Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1870-01-27
The Military administration of Civil.
Affairs in YirgIn.a-Rep0rt or Gen.
Candy

AnLtrs in Virg1n!a-Rep0pt OF Gen
Candy.
The Secretary of War has submitted to
the House committee OH reconstruction
General Canby's report, dated January 10,
1870, upon the administration Of civil law
in Virginia, from the creation of the first
military district, March 13, 1867 to the
close OF 1869. He details the sub divisi-
ons of the State into districts, and the
appointment of military commissioners,
Invested with the powers IF magistrates,
AID says that the appeal made to civil
authorities was very generally responded
to. and during the latter part of 1867 and
the greater part Of 1868. by reason of the
increased efficiency of the civil magistrates
and other local authorities, and the fact
that military commissioners had become
familiar with their duties and acquainted
with the people OF the communities in
which they were acting, the:e was a.
marked improvement in tt :, administration
of the civil law, and a material dinlinution
in the number of complaints that reached
district headquarters, and those were in
great measure confined to the alleged par
tlal or prejudiced action of juries in pre-
sentiments or in the trials where the color
or the political status (past or presently of
the parties was involved. This evil. COM
mon to all communities. when swept by
the storms of passion or prejudice, was
fully developed here by the inherited
hostilities Of the rebellion and by the COM
mon prejudice against the colored race,
heightened and embttered by their
emancipation and recent elevation to an
equality in legal and political rights, aud
was one that could not be prevented, and
could only be mitigated by assuming
jurisdiction in cases where there was rea
son to apprehend that impartial justice
would not be done, or by applying such
remedies as were within the power of the
district commander"
In 1868 the number of commissioners
was reduced, which Gen. Candy says re-
suited In an increase of crime, and that as
consequences @'there were many acts of
oppression" that did not come to the:
knowledge Of the military authorities, but
during this period, while there was a ma
terial increase of crime and violence, there
We're but few Of the graver disorders that
might reasonably have been apprehended
from the partial DISCRIMINATION of the
machinery for the administration Of civil
law. A large proportion Of the disorders
arose in June and July, 1862, over the
election After the election, he says that
persecution assumed the shape of procur-
ing the Indictment for perjury of persons
who had been appointed to office, and had
taken the oath of office prescribed by she
Law of July 2, 1862, whose political
opinions differed from those of the majority
in the communities in which they lived
This was checked by instructing the court,
when advised of the proposed action, that
the alleged action was against the laws of
the United States, and not within the
jurisdiction OF the State courts, by instruct
ing military commissioners to assume
jurisdiction OF all such cases and report
the facts and where indictments had
already teen found, by quashing the
indictments. All of these cases were in
vestigated and the evidence submit.e
for the action of the proper United States
courts" In 1867 four huolrad and three
complaints or appeals were received aud
investigated of these two hundred and
eights were in civil, and one hundred
and ninety-fve iu criminal cases I: of
the former sixty-Gve, and of the latter
nlaety:h live were sustained upon inyes-
'lgatlon' an; and the appropriate remedy
class were dismissed 10 1868 the mum.
55er was three hundred and eighty four
two hundred and ninety in civil, and
ninety four ID criminal cases; Of these one
hurdred and eight of the former. and
ifty-one Of the latter were sustained. In
1869 the number was four hundred and
eight-four three hundred and forty-two
in eval and one hundred forty ,two in
criminal cases. Of the former, one hum
drea and twenty-one were sustained and
fifty~one are still undergoing investiga-
ton of the latter, fifty eight were sus-
tanned and twenty-eight are still under
Investigation The number of pardons
granted in the period were two hundred
and fourteen. Tae report alludes to the
inethciency of the county courts, and CON
cludes as follows:
This evil inherent in the organization
of the courts, will be cured in great meas
ure by the provisions offs new constitution,
which substitutes for the present incon-
gruous and imperfect system single Judge
learned in the law. If this be supplement
ted by the appointment of judges who are
not only learned in the law. but of suficent
independence Of character and determine
ton, as to be above the influences by which
the action of juries is so often controlled,
the change will be of great and immediate
beueGt.
1.-The other evil is one that cannot be
wholly cured by any legislation, but it
may be mitigated by providing in sim
pie and inexpensive manner for. the re-
moval from the State &c the United States
courts, cases where. from the natural an
tagonism between loyalty and disloyslty in
the past, or the prejudice against the col
ored race, Their may be reason to appre.
bend that fair aud impartial trial cansot
be obtained in the State courts. '-Engui-
rer.
N