It is
intended to aid the civil authorities, and not to supersede them,
except in cases of necessity."
NO RESORT TO TRIAL BY MILITARY COMMISSION
No case arose in Virginia in which it was found necessary, in my
opinion, to supersede the civil authorities in the administration
of justice. Not a single citizen of that State was tried by military
commission. Yet some cases arose which well illustrate the
fascinations of absolute power to those who desire the benefit of
its exercise in its own interests. Some of the most prominent
citizens of Virginia, men who had earnestly opposed the general
policy of military government then in force, came to me to settle
their petty differences summarily. They seemed much disappointed
when I declined to adjudicate such cases, and informed them that
they must be content with the slow process of trial before their
own civil magistrates. Other orders were in part as follows:
"Richmond, Va., July 26, 1867.
". . . III. The governor and other executive officers, the courts
of law, and councils of cities are invited to recommend suitable
persons for appointment to such offices as, under the existing laws
of Virginia, are usually filled by their appointment or upon their
nomination. . . ."
"Richmond, Va., August 8, 1867.
". . . VI. Military commissioners are reminded that they are to
be 'governed in the discharge of their duties by the laws of
Virginia, so far as the same are not in conflict with the laws of
the United States, or orders issued from these headquarters,' and
that they are not to supersede the civil authorities, except in
cases of necessity. In such cases the action, or failure to act,
of the civil officers should be fully reported, in order that the
commanding general may hold them to a proper accountability for
any neglect of duty. . . ."
THE OBNOXIOUS CONSTITUTION
Upon the adjournment of the State Convention, I sent the following
letter to General Grant:
"Richmond, Va., April 18, 1868.
"Dear General: In spite of every effort that could be made to
prevent it, the Virginia Convention has adhered to its proscriptive
measures, or rather to the most objectionable of them.
"After every other means had failed, I even went so far as to visit
the Convention, and urge the repeal of the test oath. But what I
said seemed not to have the slightest influence. I inclose a
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