The reasons which have dictated my replies I shall notice quite briefly.

Loyalty in South Carolina—such loyalty as is secured by the taking of the amnesty oath and by the reception of Executive clemency—does not approach the standard of loyalty in the north. It is not the golden fruit of conviction, but the stern and unpromising result of necessity, arising from unsuccessful insurrection. The white population of the State accept the condition which has been imposed upon them, simply because there is no alternative.

They entered upon the war in the spring of 1861 and arrayed themselves on the side of treason with a unanimity of purpose and a malignity of feeling not equalled by that displayed in any other State.

The individual exceptions to this rule were too few in numbers and were possessed of too little power to be taken into account at all. Although the overt treason then inaugurated has been overcome by superior force, few will claim that it has been transformed into loyalty toward the national government. I am clearly of the opinion that it has not, and that time and experience will be necessary to effect such a change.

All intelligent whites admit that the "abolition of slavery" and the "impracticability of secession" are the plain and unmistakable verdicts of the war. Their convictions as yet go no further. Their preference for the "divine institution," and their intellectual belief in the right of a State to secede, are as much articles of faith in their creed at the present moment as they were on the day when the ordinance of secession was unanimously adopted. When the rebel armies ceased to exist, and there was no longer any force that could be invoked for waging war against the nation, the insurgents accepted that fact simply as proof of the impossibility of their establishing an independent government. This sentiment was almost immediately followed by a general desire to save as much property as possible from the general wreck. To this state of the public mind, which succeeded the surrender of the rebel armies with noteworthy rapidity, I am forced to attribute the prevailing willingness and desire of the people to "return" to their allegiance, and resume the avocations of peace.

I do not regard this condition of things as at all discouraging. It is, indeed, better than I expected to see or dared to hope for in so short a time. One good result of it is, that guerilla warfare, which was so very generally apprehended, has never been resorted to in this State. There was a sudden and general change from a state of war to a state of peace, and, with the exception of frequent individual conflicts, mostly between the whites and blacks, and often, it is true, resulting in loss of life, that peace has rarely been disturbed.

It is, however, a peace resulting from a cool and dispassionate appeal to reason, and not from any convictions of right or wrong; it has its origin in the head, and not in the heart. Impotency and policy gave it birth, and impotency, policy and hope keep it alive. It is not inspired by any higher motives than these, and higher motives could hardly be expected to follow immediately in the footsteps of armed insurrection. The hopes of the people are fixed, as a matter of course, upon the President. The whites hope and expect to recover the preponderating influence which they have lost by the war, and which has been temporarily replaced by the military authority throughout the State, and they receive with general satisfaction the appointment of Mr. Perry as provisional governor of the State, and regard it as a step toward their restoration to civil and political power. Even those men who have taken the lead during the war, not only in the heartiness and liberality of their support of the rebel cause, but also in the bitterness of their denunciation of the national government and the loyal people of the northern States, express themselves as entirely satisfied with the shape which events are taking.

The colored population, on the contrary, or that portion of it which moulds the feelings and directs the passions of the mass, look with growing suspicion upon this state of affairs, and entertain the most lively apprehensions with regard to their future welfare. They have no fears of being returned to slavery, having the most implicit faith in our assurance of its abolition for all time to come, but they think they see the power which has held the lash over them through many generations again being restored to their former masters, and they are impressed with a greater or less degree of alarm.

Thus the "irrepressible conflict," the antagonism of interest, thought, and sentiment between the races is perpetuated. The immediate resumption by the whites of the civil and political power of the State would have a tendency to augment this evil. At the present time all differences between the whites and blacks, but more especially those growing out of agreements for compensated labor, are promptly and willingly referred to the nearest military authority for adjustment; the whites well knowing that simple justice will be administered, and the blacks inspired by the belief that we are their friends. This plan works smoothly and satisfactorily. Many of the labor contracts upon the largest plantations have been made with special reference to the planting and harvesting of the next year's crops; others expire with the present year. The immediate restoration of the civil power by removing military restraint from those planters who are not entirely sincere in their allegiance, and have not made their pledges and especially their labor contracts in good faith, and by withdrawing from the blacks that source of protection to which alone they look for justice with any degree of confidence, would, by engendering new suspicions, and new prejudices between the races, work disadvantageously to both in a pecuniary sense, while the successful solution of the important question of free black labor would be embarrassed, deferred, and possibly defeated, inasmuch as it would be placed thereby in the hands of men who are avowedly suspicious of the negro, and have no confidence in his fitness for freedom, or his willingness to work; who regard the abolition of slavery as a great sectional calamity, and who, under the semblance and even the protection of the law, and without violating the letter of the emancipation proclamation, would have it in their power to impose burdens upon the negro race scarcely less irksome than those from which it has theoretically escaped. Indeed, the ordinary vagrancy and apprenticeship laws now in force in some of the New England States (slightly modified perhaps) could be so administered and enforced upon the blacks in South Carolina as to keep them in practical slavery. They could, while bearing the name of freeman, be legally subjected to all the oppressive features of serfdom, peonage, and feudalism combined, without possessing the right to claim, much less the power to exact, any of the prerogatives and amenities belonging to either of those systems of human bondage. All this could be done without violating the letter of the emancipation proclamation; no argument is necessary to prove that it would be a total submission of its spirit. Even upon the presumption that the whites, when again clothed with civil authority, would be influenced by a sincere desire to enforce the emancipation proclamation, and organize free labor upon a wise and just basis, it would seem injudicious to intrust them with unlimited power, which might be wielded to the injury of both races until the prejudices and animosities which generated the rebellion and gave it life and vigor have had time to subside. Few men have any clear conception of what the general good at the present time requires in the way of State legislation. A thousand vague theories are floating upon the public mind.

The evils which we would have to fear from an immediate re-establishment of civil government would be not only hasty and ignorant but excessive legislation. While there may be wide differences of opinion as to which is the greater of these two evils per se, I am free to express my belief that one or the other of them would be very likely to follow the immediate restoration of civil government, and that it would be not only injudicious in itself but productive of prospective harm, to whites as well as blacks, to place the former in a position where a community of feeling, the promptings of traditional teachings, and the instincts of self-interest and self-preservation, would so strongly tempt them to make a choice. I believe that a respectable majority of the most intelligent whites would cordially aid any policy calculated, in their opinion, to secure the greatest good of the greatest number, blacks included, but I do not regard them as yet in a condition to exercise an unbiassed judgment in this matter. Inasmuch as very few of them are yet ready to admit the practicability of ameliorating the condition of the black race to any considerable extent, they would not be likely at the present time to devise a wise system of free black labor. Neither would they be zealous and hopeful co-laborers in such a system if desired by others.

I have spoken of the contract system which has been inaugurated by the military authorities throughout the State as working smoothly and satisfactorily. This statement should, of course, be taken with some limitation. It was inaugurated as an expedient under the pressure of stringent necessity at a time when labor was in a greatly disorganized state, and there was manifest danger that the crops, already planted, would be lost for want of cultivation. Many of the negroes, but more especially the able-bodied ones and those possessing no strong family ties, had, under the novel impulses of freedom, left the plantation where they had been laboring through the planting season, and flocked to the nearest military post, becoming a useless and expensive burden upon our hands. Very many plantations, under extensive cultivation, were entirely abandoned. At places remote from military posts, and that had never been visited by our troops, this exodus did not take place so extensively or to a degree threatening a very general loss of crops. The negroes were retained partly through ignorance or uncertainty of their rights and partly through fear of their former masters and the severe discipline unlawfully enforced by them.

Under the assurance that they were free, that they would be protected in the enjoyment of their freedom and the fruits of their labor, but would not be supported in idleness by the government so long as labor could be procured, the flow of negroes into the towns and military posts was stopped, and most of them already accumulated there were induced to return to the plantations and resume work under contracts to be approved and enforced by the military authorities. Both planters and negroes very generally, and apparently quite willingly, fell into this plan as the best that could be improvised. Although there have been many instances of violation of contracts, (more frequently, I think, by the black than by the white,) and although the plan possesses many defects, and is not calculated to develop all the advantages and benefits of a wise free-labor system. I am not prepared to recommend any material modification of it, or anything to replace it, at least for several months to come.

For reasons already suggested I believe that the restoration of civil power that would take the control of this question out of the hands of the United States authorities (whether exercised through the military authorities or through the Freedmen's Bureau) would, instead of removing existing evils, be almost certain to augment them.

Very respectfully, your obedient servant,

Q.A. GILLMORE, Major General.

General CARL SCHURZ, Charleston, S.C.



No. 4.

Charleston, South Carolina, July 25, 1865.

General: Since handing you my letter of yesterday I have read a speech reported to have been delivered in Greenville, South Carolina, on the 3d instant.

I have judged of Mr. Perry by reports of others, but as I now have an opportunity from his own lips of knowing his opinions, I must request that you will cross out that portion of my letter referring to him.

Very respectfully, your obedient servant,

JOHN P. HATCH, Brevet Major General, Commanding.

Major General CARL SCHURZ.



HEADQUARTERS MILITARY DISTRICT OF CHARLESTON,

Charleston, South Carolina, July 24, 1865.

General: In answer to your question as to the disposition of the people being such as to justify their speedy return to the control of political power, I would say no.

Many portions of the State have not yet been visited by our troops, and in other parts not long enough occupied to encourage the formation of a new party, disposed to throw off the old party rulers, who, after thirty years preaching sedition, succeeded in carrying their point and forcing the people into rebellion.

Were elections to be held now, the old leaders already organized would carry everything by the force of their organization. I would say delay action, pardon only such as the governor can recommend, and let him only recommend such as he feels confident will support the views of the government. Men who supported nullification in thirty-two, and have upheld the doctrine of States' rights since, should not be pardoned; they cannot learn new ways. I have read with care the published proceedings of every public meeting held in this State, and have observed that not one single resolution has yet been passed in which the absolute freedom of the colored man was recognized, or the doctrine of the right of secession disavowed. Why is this? Because the old leaders have managed the meetings, and they cannot see that a new order of things exists. They still hope to obtain control of the State, and then to pass laws with reference to the colored people which shall virtually re-establish slavery; and although they look upon secession as at present hopeless, a future war may enable them to again raise the standard.

You ask what signs do they show of a disposition to educate the blacks for the new position they are to occupy? This is a question that has so far been but little discussed. No education, except as to their religious duties, was formerly allowed, and this only to make them contented in their position of servitude. Whilst thoroughly instructed in the injunction, "servants obey your masters," adultery was not only winked at, but, unfortunately, in too many cases practically recommended. A few gentlemen have said to me that they were willing to have the blacks taught to read and write, but little interest appears to be felt on the subject.

With reference to the benefit to be derived by the general government by delaying the formation for the present of a State government, I will be brief. It will discourage the old leaders who are anxious to seize immediately the reins of power. It will, by allowing time for discussion, give the people an opportunity to become acquainted with subjects they have heretofore trusted to their leaders. Wherever our troops go, discussion follows, and it would be best that the people should not commit themselves to a line of policy, they have not had time to examine and decide upon coolly. It will give the young men ambitious of rising opportunity for organizing on a new platform a party which, assisted by the government, can quiet forever the questions which have made the State of South Carolina a thorn in the side of the Union. These young men, many of whom have served in the army, take a practical view of their present condition that the old stay-at-homes cannot be brought to understand. Give them time and support and they will do the work required of them. Their long absence has made it necessary to become acquainted with the people; but they will be listened to as men who have honestly fought in a cause which has failed, and will be respected for as honestly coming out in support of the now only reasonable chance of a peaceful government for the future.

Where our troops have been the longest time stationed we have the most friends; and were the people thoroughly convinced that the government (until they have shown a disposition to unite heartily in its support) is determined not to give them a State government, the change would go on much more rapidly.

The selection of Governor Perry was most fortunate. I know of no other man in South Carolina who could have filled the position.

I remain, general, very respectfully, your obedient servant,

JNO. P. HATCH, Brevet Major General Commanding.

General CARL SCHURZ.



No. 5.

Charleston, S.C., July 24, 1865.

General: In compliance with your verbal request, made at our interview this a.m., to express to you my opinions and impressions regarding the status of the people of South Carolina, and of such others of the insurrectionary States with whom I have come in contact, respecting a return to their allegiance to the federal government, and a willingness on their part to sustain and support the same in its efforts to restore and accomplish the actual union of the States, and also their probable adhesion to the several acts and proclamations which have been enacted and promulgated by the legislative and executive branches of the government, I beg to reply, that, as an officer of one of the departments, I have been enabled by constant intercourse with large numbers of this people to form an approximate estimate of the nature of their loyalty, and also to gain a knowledge of the prejudices which remain with them towards the forces, military and political, which have prevailed against them after the struggle of the last four years, and established the integrity and power of the republic.

Whatever may be said upon the abstract question of voluntary or forcible State secession, the defeat of the insurrectionary forces has been so perfect and complete, that the most defiant have already avowed their allegiance to the national government. The first experience of the insurgents is a complete submission, followed by a promise to abstain from all further acts of rebellion—in fact, the nucleus of their loyalty is necessity, while perhaps some with still a sentiment of loyalty in their hearts for the old flag turn back, like the prodigal, with tearful eyes, wasted means, and exhausted energies.

At the present time there can be but few loyal men in the State of South Carolina who, through evil and good report, have withstood the wiles of secession. South Carolina has been sown broadcast for the last thirty years with every conceivable form of literature which taught her children the divine right of State sovereignty, carrying with it all its accompanying evils. The sovereign State of South Carolina in her imperial majesty looked down upon the republic itself, and only through a grand condescension, remained to supervise and balance the power which, when not controlling, she had sworn to destroy. The works of Calhoun were the necessary companion of every man of culture and education. They were by no means confined to the libraries of the economist and politician. When the national troops pillaged the houses and deserted buildings of Charleston, the streets were strewn with the pamphlets, sermons and essays of politicians, clergymen, and belles-lettres scholars, all promulgating, according to the ability and tastes of their several authors, the rights of the sovereign State. No public occasion passed by which did not witness an assertion of these rights, and the gauntlet of defiance was ever upon the ground.

It is the loyalty of such a people that we have to consider. As a people the South Carolinians are brave and generous in certain directions. In their cities there is great culture, and many of the citizens are persons of refinement, education and taste. The educated classes are well versed in the history of our country, and many have an intimate knowledge of the varied story of political parties. But from the lowest to the highest classes of the white population there is an instinctive dread of the negro and an utter abhorrence of any doctrine which argues an ultimate improvement of his condition beyond that of the merest chattel laborer.

The first proposition made by the southerner on all occasions of discussion is, that the emancipation proclamation of the President was a grievous error from every point of view; that in the settlement of the various questions arising from the insurrection, the national government assumes a responsibility which belongs to the several States, and now that the supremacy of the general government is established, and the prospect of a resuscitation, rehabilitation, reconstruction, or simple assertion of the legislative and executive powers of the separate States, a lingering hope yet remains with many, that although African slavery is abolished, the States may yet so legislate as to place the negro in a state of actual peonage and submission to the will of the employer. Therefore, we have combined with a forced and tardy loyalty a lingering hope that such State legislation can be resorted to as will restore the former slave to, as nearly as possible, the condition of involuntary servitude. And the question naturally arises, how long must we wait for a higher and purer expression of fealty to the Union, and for a more intelligent and just appreciation of the question of free colored, labor which the results of the contest have forced upon us?

I am satisfied, that while no efforts must be spared to instil into the minds of the freedmen the necessity of patient labor and endeavor, and a practical knowledge of the responsibilities of their new condition, by a judicious system of education, the white southerner is really the most interesting pupil, and we must all feel a solicitude for his enlightenment.

The principles of liberty have been working for a number of years in our republic, and have secured various great political results. Latterly they have worked with wonderful and rapid effect, and it has ever been by aid of all the forces of education and enlightened commerce between man and man that the progress of true freedom has been hastened and made secure. When the southern planter sees it demonstrated beyond a doubt that the free labor of the black man, properly remunerated, conduces to his pecuniary interests, at that moment he will accept the situation, and not before, unless it is forced upon him; therefore, it is the white southerner that must be educated into a realization of his responsibility in the settlement of these questions, and by a systematic and judicious education of the freedman a citizen will gradually be developed; and the two classes, finding their interests mutual, will soon settle the now vexed question of suffrage. I am firmly of opinion that the government cannot afford to relax its hold upon these States until a loyal press, representing the views of the government, shall disseminate its sentiments broadcast all over this southern land; and when all the avenues and channels of communication shall have been opened, and the policy of the government shall be more easily ascertained and promulgated, and the States, or the citizens thereof in sufficient numbers, shall have avowed by word and act their acceptance of the new order of things, we may then safely consider the expediency of surrendering to each State legislature the duty of framing its necessary constitution and code, and all other adjuncts of civil government. If the form of our government were monarchical, we might be more sanguine of the success of any proposed measure of amnesty, because of the immediate power of the government to suppress summarily any disorder arising from too great leniency; but to delegate to the States themselves the quelling of the tumult which they have themselves raised, is, to say the least, a doubtful experiment. Many thinking Carolinians have said that they preferred that the government should first itself demonstrate the system of free labor, to such an extent that the planter would gladly avail himself of the system and carry it on to its completion.

The presence of a strong military force is still needed in the State of South Carolina to maintain order, and to see that the national laws are respected, as well as to enforce such municipal regulations as the occasion demands. For such service, officers of sound, practical sense should be chosen—men whose appreciation of strict justice both to employer and employee would compensate even for a lack of mere skilful military knowledge; men without the mean prejudices which are the bane of some who wear the insignia of the national service.

I believe that affairs in South Carolina are yet in a very crude state; that outrages are being practiced upon the negro which the military arm should prevent. Doubtless many stories are fabricated or exaggerated, but a calm and candid citizen of Charleston has said: "Is it wonderful that this should be so; that men whose slaves have come at their call, but now demur, hesitate, and perhaps refuse labor or demand certain wages therefor—that such men, smarting under their losses and defeats, should vent their spite upon a race slipping from their power and asserting their newly acquired rights? Is abuse not a natural result?" But time, enlightenment, and the strenuous efforts of the government can prevent much of this.

I am, therefore, convinced that the education of the white and black must go hand in hand together until the system of free labor is so absolutely demonstrated that the interest of the employer will be found in the intelligence, the well-being, and the comfort of the employed. I believe that the great sources of benevolence at the north should still flood this southern land with its bounty—that the national government should encourage each State to receive all the implements of labor, education and comfort which a generous people can bestow, not merely for the benefit of the black freedman, but for the disenthralled white who has grovelled in the darkness of a past age, and who has been, perhaps, the innocent oppressor of a people he may yet serve, and with them enter into the enjoyment of a more glorious freedom than either have ever conceived.

With sentiments of respect and esteem, I beg to remain, general, your obedient servant,

JOHN H. PILSBURY, Deputy Supervising and Assistant Special Agent Treasury Department.

Major General CARL SCHURZ, &c., &c., &c.



No. 6.

VIEWS EXPRESSED BY MAJOR GENERAL STEEDMAN IN CONVERSATION WITH CARL SCHURZ.

Augusta, Georgia, August 7, 1864.

I have been in command of this department only a month, and can, therefore, not pretend to have as perfect a knowledge of the condition of affairs, and the sentiments of the people of Georgia, as I may have after longer experience. But observations so far made lead me to the following conclusions:

The people of this State, with only a few individual exceptions, are submissive but not loyal.

If intrusted with political power at this time they will in all probability use it as much as possible to escape from the legitimate results of the war. Their political principles, as well as their views on the slavery question, are the same as before the war, and all that can be expected of them is that they will submit to actual necessities from which there is no escape.

The State is quiet, in so far as there is no organised guerilla warfare. Conflicts between whites and blacks are not unfrequent, and in many instances result in bloodshed.

As to the labor question, I believe that the planters of this region have absolutely no conception of what free labor is. I consider them entirely incapable of legislating understandingly upon the subject at the present time.

The organization of labor in this State, especially in the interior, has so far, in most cases, been left to the planters and freedmen themselves, the organization of the Freedmen's Bureau being as yet quite imperfect. A great many contracts have been made between planters and freedmen, some of which were approved by the military authorities and some were not.

General Wilde, the principal agent of the Freedmen's Bureau in this State, is, in my opinion, entirely unfit for the discharge of the duties incumbent upon him. He displays much vigor where it is not wanted, and shows but very little judgment where it is wanted. Until the Freedmen's Bureau will be sufficiently organized in this State I deem it necessary to temporarily intrust the provost marshals, now being stationed all over the State, one to every four counties, with the discharge of its functions, especially as concerns the making of contracts and the adjustment of difficulties between whites and blacks.

I deem it impracticable to refer such difficulties for adjustment to such civil courts as can at present be organized in this State. It would be like leaving each party to decide the case for itself, and would undoubtedly at once result in a free fight. It will be so until the people of this State have a more accurate idea of the rights of the freedmen. The military power is, in my opinion, the only tribunal which, under existing circumstances, can decide difficulties between whites and blacks to the satisfaction of both parties and can make its decisions respected.

As for the restoration of civil power in this State, I apprehend it cannot be done without leading to the necessity of frequent interference on the part of the military until the sentiments of the people of Georgia have undergone a very great change.

This memorandum was read to General Steedman by me and he authorized me to submit it in this form to the President.

C. SCHURZ.



No. 7.

HEADQUARTERS DISTRICT OF COLUMBUS,

Macon, Georgia, August 14, 1885.

General: There are no loyal people in Georgia, except the negroes; nor are there any considerable number who would under any circumstances offer armed resistance to the national authority. An officer, without arms or escort, could arrest any man in the State. But, while their submission is thus complete and universal, it is not a matter of choice, but a stern necessity which they deplore.

If allowed they will readily reorganize their State government and administer it upon correct principles, except in matters pertaining to their former slaves. On this subject they admit the abolition of the institution, and will so frame their constitution, hoping thereby to procure their recognition as a State government, when they will at once, by legislation, reduce the freedmen to a condition worse than slavery. Yet while they will not recognize the rights of their former slaves themselves, they will submit to its full recognition by the national government, which can do just as it pleases and no resistance will be offered. My own clear opinion is, it will have to do everything that may be necessary to secure real practical freedom to the former slaves.

The disturbances at present are chiefly due, I think, to the swarm of vagrants thrown upon society by the disbanding of the rebel armies and the emancipation of the slaves at a season of the year when it is difficult for those who seek to find employment.

After the 1st of January I apprehend no trouble, as the culture of the next crop will absorb all the labor of the country. In the interim a great deal of care and diligence will be required. Hence I recommend the importance of sending men of energy and business capacity to manage the affairs of the Freedmen's Bureau.

I am, general, very respectfully, your obedient servant,

JOHN T. CROXTON, Brigadier General United States.

General CARL SCHURZ.



No. 8.

HEADQUARTERS DEPARTMENT OF THE GULF,

New Orleans, June 20, 1865.

Sir: I have the honor to transmit for your consideration a copy of the correspondence between the governor of Louisiana and myself touching the relations between the State and the military authorities in this department.

The instructions upon this subject are, and probably designedly, indefinite. They indicate, however, the acceptance by the President of the constitution of the State, adopted in September, 1864, as the means of re-establishing civil government in the State and the recognition of the governor as his agent in accomplishing this work. The same principle gives validity to such of the State laws as are not in conflict with this constitution, or repealed by congressional legislation, or abrogated by the President's proclamation or orders issued during the rebellion.

This leaves many questions undetermined, except so far as they are settled by the law of nations and the laws of war, so far as my authority extends. I will turn over all such questions to the State government; and in cases that do not come within the legitimate authority of a military commander, will report them for such action as his excellency the President, or the War Department, may think proper to adopt.

I have had a very free conference with the governor upon this subject, and I believe that he concurs with me that the course I have indicated in the correspondence with him is not only the legal but the only course that will avoid the appeals to the local courts by interested or designing men, which are now dividing those who profess to be working for the same object—the re-establishment of civil authority throughout the State.

Then, in addition, many questions, in which the interests of the government are directly involved, or in which the relations of the general government to the States, as affected by the rebellion, are left unsettled by any adequate legislation. I do not think it will be wise to commit any of these questions, either directly or indirectly, to the jurisdiction of the State or other local courts, and will not so commit them unless instructed to do so.

It is very possible that in the varied and complicated questions that will come up there may be differences of opinion between the governor and myself, but there shall be no discord of action, and I will give to his efforts the fullest support in my power.

I have the honor to be, very respectfully, sir,

E.R.S. CANBY, Major General Commanding.

The SECRETARY OF WAR, Washington, D.C.

Official copy:

R. DES ANGES, Major, A.A.G.



STATE OF LOUISIANA, EXECUTIVE DEPARTMENT,

New Orleans, June 10, 1865.

General: There is a class of officers holding and exercising the duties of civil officers in this State who claim to hold their right to the same by virtue of deriving their appointment from military authority exercised either by General Shepley as military governor, or Michael Hahn, and in some cases by Major General Banks, commander of the department of the Gulf. These men resist my power to remove on the ground that I am not clothed with military power, although the offices they fill are strictly civil offices, and the power of appointing to the same to fill vacancies (which constructively exist until the office is filled according to law) is one of my prerogatives as civil governor. To dispossess these men by legal process involves delay and trouble. Many of the persons so holding office are obnoxious to the charges of official misconduct and of obstructing my efforts to re-establish civil government.

For the purpose, therefore, of settling the question, and relieving the civil government of the State from the obstructions to its progress caused by the opposition of these men, I would respectfully suggest to you, general, the expediency of your issuing an order revoking all appointments made by military or semi-military authority to civil offices in this State prior to the 4th of March, 1865, the date on which I assumed the duties of governor. I fix that date because it is only since that period the governor has been confined to strictly civil powers, and what military power has been exercised since in appointments to office has been from necessity and was unavoidable.

I throw out these suggestions, general, for your consideration. On my recent visit to the capital I had full and free conversation with President Johnson on the subject of reorganizing civil government in Louisiana, and while deprecating the interference of military power in civil government beyond the point of actual necessity, yet he fully appreciated the difficulties of my position, and assured me that I should be sustained by him in all necessary and legal measures to organize and uphold civil government.

I have the honor to be, very respectfully, &c.,

J. MADISON WELLS, Governor of Louisiana.

Major General E.R.S. CANBY, Commanding Department of the Gulf.

Official copy:

R. DES ANGES, Major, A.A.G.



HEADQUARTERS DEPARTMENT OF THE GULF,

New Orleans, June 19, 1865.

Sir: I have the honor to acknowledge the receipt of your communication of the 10th instant, asking me to revoke all appointments made by military or semi-military authority to civil offices in the State prior to the 4th of March, 1865.

I have given this subject the attention and serious consideration which its importance demands, and I find it complicated not only with the private and public interests of the people and State of Louisiana, but also with the direct interests of the government of the United States, or with the obligations imposed upon the government by the condition of the country or by the antecedent exercise of lawful military authority. To the extent that these considerations obtain they are controlling considerations, and I cannot find that I have any authority to delegate the duties devolved upon me by my official position, or to evade the responsibilities which it imposes. I venture the suggestion, also, that the evils complained of, and which are so apparent and painful to all who are interested in the restoration of civil authority, will scarcely be obtained by the course you recommend, but will, in my judgment, give rise to complications that will embarrass not only the State but the general government.

All officers who hold their offices by the tenure of military appointment are subject to military authority and control, and will not be permitted to interfere in any manner whatever with the exercise of functions that have been committed to you as governor of Louisiana. If they are obnoxious to the charge of misconduct in office, or of obstructing you in your efforts to re-establish civil government, they will, upon your recommendation, be removed. If, under the constitution and laws of the State, the power of appointment resides in the governor, my duty will be ended by vacating the appointment. If the office is elective, the military appointment will be cancelled so soon as the successor is elected and qualified. In the alternative cases the removal will be made, and successors recommended by you, and against whom there are no disqualifying charges, will be appointed.

This, in my judgment, is the only course which will remove all legal objections, or even legal quibbles.

I desire to divest myself as soon as possible of all questions of civil administration, and will separate, as soon and as far as I can, all such questions from those that are purely military in their character, and commit them to the care of the proper officers of the civil government.

Some of these questions are complicated in their character, and involve not only private and public interests, but the faith of the national government; originating in the legal exercise of military authority, they can only be determined by the same authority.

There is another consideration, not directly but incidentally involved in the subject of your communication, to which I have the honor to invite your attention. The results of the past four years have worked many changes both as to institutions and individuals within the insurrectionary States, giving to some of the interests involved an absolutely national character, and in others leaving the relations between the general government and the States undetermined. So far as Congress has legislated upon these subjects, it has placed them under the direct control of the general government, and under the laws of nations and laws of war the same principle applies to the other subject. Until Congress has legislated upon this subject, or until Executive authority sanctions it, no questions of this character will be committed to the jurisdiction of the local courts.

I make these suggestions to you for the reason that I have already found a strong disposition in some sections of the country to forestall the action of the general government by bringing these subjects more or less directly under the control of the local courts; and I have neither the authority nor the disposition to establish precedents that may possibly embarrass the future action of the government.

I take this occasion to assure your excellency of my hearty co-operation in your efforts to re-establish civil government, and in any measures that may be undertaken for the benefit of the State or people of Louisiana.

I shall be happy at all times to confer with you upon any of these subjects, and to give you, whenever necessary, any assistance that you may require.

I have the honor to be, very respectfully, your obedient servant,

E.R.S. CANBY, Major General, Commanding.

His Excellency the GOVERNOR OF LOUISIANA, New Orleans, La.

Official copy:

R. DES ANGES, Major, A.A.G.



STATE OF LOUISIANA, EXECUTIVE DEPARTMENT,

New Orleans, June 23, 1865.

General: I have the honor to acknowledge the receipt of your communication of the 16th instant, in answer to mine of the 13th, relating to the expediency of your revoking the appointment of all civil officers in the State made by military or semi-military authority. I desire to state that your views and suggestions, as regards your duty and proper course of action in the premises, are entirely satisfactory to me. For the care you have bestowed on the subject, and the earnest disposition you evince to do all in your power to promote the interests of civil government in this unfortunate State, by co-operating with and sustaining me in all legitimate measures to that end, I beg to return you, not only my own thanks, but I feel authorized to speak for the great mass of our fellow-citizens, and to include them in the same category.

With high respect, I subscribe myself, your obedient servant,

J. MADISON WELLS, Governor of Louisiana.

Major General E.R.S. CANBY, Commanding Department of the Gulf.

Official copy:

R. DES ANGES, Major, A.A.G.



HEADQUARTERS DEPARTMENT OF LOUISIANA,

New Orleans, September 8, 1865.

Sir: In compliance with your request, I have the honor to submit some remarks upon the civil government of Louisiana, and its relation to the military administration of this department. These relations are more anomalous and complicated, probably, than in any other insurrectionary State, and it will be useful in considering these questions to bear in mind the changes that have occurred since the occupation of this city by the Union forces. These are, briefly—

1. The military administration of the commander of the department of the Gulf, Major General Butler.

2. The military government, of which Brigadier General Shepley was the executive, by appointment of the President.

3. The provisional government, of which the Hon. M. Hahn was the executive, by appointment of the President, upon nomination by the people at an election held under military authority.

4. The constitutional government, organized under the constitution adopted by the convention in July, 1864, and ratified by the people at an election held in September of that year. Of this government the Hon. J.M. Wells is the present executive.

This government has not yet been recognized by Congress, and its relation to the military authority of the department has never been clearly defined. Being restrained by constitutional limitations, its powers are necessarily imperfect, and it is frequently necessary to supplant them by military authority. Many of the civil officers still hold their positions by the tenure of military appointments holding over until elections can be held under the constitution. These appointments may be vacated by the commander of the department, and, if under the constitution the power of appointment reside in the governor, be filled by him: if it does not, the appointment must be filled by the military commander. Very few removals and no appointments have been made by me during my command of the department; but the governor has been advised that all persons holding office by the tenure of military appointment were subject to military supervision and control, and would not be permitted to interfere in the duties committed to him by the President of restoring "civil authority in the State of Louisiana;" that upon his recommendation, and for cause, such officers would be removed; and if the power of appointment was not under the constitution vested in him, the appointment would be made by the department commander, if, upon his recommendation, there was no disqualifying exception.

The instructions to the military commanders, in relation to the previous governments, were general, and I believe explicit; but, as their application passed away with the existence of these governments, it is not necessary to refer to them here. Those that relate to the constitutional government are very brief, so far, at least, as they have reached me. In a confidential communication from his excellency to the late President, in which he deprecated, in strong terms, any military interferences, and expressed very freely his own views and wishes, he concluded by saying that "the military must be judge and master so long as the necessity for the military remains;" and, in my instructions from the War Department, of May 28, 1865, the Secretary of War says: "The President directs me to express his wish that the military authorities render all proper assistance to the civil authorities in control in the State of Louisiana, and not to interfere with its action further than it may be necessary for the peace and security of the department."

These directions and wishes have been conclusive, and I have given to the civil authorities whatever support and assistance they required, and have abstained from any interference with questions of civil or local State administration, except when it was necessary to protect the freedmen in their newly acquired rights, and to prevent the local courts from assuming jurisdiction in cases where, of law and of right, the jurisdiction belongs inclusively to the United States courts or United States authorities. With the appointments made by the governor I have no right to interfere unless the appointees are disqualified by coming under some one of the exceptions made by the President in his proclamation of May 29, 1865, or, (as in one or two instances that have occurred,) in the case of double appointments to the same office, when a conflict might endanger the peace and security of the department.

My personal and official intercourse with the governor has been of the most cordial character. I have had no reason to distrust his wish and intention to carry out the views of the President. I do distrust both the loyalty and the honesty (political) of some of his advisers, and I look with apprehension upon many of the appointments made under these influences during the past two months. The feeling and temper of that part of the population of Louisiana which was actively engaged in or sympathized with the rebellion have also materially changed within that period.

The political and commercial combinations against the north are gaining in strength and confidence every day. Political, sectional, and local questions, that I had hoped were buried with the dead of the past four years, are revived. Independent sovereignty, State rights, and nullification, where the power to nullify is revoked, are openly discussed. It may be that these are only ordinary political discussions, and that I attach undue importance to them from the fact that I have never before been so intimately in contact with them; but, to my judgment, they indicate very clearly that it will not be wise or prudent to commit any question involving the paramount supremacy of the government of the United States to the States that have been in insurrection until the whole subject of restoration has been definitively and satisfactorily adjusted.

Before leaving this subject I think it proper to invite your attention to the position of a part of the colored population of this State. By the President's proclamation of January 1, 1863, certain parishes in this State (thirteen in number) were excepted from its provisions—the condition of the negroes as to slavery remaining unchanged until they were emancipated by the constitution of 1864. If this constitution should be rejected (the State of Louisiana not admitted under it) the legal condition of these people will be that of slavery until this defect can be cured by future action.

The government of the city of New Orleans, although administered by citizens, derives its authority from military orders, and its offices have always been under the supervision and control of the commander of the department, or of the military governor of the State. The present mayor was appointed by Major General Hurlbut, removed by Major General Banks, and reinstated by myself. Under the constitution and laws of the State the principal city offices are elective, but the time has not yet been reached when an election for these offices should be held. Although standing in very different relations from the State government, I have thought it proper to apply the same rule, and have not interfered with its administration except so far as might be necessary to protect the interests of the government, or to prevent the appointment to offices of persons excepted by the President's proclamation.

Very respectfully, your obedient servant,

ED. R.S. CANBY, Major General, Commanding.

Major General CARL SCHURZ United States Volunteers, New Orleans.



No. 9.

STATEMENT OF GENERAL THOMAS KILBY SMITH.

New Orleans, September 14, 1865.

I have been in command of the southern district of Alabama since the commencement of General Canby's expedition against Mobile, and have been in command of the district and post of Mobile, with headquarters at Mobile, from June until the 25th of August, and relinquished command of the post on September 4. During my sojourn I have become familiar with the character and temper of the people of all of southern Alabama.

It is my opinion that with the exception of a small minority, the people of Mobile and southern Alabama are disloyal in their sentiments and hostile to what they call the United States, and that a great many of them are still inspired with a hope that at some future time the "confederacy," as they style it, will be restored to independence.

In corroboration of this assertion, I might state that in conversation with me Bishop Wilmer, of the diocese of Alabama, (Episcopal), stated that to be his belief; that when I urged upon him the propriety of restoring to the litany of his church that prayer which includes the prayer for the President of the United States, the whole of which he had ordered his rectors to expunge, he refused, first, upon the ground that he could not pray for a continuance of martial law; and secondly, that he would stultify himself in the event of Alabama and the southern confederacy regaining their independence. This was on the 17th of June. This man exercises a widespread influence in the State, and his sentiments are those of a large proportion of what is called the better class of people, and particularly the women. Hence the representatives of the United States flag are barely tolerated. They are not welcome among the people in any classes of society. There is always a smothered hatred of the uniform and the flag. Nor is this confined to the military, but extends to all classes who, representing northern interests, seek advancement in trade, commerce, and the liberal professions, or who, coming from the North, propose to locate in the South.

The men who compose the convention do, in my opinion, not represent the people of Alabama, because the people had no voice in their election. I speak with assurance on this subject, because I have witnessed the proceedings in my district. I do not desire to reflect upon the personnel of the delegation from Mobile, which is composed of clever and honorable men, but whatever may be their political course, they will not act as the true representatives of the sentiments and feelings of the people.

I desire in this connexion to refer to the statements of Captain Poillon, which you have submitted to me, and to indorse the entire truthfulness thereof. I have known Captain Poillon intimately, and have been intimately acquainted with the proceedings of the Freedmen's Bureau. Many of the facts stated by Captain Poillon I know of my own personal knowledge, and all I have examined into and believe.

On the 4th of July I permitted in Mobile a procession of the freedmen, the only class of people in Mobile who craved of me the privilege of celebrating the anniversary of the Declaration of Independence. Six thousand well-dressed and orderly colored people, escorted by two regiments of colored troops, paraded the streets, assembled in the public squares, and were addressed in patriotic speeches by orators of their own race and color. These orators counselled them to labor and to wait. This procession and these orations were the signal for a storm of abuse upon the military and the freedmen and their friends, fulminated from the street corners by the then mayor of the city and his common council and in the daily newspapers, and was the signal for the hirelings of the former slave power to hound down, persecute, and destroy the industrious and inoffensive negro. These men were found for the most part in the police of the city, acting under the direction of the mayor, R.H. Hough, since removed. The enormities committed by these policemen were fearful. Within my own knowledge colored girls seized upon the streets had to take their choice between submitting to outrage on the part of the policemen or incarceration in the guard-house. These men, having mostly been negro drivers and professional negro whippers, were fitting tools for the work in hand. Threats of and attempts at assassination were made against myself. Threats were made to destroy all school-houses in which colored children were taught, and in two instances they were fired. The same threats were made against all churches in which colored people assembled to worship, and one of them burned. Continued threats of assassination were made against the colored preachers, and one of them is now under special guard by order of Major General Wood. When Mayor Hough was appealed to by this man for protection, he was heard to say that no one connected with the procession of the 4th of July need to come into his court, and that their complaints would not be considered. Although Mayor Hough has been removed, a large majority of these policemen are still in office. Mayor Forsyth has promised to reform this matter. It is proper to state that he was put in office by order of Governor Parsons, having twice been beaten at popular elections for the mayoralty by Mr. Hough. This gives an indication of what will result when the office will again be filled by a popular election.

The freedmen and colored people of Mobile are, as a general thing, orderly, quiet, industrious, and well dressed, with an earnest desire to learn and to fit themselves for their new status. My last report from the school commissioners of the colored schools of Mobile, made on the 28th of July, showed 986 pupils in daily attendance. They give no cause for the wholesale charges made against them of insurrection, lawlessness, and hostility against their former masters or the whites generally. On the contrary, they are perfectly docile and amenable to the laws, and their leaders and popular teachers of their own color continually counsel them to industry and effort to secure their living in an honorable way. They had collected from themselves up to the 1st of August upwards of $5,000 for their own eleemosynary institutions, and I know of many noble instances where the former slave has devoted the proceeds of his own industry to the maintenance of his former master or mistress in distress. Yet, in the face of these facts, one of the most intelligent and high-bred ladies of Mobile, having had silver plate stolen from her more than two years ago, and having, upon affidavit, secured the incarceration of two of her former slaves whom she suspected of the theft, came to me in my official capacity, and asked my order to have them whipped and tortured into a confession of the crime charged and the participants in it. This lady was surprised when I informed her that the days of the rack and the thumbscrew were passed, and, though pious, well bred, and a member of the church, thought it a hardship that a negro might not be whipped or tortured till he would confess what he might know about a robbery, although not even a prima facie case existed against him, or that sort of evidence that would induce a grand jury to indict. I offer this as an instance of the feeling that exists in all classes against the negro, and their inability to realize that he is a free man and entitled to the rights of citizenship.

With regard to municipal law in the State of Alabama, its administration is a farce. The ministers of the law themselves are too often desperadoes and engaged in the perpetration of the very crime they are sent forth to prohibit or to punish. Without the aid of the bayonets of the United States Alabama is an anarchy. The best men of Alabama have either shed their blood in the late war, emigrated, or become wholly incapacitated by their former action from now taking part in the government of the State. The more sensible portion of the people tremble at the idea of the military force being eliminated, for, whatever may be their hatred of the United States soldier, in him they find their safety.

It has not been my lot to command to any great extent colored troops. I have had ample opportunity, however, of observing them in Tennessee, Mississippi, Louisiana, and Alabama, and, comparing them with white troops, I unhesitatingly say that they make as good soldiers. The two colored regiments under my command in Mobile were noted for their discipline and perfection of drill, and between those troops and the citizens of Mobile no trouble arose until after the proclamation of the provisional governor, when it became necessary to arm them going to and from their fatigue duty, because they were hustled from the sidewalk by infuriated citizens, who, carrying out the principles enunciated by Mayor Hough and the common council and the newspapers heretofore alluded to, sought to incite mob. I have said that a great deal of the trouble alluded to in the government of the State has arisen since the appointment and proclamation of the provisional governor. The people of Alabama then believed they were relieved from coercion of the United States and restored to State government, and that having rid themselves of the bayonets, they might assume the reins, which they attempted to do in the manner above described. When I speak of the people I mean the masses, those that we call the populace. There are thinking, intelligent men in Alabama, as elsewhere, who understand and appreciate the true condition of affairs. But these men, for the most part, are timid and retiring, unwilling to take the lead, and even when subjected to outrage, robbery, and pillage by their fellow-citizens, refrain from testifying, and prefer to put up with the indignity rather than incur an unpopularity that may cost their lives. Hence there is danger of the mob spirit running riot and rampant through the land, only kept under by our forces.

That there are organized bands throughout the country who, as guerillas or banditti, now still keep up their organization, with a view to further troubles in a larger arena, I have no doubt, though, of course, I have no positive testimony. But this I know, that agents in Mobile have been employed to transmit ammunition in large packages to the interior. One man by the name of Dieterich is now incarcerated in the military prison at Mobile charged with this offence. A detective was sent to purchase powder of him, who represented himself to be a guerilla, and that he proposed to take it out to his band. He bought $25 worth the first, and $25 worth the second day, and made a contract for larger quantities. Deputations of citizens waited upon me from time to time to advise me that these bands were in being, and that they were in imminent peril upon their avowing their intentions to take the oath of allegiance, or evincing in any other way their loyalty to the government; and yet these men, while they claimed the protection of the military, were unwilling to reveal the names of the conspirators. I have seen General Wood's statement, which is true in all particulars so far as my own observation goes, and I have had even far better opportunities than General Wood of knowing the character of the people he now protects, and while protecting, is ignored socially and damned politically; for it is a noticeable fact that, after a sojourn in Mobile of upwards of six weeks in command of the State, during part of which time he was ill and suffering, he received but one call socially out of a community heretofore considered one of the most opulent, refined, and hospitable of all the maritime cities of the South, the favorite home of the officers of the army and the navy in by-gone days; and that one call from General Longstreet, who was simply in transitu.

THOMAS KILBY SMITH, Brigadier General United States Volunteers.



No. 10.

HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,

Jackson, Mississippi, August 27, 1865.

General: The northern district of Mississippi embraces that portion of the State north of southern boundary lines of Clark, Jasper, Smith, Simpson, and Hinds counties, except the six counties (Warren, Yazoo, Issaquena, Washington, Sunflower, and Bolivar) constituting the western district.

The entire railroad system of the State is within my district, and although these lines of communication were seriously injured during the war, steps are being taken everywhere to repair them as fast as means can be procured. The break of thirty-five miles on the Southern (Vicksburg Mendrain) railroad, between Big Black and Jackson, is, by authority of the department commander, being repaired by my troops, and will be ready for operation in a few days.

The thirty-six counties under my military control constitute the richest portion of the State, the soil being the most available for agricultural purposes, cotton (Upland) being the great staple, while in the eastern counties, in the valley of the upper Tombigbee, corn was grown very extensively, the largest proportion of the usual demand in the State for this cereal being supplied from that section.

The war and its consequences have laid waste nearly all the old fields, only a few acres were cultivated this year to raise sufficient corn for the immediate use of the respective families and the small amount of stock they succeeded in retaining after the many raids and campaigns which took place in the State of Mississippi. Even these attempts will only prove partially successful, for, although the final suppression of the rebellion was evident for the past two years, the collapse which followed the surrender of the rebel armies brought with it all the consequences of an unforeseen surprise. The people had in no way provided for this contingency, and of course became very restive, when all property which they had so long been accustomed to look upon as their own suddenly assumed a doubtful character. Their "slaves" began to wander off and left their masters, and those growing crops, which could only be matured and gathered by the labor of the former slaves. For the first time the people saw and appreciated the extreme poverty into which they were thrown by the consequences of the rebellion, and it will hardly surprise any one familiar with human nature, that people in good standing before the war should resort to all kinds of schemes, even disresputable ones, to retrieve their broken fortunes.

Theft and every species of crime became matters of every-day occurrence. The large amount of government cotton in all parts of the State proved a welcome objective point for every description of lawlessness. Absent owners of cotton were looked upon by these people as public enemies and became the victims of their (mostly illegal) speculations during the rebellion. This state of affairs continued for some time in all portions of the district not occupied by United States troops, and were in most instances accompanied by outrages and even murder perpetrated on the persons of the late "slaves."

As soon as a sufficient number of troops could be brought into the district, I placed garrisons at such points as would, as far as my means permitted, give me control of almost every county. By the adoption of this system I succeeded in preventing this wholesale system of thieving, and a portion of the stolen goods was recovered and returned to the owners, while the outrages on negroes and Union men sensibly diminished.

From the beginning of the occupation until a recent period only five (5) cases of murder or attempted murder occurred in my whole district, and I had no apprehension but what I would be able to stop the recurrence of such crimes effectually. The troops at my disposal were, however, sadly reduced by the recent muster-out of cavalry and infantry regiments.

Attala and Holmes counties were, on my arrival, the theatre of the greatest outrages; the interior of these counties was garrisoned by cavalry detachments, which communicated with the infantry posts along the railroad, and they (the cavalry) were most effective in preventing crime and arresting malefactors, thus affording the much needed protection to peaceable inhabitants. The cavalry garrisons, however, were withdrawn about two (2) weeks ago for muster-out, and since that time four (4) murders, two of white Union men and two of negroes, have been reported to me from Attala county. The infantry garrisons along the railroad are actively endeavoring to effect the arrest of the suspected parties, but the chances of success are exceedingly doubtful, as only mounted troops can be successfully used for that purpose.

There is no doubt whatever that the state of affairs would be intolerable for all Union men, all recent immigrants from the north; and all negroes, the moment the protection of the United States troops was withdrawn.

In support of this opinion permit me to make a few remarks about the citizens. Although the people, as a general thing, are very anxious for peace, and for the restoration of law and order, they hardly realize the great social change brought about by the war. They all know that slavery, in the form in which it existed before the war, and in which they idolized it, is at an end; but these former slave owners are very loth to realize the new relative positions of employer and employee, and all kinds of plans for "new systems of labor" are under constant discussion. The principal feature of all plans proposed is that the labor of the nominally freedmen should be secured to their old masters without risk of interruption or change. This desire is very natural in an agricultural community, which has been left for generations in the undisturbed enjoyment of all the comforts and independent luxuries induced by a system where the laborer and not the labor was a marketable commodity. It is, however, just as natural that those most interested should differ essentially with the slaveholder on that point. They naturally claim that they (the laborers) have by the war and its consequences gained the right to hire out their labor to whomsoever they please, and to change their relations so as to insure for themselves the best possible remuneration. The defenders and protectors of this last position are principally the agents of the Freedmen's Bureau and the co-operating military forces, and of course they are not liked. Their decisions and rules are looked upon by former slaveholders, and late rebels generally, as the commands of a usurper and a tyrant, and they will continue to be so regarded until a general resumption of agricultural pursuits shall have brought about a practical solution o this much vexed question, which, "in abstracts," is rather perplexing. I think that if each party is compelled to remain within the bounds of justice and equity by the presence of a neutral force, i.e. United States troops, one year's experience will assign to both employers and employees their respective relative positions.

As soon as this most desirable end is attained, and the labor of the southern States regenerated on a real free labor basis, and thus brought into harmony with the other portions of the Union, the exclusive and peculiar notions of the southern gentlemen, so much at variance with the views of the North, will have no longer any cause to exist, and the southern people will be glad to recognize the American nationality without reserve, and without the sectional limitation of geographical linos.

I desire to affirm that loyalty and patriotism have not as yet gained any solid foundation among the white population of the States, and such cannot be expected until the relations between employers and laborers have become a fixed and acknowledged fact; then, and not before, will a feeling of contentment and loyalty replace the now prevalent bitterness and recriminations.

The taking of the amnesty oath has not changed the late rebels (and there are hardly any white people here who have not been rebels) into loyal citizens. It was considered and looked upon as an act of expediency and necessity to enable them to build their shattered and broken fortunes up again.

The elevating feeling of true patriotism will return with the smile of prosperity, and it should be the duty of all men to co-operate together in securing that end. This can only be done by securing for the black race also a state of prosperity. This race, which at present furnishes the only labor in the State, must be prevented from becoming a wandering and restless people, and they must be taught to become steady citizens. This will best be accomplished by guaranteeing them the right to acquire property and to become freeholders, with protection in the undisturbed possession of their property. This and a general system of education will work a quicker and more satisfactory change than the most stringent police regulations could ever achieve.

At present the occupancy of the State by the United States troops is the only safeguard for the preservation of peace between the different classes.

I am, general, with great respect, your obedient servant,

P. JOS. OSTERHAUS, Major General U.S. Vols.

Major General CARL SCHURZ, Present.



No. 11.

STATEMENT OF MAJOR GENERAL CHARLES R. WOODS, COMMANDING DEPARTMENT OF ALABAMA.

Mobile, Ala., September 9, 1865.

I do not interfere with civil affairs at all, unless called upon by the governor of the State to assist the civil authorities. There are troops within reach of every county ready to respond to the call of the civil authorities, but there are some counties where the sheriffs and other officers of the law appear to be afraid to execute their warrants, even with the aid of my troops, because the protection the troops might give them is liable to be withdrawn as soon as the duties for which they are called upon are fulfilled, although the troops are continually ready to aid them at short notice.

In many of the counties, where there are no garrisons stationed, the civil authorities are unable or unwilling to carry out the laws. One case has come to my official notice where persons had been arrested on the complaint of citizens living in the country, for stealing, marauding, &c., but when called upon to come down to testify, the complainants declared that they did not know anything about the matter. There being no testimony, the accused parties had to be released. One of those who, by the offenders, was supposed to have made complaint, was, shortly after the release of the accused, found with his throat cut. It appears that in that locality the lawless element predominates, and keeps the rest of the community in fear of having their houses burnt, and of losing their lives. The case mentioned happened in Washington county, about forty miles from this city, up the Alabama river. There is a garrison of four companies at Mount Vernon arsenal, not far from that place, which at all times are ready to render aid to the civil authorities.

I have sent a detachment of troops with an officer of the Freedmen's Bureau into Clark, Washington, Choctaw, and Marengo counties to investigate the reports of harsh treatment of the negroes that had come into the Freedmen's Bureau.

Cotton-stealing is going on quite generally, and on a large scale, wherever there is any cotton, and the civil authorities have completely failed in stopping it. It has been reported to me by citizens that armed bands attack and drive away the watchmen, load the cotton upon wagons, and thus haul it away. No case has come to my knowledge in which such offenders have been brought to punishment. Horse, mule, and cattle stealing is likewise going on on a large scale.

In compliance with instructions from General Thomas, I have issued orders to arrest, and try by military commission, all citizens who are charged with stealing government horses, mules, or other property. No such cases had been taken cognizance of by civil authorities within my knowledge.

As to the treatment of negroes by whites, I would refer to the reports of the Freedmen's Bureau.

I sent out officers to every point in the State designated by the governor, on an average at least two officers to a county, for the purpose of administering the amnesty oath, but owing to a misapprehension on the part of the people, but few were taken before these officers until the governor's second proclamation came out, requiring them to do so, when the oath was administered to a great many.

I have found myself compelled to give one of the papers appearing in this city (the Mobile Daily News) a warning, on account of its publishing sensational articles about impending negro insurrections, believing that they are gotten up without any foundation at all, for the purpose of keeping up an excitement.

CHAS. R. WOODS, Brevet Major General, Commanding Department of Alabama.



No. 12.

[General Orders No. 22.]

HEADQUARTERS DEPARTMENT OF MISSISSIPPI,

Vicksburg, Miss., August 24, 1865.

The attention of district commanders is called to a proclamation of the provisional governor of the State of Mississippi, of the 19th instant, which provides for the organization of a military force in each county of the State.

While the general government deems it necessary to maintain its authority here by armed forces, it is important that the powers and duties of the officers commanding should be clearly defined.

The State of Mississippi was one of the first that engaged in the recent rebellion. For more than four years all her energies have been devoted to a war upon our government. At length, from exhaustion, she has been compelled to lay down her arms; but no orders have as yet been received by the military authorities on duty here, indicating that the State has been relieved from the hostile position which she voluntarily assumed towards the United States.

The general government, earnestly desiring to restore the State to its former position, has appointed a provisional governor, with power to call a convention for the accomplishment of that purpose. Upon the military forces devolve the duties of preserving order, and of executing the laws of Congress and the orders of the War Department. The orders defining the rights and privileges to be secured to freedmen meet with opposition in many parts of the State, and the duties devolving upon military officers, in the execution of these orders, are often of a delicate nature. It has certainly been the desire of the department commander, and, so far as he has observed, of all officers on duty in the State, to execute these orders in a spirit of conciliation and forbearance, and, while obeying implicitly all instructions of the President and the War Department, to make military rule as little odious as possible to the people. While the military authorities have acted in this spirit, and have been as successful as could have been anticipated, the provisional governor has thought proper, without consultation with the department commander or with any other officer of the United States on duty here, to organize and arm a force in every county, urging the "young men of the State who have so distinguished themselves for gallantry" to respond promptly to his call, meaning, thereby, that class of men who have as yet scarcely laid down the arms with which they have been opposing our government. Such force, if organized as proposed, is to be independent of the military authority now present, and superior in strength to the United States forces on duty in the State. To permit the young men, who have so distinguished themselves, to be armed and organized independently of United States military officers on duty here, and to allow them to operate in counties now garrisoned by colored troops, filled, as many of these men are, not only with prejudice against those troops and against the execution of the orders relative to freedmen, but even against our government itself, would bring about a collision at once, and increase in a ten-fold degree the difficulties that now beset the people. It is to be hoped that the day will soon come when the young men called upon by Governor Sharkey and the colored men now serving the United States will zealously co-operate for the preservation of order and the promotion of the interests of the State and nation. It will be gratifying to the friends of the colored race to have the assurance in an official proclamation from the provisional governor, that the day has already arrived when the experiment can be safely attempted. But as the questions on which these two classes will be called to co-operate are those with regard to which there would undoubtedly be some difference of opinion, particularly as to the construction of certain laws relative to freedmen, the commanding general prefers to postpone the trial for the present. It is the earnest desire of all military officers, as it must be of every good citizen, to hasten the day when the troops can with safety be withdrawn from this State, and the people be left to execute their own laws, but this will not be hastened by arming at this time the young men of the State.

The proclamation of the provisional governor is based on the supposed necessity of increasing the military forces in the State to prevent the commission of crime by bad men. It is a remarkable fact that most of the outrages have been committed against northern men, government couriers, and colored people. Southern citizens have been halted by these outlaws, but at once released and informed that they had been stopped by mistake; and these citizens have refused to give information as to the parties by whom they were halted, although frankly acknowledging that they knew them.

Governor Sharkey, in a communication written after his call for the organization of militia forces was made, setting forth the necessity for such organization, states that the people are unwilling to give information to the United States military authorities which will lead to the detection of these outlaws, and suggests as a remedy for these evils the arming of the very people who refuse to give such information.

A better plan will be to disarm all such citizens, and make it for their interest to aid those who have been sent here to restore order and preserve peace.

It is therefore ordered, that district commanders give notice at once to all persons within their respective districts that no military organizations, except those under the control of the United States authorities, will be permitted within their respective commands, and that if any attempt is made to organize after such notice, those engaged in it will be arrested. Whenever any outrages are committed upon either citizens or soldiers, the commander of the post nearest the point at which the offence is committed will report the fact at once to the district commander, who will forthwith send as strong a force to the locality as can be spared. The officer in command of such force will at once disarm every citizen within ten miles of the place where the offence was committed. If any citizen, possessing information which would lead to the capture of the outlaws, refuses to impart the same, he will be arrested and held for trial. The troops will be quartered on his premises, and he be compelled to provide for the support of men and animals. These villains can be arrested, unless they receive encouragement from some portion of the community in which they operate; and such communities must be held responsible for their acts, and must be made to realize the inevitable consequences of countenancing such outrages.

By order of Major General SLOCUM:

J. WARREN MILLER, Assistant Adjutant General.



No. 14.

[Reported for the Vicksburg Journal.]

Speeches of Hon. Sylvanus Evans and Richard Cooper, candidates for Congress and attorney general, Vicksburg, September 19, 1865.

Pursuant to a call published in our yesterday's issue, a large number of citizens assembled at Apollo Hall last evening to listen to addresses from prominent candidates for office at the ensuing election.

Shortly after 8 o'clock Hon. A. Burwell introduced Hon. Richard Cooper to the meeting, who addressed them as follows:

SPEECH OF MR. COOPER.

Fellow-citizens: I present myself before you to-night as a candidate for the office of attorney general. I have not before spoken in public since announcing myself, relying wholly upon my friends and past record. I have resided in this State twenty-nine years, and have for twelve years been a prosecuting attorney.

Soon after announcing myself I found I had an opponent, and I concluded to accompany my friend, Judge Evans, to Vicksburg, merely to make myself known, not intending to make a speech.

I was born in Georgia. The first vote I ever cast was with the old-line Whig party. [Applause.] In 1850 I opposed an attempt to break up the United States government, and in, 1860 I did the same thing. I travelled in Alabama and Mississippi to oppose the measure. [Applause.] But after the State did secede I did all in my power to sustain it. [Heavy applause.] I never entered the army, having held a civil office, and was advised by my friends that I could do more good in that way than by entering the service. I believed in secession while it lasted, but am now as good a Union man as exists, and am in favor of breaking down old barriers, and making harmony and peace prevail.

I was a delegate to the State convention lately in session at Jackson, and hope the legislature will carry out the suggestions of the convention. I believe the negro is entitled to the claims of a freeman, now that he is made free, and I hope he will have them secured to him. I am thankful that Mississippi has the right of jurisdiction, and I hope she will always have it. The office I am a candidate for is not a political, but strictly a judicial office. If elected I shall use my utmost endeavors to promote the interests of the State and country.

Hon. Sylvanus Evans was then introduced to the audience by Mr. Cooper, who spoke substantially as follows:

SPEECH OF JUDGE EVANS.

FELLOW-CITIZENS OF WARREN COUNTY: I am grateful to meet you here this evening, although a stranger to most of you. Here you must judge of my standing, and I hope you will pardon me while I attempt to explain my position to you. I came to Mississippi in 1837, and moved to Lauderdale county in 1839; by profession, in early life, a blacksmith, latterly a lawyer, practicing in eastern Mississippi; to some extent a politician, always believing in the policy of the old-line Whigs, and always acting with them. In 1851 I was a delegate from Lauderdale county to the State convention, then, as in 1860, being opposed to the act of secession, and fought against it with all my powers. But after the State had seceded I went with it as a matter of duty, and I sustained it until the day of the surrender with all my body and heart and mind. [Great applause.] I believed that the majority of the people did not know what was to come, but, blending their interests with mine, I could not, with honor, keep from it.

We are now emerging; now daylight is dawning upon us. But whether peace and prosperity shall return in its fulness is now a question with the people. I am a candidate before you for the United States Congress. Let me say to you, as wise men, that unless the people and the legislature do their duty, it is useless to send me or any one else to Washington, as we cannot there obtain seats in Congress.

My opponent, Mr. West, was nominated at Jackson by a lot of unauthorized delegates, which nomination was, in my judgment, of no account. Were your delegates from this county authorized to nominate candidates for Congress? Ours were not. I am before the people at the urgent request of many friends; not by any nomination made at Jackson.

I heartily approve of the action of the convention. But this action will be useless unless the legislature you elect meet and build the structure upon the foundation laid by the convention. The convention did not abolish slavery. The result of four and a half years of struggle determined whether it was abolished by the bayonet or by legislation. It remains for you to show by your action whether this was done to rid the State of bayonets, or to obtain your representation in Washington. It is not enough to say the negro is free. The convention requires the legislature to adopt such laws as will protect the negro in his rights of person and property.

We are not willing that the negro shall testify in our courts. We all revolt at it, and it is natural that we should do so; but we must allow it as one of the requisites of our admission to our original standing in the Union. To-day the negro is as competent a witness in our State as the white man, made so by the action of the convention. The credibility of the witness is to be determined by the jurors and justices. If you refuse his testimony, as is being done, the result will be the military courts and Freedmen's Bureau will take it up, and jurisdiction is lost, and those who best know the negro will be denied the privilege of passing judgment upon it, and those who know him least are often more in favor of his testimony than yours. I am opposed to negro testimony, but by the constitution it is admitted. (The speaker was here interrupted by an inquiry by one of the audience: "Has this constitution been ratified by the people, and has the old constitution been abolished?" To which Mr. Evans replied: The people did not have an opportunity to ratify it. The convention did not see fit to submit it to them, and its action in the matter is final.)

Slavery was destroyed eternally before the convention met, by the last four years of struggle. The convention only indorsed it, because it could do nothing else. I consider that convention the most important ever held on this continent—the determination of the war pending upon its action, and its great influence upon our southern sister States. The unanimity of the convention was unparalleled: the result of which has met with universal approval.

The only objectors to its action is the radicalism of the north, which thinks it should have conferred universal suffrage on the freedmen.

It is useless to send any one to Washington to gain admission to the Congress of the United States unless the legislature carries out the dictations of the convention for the protection of the freedmen's rights and property, and let them have access to the courts of justice.

Do you not desire to get rid of the Freedmen's Bureau and the bayonets and meet the President half way in his policy of reconstruction? If you do, be careful and send men to the legislature who will carry out this point, and thereby enable your congressmen to obtain their seats, and not have to return.

The speaker was here again interrupted by Mr. John Vallandigham, who wished to inform the gentleman and all present that there were no secessionists now.

(The speaker requested not to be interrupted again.) [Great applause.] I am no demagogue. Supposing you fail to meet the President in his policy, what will be the result? The convention has done its duty. It remains for you to elect men to the next legislature who will secure to the freedman his right. There are large republican majorities in the United States Congress. The northern press, denouncing the President's policy, are assuming that Congress has the right to dictate to you who shall be your rulers. The result of the large majorities will be to give the right of suffrage to every man in the State, and the negroes will elect officers to govern you.

The President and the conservative element of the north are determined that the negro shall be placed where nature places him, in spite of the fanatics.

We can only make free labor profitable by giving the negro justice and a right at the courts.

It is hard to accept the fact that our slaves stand as freedmen, and that we have no more right to direct them. It is hard to realize, but let us look at it as it is, and act accordingly.

Your country is laid desolate, your farms have been ravished and impoverished by the war. Vicksburg, the city of hills, everywhere bears marks of war. The Mississippi valley is desolate. You have been deprived of your property in the negro, your houses burned and destroyed.

We can meet the President and the conservative element of the north by a simple act of legislation, and it becomes us as a country-loving people to look well to the candidates for the legislature. If they fail to take the necessary step, the result will be that the Freedmen's Bureau and bayonets will remain with us until they do.

Although somewhat ignorant of the proceeding of the federal Congress, if elected I shall try to promote the especial interests of this State. I shall urge that the United States government owe it as a duty to the State of Mississippi to repair her levees; her people are so impoverished by the war that they cannot stand the taxation necessary to rebuild them. I believe it to be the duty of the general government to appropriate money to assist the people to improve their railroads, rivers, and assist in like new enterprises.

Another important question, that of labor, I believe can only be settled by legislation. I believe it to be for the interests of the people of the south to have the vagrant freedmen removed, as they are the cause of continued strife and tumult.

I am sure we do not want the scenes of St. Domingo and Hayti repeated in our midst. I believe such will be the case if they are not removed. If elected, I shall urge upon the general government the duty of colonizing the negroes; it being the duty of the government to do this, as we are deprived of that amount of property, and the negroes should be removed where they can be distinct and by themselves. It is impossible for the two classes to exist equal together, for we would always be liable to outbreaks and bloodshed. We must either educate them or abolish them, for they know but little more now than to lie all day in the sun and think some one will look out for them. Though free, they cannot yet understand what freedom is, and in many cases it is an injury rather than a benefit. It would be better to have white labor than to try and retain the black.

Another important point—a great debt has been contracted by the federal government. The south cannot pay a proportion of that debt. I am opposed to repudiation, but am in favor of relieving the south of the internal revenue tax.

My opponent, Mr. West, contends that Mississippi must pay her taxes up to 1865. I do not think so; and this is the only issue between us. I deny that the government has a right to levy such a tax, and contend that the government cannot impose a tax upon a State unless that State participates in the accumulation of that debt. At the time this debt was contracted we were recognized as belligerents, and not liable to a share of the debt then contracted for. That back tax can only be collected by a special act of Congress, and, if elected, I shall oppose any such act.

Mr. West proposed an amendment in favor of secession into the State senate, while I was opposed to it. I always contended that slavery would die with secession, while Mr. West said it was the only remedy. But I do not consider this any time to talk of secession, but rather bury all such in oblivion, and talk of the best way to restore peace.

In many instances those who opposed secession the most were the first to enter the army and fight most valiantly. (Applause.) I believe it to be our duty to forget all this and attend to present issues.

It is time the war was over, and it is time that the results of the war were settled, and those are to be settled by the actions of the people themselves.

Determine for yourselves whether or not the President does not offer terms that should suit any of us; is he not trying to stay the tide of fanaticism at the north that would overwhelm us? Has he not shown it in our own State in the appointment of our military governor? No man in the State could have been appointed to give more general satisfaction than W.L. Sharkey, an able, straightforward, just man.

The President, in his speech to the southern delegation, assures them that he is determined to stay the tremendous tide of the fanatics of the north, and that suffrage to the negro shall not be forced upon the people of the south.

If elected, I will heartily co-operate with the President in his policy of reconstruction, for I am bitterly opposed to conferring the right of suffrage upon the negro. I believe it to be the right of the States to settle that matter.

The radicals of the north now contend that they have a right to confer the right of suffrage on the negro, and we must at this hour support the President in approving that idea; if not, he will be overpowered, and that will be the result.

In conclusion, if honored with an election I pledge myself to exert every energy in my power in behalf of the State and district.

At the conclusion of the remarks of Judge Evans, loud and repeated calls for Colonel Patridge brought that gentleman to his feet. He was received with much applause, which was somewhat protracted, showing the favor in which he was held by the audience. Upon rising and attempting to speak from his place on the floor, loud and urgent calls demanded that he should take the stand. Colonel Patridge replied that he would not take the stand until he met his competitor there.

REMARKS OF COLONEL PATRIDGE.

He said that as a public journalist he had gone in and out before this people for many years. His views were as well known as those of any man who ever approached the people, asking their suffrage. He was a union man before the war, and a soldier in the war. He had performed his duty as a private and an officer, on the battle field and on the staff. At the close of the struggle, terminating as it had in our overthrow, he had used his entire exertions to speedily restore Mississippi to her former relations with the federal government. The convention had done this, in entire accordance with the views he had entertained, and if elected to the legislature, he should finish the work in the same spirit, and carry out fully the policy of the convention.

So far as the question of admitting the testimony of negroes into our courts was concerned, he expressed no opinion upon it, as a separate question. He had as many prejudices as other southern men. But in his public acts he had always endeavored to discard prejudice. He looked to the happiness and welfare of the people. But there was one phase of the negro testimony question which was settled. The negro was already regarded as a competent witness. He alluded to the cases which, by an act of Congress, came under the jurisdiction of the Freedmen's Bureau. The question was not whether their testimony should be received or not. It was already received. The question was whether, in receiving it, it shall be received before our own civil magistrates or juries, or before the provost marshals of the Freedmen's Bureau. He had no hesitation in expressing himself in favor of the former. He was opposed to all systems of repudiation, whether styled stay laws, bankrupt laws, or insolvent acts, and in general was in favor of placing Mississippi in the front rank of States. He desired to see our congressmen admitted at the next session, and to that end would do all in his power to promote the policy of President Johnson for the rehabilitation which it was understood was the ultimatum. His remarks, which were exceedingly well received, were continued for fifteen or twenty minutes, at the close of which he announced himself ready to meet his competitor, whom he spoke of in high terms, at any time to discuss the momentous issues devolving upon the next legislature.