Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-03-23
ICIRCULAR NO. te.1
BUREAU OF r., F. AND A. LANDS,
HD'oRs ASST CON-, STATE OF Va,
RICHMOND, Va, March II, 1866.

RICHMOND, VA, March Il, 1866
J.. The following portion of an act, enti-
tied can act relative to the testimony of COL
ored persons" passed February 26th, 1865,
by the Legislature Of Virginia, is published
for the information Of the officers and agents
of this bureau.
"Be it enacted by the General Assembly,
That colored persons and Indians shall, if
otherwise competent, and subject to the rules
applicable to other persons, be admitted wit
nesses in the following cases :"
i: 4: x y y !:
g. I'm all criminal cases and proceedings
at law or in equity in which colored per
son or Indian is party, or which arise out
of an injury done, attempted or threatened
to the person, property Or rights of a col
ored person or Indian, or in which it is
alleged in the presentment, information or
indictment, or in which the court is of opin-
ion, from the other evidence, that there is
probable cause to believe that the offence was
committed by white person in conjunction
or cooperation with colorcd person or In
dian"
Also, the following portion of IAN act to
amend and re-enact the ninth section Of chap
ter one hundred and three of the Code of Vir-
ginia of 1860" &C..
BE 1t enacted by the General assembly,
That any person having one-tourth Or more
of negro blood, shall be deemed a colored
person, and every person not colored per-
son, having one-foUrth or more Of Indian
blood, shall be deemed an Indian.
"All laws in respect to crimes and pun
ishments, and in respect to criminal pro
ceedings, applicable to white persons, shall
apply III like manner to colored persons: and
to Indians, unless when it is otherwise spec
tally provided.
II. From and after the reception of this
order, until further orders, no criminal cases
will be tried by any officer or agent of the
bureau, in this State, except such as may at
that time have been commenced.
III. It will henceforth be the duty of the
Assistant Superintendent to attend, in per-
son, the trials of all criminal cases within
their jurisdiction, including criminal trials or
preliminary hearings before justices of the
peace or other magistrates, to which col
ored person may be a party, Or in which, ac-
cording to the law above quoted, the testi-
mony of colored person may be taken.
Nv. When present at such trials or hear.
lngs, the Assistant superintendent will not
interfere at the time with the action of the
court or magistrate, but will confne them
selves to such friendly suggestions made to
colored party concerned, or the counsel for
the same, as may be necessary. They will
not act as attorneys in such cases, or argue
with the court Or magistrate. I'll. viii. how
ever, make immediate report Of any instance
of oppression or injustice against colored
party, whether prosecutor or defendant, and
also in case the evidence of colored persons
should be improperly rejected or neglected.
In such cases, ell details possible will be
forwarded.
V. They will also carefully examine and
report if in any instance justice of the peace,
attorney for the Commonwealth, grand jury,
or other authority vested with the power of
allowing or regulating the institution of Grim
inal proceedings, has refused justice to a col
ored person by improperly neglecting a COM
plant, Or declining to receive an oath or
sworn information rendered by such person,
whereby trial or prosecution might be pre-
vented through Partially Or prejudice.
VI. All Superintendent and Assistant
superintendent will, on the last day Of each
month make a detailed report Of the manner
in which this order, by restoring to the State
authorities jurisdiction in criminal cases over
colored persons, has resulted, with reference
to the interests Of the latter, within their re-.
spective districts and sub-districts. whether
they have been treated with impartality and
fairness, and the law respecting their testi-
:ncny carried out in good faith or otherwise.
0. BROWN,
Colonel and Assistant Commissioner.
Official:
james A. Bates.
Acting Assistant Adjuiant General.
H'D'oRs DEPARTMENT or V1pc1N1A