The New York herald., 1870-01-31
NEW YORK HERALD, MONDAY, JANUARY 81, 1870.
VIRGINIA..

VIRGINIA.
-~o,~.>~~>>~~~p~S>o~.~-
General Caaby's Last Order-Ths First MILL
tary Dissylcs Abelishsd-IaesGnasioa eS IrIi.
tary Omosrs ~ Civil Omclals-Appeintmen
or IIeufeasut Governer-Attenpted Exer-
cise Of Civil Rights by Force-Polico Resisted
and Mob Thrcatens-Neariy Riot
Parties Before the Mayor.
RICHMOND Jan. 2s 1870.
General Candy to-day issued en- order formally
turning over the State to the civil authorities and
virtually aboshing the First Military district under
the reconstruction programme published In the
HERALD OF yesterday. This is probably the iast
military edict that will be promulgated in Virginia.
With the good taste and sense Of gentlemen and
officers Of the United States Army, Major staunton,
Acting First Auditor; Major Porter, Acting Second
Auditor ana Coloael Garrick Mallory Acting secre-
tary Of State to-day sent their designations az civil
officials to Governor Walker, but mp 70 late hour
no notification OF their acceptance had been re-
ceived. These ofcers, during The term OF their civil
service In the State, have given the most marked
sat'saction TO the people by tue prompt and efficient
discharge OF the duties assigned them and the fact
that they military ofriccrs, resigned Immediately
upon the restoration OF the state TO civil authority
Is heartily appreciated II Il rumored that General
Candy win shortly remove his headquarters to Balti
more.
Governor Walkers appointments Of John L. Marye
as Lieutenant Governor TO Nil the vacancy Occssi0ned
by James +. Lewis elected United States Senator,
gives general satisfaction among the conserva tives,
but republicans are grievousy disappointed In this
first act, II it is to bo taken as indication Of the
Governors policy. Mr.. Marye was. during the Con-
sututona Convention the leader OF the conservative
side OF the house. and thus entertained extreme
tional views; but since he has changed considerably
as one OF the most active members OF the famous
"Committee Of Nnen who were the founders Of the
political revolution that afterwards resulted IN the
election OF Walker as Governor. His appointment
by the Governor was made under authority or
clause in the constitution, which stands good for
term o. tarty days, wnsn ane Legsl,ure WIN dSaot
oil the senate
According TO the announced programme by the
negro orators ON the Capitol square last Tuesday,
NUMBER were selected 70 test the question Of their
civil righrs on the street railway cars. This had
been attempted once before during the administra-
ton OF General ScnoHe.d, who then DESIGNATED cer-
tain cars known by "wnlte balls, I" from which the
negroes were excluded. Upon one OF these Ben
Scott, notorious negro. as the records OF the
Mayors Court VIII testify, accompanied Dy three
companions, made . demonstration, put the driver
daunted they waited until another OF the forbidden
cara made Its appearance, aud before any authority
COulU nterpOSo the IOOr WOfI0cb nRO Quletly Lak6n
their seats and refused 70 leave when requested to
do SO ny the conductor the car was then
driven until u reached the frst station
the negroes Two o1iCers entered but the negroes
were stubborn and p0siuvey refused to leave the
ejected. Acting unoer the order OF General scno-
field. which is law until revoked by General Caa0y
Or until repealed s DS the ~ the Scsrs
great determination, aud tn short time an immense
crowd Of negroes was drawn 70 the spot As soon
tnA IN la0N ut nfnpn fhn ffo
they became bOlsterOHs ana but for the close pr0x
unity OF the station house ana the arrival OF add-
For long tune after they ~ had been ia safely lodged
within within tae mob without grew violent and greatly
excted oyer the Incarceration Of the martyrs IN the
have taken place but for tne promps arrival
which soon dispersed the tumultuous crowd. Tne
negroes shortly afterwards were admitted to bail,
when procured counter warrants for the arrest
Of the officers on charge Of assault and battery
This morning both parties appeared before the
Mayor, VINO after hearing all the evidence as above
rendered he following not very GEAR deciston:-
Some time ago arrangement between General
schonsd and propneors Of the Cy Rsrosd Uonpany
pie, exclusively whites; In
my p t.. % inns OF order ss q es ~ %n thu IN
the loth The stats OF Virginia at that time
having been rscsysd aud besides Inc orders OF the Com
maDans Genera. under the act. 81 Congress- are the law.
present constitution until changed abolished by he Lsg
Yne Civil Rights bin guarantees certain rights coored
IT, in fact gives them the civil rigbs guaranteed
while the passage of the other;
and consequently coorsd must seek the only remedy
who might feel himself agRrieved
civil SUIT for damages before court hav
Ing Jurisdiction, and not by criminal
from sae magistrate against the conductor police onccr
making the ejecIaent ..
no jurisdiction CASE Unsd courts having
exclusive jurisdiction Of all arising under tais bill
Whiic matter remains undetermined IL 10 the duty Of
the police render ~ the conductors OF
IN enforcing General Schoaeds order aud
that the coured people will attempt
by force Violence which only rcsu 10 injury them
serves. ........s .5.- .4......4
In the case OF violation Of the Civil Rights bill
the Cniteo States Commissioner the proper officer
to apply To for redress. He either nne or send
the defendant Tor Indictment before another
court. suit Tor damages may be entered III any OF
tue state courts but not In the United States Court
unless tue complainant Ii citizen or anotner state.
In tue present Gaze tile negroes can do nothing but
prosecute before United states Commissioner for
msdemeaaor under the Civil Rights bill, and then
the plea VI Sch0fieid's order VIII necesstate dis.
mssal Of the defendants. From ail the indications
there Will yet be serious trouble with the negroes
VINO seem to have ideas OF "rights' never enter
tanned for them by the most confirmed radical phi
lantnroplst Theatres, saloons, restaurants, hOteB
and barber shops have yet to De subjected to the
ordeal Of q trlai 0f civil rights by the negroes.
Novel and Intcrosting Scene In a virginia
rt--IudG0 uJudervvo md Ev.GnvorcDr