Evening star., 1870-02-03
OFFICIAL
HEApo- ARTErs First MILITARY DrsTRIcr,)
STA TIE OF VIRGINIA,
.Ianuary r9-n

i. The act of Congress tn " admit the State
OF Virginia to representation IN the Congress
1870, Is published for the informal, ION of all con-
ceYned.
there follows the act which has al. -eady been
III. The following instructions are a ven for
the Information and guidance Of all OFT ers or
other persons invested with OF exercis;p,r au-
thorlty uader and by virtue of the law of N,uch
2, 1867, to provide for the more efficient COVE.
ment OF the rebel States and the several iISvs
upIlemensafy thereto OF amendatory thereof:
i. All military commissioners will at once
cease 10 exercise any and all authority under
the above cited laws except 80 far as NAV be
necessary TO close up the unfinished business OF
their ofhces, and they will at once transmit to
.nsse ni ne quarters all books and records that
relate 10 their duties as military commissioners.
z. All citizens who may be held by military
authorlty for trial, either in custody upon
DALI Tor acts in violation of the above cited laws,
VIII he released from custody or discharged of
their bail bonds and the military prosecution
dismissed
,. All citizens held by military authority for
trial for crimes or offences cogniZablc 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, recognizanccs, or
other security taken for the appearance of per-
sons charged with crimes or offences or for the
appearance OF witnesses, will be turned over i'm
Ike manner to the proper civil authorities
a. The Judge Advocate of the district will
IuihiSh the Attorney General, for such action
as may De necessary and proper, a history of
each OF the cases now undergoing investi cation,
together with the depOstions or other evidence
In relation thereto. In like manner, for the like
purpose, all afhdavits, evidence, or other infor
nation in relation to persons accused of crime,
who have escaped from confinement or have
evaded arrest, will be transferred to the Attor-
ney General.
D. All prisoners (citiZens) who when the afore.
cited law of March 2, 1861 becomes imperative
by reason of the conditions and limitations OF
Al IL ION Iau ant
or custody by virtue of the final Judgment and
sentence of q military commission or other mil
itary tribunal, will be continued i'm said custody
until entitled to discharge of expiration of
sentence, or the case is otherwise disposed
OF by proper authority. Upon a writ of ha6sds
corpus or any other process issuing from court
OF the United States in the case of any prisoner
50 held, the writ will be promptly responded to,
and the officer, in making his return to the
writ, will set forth all the material facts of
the case. If the writ be issued from a State
court the officer having the custody of any such
prisoner will make a respectful return to the
wit, setting forth the fact that the prisoner is
held by virtue of the final judgment and sentence
of court of competent jurisdiction, held under
the authority of the laws OF the United States.
and that the jurisdiction is exclusively in the
courts of the United States The division be-
tween United States aud State Jurisdiction is
not always distinctly marked, but Off GERS will be
guided in their action by the principles laid
down by the supreme Court of the United
States in the case Of Ableman VS.. Booth, (2I
Howard, p. 506.)
o. AT all forts, arsenals. lighthouses, custom
houses, cemeteries and other public establish
ments, whether held by original cession or
recent occupation under the laws of the United
States, the jurisdiction will be held to be excu-
slvely In the United States until otherwise
directed by law or other proper authority.
4. 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 practicable, be arranged and in
ventor1ed according to the several election
districts. and turned over to the Secretary of the
Commonwealth for deposit and safe keeping.
.. An authenticated copy OF the final regis
tration of voters, arranged by counties and
cities having a separate municipal or Organizations
Will be deposited in the office of the Secretary
OF the Commonwealth.
.. Authenticated copies of all general or
special orders, regulations, or decisions by the
district commanders, changing or modifying the
PROVISIONAL laws OF the State, o: affecting any
rights OF persons or property, will be prepared;
one set for the office of the Governor OF the
State, and the other for the Office of the Secre-
tary OF the Commonwealth.
1o. The term of Office of all officers of the pro-
visonal government of the State of Virginia,
whether holding by original election or appoint
ment under the laws of the State, or by appoint
ment or detail under the laws of the United
States, will expire when their SUCCESSORS, elected
or appointed under the new constitution,
shall have been duly qualified.
III. The clerks OF the several districts courts
OF appeal will retain the possession and be re-
spOnsible for the safe keeping of the records of
said courts until the Legislature of the State
shall provide for the disposition to be made Of
them.
III. The provisions of the schedule of the con-
stitutiOn are republshed for more general infor-
nation and convenience of reference:
"Ihat no Inconvenience NAV 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 I. The common law and the statute
law now in force, not repugnant to this cOnsti-
tuition, shall remain in force until they expire
by their own limitation, or are altered or re-
Iealed by the Legislature.
'.SEC. z. All writs, actions, causes of action
prosecutions and rights of individuals and of
bodies corporate and of the State, and all char
tiers of incorporation, shall continue, and all in
dictments which shall have been found or
which may hereafter be found, for any crime or
offence committed before the adoption of this
constitution, may be proceeded upon as if no
CHI nge had taken place. The several courts,
except as herein otherwise provided, snail corr
IN law and in equity, if this constitution had
not been adopted, and until the organization of
the judicial department OF this constitution.
"SEC. 3. That AL fines, penalties, forfetures
and esoheats accruing to the State of Virginia
under the present constitution and laws Snail
ac crue to the use of the State under this consti
tuition.
"SEo. 1. That all recogn,zances. bonds. obIi-
cations. and all other instruments, entered into
or exc, ed before the adoption of the COnstit
lion, to the people OF the State of Virginia, to
any State, county, or township, or any public
onlcer or public body, or which may be entered
into or executed under existing laws. -'.to the
people OF State Of the Virginia. TO any such Off
Ger or public body before the complete oreaniza-
ton "t the departments OF government under this
Constit I'ion. sh II remain binding and valid;
and nights and liabilities upon the same shall
continue and may be prosecuted as provided by
law. And all crimes and misdemeanors and
rena, actions shall be tried, punishedand prose-
c. ted as the ia no charge had taken place, un-
til "Jherwise provi' ed by law"
By command Of Breyet Major Gen. Candy.
LOUIS V. CAZIARC.
Aide-de-Camp Acting Assistant Adjutant
General.