The New York herald., 1870-01-29
" 7 r 6 I NJ I a..
order Of General Candy Turning the State
Over TO the Civil Authorities.
Military Commissions Dissolved-Diposi'
tiou Of Condemned Pris0ners-Procla-
nation of Governor Walker Con-
vening the Legislature-Al
the Members Eligible.

order, turning over the government OF Inc o1atc "
officers elected by the people, which fully rehaptates
Virginia as State IN the Union:--
GENERAL oRDERs-N0. 0.
HEADQUARTERS FIRST MILITARY DISTRICT,
STATE OF VIRGINIA,
RICHMOND Va, Jan. ~, 1870 }
Frst-The Act OF Congress TO admit the STATE oI
virginia 10 representation IN tAe ConSress VI sno
United States" approved January rs 1870. ls pub
lisned for the information OF all concerned
Here follows me act, which has already been puD-
sned III the HERAI.D.j
.second.-The following instructions are given for
the Information aud guidance Of all officers or other
persons invested WITH or excislng authority under
and by virtue OF the law OF March 3 1867, 70 provide
ior the more efficient government the rebel states
ana the several laws supplementary thereto or
amendatory thereof
l. All military commissioners VIII 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. ana they VIII
at once transmit to these headquarters all books
and records that relate 70 their duties as military
commissioners.
thory for trial either IN custody upon bail for acts
In yolauon OF tue above cited laws, viii oe released
from custody or discharged OF tler bail bonds and
the military prosecution dismissed.
All citizens held by military authority for trial Tor
crimes or offences cO1nzaDle under the laws Oi the
provisional government OF the state Of Virginia, Will
be turned 10 the cust0oy ol the proper civil
authorities OF the county or corporation IN which
the crime or offence was committed and all bonds,
recognizances other security taken for the app
pearAnce OF persons charged with crimes or
olrences or for The appearance Of witnesses Will be
turned over in IKE manner TO che proper cIvu
authorities.
the Attorney General Tor such ACTON as may be neces-
sary aud proper history vi each OF the cases now
undergoing investigation, together with the deposi-
tons or Otner evidence III relation thereto In like
manner, for the nke purpose, all aldavts, evidence
other Information In relation 10 persons accused
OF crime, VINO have escaped from conlnement or
nave evaded arrest. Will bc transferred 10 the AttOr
ney General
law March z 1867, becomes imperative by reason
OF the conditions and Limitations OF the reconstrIc
ton laws may be IN confinement or custody by
virtue OF the final Judgment and sentence OF q
military commission or olner military tribunal, Will
be continued iii SAID custody untli entitled to DIS
charge OF expiration OF sentence the case Is
Otherwise disposed OF by proper authority.
l. Upon writ OF haoeas corpus or any other process
issuing from court OF the United states IN tne case
OF any prisoner so held the writ VIII be promptly re-
sponded %, and the oitcer III masing his return to
tue writ VIII set forth all the natera. facts OF the
case. IL the writ be issued roLn STATE court the
officer having the custody o any stlch prisoner Will
make respectful return 10 the WIFE, setting forth
the fact that the prisoner Is held by virtue OF the
hnal Judgment ana sentence OF court ol competent
jurIsaIcIlon, held under the authority OF the laws
VI the United states, ana that The Jurisdiction is
exclusively the courts OF the United states. The
division between United States and State Jurisdic-
tons Is not always distinctly marked, but officers
VIII be guided III their action oy the principles laid
down by The Supreme COurJ OF the United states IN
the case OF Abenan vs. Booth tsI Howard, p. oOd).
q. AT all FORTS arsenals, lighthouses, custom.
houses, cemeteries, ana other pubic establishments
whether held by original cess0n or by recent
patton the laws OF the United States the Jurs
dictlon viii be held 10 be exclusively IN the United
States until otherwise directed by law or other
proper authority.
T. the canvass returns, poll lists land ballots for
the several elections held IN the State under the au
thor,ty OF the laws OF the United States Will. as
as practicable, be arranged and lnventOred
according to the several eiectlOn districts, and
turned over to the Secretary OF the Commonwealth
i for deposit and safe Keeping.
s. An authenticated copy OF the final registration
OF voters, arranged by counties aud cities having
un M , M ib w DC deposited
0. Authenticated copies OF all general or special
orders, regulations or decisions by the district com.
maDders, changing or modlsyng the provisional
laws Of the state or affecting any rights OF persons
or property VIII be prepared one set for the office
OF the Governor OF the State ana the other Tor the
| ONCE OF the secretary OF the Commonwealth.
TO- me term OF once OF all olcers OF the prOvi-
siOna government OF the State OF Virginia whether
holding by original election or appointment under
the laws Of the State, OF oy appointments or detail
under the laws OF the United States VIA expire when
constitution, shall have been duly qualified.
IL. The clerks Of the several district of ap-
peas Will retain the possession and oe responsible
ior 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.
Tttra-rhe provisions OF the schedule OF the con.
stltuton are repuDlIsned for more general nforma-
tion and convenience OF refcrence:-
That no Inconvenience may arise from thsehanges the
complete operation, It is hereby declared that:
force, repugnant tns constitution, shall remain IN
or repealed by the Legislature. A''''s'
srS Az wri,s actions caprss Of action prosecutions
s.s ana ar sAa wc ha 5s2s % Mi
hereafter be found for any crime or oaenca commtte
before tho adoption Of this constitution may proceeded
except herein otherwise provided shall continue
this not been M aoe aa until 'ds the oisan
zalion Of the judicial department Of this constitution
accrna to the state Of vrnis Under the present
ton and laws shall accrue to the use of the State under this
sso That all rscoga1snsss bonds obligations and all
ton Of this constitution to the people OF tue state Of vr
5 ssss
under existing laws ITO the people Of the state Of Virginia"
zaton Of the Of under this conatita
ties upon the shall continue, and may prosecuted
provided hy law And all & crimes and misdemeanors and
though no Change had taken place. until otherwise PROVIDED
ElBy command OF Erevct Major General CANBY
LOUIS " CAzIARo, Aid-deCamp Acting Assistant Adju-
Governor Walker, who has been acting as Provi-
slonal Governor since September last was this
morning sworn in under the constitution as Cover
nor OF the State by virtue OF his election by the
people on the 9th July last Judge WiouRhby, OF
| the Court OF Appeals. Q former classmate OF the
| Governor, administered the oaths, but there was
ceremony beyond the mere formal subscription to
the various oaths required by the Governor.
the Governor shortly afterwards issued the fol-
| lowing proclamation c0nvenlng the Legislature -
| By THE GOVERNOR OF VIRGINIA.
whereas duly authenticated copy OF an act of
Congress, entitled IAN an act to admit the State OF
Virginia to represeEtatiOn the Congress OF the
United States,n approved by the President OF the
United States on the 26tn day OF January 1870 has
been received by me from the Secretary OF State of
the United States, by which action OF Congress the
constitution adopted by the people or Virginia on
the 9th day OF July 1862 and the action OF the LeQs.
latare OF Virginia thereunder, have been approved
and ratified by Congress ana the state or Virginia
restored IN her political relations 10 the Federal
Union;
And whereas there Is no day appointed by the said
oct OF Congress for the convening OF the General
| Assembly;
Therefore, !, Gilbert c. Walker, Governor of the
Commonwealth OF Virginia. do ncreby make known
the facts stated above; ana DO further make known
that the General Assembly Of Virginia VIII convene
at the Capitol, In the city OF Richmond on Tuesday,
The Ssh day OF February 1870, at twelve NJ the
discharge Of Its functions under said constitution.
In testimony WHEREOF have hereunto set my hand
and caused the seal or the Commonw ealth to
be affixed, at Richmond this 97tn day OF Jan,l.
ary, 1879. GILBERT G. WALKER.
BY the Governor
GARRICK MALLORY, Secretary OF the Common
wealth.