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6.-PRESIDENT JOHNSON'S MODIFICATION OF THE | apply to offences committed prior to the close ORDER.

of hostilities. As a rule, no arrests should be HEADQ'RS ARMIES OF THE UNITED STATES, made under it except where the civil authorities

August 22, 1867.

refuse to make them. Release all prisoners you In view of the precarious condition of Gen- may now have whose offences were committed eral Thomas's health, as represented in the previous to May, 1865. within despatch of Surgeon 'Hasson, General

U. S. GRANT, General. Thomas will, until further orders, remain in command of the department of the Cumberland. 2.-GENERAL GRANT TO GENERAL SHERIDAN.

AUGUST 23, 1867. ANDREW JOHNSON. HEADQ'RS ARMIES OF THE UNITED STATES, 7.-GENERAL GRANT TO GENERAL SHERIDAN.

WASHINGTON, D. C., August 18, 1866. [By Telegraph, in cipher.]

Major General SHERIDAN,
HEADQ'RS ARMIES OF THE UNITED STATES,

New Orleans, Louisiana.
WASHINGTON, D.C., August 24, 1867.

| Instructions to General Foster given some

I. General Thomas's orders to relieve you are months ago prevent citizens of Florida appeal. suspended for the present. Orders will be sent ing to other than the United States courts for by mail. Relax nothing in consequence of pro- recovery of property sold for taxes. Those inbable change of commands.

structions will be now annulled, and purchasers U. S. Grant. General. will look to civil courts and the civil rights bill Maj. Gen. P. H. SHERIDAN,

for protection. U.S. GRANT, General. New Orleans, Louisiana.

3.-GENERAL GRANT TO SECRETARY STANTON. 8.-PRESIDENT JOHNSON'S SECOND MODIFICATION

HEADQ'RS ARMIES OF THE UNITED STATES, OF THE ORDER.

WASHINGTON, November 22, 1866.
EXECUTIVE MANSION,

Hon. E. M. STANTON, Secretary of War.
WASHINGTON, D. C., August 26, 1867.

Enclosed please find copy of a communication SIR: In consequence of the unfavorable con- I addressed to Major General Sheridan, under date dition of the health of Major General George

of October 17, 1866, giving my construction of H. Thomas, as reported to you in Surgeon Has

the President's proclamations upon certain milison's despatch of the 21st instant, my order

tary orders. The construction is the same that dated August 17, 1867, is hereby modified so as

I understood you to entertain at the time. The to assign Major General Winfield S. Hancock to orders referred to have not yet been repoked, the command of the fifth military, district, cre- nor has any construction of the effect of the ated by the act of Congress passed March 2, 1867, President's proclamation upon these orders been and of the military department comprising the officially announced to any but General Sheri. States of Louisiana and Texas. On being redan's command. lieved from the command of the department of I would therefore submit whether my con. the Missouri by Major General P. H. Sheridan, struction of the proclamation as above stated is Major General Hancock will proceed directly to correct, so that we may have a uniformity of New Orleans, Louisiana, and assuming the com- action upon this matter throughout the differont mand to which he is hereby assigned, will, when commands. necessary to a faithful execution of the laws, ex

| It is evident to my mind that the provisions ercise any and all powersconferred by acts of of the civil-rights bill cannot be properly on. Cougross upon district commanders, and any and forced without the aid of Order No. 44, or a all authority pertaining to officers in 'command similar one. Even in the State of Kentucky. of military depart-ments.

General Jeff. C. Davis states that he cannot en. Major General P. H. Sheridan will at once force it without the aid of this order. turn over his present command to the officer

U. 8. GRANT, General. next in rank to himself, and proceeding without delay to Fort Leavenworth, Kansas, will relieve

To the foregoing communication no answn Major General Hancock of the command of the

of the was ever received; but in answer to a Senats

resolution, dated January 8, 1867, asking for department of the Missouri.

Major General George H. Thomas will. until information in relation to violations of the act further orders, remain in command of the de

entitled "An act to protect all persons in the

United States in their civil rights and furnish partment of the Cumberland.

the means of their vindication, and what steps Very respectfully, yours, ANDREW JOHNSON General U.S. GRANT,

had been taken to enforce the same, the Presi.

dent with his message of February 19, 1867, Secretary of War ad interim.

submitted, among other papers, Order No. 44, General Grant's Orders and Telegrams to Mili- which led me to suppose that he regarded it al

tary Commanders in the Unreconstructed still in force. At this time Congress was disStates.

cussing and maturing plans of legislation for the 1.--GENERAL GRANT TO GENERAL FOSTER, RE- maintenance and enforcement of law and order SPECTING GENERAL ORDER 44.*

in the States lately in rebellion. I therefore HEADQ'RS ARMIES OF THE UNITED STATES,

deemed it unnecessary to take further action in WASHINGTON, D, C., August 7, 1866.

Louist 17 1866

1

| the premises, but await the result of congressMajor General J. G. FOSTER, Tullahoma, Fla.

ional action. General Order No. 44* is not intended to briefly and generally the condition of the fifth

I The preceding correspondence and orders show * See page 122 of Manual of 1866.

I military district (Florida, Texas, and Louisiana)

prior to the passage of the military reconstruc-16.-GENERAL GRANT TO GENERAL SHERIDAN tion bill. As the basis in part of this corres - HEADQ'RS ARMIES OF THE I'VITED STATES, pondence, and exhibiting more in detail the con

WASHINGTON, D. C., Sept. 21, 1866. dition of affairs in different localities, the reports

Major General SHERIDAN, New Orleans, La. of subordinate commanders, so far as they are Despatches of 20th received. Your course in on file in this office, are also herewith submitted. regard to riot in Brenham, Texas, right, only I All of these reports have reached here through think troops to defend themselves should be sent the regular military channel.

there without delay. If arms are used against

peaceable soldiers, disarm citizens. 4.-GENERAL GRANT TO GENERAL SHERIDAN.

U.S. GRANT, General. • HEADQ'RS ARMIES OF THE UNITED STATES,

WASHINGTON, D. C., October 17, 1866. SIR: Referring to your endorsement upon

7.-GENERAL GRANT TO GENERAL SHERIDAN. communications of General J. G. Foster, com

HEADQ'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, ustensibly to put down Ination as nullifying General Order No. 3.* War dian 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,+ headquar- 1 given to the people of Texas as to any other ters of the army, July 6, 1866.1

exposed settlements. You may so instruct Gov. I have the honor to be, very respectfully, your ernor Throckmorton. U. S. GRANT, General. obedient servant, GEO. K. LEET, A. A. G. Major General P. H. SHERIDAN,

8.- GENERAL GRANT TO GENERAL SHERIDAN. Commanding Depart. of the Gulf.

HEADQ'RS ARMIES OF THE UNITED STATES,

WASHINGTON, D.C., October 11, 1866. 5.-GENERAL GRANT TO GENERAL SHERIDAN. Major General SHERIDAN, HEADQ'RS ARMIES OF THE UNITED STATES, I

Com'g Depart. of the Gulf, New Orleans. WASHINGTON, November 1, 1866. Despatches from the Governor of Texas to the You will instruct General Foster to refrain President, and newspaper extracts, show Indian from interference with the execution of civil law in Florida, when the laws of the State are not

State or municipal authorities the power of arin conflict with laws of the United States. It

resting and trying our officers and soldiers will is alleged that orders given by Colonel Sprague

be to give into the hands of our late enemies the to officers in Fernandina practically prevent the power of retaliation for past injuries and present execution of civil law. The duty of the mili

dislikes. I therefore hope that the supremacy tary is to encourage the enforcement of the civil

of the military in all matters of conflict between law and order to the fullest extent.

the United States and municipal authorities, and By command of General Grant.

in all actions under express laws of Congress, GEO. K. LEET, A. A. G. General SHERIDAN,

may be preserved.

I have some trouble in carrying out the proCommanding Depart. of the Gulf.

visions of the "homestead law;" in some locali

ties combinations have been formed to resist the * See page 124 of Manual of 1866. + See page 122 of Manual of 1866.

settlement of the negroes, and to drive them off. General Foster's report is as follows, with General The freedmen are doing well. Sheridan's indorsement:

I have the honor to be, very respectfully, your HEADQUARTERS DISTRICT OF FLORIDA, obedient servant.

J. G. FOSTEK, Assist. ADJ. GENERAL'S OFFICE,

But. Maj. Gen. U. S. Army, TALLAHASSEE, FLA., September 20, 1866.

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

Depart. of the Gulf, N. O., La. affairs in this district : The state of feeling toward the government

[Endorsement.] and Union and northern men has not improved HEADQUARTERS DEPARTMENT OF THE GULF, since my last report, and there have been indi.

NEW ORLEANS, LA., October 6, 1866. cations that the old bitter feeling engendered by Respectfully forwarded for the information of the war still rankles in the hearts of many of the general-in-chief. the old secessionists, and that it will find vent There has been increased indolence on the in words and actions as soon as a favorable op. part of the functionaries of the civil law in portunity offers.

Florida and Texas, growing out of the procla. In this town, the intendant, assuming that mation of the President. the proclamation of the President, of August 20,1 In Louisiana it has not been so, as the procfully restored the supremacy of the civil law lamation has never been officially promulgated, over the military, essayed to arrest soldiers and and as General Orders Nos. 3 and 44, from headeniployés of the United States, while in the per-quarters of the army, have not been rescinded, formance of their duties, for trifling infractions I have gone on in Louisiana as though no procof the municipal ordinance. I was obliged to lamation had been issued. P. H. SHERIDAN, order him peremptorily to desist. To allow thel

Maj. Gen. T. S. Army. D.

hostilities to exist on the frontier of that State 11.-GUNERAL GRANT TO SECRETARY OF WAR. to an extent requiring immediate attention.

OCTOBER 13, 1866 Your despatches on the same subject have been Respectfully referred to the Secretary of War received and shown to the President. Please for information. More troops will be sent to report again the latest information you have on General Sheridan immediately if, indeed, some the subject, and in the meantime give such pro.

are not already on the way, which will enable tection as you can with the means at hand. If

him to give all the protection that troops can it is necessary to break up any interior posts,

give against Indian hostilities. Occasional take such as you think may be best spared. murders will take place on our frontiers, and U. S. GRANT, General. I would if our people were all soldiers.

U. S. GRANT, General. 9.-GENERAL GRANT TO GENERAL SHERIDAN.

HEADQ’RS ARMIES OF THE UNITED STATES, 12.-GENERAL GRANT TO GOV. THROCKMORTON.
WASHINGTON, D.C., October 12, 1866.

HEADQ'RS ARMIES OF THE UNITED STATES, GENERAL: My despatch of yesterday was sent

WASHINGTON, D. C., October 20, 1866. to you on receipt of the enclosed, which is for- SIR: I have the honor to acknowledge the warded for your information. Great care will receipt of your communication of 5th instant, have to be observed to see that no just cause of urging upon the general government the acceptcomplaint can be urged against the army for not lance of a regiment of volunteers from the State giving proper protection to the citizens of Texas of Texas, to be used in defending the frontier of against Indian hostilities ; at the same time it is that State against the incursions of hostile Inequally important that loyal and law-abiding dians, &c. In reply thereto I would state that citizens should have protection against the vio- General Sheridan has already sent as large & lently disposed in their midst. I am satisfied force to the portion of the frontier of Texas inthat you have done and are doing the very best fested by Indians as probably can be supplied that can be done. Your attention, however, is with forage and provisions during the coming called to the enclosed, that you may know the winter. If a large force should still provo apprehensions and desire of the President, and necessary, there are enough United States troops cause such inspection as will enable you to re-l on their way or under orders to report to Gen. port satisfactorily on the points that give him eral Sheridan to supply the deficiency. It is uneasiness.

| deemed, therefore, unadvisable to accept the serVery respectfully, your obedient servant, vice of volunteers, whose pay and maintenance

U.S. GRANT, General. I would have to be provided for hereafter by a Major General P. H. SHERIDAN,

special appropriation of Congress. Com'g Depart. of the Gulf, New Orleans, La.

Very respectfully, your obedient servant,

U.S. GRANT, General. 10.-GENERAL SHERIDAN TO GENERAL GRANT.

| His Excellency J. W. THROCKMORTON, HEADQ'RS DEPARTMENT OF THE GULF,

Governor State of Texas, Austin, Texas, NEW ORLEANS, LA., October 12, 1866. GENERAL: I have the honor to acknowledge 13.-GENERAL GRANT TO GENERAL SHERIDAN. the receipt of your despatch of the 11th.

HEADQ'RS ARMIES OF THE UNITED STATES, I have no additional news regarding hostility

WASHINGTON, D. C., August 3, 1866. on the Texas frontier, and still believe that there Major General SHERIDAN, 18 a great deal of buncombe in the reports.

New Orleans, Louisiana : I have a company of cavalry stationed within Continue to enforce martial law so far as may a few miles of where the alleged massacre took be necessary to preserve the peace, and do not place, and have no reports from it, and doubt allow any of the civil authorities to act if you whether it really occurred.

deem such action dangerous to the public safety. I will, however, send additional troops to the Lose no time in investigating and reporting, the frontier without delay, and hope that the nine causes that led to the riot and the facts which (9) companies of the seventeenth infantry, which occurred.

U. S. GBANT, General. 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

14.-GENERAL GRANT TO GENERAL POPE. I would render such protection as the forces

WASHINGTON, D. C., April 21, 1867. within my control would permit of, and would! MY DEAR GENERAL: Having read Governor establish posts in the early spring.

Jenkins's address to the citizens of Georgia, I I do not doubt but that the secret of all this was on the eve of writing you a letter advising fuss about Indian troubles is the desire to have his suspension and trial before a military com. all the troops removed from the interior, and the mission, when your despatch announcing that desire of the loose and lazy adventurers to be the Governor had given such assurances as to employed as volunteers against the Indians un render your order, in his case, unnecessary, was der the acts of the State Legislature.

received. I am now in receipt of the order P. H. SHERIDAN, itself, and your accompanying letter, and have

Major General U. S. Army. just prepared the enclosed endorsement to go General U. S. GRANT,

with it. Com'ng Armies of the U. S.,

My views are that district commanders are Washington, D. C. Tresponsible for the faithful execution of the

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 be prepared for the prevention and prompt supgive them my views, however, for what they pression of riots and breaches of the public are worth.

peace, especially in towns and cities, and that I presume the Attorney General will give a they should have their forces in hand and so written opinion on the subject of the power of posted, on all occasions when disturbances may district commanders to remove ciyil officers and be apprehended, as to promptly check, and, if appoint their successors. When he does, I will possible, to prevent outbreaks and violence enforward it to all the district commanders. dangering public or individual safety.

It is very plain that the power of district. You will please, therefore, call the attention commanders to try offenders by military com- of the commanders of military districts to this missions exists. I would advise that commissions subject, and issue such precautionary orders as be resorted to, rather than arbitrary removals, | may be found necessary for the purpose indiuntil an opinion is had from the Attorney Gen-cated. Yours truly, 'EDWIN M. STANTON, eral, or it is found that he does not intend to give one.

Secretary of War. o General U. S. GBANT. * Yours, truly, U. S. GRANT, General.

Commanding Armies United States. Brevet Major General J. POPE,

The above conveys all the instructions deemed Commanding Third District.

necessary, and will be acted upon by district

commanders, making special reports of the pre15.GENERAL GRANT TO GENERAL POPE. cautionary orders issued by them to prevent a ATLANTA, GA, April - 1867. recurrence of mobs or other unlawful violence.

By command of General Grant. General John Pope, commanding third mili

GEO. K. LEET, tary district, submits copy of special order

Assistant Adjutant General. which he intends issuing so soon as he ascertains whether Governor Charles J. Jenkins, at the

Brevet Major General John POPE time he issued his address, was aware of his

Commanding Third Military District. (General P.'s) Order No. 1.**

17.-GENERAL POPE TO GENERAL GRANT. [Endorsement.)

General U. S. GRANT,
HEADQ'RS ARMIES OF THE UNITED STATES, Commanding Armies United States.

April - 1867. 1 Day before yesterday I received a copy of the Respectfully forwarded to the Secretary of opinion of the Attorney General on registration, War for his information. The telegraphic des sent me for my information, through the Assistant patch herein enclosed shows that Governor Jen- Adjutant General, by order of the President. kins, 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 subject yesterday, the probable result of enthe pleasure of district commanders, the provis- forcing the Attorney General's opinion in this ional machinery set up without the authority district; enclosing also copies of my orders and of Congress in the States to which the recon instructions about registration. JNO. POPE, struction acts applies. There being doubt, how

Major General Commanding. ever, on this point, I would respectfully ask an early opinion on the subject.

18.-GENERAL GRANT TO GENERAL POPE. If the power of removal does not exist with

WASHINGTON, June 28, 1867. district commanders, then it will become neces- Major General J. POPE, Atlanta, Georgia. sary for them to take refuge under that section Your despatch of yesterday received. Enforce of the bill which authorizes military commis- your own construction of the military bill, until sions. U. S. GBANT, General. ordered to do otherwise. The opinion of the

Attorney General has not been distributed to 16.--GENERAL GRANT TO GENERAL POPE. district commanders in language or manner enHEADQ'RS ARMY OF THE UNITED STATES, titling it to the force of an order; nor can I sup

WASHINGTON D. C. May 22, 1867. 'pose that the President intended it to have such The following is sent to district commanders force.

U. S. GRANT, General. for their guidance:

WAR DEPARTMENT I 19.-GENERAL GRANT TO GENERAL ORD. WASHINGTON CITY, D. C., May 18, 1867.

WASHINGTON, June 23, 1867. GENERAL: Recent occurrences in some of the Brevet Major General E.O.C. ORD, military districts indicate a necessity of great

Commanding the Fourth District. *For order, see page 78 of Manual of 1867, or page 20+ of

GENERAL: A copy of your final instructions the combined Manual.

"I to boards of registration of June 10, 1867, is just received. I entirely dissent from the viewe! 23.-GENERAL GRANT TO PRESIDENT JOHNSON, contained in paragraph four. Your view as to

WASHINGTON, D. C., October, 1867. the duty of registrars to register every man Andrew Johnson. President of the United who will take the required oath, though they states, refers letter of Hon. Charles J. Jenkins. may know the applicant perjures himself, is sus- of Georgia, dated October 18, 1867, relative to tained by the views of the Attorney General, apportionment of delegates to counties, instead My opinion is, that it is the duty of the board of senatorial districts, in State of Georgia. of registration to see, so far as it lies in their power, that no unauthorized person is allowed

[Endorsement.] to register. To secure this end, registrars should

HEADQUARTERS UNITED STATES ARMY, be allowed to administer oaths and examine

October 24, 1867. witnesses. The law, however, makes district Respectfully returned to the President of the commanders their own interpreters of their United States. It seems to me it would have power and duty under it, and, in my opinion, | been better to have apportioned delegates to the Attorney General or myself can do no more counties instead of senatorial districts in the than give our opinion as to the meaning of the State of Georgia, but in view of the nearness law; neither can enforce his views against the of the election in that State, (on the 29th inst.,) judgment of those made responsible for the

I do not see how the matter can be corrected faithful execution of the law, the district com

now. I have, however, sent the following des. manders.

patch to General Pope: Very respectfully, your obedient servant,

WASHINGTON, D. C., October 24, 1867. U.S. GRANT, General. Major General Joan Pope, Atlanta, Georgia.

Should not delegates to convention in Georgia be chosen

by counties instead of by senatorial districts, to comply fully 20.-GENERAL GRANT TO GENERAL POPE. with the law? Could not a change be made in your elec

tion order in time for election in that State? HEADQ'RS ARMY OF THE UNITED STATES,

U. S. GRANT, General. WASHINGTON, D. C., August 3, 1867. DEAR GENERAL: Your official letter on the subject of reconstruction in the third district,

24.--GENERAL POPE TO GENERAL GRANT. and your private letter accompanying it, are

ATLANTA, GEORGIA, October 25, 1867. received, and I have read both with care. I General U. S. GRANT: think your views are sound, both in the con. If you will examine the returns of registra. struction which you give to the laws of Congress tion sent you for Georgia, you will see that the and the duties of the supporters of good gov. apportionments cannot be made by counties ernment, to see that, when reconstruction is ef- without giving very unequal representation. fected, no loop-hole is left open to give trouble The counties are small and numerous, and in and embarrassment hereafter. It is certainly many cases two or three would have to be the duty of district commanders to study what united to make voters enough for one delegate. the framers of the reconstruction laws wanted Please try and make the apportionment by to express, as much as what they do express, and counties, and you will see that it is not practo execute the law according to that interpreta- ticable. I tried it for two days. The districts tion. This, I believe, they have generally done, are precisely as they were established by State and, so far, have the approval of all who ap- laws, and on examination you will find that the prove the congressional plan of reconstruction. apportionment is based precisely on voters, and

is in all respects the fairest that could be made Very truly, yours,

on the basis of registered voters. It is too late U.S. GRANT, General. now to change, and certainly no man in Georgia Brevet Major General Jno. POPE,

can complain because I have taken the districts Commanding Third Mil. Dist., Atlanta, Ga. established by State laws. I wrote you fully on

the subject day before yesterday. My purpose 21.-GENERAL POPE TO GENERAL GRANT,

was to make as little change as possible in local

divisions in the State known and recognized by General U. S. GRANT, Commanding Armies.

State laws. You will receive my letter to.mor. Shall I publish the order requiring jurors in row. I send to-day a map of Georgia, with this district to take the test-oath as by your in- number of registered voters for each county structions, or on my own authority? I had just written on face of county. Please see if it be made an order, but, fortunately, not distrib- possible to make fairer apportionment than we uted it, to require jurors to be drawn from the have done.

John POPE, list of registered voters.

But. Major General. Joan POPE, Major General.

25.-GENERAL GRANT TO GENERAL POPE. 22.-GENERAL GRANT TO GENERAL POPE.

HEADQ'RS ARMY OF THE UNITED STATES, WASHINGTON, August 14, 1867.

WASHINGTON, D.C., October 30, 1867. Brevet Major General J. POPE,

GENERAL: Your reply to my letter suggesting Atlanta, Georgia.

a revocation of your order suspending State aid Publish the jury order which you had prepared. to the Georgia Üniversity, or rather your reply The only object in distributing General Griffin's to B. H. Hill (and others') application for such order was to secure a jury system which will revocation, is received. I am abundantly satisgive protection to all classes.

fied myself with your explanation and hope na U. S. GRANT, General. Imore will be heard about it. But your reply,

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