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Part 13

A Compilation of the Messages and Papers of the Presidents. Volume 6, Part 2: Andrew Johnson · James D. Richardson — chapter 13 of 153 · ~672 words · public domain

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Washington, May 6, 1865.

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4. A military commission is hereby appointed to meet at Washington, D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon thereafter as practicable, for the trial of David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may be brought before it, implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Hon. William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City, and their aiders and abettors.

Detail for the court.

Major-General David Hunter, United States Volunteers. Major-General Lewis Wallace, United States Volunteers. Brevet Major-General August V. Kautz, United States Volunteers. Brigadier-General Albion P. Howe, United States Volunteers. Brigadier-General Robert S. Foster, United States Volunteers. Brevet Brigadier-General Cyrus B. Comstock, United States Volunteers. Brigadier-General T.M. Harris, United States Volunteers. Brevet Colonel Horace Porter, aid-de-camp. Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry. Brigadier-General Joseph Holt, Judge-Advocate-General, United States Army, is appointed the judge-advocate and recorder of the commission, to be aided by such assistant or special judge-advocate as he may designate.

The commission will sit without regard to hours.

By order of the President of the United States:

E.D. TOWNSEND,

Assistant Adjutant-General.

WAR DEPARTMENT, Washington City, May 7, 1865.

Brigadier-General Holt, Judge-Advocate-General, having designated the Hon. John A. Bingham as a special judge-advocate, whose aid he requires in the prosecution of Herold and others before the military commission of which Major-General Hunter is presiding officer:

It is ordered, That the said John A. Bingham be, and he is hereby, appointed special judge-advocate for the purpose aforesaid, to aid the Judge-Advocate-General, pursuant to the order of the President in respect to said military commission.

By order of the President:

EDWIN M. STANTON,

Secretary of War.

SPECIAL ORDERS. No. 216.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, May 9, 1865.

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91. Brevet Brigadier-General Cyrus B. Comstock, United States Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby relieved from duty as members of the military commission appointed in Special Orders, No. 211, paragraph 4, dated "War Department, Adjutant-General's Office, Washington, May 6, 1865," and Brevet Brigadier-General James A. Ekin, United States Volunteers, and Brevet Colonel C.H. Tompkins, United States Army, are detailed in their places, respectively.

The commission will be composed as follows:

Major-General David Hunter, United States Volunteers. Major-General Lewis Wallace, United States Volunteers. Brevet Major-General August V. Kautz, United States Volunteers. Brigadier-General Albion P. Howe, United States Volunteers. Brigadier-General Robert S. Poster, United States Volunteers. Brevet Brigadier-General James A. Ekin, United States Volunteers. Brigadier-General T.M. Harris, United States Volunteers. Brevet Colonel C.H. Tompkins, United States Army. Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry. Brigadier-General Joseph Holt, judge-advocate and recorder.

By order of the President of the United States:

E.D. TOWNSEND,

Assistant Adjutant-General.

EXECUTIVE CHAMBER,

Washington City, May 9, 1865.

Executive Order to Reestablish the Authority of the United States and Execute the Laws within the Geographical Limits Known as the State of Virginia.

Ordered, first. That all acts and proceedings of the political, military, and civil organizations which have been in a state of insurrection and rebellion within the State of Virginia against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the respective chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or attempt to exercise any political, military, or civil power, authority, jurisdiction, or right by, through, or under Jefferson Davis, late of the city of Richmond, and his confederates, or under John Letcher or William Smith and their confederates, or under any pretended political, military, or civil commission or authority issued by them or either of them since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly.

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