Reconstruction in Virginia
The manner in which I executed those “reconstruction” acts of Congress in Virginia, so as to save that State from the great evils suffered by sister States, is perhaps an instructive part of the history of that time. The following extracts from my orders and correspondence clearly show the constitutional principles upon which my administration was based. They also give the essential points in the history of Virginia reconstruction up to the time when the Convention had completed its work of framing a constitution. My “General Orders, No. 1,” dated Richmond, Va., March 13, 1867, was as follows:
“I. In compliance with the order of the President, the undersigned hereby assumes command of the First District, State of Virginia, under the act of Congress of March 2, 1867.
“II. All officers under the existing provisional government of the State of Virginia will continue to perform the duties of their respective offices according to law, unless otherwise hereafter ordered in individual cases, until their successors shall be duly elected and qualified in accordance with the above-named act of Congress.
“III. It is desirable that the military power conferred by the before-mentioned act be exercised only so far as may be necessary to accomplish the objects for which that power was conferred, and the undersigned appeals to the people of Virginia, and especially to magistrates and other civil officers, to render the necessity for the exercise of this power as slight as possible, by strict obedience to the laws, and by impartial administration of justice to all classes....”
On April 20 was issued “General Orders, No. 16”:
“I. Temporary appointments to fill vacancies which may occur in county or city offices will, in general, be made upon the concurrent recommendations of the County Court or City Council and of the President of the Board of Registration ( 1) for the county or city.
“II. The several County Courts and City Councils are requested to confer with the Presidents of the Boards of Registration concerning such appointments, and to agree upon a suitable person to fill any vacancy that may occur.
“III. The President of the Board of Registration will forward to the assistant adjutant-general the recommendation of the court or council, with his own indorsement thereon.
“IV. When a County Court is not in session, a recommendation signed by five justices, including the presiding justice, will be received in lieu of the recommendation of the court.
“V. County and corporation officers appointed by the commanding general will be required to give the bonds required by law, and will be subject to indictment for malfeasance, misfeasance, or neglect of official duty, the same as if they had been elected by the people.”
On May 28 was issued “General Orders, No. 31,” in part as follows;
“... IV. The military commissioners [officers of the army] will make a prompt report to these headquarters of each case of which they may take jurisdiction, and the disposition made of such case. Where parties are held for trial, either in confinement or under bail, such full statement will be made of the facts in each case as will enable the commanding general to decide whether the case shall be tried by a military commission or be brought before a civil court.
“V. Trial by the civil court will be preferred in all cases where there is satisfactory reason to believe that justice will be done. But until the orders of the commanding general are made known in any case, the paramount jurisdiction assumed by the military commissioner will be exclusive.
“VI. All persons, civil officers and others, are required to obey and execute the lawful orders of the military commissioners to the same extent as they are required by law to obey and execute writs issued by civil magistrates. Any person who shall disobey or resist the lawful orders or authority of a military commissioner shall be tried by a military commission, and upon conviction shall be punished by fine and imprisonment according to the nature and degree of the offense....
“VII. This order will not be construed to excuse civil officers, in any degree, from the faithful discharge of their duties. It is intended to aid the civil authorities, and not to supersede them, except in cases of necessity.”