of the United States and of the State of Mississippi and the recent decision of the Attorney General of the United States: that having taken that oath of amnesty is sufficient to entitle me to register & to vote

The only ground upon which it can be pretesded that he is excluded is that " that before the war was he was a member of the Board of Police of said County, His claim to register having been denied he wants this Statement of his case and demands that it shall be submitted to the commanding General of the District for his decision

Alfred Swayze

Page 2

S. 140. Vol. A. (C. A. 11. M. D/1868
Claim of Alfred Swayze in Register as a voter

Member of Board of Police Adams Co

Head Quarters
4^th Military District
[Vicksburg (Miss.)|Vicksburg]] Miss
June 13^th 1868

(1) The Acts of Congress are the guides by which the District commander is obliged to be governed in determining this case—

(2) The Act of July 19^th 1867 Section 7—Provides that "No "person shall at any time "be entitled to be registered " or to vote by any ex-"ecutive pardon or amnesty "for any act of thing which "without such pardon or "anmesty would disqulaify "him from registration or "voting—"

(3) The same Act Section 6 provides that—"No person "who has held any executive "or judicial office in any "State, and has afterwards "engaged in insurrection or rebellion against the United States or govern aid or comfort to the enemies thereof, is not entitled to be registered or to vote—

(4) Alfred Swayze held an office as Member of the Board of Police of Adams County, Miss-
But it does not appear from the record sent to Dist-Hd-Qrs whether or not after holding said office, he engaged in insurrection or rebellion against the United States or gave aid and comfort to the enemies thereof.

(5) It might be inferred that he did so on account of his having subsequently taken the oath of Amnesty; with Dist. Commander is informed there was a class of persons who took this oath of amnesty who had not been engaged in the Rebellion or given aid or comfort to the enemies of the U. S.

(6) If this ^is^ a fact the Board should determine (See Sec 5 Act of July 19^th 1887) and it will [?] after the receipt hereof as practicable, determine whether or not, said Alfred Swayze did, after holding office as before states, engage in insurrection or rebellion against the U. S. or give aid and comfort to the enemies thereof—If not and if there are no other causes then the one he states in his paper, he is entitled to Register otherwise not

The Board will so inform him and please return these papers to District - Hd - Gov.
By command of
Bvt-Maj-Genl McDowell
Comdy
4^th Military Dist.

Jno Tyler
1st Lieut 43d Inft Bvt. Maj U. S. A.
[?] Dis. Hdqt Genl.
E B. C. A I. P 37 of 4" M D. 1868.