Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1866-03-20


vert to the heirs Of General Lee after his death,
because it was not confscated, but was sold for
taxes and purchased by the government.
The following order has been issued from
Headquarters Department of Virginia, in pur
suance of an Act relative to the testimony of
colored persons, passed February 2Sth, 1866,
by the Legislature Of Virginia:
CIRCULAR, NO. 10.
Bureau of r., F. md 4. Lands,
Head qrs, Asst COM, State Of Va,
Richmond, Va, March 18th, 1866
I. The following portion Of an act, entitled
'An act relative to the testimony @. colored per-
sons" passed February 2Sth, 1866, by the Lee
gislature Of Virginia is published for the infor
nation Of the officers and agents OF this bureau.
'Be 1t enacted By the General assembly, That
coloicd persons and Indians shall, if otherwise
competent, and subject to the rules applicable
to other persons, be admitted witnesses in the
following cases
2. SIN all criminal cases and proceedings at
law Or in equity, in which colored person or
Indian is party, or which arise out OF an in
jury done, attempted or threatened to the per-
son, property or rights of colored per.on or
Indian, or in which it is alleged in the present
ment, information or indictment, or in which
the court is of opinion, from the other evidence,
that there is probable cause to believe that the
offence vas committed by white person in con-
junction OF cooperation with colored person or
Indian"
Also, the following portion Of An act to a
mend and re-enact the ninth section OF chapter
one hundred and three of the code of Virginia
Of 1860, &c:
BE 1t euacted Jy the General assembly, That
ot'
blood shall be deemed a colored person, and
every person not coored person. having one
fourth or more of Indian blood, shall be deemed
an Indian.
''All laws in respect to crimes and punish
ments, and in respect to criminal proceedings
applicable to white persons, shall apply in like
manner to colored persons, and &c indians, un-
less when it is otherwise especially provided"
Ii. From and after the reception OF this or
der, until further orders, 20 criminal cases will
be tried by any officer OF agent of the bureau,
In this State, except such as may at that time
nave been commenced.
III 1t will heIceforth be the duty of the
Assistant Superintendents to attend, in person.
the trials of criminal cases within their urisdlc
ton, including criminal trials or preliminary
hearings before justices Of the peace Or other
magistrates, to which colored person may be
party or in which, according to the law above
quoted, the testimony of colored person may
be taken.
~. When present at such trials or hearings,
the Assistant Superintendents will not Interfere
at the time with the action Of the court or ma
gistrate. but will confine themselves to such
friendly suggestions made to colored party
concerned, or the counsel for the same, as may
be nece sary. They will not act as attorneys in
such cases, or argue with the court or magis-
trate. They viii, however, make immediate re-
port OF any instance CT oppression OF injustice
against a colored party, whether prosecutor or
defendant, and also in case the evidence of col
ored persons should be Improperly rejected or
neglected. In such cases, all details possible
will be forwarded
V. They will also carefully examine and re-
port If IN any instance justice OF the peace, at
torney Of the Commonwealth, grand jury, or
other authority vested with the power OF allow
ing regulating the institution of criminal pro-
ceedings, has refused justice to colored person
by improperly I2glecting complaint, or declin-
dered by such person, whereby trial or prosec-
ution might be prevented through partiality or
prejudice.
VI All Superintendents and Assistant Su-
perintendents will, ON the last day of each month,
MAKE detailed report of the manner IN which
this order, by restoring to the State authontles
jurisdiction in criminal ca es over oOlored per-
sons, has resulted, with reference to the inte-
rests of the latter, within their respective dis
tricts and sub-distlicts, whether they have been
treated with impartiality and fairness, and the
law respecting their testimony carried out IN
good faith or otherwise.
"a O. Brown,
COL and Asst. Com r.