The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-01-29
me : est, Of General Candy.

The Last OF GeneTA fanny
General CASBy's parting order, which
we published yesterday, Is Of piece with
his conduct during the whole time that he
has commanded in Virginia. 1t is insult
ing and dictatorial, and usurps powers
which he does not possess. We quote:
as. AN prisoners icitizens) who, when
tho aforooitsd Inv Of March 2, 1861, becomes
imperative BIZ reason Of the conditions and
limitations Of the reconstruction laws, may
be in confinement or custody by virtue OF
the anal Judgment and sentence Of mil
tary commission or other military tribunal
will be continued in said custody until en-
titled to discharge by expiration OF sen.
tenco or the case is otherwise disposed OF
by proper authority. Upon writ OF hooeds
corpus. or any other process issuing from
. a court of the United States in the case OF
any prisoner 90 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.
II the writ be issued from State
court the officer having the custody OF any
such prisoner will make respectful return
to the writ, setting forth the fact that the
prisoner is held by virtue Of the final
Judgment and sentence of court OF COM
petent Jurisdiction, held under the au-
thority of the laws of the United States,
and that the jurisdiction is exclusively IN
the courts of the United States. Inc dlvl-
sion between United States and State Jurls-
dictions is not always distinctly marked,
but officers will be guided in their action
by the principles laid down by the SUI
preme Court of the United States in the
case of Ableman Us. Booth; 81 Howard,
p. 506."
"Now, in the name of oil the gods at
"cnce, upon what meat doth this our CESAR
feed that he has grown 80 greatS" Does
he pretend to say that he has put citizens
of Virginia into the hands of his soldiers
as prisoners II not, then he has AFRO
yantly assumed to order the State officers
of Virginia to continue to hold prisoners in
virtue of his departed authority, and to
make certain return to any writ OF ha-
6eas corpus that may be hereafter served
upon them. This he has no sort of right to
do. I. is sheer usurpation. We cannot
characterize such conduct as it deserves to
be characterized without violating our sense
OF propriety.
We stated lately that General SHERMAN,
the head of all the armies of the United
States, had respectfully requested the
Legislature Of West Virginia to cede to
Congress exclusive Jurisdiction over the
Federal cemeteries in that State. He did
90 because the Federal Constitution ex-
pressly prohibits the Government from
exercising exclusive jurisdiction over any
such place without the consent of the
States. But what says CANDY?
So. At all forts, arsenals, lighthouses,
custom-houses. cemeteries, and other pubic
establishments, whether held by original
cession or by recent occupation under the
laws Of the United States, the jurisdiction
will be held to be exclusively in the United
States until otherwise directed by law or
other proper authority"
Here is palpablc, plain, known viola
ton of the Federal Constitution, for which
he ought to be cashiered.
Again CANDY DEGREES:
$40. The term of Office of all officers OF
the provisional government of the State Of
Virginia, whether holding by original cleo
ton or appointment under the laws of the
State or by appointment or detail under the
laws of the United States, will expire when
their successors elected or appointed under
the new Constitution shall have duly quail
fed
As we said yesterday, these officers con-
tinue in office until their successors are
qualified, not because CANDY so orders, but
because the Constitution and the schedule
accompanying it so provide. If CANDY
has the right to say that they shall con-
tinue in Office, he would of course have the
right to say that they shall not continue in
Office. BE has nothing to do with it. Every
line of his parting order that was intended
to operate upon any officer or person not
in the army is utterly null and void. 1t is
no more entitled to respect than the CAB
bling Of goose.