« AnteriorContinuar »
which I real to the President and cabinet, was / administration of the military reconstruction sent for last evening, and may result in some acts requires the removal of said treasurer, and letter, suggestion, or opinion.
the appointment of some person in his stead, In your letter you say that the subject of the under section 2 of said supplementary act of Georgia University controversy will be submit- July 19, who will respect the authority of Conted to the convention. I would advise that you gress, the orders of military commanders, and submit nothing to it officially except the laws of the ordinance of the convention under the same. Congress authorizing the convention and de- ! Should the comptroller general of the State, fining its duties. A convention is a sort of as General Pope seems to fear he may, decline original body to enact laws, or rather to frame to execute the ordinance of the convention, then restrictions and to establish powers within which he, too, should be removed. U.S. GRANT, legislative bodies may act. Under such circum
General. stances, it would seem out of place for any au
28.—GENERAL MEADE TO GENERAL GRANT. thority to submit questions to such conventions General US CD
lons General U. S. GRANT. as are now being elected in the military districts.
The passage of ordinances by the convention Yours, truly, U.S. GRANT, General.
of Alabama and Georgia enacting stay-laws is Bvt. Maj. Gen. JOHN POPE,
producing great suffering in these States, by Com. Third Mil. Dist.
causing expedition to be made in making levies,
in anticipation of these ordinances having the 26.-GENERAL GRANT TO GENERAL POPE.
force of law. WASHINGTON, December 23, 1867.
Advantage is being taken of the interval of Byt. Maj. Gen. John POPE, Atlanta, Ga. time before these ordinances are laws to hurry
The constitutions adopted by the conventions levies and executions, thus causing these ordinow in session are not the law of the States nances, intended as measures of relief, to become until submitted to the people and ratified by in reality the means of increasing and greatly them. I do not see, therefore, how you can en- aggravating the burden of the people. I am, force laws enacted by them until so ratified. therefore, inclined to adopt these ordinances as U. S. Grant, General. the act of the military authority, and declare
I them to have force until the question is settled 27.-GENERAL GRANT TO GENERAL POPE. as to the adoption or rejection of the constitution
ATLANTA, GEORGIA, December 27, 1867. enacting them. I refer to you, because your General John Pope, commanding third district, telegram of December 23 is adverse to enforcing relative to refusal of State treasurer, Jolin Jones, any of the ordinances of the convention prior of Georgia, to pay the members of convention in to the adoption of the constitution, and to obGeorgia.
tain your approval of my proposed action. [Endorsement.]
Please answer immediately.
G. G. MEADE, Major General.
29.-GENERAL GRANT TO GENERAL MEADE. authorized by act of Congress passed March 23, 1867, supplementary to an act entitled "An active.
• WASHINGTON, January 10, 1868. to provide for the more efficient government of M
Major General G. G. MEADE, Atlanta, Georgia. the rebel States," of March 2, 1867, to levy upon
As district commander, I think you will be and collect a sufficient amount of taxes on the
perfectly justifiable in adopting as your own property of the State as was necessary to pay
order the stay-laws proposed in the constitutions the expenses of the same. The ordinance passed
to be submitted to the people of Alabama and by the convention for the purpose, and the order
Georgia. This course is different from adopting of the military commander to the State treasurer
as law the provisions of the constitutions in adendorsed thereon, is in conformity to the letter
vance of their ratification. and spirit of said acts and the acts supplement
U.S. GRANT, General. ary thereto, of July 19, 1867. The government, under the constitution of the State of Georgia, 30.- GENERAL MEADE TO GENERAL GRANT. adopted in 1865, which said treasurer sets up as General U. S. GRANT. a bar to his compliance with said ordinance, is I have had a conference with Governor Jenby the said acts of Congress specifically declared, kins, and exerted all my influence to induce him with the governments of other States lately in to consider the appropriation by the convention rebellion, therein named, to be “not legal State as an appropriation made by law and not incongovernments; and that thereafter, said govern- sistent with the provisions of the Georgia conments, if continued, were to be continued substitution, and urged him to sign the warrant ject in all respects to the military commanders required by the treasury. The governor deof the respective districts and the paramount clined, and there is no other alternative but the authority of Congress.”
exercise of my power to obtain control of the Section 11 of said supplementary act of July State treasury. To avoid making any more 19, provides : “ That all the provisions of this changes than are required to effect the object, act and of the acts to which this is supplementary and also the difficulty of finding a suitable pershall be construed liberally, to the end that all son, and the question of bonds, I propose to the interests thereof may be fully and perfectly remove only the treasurer, and to assign to the carried out."
duty Brevet Brigadier General Ruger, with inIt is clear, from the correspondence between structions to continue payments as heretofore, General Pope and the treasurer, that the proper lin accordance with the existing laws of the proved.
State, and to make such payments to the con- ' 36.-GENERAL GRANT TO GENERAL MEADE. vention as I shall authorize, checking thus un- HEADQUARTERS ARMY OF THE UNITED STATES, necessary expenditures. I see no other mode of
WASHINGTON, April 29, 1868. supplying the wants of the convention, and the
Major General G. G. MEADE, continuance in session is dependent upon its
Atlanta, Georgia. wants being immediately supplied. It is probable other steps may have to be taken before the
| I have carefully read your letter of 16th of money can be secured, as it is intimated that an
April and its enclosures. I see nothing in thera issue will be made with the view of testing the
to change my opinion as expressed to you in any
despatch of March 2, 1868.' The officers elected invalidity of my power. Your approval or disapproval is asked at once.
under the new constitution of Georgia are not Geo. G. MEADE, Major General.
officers of the provisional government referred
to in the reconstruction acts, nor are they officers 31.-GENERAL GRANT TO GENERAL MEADE.
elected under any so-called State authority, and
| are not, therefore, required to take the oath preWASHINGTON, January 10, 1868. · Iscribed in section 9, act of July 19, 1867. The Major General G. G. MEADE, Atlanta, Ga.
eligibility to hold office must be determined by Plan proposed in your despatch of last even. I the new constitution and the amendment to the ing to remove State treasurer of Georgia is ap- Constitution of the United States, designated as U.S. GRANT, General. article 14.
U. S. GRANT, General. 32.-GENERAL GRANT TO GENERAL MEADE. WASHINGTON, January 13, 1868.
General Grant's Order Respecting the Rostara. Major General G. G. MEADE, Atlanta, Ga.
tion of Removod Civil Officers. I would not advise interference with elections HEADQUARTERS OF THE ARMY, ordered by the Alabama convention, unless very
ADJUTANT GENERAL'S OFFICE, Batisfactory reasons exist for doing so.
WASHINGTON, August 29, 1867. U. S, GRANT, General. Special Orders, No. 420.
Commanders of the military districts created 33.-GENERAL GRANT TO GENERAL MEADE.
under the act of March 2, 1867, will make no WASHINGTON, January 13, 1868.
appointments to civil office of persons who have Major General G. G. MEADE, Atlanta, Ga.
been removed by themselves or their predecesYou will perceive by the reconstruction acts
sors in command. that “conventions are to frame constitutions
By command of General GRANT.
E. D. TOWNSEND, and civil governments for their respective States," which clearly implies authority to order
Assistant Adjutant General. the election of officers thereunder, and in fixing the day of election Alabama has only followed Extract from General Grant's Report as Secroa well-established precedent. The governments
tary of War ad interim, Referring to Roconelected cannot assume authority, except under struction, November, 1867. orders from the district commander or after ac
By act of Congress the ten southern States tion of Congress upon their constitution. U. S. GRANT, General.
which have no representation in the national councils are divided into five military districts,
each commanded by an officer of the army of 34.-GENERAL GRANT TO GENERAL MEADE.
not less rank than brigadier general. The WASHINGTON, January 17, 1868. powers of these coinmanders are both civil and Major General G. G. MEADE, Atlanta, Ga. military. So far as their military duties are
Congress unquestionably can determine upon concerned, they are under the same subordinathe questions presented by the governor of tion to the General of the army and Secretary Florida, whatever may be the authority of dis- of War that department commanders are. In trict commanders over such cases. General their civil capacity they are entirely indepenPope having practically settled the matter com-dent of both the General and Secretary, except plained of by his action before you assumed in the matters of removals, appointment, and command of the third district, it is deemed judi- detail, where the General of the army has the cious not to interfere with the meeting of the same powers as have district commanders. It convention at the time ordered by him, but is but fair to the district commanders, however, leave the whole matter to Congress in its final to state that, while they have been thus indeaction. U.S. GRANT, General. pendent in their civil duties, there has not been
one of them who would not yield to a positively 35.-GENERAL GRANT TO GENERAL MEADE. expressed wish, in regard to any matter of civil
WASHINGTON, January 25, 1868. administration, from either of the officers placed Major General G. G. MEADE, Atlanta, Ga. over then by the Constitution or acts of Con
Will it not be well to extend the number of gress, so long as that wish was in the direction days the polls are to be kept open at the Ala. of a proper execution of the law for the execubama election, in order to give full opportunity tion of which they alone are responsible. I am to all who register to vote? Two days will pleased to say that the commanders of the five hardly give sufficient time. It would be better military districts have executed their difficult to amend General Pope's order now than after trust faithfully and without bias from any judge the election had comnienced.
ment of their own as to the merit or demerit of U. S. GRANT, General. I the law they were executing.
FIRST MILITARY DISTRICT
thirty-six thousand white male adults, and Comprises the State of Virginia, Brevet Major eighty-seven thousand colored male adults General J. M. Schofield commanding. In as. This indicates that the number of whites dissuming command, the principle was announced
franchised, or who have failed to register, is about by General Schofield that the military power
nineteen thousand, and that about fifteen thou. conferred by act of Congress on the district
sand more colored mon have registered than commander would be used only so far as was were on the tax lists. Hence it may be inferred necessary to accomplish the purposes for which that nearly all male adults, white or colored, not the power was conferred. The civil government disfranchised, have registered. was interfered with only when necessary, and! The principle upon which the apportionment the wisdom of the policy has been demonstrated was made was to give separate representations by the result. The instances of complaint of to the smallest practicable subdivisions of the the action of the civil courts became exceedingly State, and where fractions remained over to so rare. Still the evil which existed prior to the act combine counties in election districts as to justly of Congress of March 2, 1867, though mitigated represent those portions. This is believed to be by the increased efficiency of civil officers, was
the fairest mode of apportionment practicable not removed. It was an evil in the jury system,
was an evil in the inry system under the law. apparent at all times, and fully developed by
SECOND MILITARY DISTRIOT the natural antagonism between loyalist and Comprises the States of North Carolina and rebel, or the prejudice between white and black, South Carolina, Brevet Major General E. R. S. existing throughout the South since the rebellion. Canby, commanding. Major General Daniel E. The first idea was to admit blacks on juries and Sickles, who was originally assigned to the com. prescribe a test of loyalty. But as the require- mand of this district, was relieved, and General ment of a unanimous verdict must give very Canby assigned by the following order of the inadequate protection where strong prejudice of President: class or caste exists, and as a military change (General Orders No. 80.-See Chap. Proclamaof jury system would be but temporary, it was tions and Orders.)
"In order to secure a more efficient administration of jus. tice it was deemed necessary to place all sheriffs and other
municipal officers under the immediate control of a military military commissions. Such commissioners were
officer. Accordingly all such officers were directed to report to the Provost Marshal General, and to make monthly reports of crimes committed' and prisoners confined.
The reports of prisoners confined has aided materially in of the State, with powers of justices of the peace, I detection
detecting illegal imprisonments or punishments, and has enabled the district commander to secure the release of many Union men and freedmen, against whom much gross
injustice had been committed. increased to those of circuit judges, taking juris
“A bureau of civil affairs was established, to take charge
of all matters pertaining to registration; and its duties failed to do justice. The system has given a were afterwards extended to include all questions of prolarge measure of protection to all classes of citi
tection to person or property arising under the laws of Congress. One hundred and seventy registration precincts were
established in North Carolina, and one hundred and pine courts.
in South Carolina.
"In North Carolina there were registered 103,060 whites, Since the publication of the act of March 23,
and 71,657 blacks; and in South Carolina, 45,751 whites, and
79,585 blacks. Registration proceeded very slowly on acing State, county, and municipal officers were count of slowness of communication with distant parts of
the district. continued in office. Vacancies have been filled
“Of the appropriation made by Congress, $54,802 87 have by the district commander. The number of re- been expended, and outstanding liabilities will exceed the movals has been five, and of appointments to fill balance on hand $194,802 87.
“The present condition of the district is so satisfactory as vacancies one hundred and five.
to warrant the belief that after elections the number of
military posts in both States can be diminished.” was first appointed to select registering officers.
THIRD MILITARY DISTRICT The selections were made with great care, and comprises the States of Georgia, Florida, and the officers so selected have, with few exceptions, Alabama, Brevet Major General John Pope, comdone their duty in the most satisfactory manner. I manding, Carefully prepared regulations for the boards of
“On assuming command an order was issued” by Gen
eral Pope" continuing in office State officials, but forbidding as possible, so as to secure a uniform rule of dis their opposing the reconstruction acts, prohibiting elec
tions except under those acts, and giving notice that all franchisement throughout the State. In pre
vacancies in civil offices would be filled by the district scribing them, the district commander was con commander. Becoming satisfied subsequently that State trolled by the belief that the law made him officials, while obeying the order personally, yet officially,
by their patronage, encouraged papers opposing the reconresponsible for its correct interpretation, as well
struction act, an order was issued forbidding official patas its faithful execution.
ropage to such papers. The results of the first session of the register "In consequence of the riot at Moile, an order was issued
bolding city and county officers responsible for the preserv, ing boards were all received on September 15.
ation of peace at all public meetings, and requiring the United States troops to assist them when called on. No disturbances have since occurred.
“Under the laws of the State no colored person could be three hundred and eighty-two colored, regis
admitted to the jury-box, and there was no surety of justice to Union men, to people from the North, (and especially ex-Union soldiers) or to colored persons, from juries in.
flamed with hostility towards such classes. being rejected. The tax list of 1866-'67 (not
“There is a very large number of cases of wrong perpe quite complete) returns about one hundred and I trated by such juries in the district on file.
& Accordingly an order was issued directing all juries to be drawn indiscriminately from the list of voters registered
sistered dently aroused a sentiment of hostility to the by the boards of registration.
" Very few civil officers have been removed, and those, in almost every case, were removed for refusing to comply with orders. Appointments to fill vacancies have only been
and General Ord is convinced that a larger force made where the daily business of the people demanded it.
“The State treasurers of Georgia, Alabama, and Florida than is now stationed in those States to preserve have been ordered to make no payments after the appropriations of the present fiscal year have expired, save on warrants approved by the district commander, as it is believed that a new Legislature will not continue or approvo I many of the appropriations made.
. “In a majority of the counties of this district there are “ In executing the registration, it was deemed advisable
very few men who can take the test-oath, and these are not that no officer nor soldier of the United States should be
e disposed to defy public opinion by accepting office, unless employed, and accordingly each board of registration was
supported by a military force afterwards. appointed from among the citizens living in the district,
“The will of the colored people may be in favor of supand to consist of two white men and one colored. A fixed
porting loyal office-holders, but their intelligence is not sum was paid for registering each name, the average for
dow sufficient to enable them to combine for the execution the district being twenty-six cents per name.
of their will. All their combinations are now conducted “There were registered in Georgia 95,214 whites, and
by white men, under the protection of the military; if the 93,457 colored ; in Alabama 74,450 whites, and 90,350 col
protection is withdrawn, the white men now controlling ored, and in Floridil 11,180 wbites, and 15,357 colored. The
would withdraw with it; and some of the southern people, amount expended in registration, &c., has been $162,325.
now exasperated at what they deem the freedmen's pre“The apportionment of delegates was made in Georgia for
sumption, would not be very gentle towards them, so that State senatorial districts, and in Alabama for Representative the presence of a larger military force will be required districts, fixed by an order. Polls were ordered to be
for some time to maintain the freedmen in the right of opened at each county seat."
FIFTH MILITARY DISTRIOT Comprises the States of Mississippi and Arkan- Comprises the States of Louisiana and Texas, sas, Brevet Major General E. O. C. Ord, com Brevet Major General J. A. Mower, command. manding « The reconstruction measures of Congress are unpopular
No report has yet been received from General with a majority of the white people, but their execution
eet. has met with slight opposition, the ignorant and lawless, from whom alone trouble was to be apprehended, having
ing of Congress. been kept in order by the troops distributed through the States.
inally assigned to the command of this district, “The civil laws have not been interfered with when equally administered, except to remove from the civil courts
was relieved, and General Hancock assigned, by cases of crime charged against persons who, being opposed to the rebellion, had reason to fear prejudice. Also freedmen's cases, where the courts were practically closed against them; and cases of horse-stealing, and violations |
ed designated as the officer next in rank to whom of acts of Congress, for all of which military commissions General Sheridan should turn over the com. have been organized.
mand until General Hancock assumed it, General “The officers of the provisional State government have continued in office, except where they have failed to per
| Mower succeeded to the command: form their duties. It is difficult to find competent men who (General Orders 77 and 81.-For which see can qualify to fill vacancies in civil offices, some of which
Proclamations and Orders.) are consequently vacant.
“In consequence of the indisposition (as manifested of late) of the civil authorities in Arkansas to take action in offences of an aggravated nature against freedmen, orders
relieved before the period for submitting their have been issued for the trial of all such cases by military commission, and for prompt action to be taken for the punishment of civil officers who fail to issue writs against of fenders committing assaults, &c., against freedmon, and pro
cently to submit reports, which may be expected bibiting bail for the appearanco of such criminals." on Pbefore the meeting of Congress.
DIGEST OF ORDERS OF THE MILITARY COMMANDERS,
AND GENERAL ACTION UNDER THE RECONSTRUCTION ACTS.*
First Military District-Virginia. 1 April 2-Board of officers appointed to select 1867, March 15-General Schofield prohibited boards of registration, one to be an officer of the whipping or maiming of the person as a punish- army or Freedmen's Bureau if possible, and the ment for any crime, misdemeanor, or offence. | others either army officers or honorably disAn order was issued, same day, disbanding and charged volunteer officers, or loyal citizens of prohibiting any further organization of the the proper city or county, or any other loyal militia forces of the State.
citizen. . No registering officer to be a candidate
į for any elective office. All elections suspended * For previous Orders referring to Reconstruction, se
till the completion of registration, vacancies to pages 73-81 of the Manual of 1867, or pages 190-207 of th combined Manual.
I be filled by the commanding general. All offi
cers under the provisional government to take a home and employment those who he ascerthe test oath of March 23, 1867. In registering, tains may have been, or may be, discharged for whites and colored to be entered in separate having voted as they pleased. columns.
December 3-Convention met. Adjourned May 28—Where civil authorities fail to give April 17, 1868, having adopted a constitution. adequate protection to all persons in their rights 1868, March 12–Šales of property under of person and property, it was announced that deeds of trust suspended where such sales would military commissioners would be appointed; result in a ruinous sacrifice or leave infirm per. trials by the civil courts preferred in all cases sons without support. where there is satisfactory reason to believe that April 4–The office of Governor of Virginia justice will be done.
having become vacant by the expiration of GovJune 3—It was held, respecting the right to ernor Pierpoint's term, and he being ineligible be registered, that persons who voluntarily for the next term, Henry H. Wells was appointed. joined the rebel army, or persons who in that June 2-General Stoneman assumed comarmy committed voluntarily any hostile act, were mand. disqualified ; but persons who were forced into No provision has thus far been made for subit, but avoided, as far as possible, doing hostile mitting the constitution to a popular vote. acts, and escaped from it as soon as possible, were not disqualified. Persons who voted for Second Military District-North and South Carthe secession ordinances were disqualified.
olina. Giving individual soldiers food or clothing 1867, April 18–General Sickles issued an orenough to relieve present suffering did not work der that, it having become apparent that justice disqualification.
to freedmen cannot be obtained in the civil June 26-It was decided that, as the laws of Courts of Edgefield and Barnwell districts, a Congress declared there was no legal government provost court be established, with jurisdiction of in Virginia, the Alexandria constitution does any case to which a person of color is a party, not disfranchise any persons.
except murder, arson, and rape. July 13-It was decided that the President's April 20—No sentence of such court, affecting pardon does not restore political rights, but the liberty of any person, to be executed till apmerely civil; and, July 15, that it does not re-proved by the commanding general. move disfranchisement which exists without it. 1 April 27-Local election in Newbern sus
July 26-All persons hereafter appointed to pended; and officers appointed, and required to take the test oath of July 2, 1862, in lieu of that take the oath of March 23, 1867. of March 23, 1867. Sub-district commanders May 8-Registration announced to be begun directed to report names of all State, county on the third Monday in July ; registering officers and municipal officers who are “disloyal to the to be appointed, and required to take the test United States, and use their official influence to oath of July 2, 1862. prevent reconstruction under acts of Congress."| May 15—Commanding officers of posts au
August 16-A fine imposed by court, April thorized, upon sufficient cause shown, to grant 27, 1867, of two thousand dollars in “Confed- permission to public officers to carry arms when erate currency," was ordered scaled at the then necessary in the discharge of their duties. rate, and $88 80, in lawful currency of United May 20—Distillation of spirits from grain States, directed to be accepted by the court, in prohibited ; violation of this order to be conpayment.
sidered a misdemeanor. September 12-Election ordered for October May 30—Any citizen, a qualified voter under 22, on a convention ; 105 delegates to be elected the reconstruction laws, declared to be eligible to at the same time.
office in the provisional government of North September 21-Persons subject to parole upon and South Carolina. All citizens who have paid the surrender, who have avoided giving it, are assessed taxes for the current year declared qualdirected to take the prescribed parole within ified as jurors; and juries to be hereafter drawn thirty daye.
from such persons. All citizens are eligible to September 24-Delegates to the State conven follow any licensed calling, employment or tion not required to take the oath prescribed for avocation, subject to impartial regulations preofficers of the United States.
scribed by municipal or other competent authorSeptember 25-A person who held no office ity, the bond required as security not to exceed prior to the war, and who was elected and served $100, with one or more sureties worth double as a member of the secession convention, and the amount of the bond. All contracts for the was afterwards engaged in rebellion, is not manufacture, sale, or transportation, storage, or thereby disfranchised.
insurance of intoxicating liquors to be treated October 3-Armed secret societies forbidden. as against public policy. In public conveyan
October 31-The regular session of the Legis ces, on railroads, highways, streets, or navigable lature elected in 1866 dispensed with.
waters, no discrimination because of color or November 2-Vote on convention announced: caste shall be made, and the common rights of 169,229 votes cast, of which 107,342 were for, all citizens therein shall be recognized and reand 61,887 against, a convention. December spected ; a violation of this regulation to be 3d fixed as the time, and hall of House of Dele- deemed a misdemeanor, and to render the offend. egates, Richmond, as the place of meeting. er liable to arrest and trial by a military tri
December 2-General O. O. Howard instructs bunal, besides such damages as may be recovered General 0. Brown, of Freedmen's Bureau, to in the civil courts. The remedy by distress for allow no man to suffer for food, and to assist to I rent is abolished, where lands are leased or let