. VIRGINIA. 



715 



tics, faithful compliance with the letter and spirit 

 of the constitution of Virginia, as adopted July 6, 

 1869. 



Belying upon the justice of our cause, and repos- 

 ing implicit confidence in the wisdom of Congress, 

 be it, therefore, 



JResolved, That we do hereby respectfully ask that 

 the State of Virginia be admitted to representation 

 in the Congress of the United States, such admission 

 to be in strict accordance with the requirements of 

 the reconstruction acts. 



This report was rejected, and the delegates 

 who favored it withdrew from the convention 

 and held a separate meeting, at which a com- 

 mittee of sixteen was appointed to call a Re- 

 publican Convention, at such time as it might 

 seem proper, for the reorganization of the 

 party. 



The question of readmitting Virginia to her 

 place in the Union was brought up in Congress 

 at the beginning of the session in December. 

 An address, prepared by a committee of nine 

 appointed by the Legislature to urge the claims 

 of the State to immediate readmission, was 

 submitted to the Reconstruction Committee. 

 This address recounted the action of the State 

 in compliance with the acts of Congress, and 

 claimed that every thing required by the law 

 had been done. The committee, therefore, re- 

 spectfully dsked that " Virginia's Senators and 

 Representatives be promptly admitted to their 

 seats, and that she be restored to her place in 

 the family of States." A bill was soon intro- 

 duced, providing for the admission of the State 

 without further condition, and after consider- 

 able debate it passed both Houses and received 

 the approval of the President on the 26th of 

 January, 1870. On the following day General 

 Canby issued a military order turning the gov- 

 ernment of the State over to the civil authori- 

 ties. After stating the action which had been 

 taken by Congress, the order proceeds in the 

 following terms : 



Second. The following instructions are given for 

 the information and guidance of all officers, or other 

 persons invested with, or exercising authority under 

 and by virtue of the law of March 2, 1867, to provide 

 for the more efficient government of the rebel States 

 and the several laws supplementary thereto or amend- 

 atory thereof: 



1. All military commissioners will at once cease to 

 exercise any and all authority under the above-cited 

 laws, except so far as may be necessary to close up the 

 unfinished business of their offices: they will at once 

 transmit to these headquarters all pooks and records 

 that relate to their duties as military commission- 

 ers. 



2. All citizens who may be held by military author- 

 ity for trial, either in custody or upon bail, for acts in 

 violation of the above-cited laws, will be released from 

 custody or discharged of their bail bonds, and the 

 military prosecution dismissed. 



3. All citizens, held by military authority for trial 

 for crimes or offences cognizable under the laws of 

 the provisional government of the State of Virginia, 

 will be turned over to the custody of the proper civil 

 authorities of the county or corporation in which the 

 crime or offence was committed, and all bonds, recog- 

 nizances, or other security taken for the appearance 

 of persons charged with crimes or offences, or for the 

 appearance of witnesses, will be turned over in like 

 manner to the proper civil authorities. 



4. The Judge Advocate of the district will furnish 

 the Attorney-General, for such action as may be neces- 

 sary and proper, a history of each of the cases now 

 undergoing investigation, together with the deposi- 

 tions or other evidence in relation thereto. In like 

 manner, for the like purpose, all affidavits, evidencQ. 

 or other information m relation to persons accused of 

 crime, who have escaped from confinement or have 

 evaded arrest, will be transferred to the Attorney- 

 General. 



5. All prisoners (citizens), who, when the afore-cited 

 law of March 2, 1867, becomes inoperative by reason 

 of the conditions and limitations of the reconstruction 

 laws, may be in confinement or custody by virtue of 

 the final judgment and sentence of a military com- 

 mission or other military^ tribunalj will be continued 

 in said custody until entitled to discharge on expira- 

 tion of sentence, or the case is otherwise disposed of 

 by proper authority. Upon a writ of habeas corpus or 

 any other process issuing from a court of the United 

 States in the case of any prisoner so held, the writ 

 will be promptly responded to, and the officer in mak- 

 ing his return to the writ will set forth all the mate- 

 rial facts of the case. If the writ be issued from a 

 State courtj the officer having the custody of any such 

 prisoner will make a respectful return to the writ, 

 setting forth the fact that the prisoner is held by vir- 

 tue of the final judgment and sentence of a court of 

 competent jurisdiction, held under the authority of 

 the laws of the United States, and that the jurisdic- 

 tion is exclusively in the courts of the United States. 

 The division between United States and State juris- 

 dictions is not always distinctly marked, but officers 

 will be guided in their action by the principles laid 

 down in the Supreme Court of the United States in 

 the case of Ableman vs. Booth (21 Howard, p. 506). 



6. At all forts, arsenals, light-houses, custom-houses, 

 cemeteries^ and other public establishments, whether 

 held by original cession or by recent occupation un- 

 der the laws of the United States, the jurisdiction will 

 be held to be exclusively in the United States until 

 otherwise directed by law or other proper authority. 



7. The canvass-returns, poll-lists, and ballots for the 

 several elections held in the State under the authority 

 of the laws of the United States will, as soon as prac- 

 ticable, be arranged and inventoried according to the 

 several election districts, and turned over to the Sec- 

 retary of the Commonwealth for deposit and safe- 

 keeping. 



8. An authenticated copy of the final registration 

 of voters, arranged by counties and cities having a 

 separate municipal organization, will be deposited in 

 the office of the Secretary of the Commonwealth. 



9. Authenticated copies of all general or special 

 orders, regulations or decisions, by the district com- 

 manders, changing or modifying the provisional laws 

 of the State, or affecting any rights of persons or prop- 

 erty, will be prepared ; one set for the office of the 

 Governor of the State, and the other for the office of 

 the Secretary of the Commonwealth. 



10. The term of office of all officers of the provi- 

 sional government of the State of Virginia, whether 

 holding by original election or appointment under 

 the laws of the State, or by appointment or detail un- 

 der the laws of the United States, will expire when 

 their successors, elected or appointed under the new 

 constitution, shall have been duly qualified. 



11. The clerks of the several district courts of ap- 

 peal will retain the possession and be responsible 

 for the safe-keeping of the records of said courts un- 

 til the Legislature of the State shall provide for the 

 disposition to be made of them. 



Third. The provisions of the schedule of the con- 

 stitution are republished for more general information 

 and convenience of reference : 



That no inconvenience may arise from the changes in 

 the constitution of this State, and in order to carry the 

 same into complete operation, it is hereby declared that: 



SECTION 1. The common law and the statute law now 

 in force, not repugnant to this constitution, shall remain 



