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6.—PRESIDENT JOHNSON'S MODIFICATION OF THE

ORDER.

HEADQ'RS ARMIES OF THE UNITED STATES,
August 22, 1867.

In view of the precarious condition of General Thomas's health, as represented in the within despatch of Surgeon Hasson, General Thomas will, until further orders, remain in command of the department of the Cumberland. AUGUST 23, 1867. ANDREW JOHNSON.

7.-GENERAL GRANT TO GENERAL SHERIDAN. [By Telegraph, in cipher.] HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., August 24, 1867. General Thomas's orders to relieve you are suspended for the present. Orders will be sent by mail. Relax nothing in consequence of probable change of commands.

U. S. GRANT, General.

Maj. Gen. P. H. SHERIDAN,

New Orleans, Louisiana.

8.-PRESIDENT JOHNSON'S SECOND MODIFICATION

OF THE ORDER.

EXECUTIVE MANSION,

WASHINGTON, D. C., August 26, 1867. SIR: In consequence of the unfavorable condition of the health of Major General George H. Thomas, as reported to you in Surgeon Has son's despatch of the 21st instant, my order dated August 17, 1867, is hereby modified so as to assign Major General Winfield S. Hancock to the command of the fifth military district, created by the act of Congress passed March 2, 1867, and of the military department comprising the States of Louisiana and Texas. On being relieved from the command of the department of the Missouri by Major General P. H. Sheridan, Major General Hancock will proceed directly to New Orleans, Louisiana, and assuming the command to which he is hereby assigned, will, when necessary to a faithful execution of the laws, exercise any and all powersconferred by acts of Congress upon district commanders, and any and all authority pertaining to officers in command of military depart-ments.

Major General P. H. Sheridan will at once turn over his present command to the officer next in rank to himself, and proceeding without delay to Fort Leavenworth, Kansas, will relieve Major General Hancock of the command of the department of the Missouri.

Major General George H. Thomas will, until further orders, remain in command of the department of the Cumberland. Very respectfully, yours, General U. S. GRANT,

ANDREW JOHNSON

Secretary of War ad interim. General Grant's Orders and Telegrams to Military Commanders in the Unreconstructed

States.

1.-GENERAL GRANT TO GENERAL FOSTER, RE

SPECTING GENERAL ORDER 44.*

HEADQ'RS ARMIES OF THE UNITED STATES,

WASHINGTON, D. C., August 7, 1866. Major General J. G. FOSTER, Tullahoma, Fla. General Order No. 44* is not intended to

* See page 122 of Manual of 1866.

apply to offences committed prior to the cl of hostilities. As a rule, no arrests should made under it except where the civil authori refuse to make them. Release all prisoners y may now have whose offences were commit previous to May, 1865. U. S. GRANT, Genera

2.-GENERAL GRANT TO GENERAL SHERIDAN HEADQ'RS ARMIES OF THE UNITED STA WASHINGTON, D. C., August 18, 1866

Major General SHERIDAN,

New Orleans, Louisiana. Instructions to General Foster given so months ago prevent citizens of Florida app ing to other than the United States courts recovery of property sold for taxes. Those structions will be now annulled, and purcha will look to civil courts and the civil-rights for protection. U. S. GRANT, Genera

3.-GENERAL GRANT TO SECRETARY STANTO HEADQ'RS ARMIES OF THE UNITED STA WASHINGTON, November 22, 186 Hon. E. M. STANTON, Secretary of War.

Enclosed please find copy of a communica addressed to Major General Sheridan, under of October 17, 1866, giving my construction the President's proclamations upon certain tary orders. The construction is the same I understood you to entertain at the time. orders referred to have not yet been revol nor has any construction of the effect of President's proclamation upon these orders b officially announced to any but General Sh dan's command.

I would therefore submit whether my struction of the proclamation as above state correct, so that we may have a uniformity action upon this matter throughout the diffe commands.

It is evident to my mind that the provis of the civil-rights bill cannot be properly forced without the aid of Order No. 44, similar one. Even in the State of Kentu General Jeff. C. Davis states that he cannot

force it without the aid of this order.

U. S. GRANT, Genera

To the foregoing communication no ans was ever received; but in answer to a Se resolution, dated January 8, 1867, asking information in relation to violations of the United States in their civil rights and fur entitled "An act to protect all persons in

the means of their vindication," and what s had been taken to enforce the same, the P dent with his message of February 19, 1 submitted, among other papers, Order No which led me to suppose that he regarded i still in force. At this time Congress was cussing and maturing plans of legislation for maintenance and enforcement of law and o in the States lately in rebellion. I there deemed it unnecessary to take further action the premises, but await the result of cong ional action.

briefly and generally the condition of the The preceding correspondence and orders s military district (Florida, Texas, and Louisi

prior to the passage of the military reconstruction bill. As the basis in part of this correspondence, and exhibiting more in detail the condition of affairs in different localities, the reports of subordinate commanders, so far as they are on file in this office, are also herewith submitted. All of these reports have reached here through the regular military channel.

4.-GENERAL GRANT TO GENERAL SHERIDAN.

6.-GENERAL GRANT TO GENERAL SHERIDAN HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., Sept. 21, 1866. Major General SHERIDAN, New Orleans, La. Despatches of 20th received. Your course in regard to riot in Brenham, Texas, right, only I think troops to defend themselves should be sent there without delay. If arms are used against peaceable soldiers, disarm citizens. U. S. GRANT, General.

7.-GENERAL GRANT TO GENERAL SHERIDAN.

HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., October 17, 1866. SIR: Referring to your endorsement upon communications of General J. G. Foster, comHEADQ'RS ARMIES OF THE UNITED STATES, manding district of Florida, of date September WASHINGTON, D. C., October 8, 1866. 18 and 20, relative to the effect of the Presi- Major General SHERIDAN, New Orleans, La. dent's proclamation, &c., I am directed by the Your despatch of 3d instant just received. general-in-chief to enclose you a copy of the Your views about not authorizing volunteers to same, and to say that he construes the proclam- be raised in Texas, ostensibly to put down Ination as nullifying General Order No. 3,* Wardian hostilities, are sustained. With the miliDepartment, Adjutant's General's office, Jan-tary at your command, as full protection can be uary 12, and General Order No. 44,† headquarters of the army, July 6, 1866.‡

I have the honor to be, very respectfully, your obedient servant, GEO. K. LEET, A. A. G. Major General P. H. SHERIDAN,

Commanding Depart. of the Gulf.

5.-GENERAL GRANT TO GENERAL SHERIDAN. HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, November 1, 1866. You will instruct General Foster to refrain from interference with the execution of civil law

in Florida, when the laws of the State are not
in conflict with laws of the United States. It
is alleged that orders given by Colonel Sprague
to officers in Fernandina practically prevent the
execution of civil law. The duty of the mili-
tary is to encourage the enforcement of the civil
law and order to the fullest extent.
By command of General Grant.

General SHERIDAN,

GEO. K. LEET, A. A. G.

Commanding Depart. of the Gulf.

* See page 124 of Manual of 1866.

See page 122 of Manual of 1866.
General Foster's report is as follows, with General
Sheridan's indorsement:

HEADQUARTERS DISTRICT OF FLORIDA,

ASSIST. ADJ. GENERAL'S OFFICE,
TALLAHASSEE, FLA., September 20, 1866.

given to the people of Texas as to any other exposed settlements. You may so instruct Governor Throckmorton. U. S. GRANT, General.

8.-GENERAL GRANT TO GENERAL SHERIDAN. HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., October 11, 1866. Major General SHERIDAN,

Com'g Depart. of the Gulf, New Orleans. Despatches from the Governor of Texas to the President, and newspaper extracts, show Indian

State or municipal authorities the power of arresting and trying our officers and soldiers will be to give into the hands of our late enemies the dislikes. I therefore hope that the supremacy power of retaliation for past injuries and present of the military in all matters of conflict between the United States and municipal authorities, and in all actions under express laws of Congress, may be preserved.

I have some trouble in carrying out the provisions of the "homestead law;" in some localities combinations have been formed to resist the settlement of the negroes, and to drive them off. The freedmen are doing well. I have the honor to be, very respectfully, your obedient servant, J. G. FOSTER, But. Maj. Gen. U. S. Army, Commanding District.

GENERAL: I have the honor to make the fol- Byt. Maj. Gen. GEO. L. HARTSUFF, A. A.G., lowing semi-monthly report of the condition of

affairs in this district:

The state of feeling toward the government and Union and northern men has not improved since my last report, and there have been indications that the old bitter feeling engendered by the war still rankles in the hearts of many of the old secessionists, and that it will find vent in words and actions as soon as a favorable opportunity offers.

In this town, the intendant, assuming that the proclamation of the President, of August 20, fully restored the supremacy of the civil law over the military, essayed to arrest soldiers and employés of the United States, while in the performance of their duties, for trifling infractions of the municipal ordinance. I was obliged to order him peremptorily to desist. To allow the

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Depart. of the Gulf, N. O., La.

[Endorsement.]

HEADQUARTERS DEPARTMENT OF THE GULF, NEW ORLEANS, LA., October 6, 1866. Respectfully forwarded for the information of the general-in-chief.

There has been increased indolence on the part of the functionaries of the civil law in Florida and Texas, growing out of the procla mation of the President.

In Louisiana it has not been so, as the proclamation has never been officially promulgated, and as General Orders Nos. 3 and 44, from headquarters of the army, have not been rescinded, I have gone on in Louisiana as though no proclamation had been issued. P. H. SHERIDAN,

Maj. Gen. U. S. Army.

hostilities to exist on the frontier of that State to an extent requiring immediate attention. Your despatches on the same subject have been received and shown to the President. Please report again the latest information you have on the subject, and in the meantime give such protection as you can with the means at hand. If it is necessary to break up any interior posts, take such as you think may be best spared. U. S. GRANT, General.

9.-GENERAL GRANT TO GENERAL SHERIDAN. HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., October 12, 1866. GENERAL: My despatch of yesterday was sent to you on receipt of the enclosed, which is forwarded for your information. Great care will have to be observed to see that no just cause of complaint can be urged against the army for not giving proper protection to the citizens of Texas against Indian hostilities; at the same time it is equally important that loyal and law-abiding citizens should have protection against the violently disposed in their midst. I am satisfied that you have done and are doing the very best that can be done. Your attention, however, is called to the enclosed, that you may know the apprehensions and desire of the President, and cause such inspection as will enable you to report satisfactorily on the points that give him

uneasiness.

Very respectfully, your obedient servant,
U. S. GRANT, General.

Major General P. H. SHERIDAN,
Com'g Depart. of the Gulf, New Orleans, La.

10.-GENERAL SHERIDAN TO GENERAL GRANT.

HEADQ'RS DEPARTMENT OF THE GULF,

NEW ORLEANS, LA., October 12, 1866. GENERAL: I have the honor to acknowledge the receipt of your despatch of the 11th.

I have no additional news regarding hostility on the Texas frontier, and still believe that there is a great deal of buncombe in the reports.

I have a company of cavalry stationed within a few miles of where the alleged massacre took place, and have no reports from it, and doubt whether it really occurred.

I will, however, send additional troops to the frontier without delay, and hope that the nine (9) companies of the seventeenth infantry, which are now in the north, will be sent to me at once. I have notified the Governor of Texas that I would send an inspector to the frontier, and that I would render such protection as the forces within my control would permit of, and would establish posts in the early spring.

I do not doubt but that the secret of all this fuss about Indian troubles is the desire to have all the troops removed from the interior, and the desire of the loose and lazy adventurers to be employed as volunteers against the Indians under the acts of the State Legislature.

P. H. SHERIDAN,
Major General U. S. Army.

General U. S. GRANT,
Com'ng Armies of the U. S.,

Washington, D. C.

11.-GENERAL GRANT TO SECRETARY OF WAR. OCTOBER 13, 1866

Respectfully referred to the Secretary of War for information. More troops will be sent to General Sheridan immediately-if, indeed, some are not already on the way-which will enable him to give all the protection that troops can give against Indian hostilities. Occasional murders will take place on our frontiers, and would if our people were all soldiers. U. S. GRANT, General.

12.-GENERAL GRANT TO GOV. THROCKMORTON. HEADQ'RS ARMIES OF THE UNITED STATES,

WASHINGTON, D. C., October 20, 1866. SIR: I have the honor to acknowledge the receipt of your communication of 5th instant, urging upon the general government the acceptance of a regiment of volunteers from the State of Texas, to be used in defending the frontier of that State against the incursions of hostile Indians, &c. In reply thereto I would state that General Sheridan has already sent as large a force to the portion of the frontier of Texas infested by Indians as probably can be supplied with forage and provisions during the coming winter. If a large force should still prove necessary, there are enough United States troops on their way or under orders to report to General Sheridan to supply the deficiency. It is deemed, therefore, unadvisable to accept the service of volunteers, whose pay and maintenance would have to be provided for hereafter by a special appropriation of Congress. Very respectfully, your obedient servant, U. S. GRANT, General. His Excellency J. W. THROCKMORTON,

Governor State of Texas, Austin, Texas.

13.-GENERAL GRANT TO GENERAL SHERIDAN. HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., August 3, 1866. Major General SHERIDAN,

New Orleans, Louisiana: Continue to enforce martial law so far as may be necessary to preserve the peace, and do not allow any of the civil authorities to act if you deem such action dangerous to the public safety. Lose no time in investigating and reporting the causes that led to the riot and the facts which occurred. U. S. GRANT, General.

14.-GENERAL GRANT TO GENERAL POPE.

WASHINGTON, D. C., April 21, 1867. MY DEAR GENERAL: Having read Governor I Jenkins's address to the citizens of Georgia, was on the eve of writing you a letter advising his suspension and trial before a military com mission, when your despatch announcing that the Governor had given such assurances as to render your order, in his case, unnecessary, was received. I am now in receipt of the order itself, and your accompanying letter, and have just prepared the enclosed endorsement to go

with it.

My views are that district commanders are responsible for the faithful execution of the

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reconstruction act of Congress, and that in civil | vigilance on the part of military commanders to matters I cannot give them an order. I can give them my views, however, for what they are worth. I presume the Attorney General will give a written opinion on the subject of the power of district commanders to remove civil officers and appoint their successors. When he does, I will forward it to all the district commanders.

be prepared for the prevention and prompt suppression of riots and breaches of the public peace, especially in towns and cities, and that they should have their forces in hand and so posted, on all occasions when disturbances may be apprehended, as to promptly check, and, if possible, to prevent outbreaks and violence endangering public or individual safety.

You will please, therefore, call the attention of the commanders of military districts to this subject, and issue such precautionary orders as may be found necessary for the purpose indiYours truly, EDWIN M. STANTON, Secretary of War.

It is very plain that the power of district commanders to try offenders by military commissions exists. I would advise that commissions be resorted to, rather than arbitrary removals, until an opinion is had from the Attorney Gen-cated. eral, or it is found that he does not intend to give one. Yours, truly, Brevet Major General J. POPE, Commanding Third District.

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U. S. GRANT, General.

1 15.-GENERAL GRANT TO GENERAL POPE. ATLANTA, GA, April —, 1867.

General John Pope, commanding third military district, submits copy of special order which he intends issuing so soon as he ascertains whether Governor Charles J. Jenkins, at the time he issued his address, was aware of his (General P.'s) Order No. 1.*

[Endorsement.]

General U. S. GRANT,

Commanding Armies United States.

The above conveys all the instructions deemed necessary, and will be acted upon by district commanders, making special reports of the precautionary orders issued by them to prevent a recurrence of mobs or other unlawful violence. By command of General Grant. GEO. K. LEET, Assistant Adjutant General.

Brevet Major General JOHN POPE,

Commanding Third Military District. 17.-GENERAL POPE TO GENERAL GEANT. General U. S. Grant,

Commanding Armies United States. Day before yesterday I received a copy of the opinion of the Attorney General on registration, sent me for my information, through the Assistant Adjutant General, by order of the President.

HEADQ'RS ARMIES OF THE UNITED STATES, April- -, 1867. Respectfully forwarded to the Secretary of War for his information. The telegraphic despatch herein enclosed shows that Governor Jenkins, of Georgia, has given such pledges to the Ten days ago I had made, and published, incommander of the third district as to induce him structions to registers, which will have to be to withhold for the present his order suspending dropped if the Attorney General's opinion is the governor. The conduct of the governor enforced. The opinion sent by the President's (Jenkins) demonstrates, however, how possible order does not seem to be an order to me on it is for a discontented civil officer of the unre the subject; but, as there may be room for constructed States to defeat the laws of Congress doubt, I ask that I be informed by telegraph if the power does not exist with district com- whether or not I am ordered by the President to manders to suspend their function for cause in conform my action to the Attorney General's some way. It seems clear to me that the power opinion. I stand ready to obey the President's is given, in the bill" for the more efficient gov-orders on the subject, but I wrote you fully on ernment of the rebel States," to use or not, at the pleasure of district commanders, the provisional machinery set up without the authority of Congress in the States to which the reconstruction acts applies. There being doubt, however, on this point, I would respectfully ask an early opinion on the subject.

If the power of removal does not exist with district commanders, then it will become necessary for them to take refuge under that section of the bill which authorizes military commisU. S. GRANT, General.

sions.

16.-GENERAL GRANT TO GENERAL POPE. HEADQ'RS ARMY OF THE UNITED STATES, WASHINGTON D. C. May 22, 1867. The following is sent to district commanders for their guidance:

WAR DEPARTMENT, WASHINGTON CITY, D. C., May 18, 1867. GENERAL: Recent occurrences in some of the military districts indicate a necessity of great

For order, see page 78 of Manual of 1867, or page 204 of the combined Manual.

the subject yesterday, the probable result of en-
forcing the Attorney General's opinion in this
district; enclosing also copies of my orders and
instructions about registration.
JNO. POPE,

Major General Commanding.

18.-GENERAL GRANT TO GENERAL POPE.

WASHINGTON, June 28, 1867. Major General J. POPE, Atlanta, Georgia.

Your despatch of yesterday received. Enforce your own construction of the military bill, until ordered to do otherwise. The opinion of the Attorney General has not been distributed to district commanders in language or manner entitling it to the force of an order; nor can I suppose that the President intended it to have such force. U. S. GRANT, General.

19.-GENERAL GRANT TO GENERAL ORD. WASHINGTON, June 23, 1867. Brevet Major General E. O. C. ORD,

Commanding the Fourth District. GENERAL: A copy of your final instructions to boards of registration of June 10, 1867, is

just received. I entirely dissent from the views contained in paragraph four. Your view as to the duty of registrars to register every man who will take the required oath, though they may know the applicant perjures himself, is sustained by the views of the Attorney General. My opinion is, that it is the duty of the board of registration to see, so far as it lies in their power, that no unauthorized person is allowed to register. To secure this end, registrars should be allowed to administer oaths and examine witnesses. The law, however, makes district commanders their own interpreters of their power and duty under it, and, in my opinion, the Attorney General or myself can do no more than give our opinion as to the meaning of the law; neither can enforce his views against the judgment of those made responsible for the faithful execution of the law, the district commanders.

Very respectfully, your obedient servant, U. S. GRANT, General.

20.-GENERAL GRANT TO GENERAL POPE.

HEADQ'RS ARMY OF THE UNITED STATES, WASHINGTON, D. C., August 3, 1867. DEAR GENERAL: Your official letter on the subject of reconstruction in the third district, and your private letter accompanying it, are received, and I have read both with care. I think your views are sound, both in the construction which you give to the laws of Congress and the duties of the supporters of good government, to see that, when reconstruction is effected, no loop-hole is left open to give trouble and embarrassment hereafter. It is certainly the duty of district commanders to study what the framers of the reconstruction laws wanted to express, as much as what they do express, and to execute the law according to that interpretation. This, I believe, they have generally done, and, so far, have the approval of all who approve the congressional plan of reconstruction. Very truly, yours,

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U. S. GRANT, General. Brevet Major General JNO. POPE, Commanding Third Mil. Dist., Atlanta, Ga.

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23. GENERAL GRANT TO PRESIDENT JOHNSON. WASHINGTON, D. C., October, 1867. Andrew Johnson, President of the United States, refers letter of Hon. Charles J. Jenkins, of Georgia, dated October 18, 1867, relative to apportionment of delegates to counties, instead of senatorial districts, in State of Georgia.

[Endorsement.]

HEADQUARTERS UNITED STATES ARMY, October 24, 1867. Respectfully returned to the President of the United States. It seems to me it would have been better to have apportioned delegates to counties instead of senatorial districts in the State of Georgia, but in view of the nearness of the election in that State, (on the 29th inst.,) I do not see how the matter can be corrected now. I have, however, sent the following despatch to General Pope:

WASHINGTON, D. C., October 24, 1867. Major General JOHN POPE, Atlanta, Georgia.

Should not delegates to convention in Georgia be chosen by counties instead of by senatorial districts, to comply fully with the law? Could not a change be made in your election order in time for election in that State?

U. S. GRANT, General.

24.-GENERAL POPE TO GENERAL GRANT.

ATLANTA, GEORGIA, October 25, 1867.

General U. S. GRANT:

If you will examine the returns of registra tion sent you for Georgia, you will see that the apportionments cannot be made by counties without giving very unequal representation. The counties are small and numerous, and in many cases two or three would have to be united to make voters enough for one delegate. Please try and make the apportionment by counties, and you will see that it is not prac ticable. I tried it for two days. The districts are precisely as they were established by State laws, and on examination you will find that the apportionment is based precisely on voters, and is in all respects the fairest that could be made on the basis of registered voters. It is too late now to change, and certainly no man in Georgia can complain because I have taken the districts established by State laws. I wrote you fully on the subject day before yesterday. My purpose was to make as little change as possible in local divisions in the State known and recognized by State laws. You will receive my letter to-mor row. I send to-day a map of Georgia, with number of registered voters for each county written on face of county. Please see if it be possible to make fairer apportionment than we have done. JOHN POPE,

But. Major General.

25.-GENERAL GRANT TO GENERAL POPE.

HEADQ'RS ARMY OF THE UNITED STATES, WASHINGTON, D. C., October 30, 1867. GENERAL: Your reply to my letter suggesting a revocation of your order suspending State aid to the Georgia University, or rather your reply to B. H. Hill (and others') application for such revocation, is received. I am abundantly satisfied myself with your explanation and hope no more will be heard about it. But your reply,

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