persons and place them on the jury lists, and from such revised lists all jurors shall be hereafter summoned and drawn in the manner required by law.

3. All citizens are eligible to follow any licensed calling, employment, or vocation, subject to such impartial regulations as may be prescribed by municipal or other competent authority, not inconsistent with common rights and the Constitution and laws of the United States. . .

4.

The mayors of cities, and other municipal town officers, and all sheriffs, magistrates, and police officers are required to be vigilant in maintaining order, and in the discharge of their duties they will be expected to coöperate with the military authorities.

5. Post commanders may summon to their aid, whenever the ordinary means at their disposal shall not be sufficient to execute their orders, such of the civil officers and as many of the citizens within the territorial limits of the military post as may be necessary; and the neglect or refusal of any person to aid and assist in the execution of the order of the commanding officer will be deemed a misdemeanor, punishable by such fine or imprisonment as may be imposed by a military tribunal, approved by the commanding general.

6. No license for the sale of intoxicating liquors in quantities less than one gallon, or to be drunk on the premises, shall be granted to any person other than an inn-keeper. The number of such licenses shall be determined, and the fees to be charged for each license shall be prescribed and collected, by the municipal or town authorities, and appropriated exclusively for the benefit of the poor. If any person shall be found drunk on the premises where liquor is sold, the licenses may be revoked by any magistrate. .

7. All contracts hereafter made for the manufacture, sale, transportation, storage, or insurance of intoxicating liquors shall, within this military district, be deemed and treated as against public policy; and no civil suit, action, or proceeding for the enforcement of any such contract shall be entertained in any court.

8. In public conveyances on railroads, highways, streets, or navigable waters no discrimination because of color or caste shall be made, and the common rights of all citizens thereon shall be recognized and protected. The violation of this regulation shall be deemed a misdemeanor, and render the offender liable to arrest and trial by a military tribunal, to be designated by the commanding general, besides such damages as the injured party may sue for and recover in the civil courts.

9. Remedy by distress for rent is abolished where lands are leased or let out for hire or rent. Cotton, corn, or other produce of the sale, when severed from the land, may be impounded, but the same shall not be removed; and cotton, corn, or other produce so impounded shall be held as security for the rent or hire so claimed, and may be sold in satisfaction for any judgment for the same: provided, that any unsatisfied claim for labor bestowed upon the cultivation of any such cotton, corn, or other produce shall in no case be postponed to any demand for rent or hire but to the extent of such claim for labor, so there shall be a lien on such cotton, corn, or other produce, having preference for any claim for rent or hire.

Regulation of Local Government

War Department Archives, G. O. no. 25, 3d Military District.

[May 29, 1867]

I. The late disgraceful riot at Mobile, due mainly to want of efficiency or inclination on the part of the mayor and chief of police to perform their obvious duty, seems to render it necessary that the military authorities of this district should explain to all such officials the position they occupy under the laws of the United States, and the manner in which they will be expected to discharge their trusts.

II. . . The final responsibility for peace and security in the several States in this military district rests. . with the military authorities, and in case the civil provisional officers in any part of it prove unable or unwilling to protect the people, it will become necessary for the military power either to supersede them by military officers or by other civil officers. .

IV. In cities or towns having municipal government, the mayor and chief of police, or other civil officers possessing their authority. . are required to be present at every public political meeting or assemblage which occurs within the limits of their jurisdiction, with such police force and arrangements as will render disturbance or riots impracticable. It will be no excuse to say that such civil authorities did not know of the meeting; or did not apprehend disturbance. It is easy by municipal regulation to require that sufficient notice of any such meeting be given to the mayor or other proper authority to enable him to prepare for the suppression of disturbance; and it is proper in the present excited state of the public mind to make such arrangements as are necessary for the preservation of peace at all public political meetings, even if there be really no danger of disturbance. . .

V.

At all public meetings or assemblages held outside of town or city corporations, the sheriff of the county or his deputy or a deputy specially appointed for the occasion, will be present, and will, in case of need, organize a posse from the people on the ground, which he will hold separate from the body of the assemblage, to interpose, if necessary, to preserve the peace; but in selecting persons to serve as a temporary police force or posse, they are instructed not to summon any of the officers or public speakers of the assemblage. Sheriffs, or their deputies, are empowered to exact service from all thus summoned as a posse, and to require that due notice shall be given to the sheriffs themselves of any public political meetings or assemblages which may be called in their respective counties, in time to make the arrangements herein indicated.

VII. In case of any riot or disturbance, if it cannot be clearly shown that the civil officers above indicated were present, and actively and faithfully performed their duties, both by word and deed, such officers will be deposed from their offices and otherwise held responsible by the military authorities. . .

VIII. All commanders of troops in this district are also instructed to render the above-mentioned civil officers, on their

application, whatever military aid may be needed, and the military commanders are directed to send a judicious and careful officer to be present at such political meetings herein referred to as may occur within the limits of their jurisdiction. Every officer thus detailed, while not interfering with the civil officers in the performance of their duties, will stand ready to interpose, and, if necessary, to bring such military force to the spot, as the necessity of the case may demand.

IX. Post and detachment commanders within this district are directed to keep themselves advised of all public political meetings which take place within the limits of their jurisdiction, and during such meetings to hold themselves and their commands in readiness for immediate action at the call of the officer whom they are directed in a previous paragraph of this order to send to such meeting. Commanding officers are informed that they will be held to their full share of responsibility for any want of precautionary measures or prompt action to prevent riots, or to arrest disturbers of peace.

I.

Military Police and Courts

War Department Archives, G. O. no. 31, 1st Military District. (Virginia). Gen. J. M. Schofield in command. [May 28, 1867]

For the purpose of giving adequate protection to all persons in their rights of person and property in cases where the civil authorities may fail, from whatever cause to give such protection, and to insure the prompt suppression of insurrection, disorder, and violence, military commissioners, to be selected from the officers of the army and of the Freedmen's Bureau, will be appointed and given jurisdiction over sub-districts, to be defined in the orders appointing them, with sufficient military force to execute or secure the execution of their orders.

2. For the purpose of suppressing insurrection, disorder or violence, the military commissioners are given command of the police of cities and the power of counties, in addition to the troops that may be placed at their disposal; and all police officers, sheriffs, constables, and other persons are required in such cases to obey and execute the orders of the military commissioners.

3.

For the purpose of protecting individuals in their rights of person and property, and of bringing offenders to justice, the military commissioners are clothed with all the powers of justices of a county, or police magistrates of a city, and will 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.

4. The military commissioners will make a prompt report to these headquarters of each case of which they may take jurisdiction, and of 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.

5. Trial by the civil courts 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 commissioners will be exclusive.

6. 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.

General Grant versus the Attorney General

Annual Cyclopedia, 1867, p. 51. General Grant to General E. O. C. Ord, Fifth District (Arkansas and Mississippi). Grant's letter was written after the instructions of June 20, drawn up by the attorney general, had been sent to the commanders. ing over into the radical camp.

Grant was pass[June 28, 1867]

GENERAL: A A copy of your final instructions to the Board of Registration, of June 10, 1867, is just received. I entirely dissent from the views contained in paragraph four. Your views as to the duties of registrars to register every man who