Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1870-02-04

Order of Gen. Candy Turning the
State Over to the Civil AuthOri-
ties-ImpOrtant Details.
General Candy has issued his General
Orders turning over the State of Virginia to
the civil authorities. After reciting the act
whereby the State was readmltted into the
Union, he gives the following instructions
for the information and guidance of all off,
GERS or other persons invested with or exer-
cising authority under and by virtue OF the
law Of March 2, 1867 to provide for the
"more efficient government Of the rebel
States,' and the several laws supplementary
thereto or amendatory thereof:
l. All military commissioners will 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 un-
finished business of their Offices, and they
will at once transmit to these headquarters
all books and records that relate to their
duties as military commissioners.
2. All citizens who may be held by mill
tary authority for trial, either in custody or
upon bail, for acts in violation of the above
cited laws, will be released from custody or
discharged OF their bail bonds and the mill
tary prosecution dismissed.
3. All citizens held by military authority
for trial for crimes or offences eognizable
under the laws Of the provisional govern
ment of the State of Virginia will be turn
ed 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, recognizances, Or other secur-
ity taken for the appearance Of persons
charged with crimes or offences, or for the
appearance of witnesses, will be turned over
in like manner to the proper civil authori-
ties.
4. The Judge Advocate Of the district
will furnish the Attorncy-Genera for such
action as may be necessary and proper q
history of each of the cases now undergoing
investigation, together with the dispositions
or other evidence in relation thereto. In
like manner, for the like purpose, al! aft
davits, evidence, or other information in
relation to persons accused of crime who
have escaped from confinement or have
eyaded arrest will be transferred to the At
torney- General.
5. All prisoners (citizens) who, when
the aforccited law of March 2 1867, becomes
imperative by reason of the conditions and
and limitations of the reconstruction laws,
may be in confinement or custody by virtue
Of the final judgment and sentence of a mill
tary commission or other military tribunal,
will be continued in said custody until en-
titled to discharge by expiration Of sentence
Or the case is otherwise disposed Of by pro-
per authority. Upon q writ Of Aa5eas COR
pus. or any other process issuing from a
court of the United States in the case of any
prisoner SO 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 is,
sued from a State court the officer having
the custody Of any such prisoner, will make
a respectful return to the writ, setting forth
the fact that the prisoner is held by virtue
Of the final judgement and sentence of a
court Of competent jurisdiction, held under
the authority Of the laws of the United
States, and that the jurisdiction is exclusive
ly in the court of the United States. The
division between United States and State
Jurisdictions is not always distinctly marked,
but officers viii be guided in their action by
the principles laid down by The Supreme
Court of the United States in the case of
Ableman rs. Booth 81 Howard, p 500,
.. At all forts, a%rsenals, lighthouses,
custom-houscs cemeteries, and other pub
He Establishments whether held by original
cession Or BY a recent occupation under the
laws OF the United States, the Jurisdiction
VIII BE- held to be exclusively IN the United
States until otherwise directed by law Or
other proper authority,
:. The canvass, returns, poll lists, and
b%ollots, for the several elections held in the
State under the authority of the law Of the
United States will, as soon as practicable,
be arranged and ipventoried according to
the several election districts, and turned over
to the Secretary of the Commonwealth for
deposit and safe keeping,
s. An authenticated copy Of the final re-
gistration Of voters, arranged by counties
and cities having a separate municipal Or
ganization, will be deposited in the Office of
the Secretary Of the Commonwealth.
8. Authenticated copies of all general or
special orders, regulations or decisions by
the district commanders, changing Or modi-
flying the provisional laws of the State, or
affecting any rights of persons Or property
viii be prepared !; one set for the Office Of
abe Governor Of the State and the other for
the Office Of the Secretary Of the Common
wealth.
10. The term Of Office of all officers of the
provisional government Of the State of Vir-
ginia. whether holding by original election
or appointment under the laws Of the State
CT 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 qualified.
II. The clerks of the several district
courts Of appeals will retain possession and
be responsible for the safe keeping of the
records Of said courts until the Legislature
of the State shall provide fer the disposition
to be made Of them.
The order concludes with a copy of the
schedule adopted by the Constitutional
Convention to prevent Inconvenience aris-
ing from a change in the Constitution of the
State.
A New DEPARTMENT FOR GEN. CANBY.--
General b. R. S. Candy, late military COM
mandant in Virginia, who is now in Wash |