"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."
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 newspaper report, which is a pretty accurate one, of what I said, and which will show that I have at least done my duty in that regard, if not more.