762 



VIRGINIA. 



only in importance to the recognition of the suprem- 

 acy of the Government of the United States, and as 

 essential alike to the peace, prosperity, and happiness 

 of all classes. 



Resolved, That we recognize the fact that with 

 Congress alone rests the power to restore these States 

 to the Union, and that restoration can only take 

 place under the Keconstruction Acts of Congress, and 

 pledge ourselves to honestly and faithfully carry out 

 the provisions of those Acts in restoring Virginia to 

 her position in the Union. 



jResolved, That no republican form of government 

 can permanently exist without a full recognition of the 

 principle of political equality for all men, without 

 distinction of race or color. That the ballot is the 

 best protection a freeman can have for the security 

 of his rights. And that we pledge ourselves to the 

 support of such measures as will secure to all men, 

 of whatever race or color, or previous condition, the 

 ballot and equal political rights. 



Jtesolved, That no republican form of government 

 can be wisely administered without a general educa- 

 tion of the people, and that we are in favor of the 

 system of free schools supported by all and open to 

 all. 



Resolved, "Jhat we regard the present system of 

 taxation as partial, and especially^ burdensome to the 

 laboring man, and that we are in favor of a more 

 general and equal distribution of its burdens upon all 

 classes who enjoy the blessings and protection offered 

 by the civil government it maintains. 



Resolved, That we have great hope in the future of 

 Virginia; that with her agricultural and mineral 

 resources, and her facilities for manufacture, and 

 with that change in her industrial system which now 

 renders labor an honorable instead of a menial ser- 

 vice, which will cordially invite and must bring to 

 our State its legitimate share of immigration, without 

 which it will for many years be impossible to develop 

 those resources, we may hope to see Virginia take 

 her place alongside of Ohio and Pennsylvania and 

 Massachusetts in her agricultural, her mineral, and 

 her manufacturing products. 



Resolved, That we have unabated confidence in 

 that great Union organization which, when danger 

 threatened our common country, stood by and for 

 the maintenance of its Government, and still seek 

 a harmonious restoration of all States to the Union 

 by guaranteeing^ to all its citizens that principle em- 

 bodied in the Declaration of Independence that all 

 men are created free and equal and endowed with cer- 

 tain inalienable rights and privileges, among which 

 are life, liberty, and the pursuit of happiness. 



Through the summer General Scliofield found 

 little occasion to exercise the military powers 

 vested in him by the Reconstruction Acts, be- 

 yond what was necessary to carry into execu- 

 tion the provisions for holding a convention to 

 frame a new constitution. It had been his 

 policy indeed not to relieve the civil magis- 

 trates in any degree from the responsibility of 

 a faithful discharge of their duties, but rather to 

 encourage their confidence and' support. The 

 Act of Congress of July 19th, however, pre- 

 scribed as a qualification for office the oath re- 

 quired of officers of the United States, a test 

 which in many parts of the State would ex- 

 clude from the civil offices the only persons 

 competent to fill them. Accordingly, the order 

 suspending elections was continued in force, 

 and the following provisions were announced 

 by a general order, under date of July 2fith : 



1. In pursuance of Section 4 of the Act of Con- 

 gress passed July 19, 1867, the sub-district command- 

 ers will report to these headquarters, for the action 



of the commanding general, the cases of all the 

 State, county, and municipal officers who are disloyal 

 to the Government of the United States, or who may 

 use their official influence in any manner to hinder, 

 delay, prevent, or obstruct the due and proper ad- 

 ministration of the Acts of Congress. 



2. Hereafter, until otherwise ordered, all vacancies 

 that may occur in State, county, or municipal offices 

 will be tiled by temporary appointments, to be made 

 by the commanding general. 



3. The Governor and other executive officers, the 

 courts of law, and councils of cities, are invited to 

 recommend suitable persons for appointment to such 

 offices as under the existing laws of Virginia are 

 usually filled by their appointment or upon their 

 nomination. 



4. Eecommendations from the State courts and 

 from the heads of the executive departments of the 

 State government will be sent to the Governor for his 

 indorsement. Those from any other source will be 

 forwarded by the military commissioner, and sub- 

 district commanders, with their indorsement there- 

 on. 



Under this order several officers were re- 

 moved, and the vacancies otherwise, occasioned 

 were filled by appointment. Among the appoint- 

 ments made was one of a judge of the Hustings 

 Court in the city of Richmond to succeed Judge 

 Lyons, deceased. The appointee of General Scho- 

 field had been until that time a member of his 

 staff. 



The military commissioners, which had been 

 appointed under the order of May 28th, exer- 

 cised the authority vested in them very spar- 

 ingly, and only in cases of necessity. The fol- 

 lowing additional instructions to these officers 

 are found in an order dated August 12th : 



Military commissioners are reminded that they are 

 to be governed in the discharge of their duties by 

 the laws of Virginia, as far as the same are not in 

 conflict with the laws of the United States or orders 

 issued from these headquarters, and that they are not 

 to supersede the civil authorities except in cases of 

 necessity. In such cases the action or failure to act 

 of the civil officers should be fully reported, in order 

 that the commanding general may hold them to a 

 proper accountability for any neglect of duty. 



General Schofield's reasons for establishing 

 these military commissions, in the first in- 

 stance, are thus stated in a report to General 

 Grant of various operations in the First Mili- 

 tary District : 



The evil which existed previous to the passage of 

 the Act of March 2, 1867, was not removed; though 

 somewhat mitigated by the increased efficiency of 

 the magistrates and other civil officers. That evil 

 was inherent in our venerable jury system, and ap- 

 parent in all times, and fully developed by the 

 natural antagonism between loyalist and rebel, or the 

 prejudice between white and black, existing through- 

 out the South since the rebellion. This evil, and its 

 appropriate remedy, demanded my early and most 

 careful consideration. One of the first and most 

 natural propositions was to remodel the jury system 

 of the State so as to admit blacks as well as whites to 

 the jury-box ; also to prescribe a test, more or less 

 stringent, as to past and present loyalty. But, after 

 full consideration. I became satisfied that any system 

 of organization of juries, under laws which required 

 a unanimous verdict to convict, or to decide any civil 

 cause, must afford very_ inadequate protection for life 

 and property in a society where strong prejudice of 

 class or caste exists. 1 s his consideration, added to 

 the fact that any system established by military 

 authority would be but temporary in its character, 



