te*^ jifci t«fe . Mil a i >!'. 5! '- , . Ti^'Vulc/ii 'i ' h> if','' l»Jp >'.; '.It ; I5J11 a* YALE UNIVERSITY LIBRARY EEPOET MAJOR GENERAL MEADE'S Military Operations and Administration of Civil Affairs Third Military District and Den>';of the South, For the Yeax 1868, with Accompanying Documents. ATLANTA, GA.: ASSISTANT ADJUTANT GENERAL'S OFFICE, DEPARTMENT OF THE SOUTH. 1868. i?^e:po :Ei>'v, HEADQUARTERS DEPARTMENT OP THE SOUTH, Atlanta, Gkoeqia, October 31, 1868. Sreret Major General John A. Rawlins, Chief of Staff, Washing- ion, D. a General: — I herewith transmit, for the information of the Gene ral-in-Chief, a hrief abstract of the operations under my command, whilst in charge of the late Third Military District, and subsequently in command of the Department of the South. War Department, General Orders, No. 104, of date December 28, 1867, assigned me to the command of the Third Military District, and on the 6th of January, 1868, f assumed the command with the Head quarters in this city. The Third Military District at that time, consisted of the States of Georgia, Alabama and Elorida. The condition of affairs was simply as follows : In the State of Georgia, a Convention elected under the Reconstruction Laws, was in session in Atlanta, but hampered and embarrassed for want of funds. In Alabama, a Convention had met, framed a Constitution, nomin ated a ticket for State officers, and adjourned. In Florida an election had been held for members of a Convention, but the body did not meet, under the orders of my predecessor, till the 20th of January. It is impossible in a report of this kind to give all the various ques tions and their details, which arose and were adjusted by my action ; but as by the provisions of the -Keconstruction Laws, from whence my authority emanated, the power of disapproving my acts was vested in the General-in-Chief of the Army, I from the first, before taking action in any important matter, laid before that officer my views and proposed course. I have therefore deemed it best to append to this report, as part of it, a full file of the telegrams between the Head quarters of the Army and myself; and it is with great pride and sat isfaction I refer to the same, as they will show that it was rarely that the General-in-Chief was called on to overrule my judgment. I shall confine myself in this report to the briefest allusion to the special points to which I wish to invite particular attention. One of the first questions that presented itself to my action, was the financial difficulty in the Georgia Convention. I found my predeces sor had endorsed the requisition of the Secretary of the Convention, and directed its payment out of the Treasury, and that the Treasurer had refused payment, on the ground that money could only be paid out of the State Treasury on warrants drawn by the Governor. Find ing this to be the state of the case, I appealed to His Excellency, (;harles J. Jenkins, and requested, in view of the necessities of the Convention, of the law of Congress authorizing this Convention, and the ordinan ces levying a tax for the payment of its expense.-!, that he would draw the necessary warrant for the sum required for their immediate and pressing expenses. The Governor in reply declined to draw any war rant except under appropriation by Law, and informed me very dis tinctly, that he did not acknowledge, and would not be bound by the Reconstruction Acts of Congress, which, in his judgment were uncon stitutional, null and void. On receipt of this communication there was no alternative but the removal of Governor Jenkins, which was accordingly done, and Brevet Brigadier General Thomas H. Ruger assigned to duty in his place. Subs^uently I Viras compelled to remove the State Treasurer and Comptroller, assigning to these posi tions Captains Rockwell and Wheaton of the Army. I considered it judicious policy to avail myself of the authority granted in the Re construction Laws, to detail officers of the army to perform these du ties, as in this way I gave evidence to the people of the State and of the country, that my only object in making the removals, was the ex ecution of the Law, and that the same was free from any personal or political bias. It affords me gratification to say that I believe the ef fect of these changes was most beneficial, and that the administration of General Ruger and his associates, who continued in office 'till the State was admitted to representation, was in every way creditable to them and satisfactory to the people of all parties in the State. Soon after my arrival at my post I received numerous communica tions from respectable citizens, complaining of the effect of the pass- ago, by the Conventions of Alabama and Georgia, of acts known as Relief Laws, which wore intended as staj' laws, to afford relief to debtors from the immediate pressure of their creditors. It was urged that the acts of these Conventions, not being binding nor having the effect of law till ratified by a vote of the people, and it re quiring time before this vote could be taken, that in view of the probable acceptance by the people of these acts, creditors were hurry. ing their action and pressing their debtors, thus making these measures really acts of oppression, and I was called on to interpose my authori ty, and give to these acts the force of law until the people could vote on them. Although personally opposed in principle to any laws in terfering with the rights of creditors, there was nevertheless so much force in the reasoning advanced, and the demand from all classes was so imperative, that after consultation and approval of the General-ir>. chief, orders were issued making said acts- laws, until reversed or con firmed by the vote of the people. Immediately on taking command I was applied to from all parts of the several States comprising the District, for the removal of incum bents in office and the substitution tharein of individuals nominated. These applications were based on various grounds, some purely per sonal or political, others on the necessity of a change in order to carry reconstruction, and sometimes on the ground of neglect of duty, or malfeasance in office. As it was impossible for me, in my ignorance of men, to form any judgment on the complaints preferred, or on the fitness and capacity of those seeking office, I determined to abstain from making any changes except where there was proved neglect of duty, malfeasance in office, open refusal to obey the Reconstruction Laws, or attempts to obstruct their execution. In all cases I required written charges and evidence to be produced, and when these charges affected, as they did in many instances, whole municipal bodies, I di rected investigation by boards of officers, and in all cases gave those accused, a full hearing and every opportunity to defend themselves. A firm adherence to this rule, and the reports of several board.s non- concurring in the charges presented, relieved me, after a while, from the great pressure brought to bear and during the whole course of my administration there was not a removal made that the archives of the District will not show was made for some cause alleged, and after in vestigation. There were necessarily many appointments made to fill vacancies caused by deaths, resignations and removals of incumbents from the Counties or States they were living in. Another difficulty which operated to compel me to adopt the course above reported, was the fact that by the Reconstruction laws no person could be appointed to office without taking the oath prescribed, which was of such a character that it limited to a very small number the person.s able to hold office. So great was this difficulty, that when I saw a bill in Con gress requiring the vacation of all offices by those not able to take the test oath, I felt it my duty to telegraph the General-in-Chief that if this became a law, it would be impossible to fill the offices, as there were not enough such persons in either of the States to fill half the civil offices in these States, and I urgently recommended authority be granted me to appoint to office registered voters. The bill did not become a law, and no change was made in my policy. As previously stated the Convention in Alabama, had under my predecessor, assembled and framed a Constitution which was to be submitted to the people. The Convention had fixed the 4th day of February on which to hold the election, and my predecessor directed in orders, the election to continue for two days, with as many precincts as the managers might deem advisable. On representation to me that two days was insufficient to enable all the votes to be received, an ex tension by my authority was made of the time to four days, but the precincts limited in each county to three. The election was held at the time specified, but owing to a violent storm occurring the first two days, the time was further extended one day, making five in all. A special report having been made on the subject of this election, I deem it only necessary to say here, that from all the evidence 1 could procure, (and I caused the most thorough investigation to bemade), the Constitution was fairly rejected by the people, under the law requi ring a majority of the registered voters to cast their ballots for or against, and that this rejection was based on the merits of the Consti tution itself, which was obnoxious to a large body of the friends of reconstruction, proved so by the fact, that out of nineteen thousand (19,000) white voters for the Convention, there were only five thou sand (5,000) for the Constitution, and partially from the fact that the Constitutional Convention had made nominations to all the State offi cers, which ticket was not acceptable in all respects to the party fa voring reconstruction. It will be seen by an inspection of the tele grams accompanying this report, that I had advised against an election for State officers at the same time the Constitution was being voted on, believing that the same was not only not required by the Reconstruc tion Laws, but that there were objections arising out of personal and partisan feelings that would or might affect the vote on the Constitu- ¦ tion. After the rejection of the Constitution, I was in favor of its being revised by re-assembling the Convention, and so officially re ported. Congress, however, admitted the State, and the Legislature convened under the Constitution, has in some measure, modified its most obnoxious features. Upon the subject of this election in Ala bama, I beg leave to refer to my special report and to the telegraphic correspondence hereto annexed. The election for members of the Constitutional Convention in Flo rida having been held under the direction of my predecessor, he had advised the assembling of the same on the 20th of January, 1868. Prior to the assembling of the Convention, I had referred to me by the President of the United Slates, a memorial, sent to him by the Provisional Governor of the State, and signed very unanimously by prominent citizens, in which the gravest charges were brought against the managers of the election, involving frauds of all kinds, and even charging the registration of the State, and the districting of the same as having been fraudulently executed, the memorialists urging me to interpose my authority, suspend the meeting of the Convention and proceed to investigate the charges which they pledged themselves to prove. Upon examination of the law I could find no remedy short of Congressional action, even should their grave charges be proved, I therefore made no change in the period fixed for the assembling of the Convention, but ordered a Board of Officers to investigate the charges, notifying the memorialists of my action, and pledging my self to place before Congress all the testimony they might put before the Board, It is hardly necessary to say, that when it was found the Convention was allowed to meet and do its work, the Board had little to do ; and after remaining in session for some weeks, and calling without avail on the signers of the memorial for their evidence, the Board closed its session without having any charge proved of all those made. The Convention met, but soon after meeting, there arose dissensions and bickerings, resulting in the secession of a large part of the Convention, and the claim of both parties to be regarded as the legitimate Convention. For some time I allowed these dissensions to proceed, not seeing clearly how I could act until I had found that the Con vention which had originally assembled, and which I had recognized as the legitimate body, had, by the secession of its members, been re duced below a legal quorum. When this arrived, I required this body either to bring in sufficient members to give them a legal quorum, or, failing in that, to accept certain terms of compromise, which, after re flection, I deemed just to both parties; or if this failed, I intimated I should assume the authority and proceed, in view of the impossibility of harmonizing the difficulties, to adjourn both Conventions, and re fer the points in dispute to Congress for such action as it might deem proper to take. The compromise proposition having been accepted, the two parts of the Convention assembled, re-organized and pro ceeded to frame a Constitution, which was subsequently ratified by the people and adopted by Congress. The Convention in Georgia, after being in session several months, finally, in March, adopted a Constitution, which, together with a State ticket, was submitted to the people in April, and ratified by a very handsome majority of the registered vote; all parties taking part in the election. This Constitution with some modifications was adopted by Congress ; and the Legislature, which convened in July, making these modifications and otherwise complying with the requirements of the Reconstruction Laws, the State, together with Alabama and Flo rida, were, by Act of Congress, formally admitted to representation. There is one point in regard to the admission of the State of Geor gia, to which I feel called upon to make special allusion. When the Legislature was convened by the Provisional Governor and Governor elect, the question arose whether as Military Commander, I was called on to enquire into the eligibility of the members, either under the 8 United States laws, or the Constitution of Georgia, The Convention of Georgia had iu its ordinance calling an election, directed that all returns should be sent to the Military Commander of the District, who was requested to issue the necessary certificates of election. In car rying out this request of the Convention, I deemed my duty simply required that I should give the member having the greatest number of votes the ordinary certificate of election, and that it would be for each House to decide on the eligibility of these members, whose seats were on any grounds contested. Whilst I admitted as District Com mander, executing the law, I was to see that no one ineligible to of fice under the Fourteenth Article Constitutional Amendment should be allowed to take office, I did not see that in the case of a parlia mentary bodj', I was called on to decide on the qualifications of the ., members. In this view, I Was sustained by a telegram sent to me for my information from the War Department, which had been sent to the Governor of Louisiana and the Military Commander of the Fifth District, and which I quote ; " Washington, June 30, 1868. " To Governor Warmoulh, New Orleans: " We think that persons disqualified under the Fourteenth Article of the Amendment to the Constitution of the United States, are not eligible to your Legislature This is to be determined by the respec tive Houses, but no oath can be imposed except theoath prescribed by the Stale Constitution. (Signed) "JAS. WILSON, " Chairman Jvdiciary Committee. (Signed) " GEO. F. BOUTWELL, (Signed) " J. F. FARNSWORTU, (Signed) " H. E. PAI.nE, " Jieconstruction Committee." It will be seen by the above telegram that the distinguished gentle men whose names were attached, were of the opinion. First, that no one ineligible to office under the Fourteenth Article could take a seat in the Legislature ; Second, that the respective Houses were to judge of the question; 'Ihird, that no oath testing this eligibility could or should be prescribed in advance of the meeting of the Legislature. These views being in accordance with my own, I acted on them, and was present at the organization of the two Houses of the Georgia Legisla ture ; to the members declared in my order as having the highest number of votes, there being administered only the oath prescribed by the State Constitution. After these Houses were organized, the Pro visional Governor informing me officially of their organization but that as far as he could learn, no steps had been taken to test the ques tion of the eligibility of members under the Fourteenth Article I replied to the Governor that until the State was admitted to represen- 9 tation, the Legislature and all the officers were only provisional, and subject to the paramount authority of the District Commander, and that in the exercise of this power I should consider all acts of the Legislature null and void, until satisfactory evidence w^s presented to me that each House had purged itself of ineligible members under the Fourteenth Article, provided there were any such in cither House ; and I desired the Provisional Governor to communicate these views to each House. On the receipt of this letter, each House at once or dered an investigating committee and enquired into the qualification of each member, and duly reported this fact through the Provisional Governor, staling at the same time that neither House had found any member ineligible. The Provisional Governor, in transmitting these communications, expressed the opinion, founded on evidence presented to him, that seve ral members in both Houses were ineligible, and called on me to exer cise my power, and require said members to vacate their seats. On reflecting upon this subject, I could not see how I was to take the in dividual judgment of the Provisional Governor in the face of a solemn act of a parliamentary body, especially as, from the testimony pre sented, I did not, in several cases, agree with the judgment of the Provisional Governor. The question was simply whether, in the construction of a law and in considering the facts of individual cases, I should make myself the judge, or take the opinion of the Provisional Governor, in the face of the official information that a parliamentary body had gravely and formally, through a committee, examined, re ported and acted on these cases. My judgment was decidedly that I had fulfilled my duty in compelling the Houses to take the action they had, and that having thus acted, I had neither authority, nor was it politic or expedient, to overrule their action, and set up my in dividual judgment in opposition. By an inspection of the telegram sent July 18, and the reply of the General-in-Chief, July 23, it will be seen that my views and actions were approved. I allude thus in extenso to this subject, because His Excellency, the Governor of Georgia, in a public speech recently delivered at Albion, New York, is pleased to attribute the failure of Georgia to be properly reconstruc ted, to my action in failing to purge the Legislature of his political opponents, h,e having advised me, when he urged such action, that his friends had been relieved of their disability by Congress, The States being admitted to representation, the civil power vested in the Military Commander by the Reconstruction Acts ceased, and civil authority resumed its way. The inauguration of civil govern ment was to me, personally, a source of great relief; charged as I had been with almost unlimited powers. NotwithstandiSg the utmost ef- 2 10 fort on my part to abstain from all interference, except in cases, where in my judgment there was no alternative, I found myself the subject of virulent abuse, my motives impugned, and every imaginable mode of attack resorted to, that malice and partisan malignity could devise. Determined from the first, to ignore all partisan considerations, and to faithfully execute the laws, without reference to any personal or political considerations, I encountered, as was to be expected, the ani mosity of both sides, without having the benefit of the sympathy of either. I can, however, with just pride refer to my administration, as being free from any design to interfere with the rights or liberties of any individual, much less any portion of the people ; and if in some instances, as in the prosecution of the assassins of the Honora ble G. W. Ashburn, of Columbus, Georgia, there was, as I have freely admitted, arbitrary measures resorted to, which iu a different condi tion of society, and under a well ordered government, might seem to deserve reprobation, I feel satisfied the evidence published in the Special Report made upon this subj ect, will fully convince any candid and impartial judge, that my course was imperatively urged upon me. I encountered from the outset great embarrassment from the want of judgment and knowledge on the part of subordinate agents, and from the great desire of those expecting benefit from military inter vention, that I should interpose my authority and set aside the civil power. Against these infiuences I opposed a steady resistance. Soon after assuming command, I issued an order both to civil and military officers, informing the first they would not be interfered with so long as they faithfully executed their duties ; and enjoining on the latter to abstain from interfering with the civil powers, and in all cases to report to me and receive my decision before taking any action ; as, on my construction of the law, in the military commander and in him alone, rested the authority to supersede the civil power. I beg leave to call attention to the report of the Acting Judge Advocate of the Department, herewith appended, from which it will be seen that during the whole period of my civil administration, extending over a space of eight months, there were tried by Military Commission in three (3) States of Georgia, Alabama and Florida only thirty-two (32) persons ; of these but fifteen (15) were convicted ; and of these fifteen (1 5) the sentence of four (4) were disapproved ; of eight (8) others remitted ; of two (2) referred to the President of the United States and still awaiting action, leaving but one (1) person convicted and in confinement for violation of civil law and tried by Military Commis sion on the cessation of military authority. This simple statement of facts I deem a complete refutation of the charges that military power was so despoticayy and arbitrarily exercised. 11 As with fegard to the rights of person, so also with those of proper ty^ It was my study and effort to aenlously guard the rights of indi viduals, without reference to any consideration but that of justice Sind law so far as I could comprehend it. The adoption of the relief laws in the several States ; the loose manner in which these laws were drawn by the several legislatures, involved an immense amount of business in 'receiving, examining into and deciding on the innumerable cases which were presented ; one side always claiming military inter vention for their protection. As far as it was possible to do so, these applicants were alwaj's referred to the Judiciary, whose duty it was to construe these laws, and it was only in cases where the courts could not act, or could not be referred to, or in cases where legislative action was necessary — in other words, cases where action on the part of the military commander seemed to be imperative, that I would takeany ac tion. And it is gratifying to be able to state that since the resumption of civil authority and the right of appeal given to the dissatisfied parties, I have had no call for any papers or evidence touching any of the few cases acted on. The amount of labor performed in carrying out the civil and mili tary administration of my command, independent of what specially related to the Civil Bureau, during the period covered by this report, (from January 1st, to November 1st, 1858,) will be seen by reference to the accompanying statement of my Assistant Adjutant General, wherein is shown that there were five thousand four hundred and thirty-two (6432) letters received, and eighteen hundred and eighty- three (1883) letters, and six thousand and eighty-four (6084) endorse ments covering orders, instructions and decisions, sent from my Headquarters. The St4ites comprising the district having been admitted to reprc sentatioti, orders were issued declaring the cessation of all interven tion on the part of military officers in civil affairs ; and the troops that had suffered greatly in discipline by the manner in which they had been detached and scattered, were concentrated on railroad centres, from whence, in the event of theii- services being required, they could be promptly moved. This movement proved very distateful to the people and the civil authorities, who, having accustomed themselves to rely on the troops for maintaining order, were at first apprehensive of the consequences of their withdrawal. Instructions were recieved -from the Pres-ident and Secretary of War confining, the troops to the siniple preservatiqp of the peace, and and that only, after the civil authorities had exhausted all the means in their power, and called on tbe military through the proper chan nels. {See instructions Ooniained in tetters Uddressed to Brevet Mago^ 12 General Buchanan and to myself, appended.) It now became my embar rassing duty to decline using the forces under my command, and to impress on all pafties, the altered condition of affairs. Soon after announcing the position of the military, the outrage at Camilla, in Georgia, was committed, where as I have sta ted in a special report, the evidence would seem to show, that the authors of the outrage were civil officers ; who, under the guise of enforcing the law and suppressing disorder, had permitted a wanton sacrifice of life and blood. At the same time ithe report stated that the opposite parties, — for the affair was a political one — had, by their want of judgment, and their insistance on abstract rights in the face of the remonstrances of the law officers, giving these officers the opportunity of acting as they did. Immediately on this outrage being reported, an officer was dispatched to the scene, who made a thorough investigation and report. I found from the report that the affair lasted but one day and that there was no occasion to employ troops for the preservation of order or the protection of the people. Being satisfied that the matter had been, and so far as the detection and punishment of the criminals was concerned, should con tinue to^be, in the hands of the civil authorities, I transmitted the report of the investigation, together with the evidence collected, to his Excellency, the Governor of Georgia. Early in August, by the order of the President of the United States, the Second and Third Military Districts were abolished and consoli dated into the Department of the South, to the command of which, I was assigned. This added to my command the States of North and South Carolina, increasing greatly the duties, because in these States, particularly in South Carolina, military authority had, during recon struction, almost entirely superseded the civil. Soon after taking command of the Department of the South, I re ceived communications from the Governors of North and South Caro lina urging the use of the troops, in sustaining the Civil Governments in these States, and notifying me of their possessing satisfactory evi dence, of armed bodies being organized for the purpose of overthrow ing the government. I had previously received somewhat similar communications from the Governors of Georgia, Florida aid Ala bama. The sum and substance of these letters were an admission that the several State governments were powerless and unable to enforce the laws, without the aid and co-operation of the Military. I replied to these several applications, that I could find nothing in the existing laws or the instructions from superior authority, which would j ustify my answering their call ; which virtually amounted to taking charge of the State governments, — employing the civil officers as agents of the 13 military; that my sole and exclusive duty was to preserve the peace, and that only, after it was evident that the civil power was unable so to do, and had called on me in the manner prescribed by law. These applications became so numerous and pressing, that in view of the approaching Presidential election, on which day, by the Act of Con gress approved March 2, 1865, I deemed I was authorized to employ the militai-y forces to preserve the peace, and to ailm the apprehen sions of the anxious, and make known my views to the evil disposed, I issued, early in October, an order distributing the troops in the sev eral States in the Department, and gave in the order, not only instruc tions to the officers and men, but deemed it my duty to make an ap peal to the people of the several States, urging calmness and absti nence from those political excitements, tending to riot and bloodshed. Although, particularly careful to require all intervention of the troops to be subordinate to, and in aid of, and co-operation with the civil au thorities, this order was misconstrued and subjected to the most viru lent criticism. I am gratified however, in being able to state that the effect of the order, and the movements made by virtue of it, were in the highest degree satisfactory. At the same time, I take this occa sion to call the attention of the General-in-Chief, and -through him, those having the power to act, to the anomalous condition of affairs existing in this Department, and the necessity, if it be deemed proper for the military to intervene in civil affairs ; that more power be giv en to the Department Commander, than existing laws confer. I beg leave to refer to the reports of the several heads of the Staff Departments at these Headquarters for the necessary information in relation to the position, condition and discipline of the troops. So soon as the approaching election is over, it is contemplated to re-con centrate the troops, and to require the strictest attention to be paid to the drill and discipline of the several commands. I take this occasion to express to my several District Commanders, and to the officers of the Staff Departments, and to the officers and men of the several commands, my thanks for the prompt and efficient co-operation I have ever received at their hands. No army, in pre vious history, was ever called on to discbarge such delicate and re sponsible duties, involving powers that, if abused, might have led to the most serious consequences ; and yet the transition from military to civil power was so imperceptible as to have passed unnoticed but for the special means, by way of proclamations, orders, etc., to make it public. I do not mean to deny but that there were individual ex ceptions, and that in some cases, bad judgment, political bias, or per sonal feelings, may have influenced the course of some individual officer or soldier — this is no more than is to be expected from our u Mture— but 1 do maintain, that taking the large force extending ovef such an extent of territory, and vested with supreme power, that in stead of the few instances whore, perhaps, criticism might be appro priate, the wonder was— and it is to be said to the credit of the army— that so little abuse Was made of a power by those who might very leadily be supposed difficult to restrain and control. Very respectfully, your obedient serVartt, GEORGE G. MEADE, Major Oeneral U' S. Army, Commanding., TELEGRAMS BEOEIYED AND SENT. . Atlamtj;, (Jbokqia, Januafy^ 8, 1868. General tJ. S. Grant f The passage of ordinances by th-e Con-ventions of Alabama and Georgia, enacting relief laws, are producing great suffering in thoser States, by causing expedition to be used iii making levies iii anticipa tion of these ordinances having the force of laW. advarftage is being" taken of the interval of time before these ordinances are laws to brin^ levies and executions, thus eausing these ordinances, intended as a measure of relief, to become, in realitj', the means of increasing and greatly aggravating the burden's of the people. I am, therefore, in clined to adopt the ordinances as t&e act of the military authority and declare them to bivve force until tbe question is settled as to the' ado^6i'S.\5'M.y Assistant Adjutant- General. Washington, D. C, January 18, 1868. Major General George G. Meade, Commanding Third Military Dis trict : Tell me whether you think the election for civil officers in Alabama 19 sbould take place as now ordered, or not. It looks to me, better that it should ; but, being present, you can tell better than I can. (Signed) U. S. GRANT, General, A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 18, 1868. General TJ. S. Grant, Washington, D. C: I have nothing to add my telegrams of the eleventh and twelfth instants in relation to postponement of Alabama election. My own judgment was in favor of rescinding General Pope's order authorizing it, but your dispatches of the thirteenth instant Were so conclusive, and the delicacy I have ih regard to General Pope's orders, caused me to notify Governor Patton that I should take no action. It is now, in my judgment, as the election is so near, too late to make any change. (Signed) GEORGE G. MEADE, Major General. A true copy : R. Ci DRUM, Assi.stant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 19, 1868. General TJ. S: Grant, Washington, D, C. .¦ The conduct of the officials of Georgia, embarrass me in procuring funds for immediate purposes. I am informed the Georgia Slate Road, under instructions from the Governor, and doubtless, in antici pation of existing condition of affairs, has recently, without regard to the wants of the State Treasury, paid large suras to the Quartermaster General, on account of its indebtedness to the Government. It has occurred to me, that if this money has not yet reverted to the Treas ury, and is under the control of the War Department, that a tempo rary return of a portion of it might be made to the Treasurer of Georgia or myself, for immediate wants; and when the present diffi culties are overcome, and the revenue of the State derived from the Regular sources, this loan could be returned. If this is practicable, I Would most urgently recommend it, as if I can only get money, the officials are flanked. I am further advised by the Superintendent of the State road, who is faithfully co-operating with me, that if tbe auditing and settlement of his accounts could be transferred from Colonel Dana, at Washington, to an officer here^either General Sax- ton or Capt'iin Farnswortb, that tbe settlement would be greatly ex pedited, and the revenue derived from the road, placed in the State Treasury in a much shorter time. This is very desirable, and I would urge said transfer be authorized. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant General. 20 HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 23, 1868. General TJ. S. Grant, Washington, D. C. : The Importance of the subject and tbe very great embarrassment I find myself in, owing to tbe financial condition of this State, authoi-- ize and compel me to call your attenton to my telegram of tbe 19th instant, and to urge immediate action thereon. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, January 24, 1868. Major General George G. Meade, Commanding Third Military District: I have recommended the adoption of your suggestions about Geor gia Railroad and funds. (Signed) U. S. GRANT, General. A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 31 , 1868. General TJ. S. Grant, Washington, D. C: I am sorry to seem to be importunate, but the Convention presses me with their wants, and are making various propo.sitions to raise money which, in the event of any action being had on my telegrams of the nineteenth instant, I am reluctant to accede to. I therefore, would like to bear what probability there is of my proposition and your recommendation being acted on. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, February 1, 1868. Major General George G. Meade, Commanding Third Miiiiary District: Report of action on your dispatch of 19th January, was sent by mail several days ago. There is scarcely any hope of anything from here, of a pecuniary nature. U. S. GRANT, General. A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 21, 1868. General TJ. S. Grani^ Washington, D. G. .- I have received, through the President of the United States, a com munication frorii the Governor of Florida, relating to the meeting of the Convention. May I ask you to show to the President my tele- 21 grams on this subject, with your replies. I am advised to-day, by tele graph, that the Convention met yesterday and adjourned. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C, DRUM, Assistant Adjutant Cfeneral. WAR DEPARTMENT, Washington, D. C. , January 25, 1868. Major General George G. Meade, Commanding 'Hard Military District : Will it not be well to extend the number of days the Polls are to be kept open at the Alabama election, in order to give full opportuni ty to all who register, to vote? Two days will hardly be sufficient time. It would be better to amend General Pope's order now, than after the election had commenced, (Signed) - U. S, GRANT, General. A true copy : R, 0. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, January 26, 1868. General U. S. Grant, Washington, D. C. . After reference to Commanding Officer, in Alabama, I have modi fied General Order No. 101, so as to allow four days for voting, and confined the number of precincts to not more than three, in any one county. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C DRUM, Assistant Adjutant General. • Washington, D. C, February 5, 1868. Major General George G. Meade, Com,manding : Your application in relation to the bill to be filed in the Supreme Court of the United States by Charles J. Jenkins, is received. Counsel will be employed and the matter attended to. (Signed) E. M. STANTON, Secretary of War. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, February 10, 1868. Major General G. G. Meade : 'Tell me the probable result of Alabama election, (Signed) U. B. GRANT, b'eneral. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, February 10, 1868. General TJ. 8. Or ant, Washington, J). G.: -, «> ¦ i- I returned from Afabama yesterday. The election passed off with out disorder of any kind. It is not practicable, as yet, to form any iloedrate opinion of tbe vote, but indicEitiohs Would seem to sbo-* that it will not be greater than the vote cast for Convention, perhaps less, and if the registered vote has beeti much increased, the Constitution may be lost. In some of the Counties, no polls were opened — cause as yet unknown. In others, neither of the orders extending time of elec tion were received^ I am having a thorough investigation of these cases, and wherever I am satisfied the facilities required by the law have not been furnished, I shall re-open the polls, or have polls opened for a sufficient length of time to enable all who desire to vote to do so. GEORGE G. MEADE, Major Oeneralt A true copy i R. C. DRUM, Assistant Adjutant General. Washington, D; C, February 13, 1868. Major Generai Geon'ge G. Meade, Commanding Third Military District, Atldnta, Georgia: Your dispatch, stating that you would investigate causes for noil- holding of election, in pans of Alabama, and ndn-exteflsion of time in others, and determination to give time hereafter, is right. We have nothing to do with defeat or success of the Constitution of Ala bama ; but it is the duty of the Military to see that all who are enti-» tied to, should have an opportunity to express their will in the matter at the polls. (Signed) Xj. S, GRANT,- General. A true copy i / B. C. DRUM, Assisittnt Adjutant General. FtBEtjAEY 12j 1868. General Grant, Washington, JD. 0. .' Out of forty-six delegates elected to tbe Convention of Florida, and ordered by General I*ope to assemble at Tallatiarisee, forty appeared - find org;anized. Subsequently, dissensions arose, — principally on the question of distribution of dfncers — -when eigfiteen of the meriiberS .Vithdrew from the Convention. Tbe tWenty-two left, proceeded to form si Constitution and have notified me of their having done so, and BsR an Ordei* for an election, and await my action prior to adjourn- tnent. In the mean time, the eighteen seceders joined by three Of the delegates who failed to appear at the original organization, making twentyone elected members, have organized and sent a protest against the actioli of the original body, and claim they have twi nty-four members present. Up to this time, I have declined to interfere with their dissensions or to allow the military poWer to intervene iii aid of One or the other {lai'ty, deferring any action till their proceedings re quired it on my part. I must now d"ecide on the legality of the acts of twenty-two who present a CoilstitUtion. If this party had a ma jority of the original members elected, I Would have no doubt of their stato,— -but they have not. They have a majority of the members present at the organization, but three are known to have since joined and the seceders claim that six have joined them. In other words' are twenty-two members of a body to which forty-six were elected ' 23 forty organized, and three subsequently apfieared, competent to dis charge the functions assigned by law to the Convention. I sbould have gone to Florida but for the Alabama election, and shall now go so soon as affairs in Alabama will permit. I have used eveiy eftbrt by recommendations to produce harmony, and perhaps, unless otherwise advised by you, shall continue to refuse any action until sufficient number of the seci^ders shall return to the original body, so as to make their number a majority of the number elected. This will require the return of two of the Senators. Your views are asked as sooif as possible. (Signed GEORGE G. MEADE, Major General, A true copy : R. C.__DRUM, Assistant Adjutant General. Washington, D. C, February 13, 1868. Major General George G. Meade, Commanding Third Military District, Atlanta, Georgia: Has not the Convention of Florida expelled some of the members elect as ineligible to seats ? If so, is not twenty-two members a quo rum, and are not the expelled members among the seceders ? (Signed) U. S. GRANT, General. A true copy : R. 0. DRUM, Assistant Adjutant General. Washington, D. C, February 13, 1868. JIfajor General George G. Meade, Commanding Third Military District : I suggest that you advise Florida Convention that their acts can not be recognized unless they are the acts of an undoubted quorum of the whole number of Delegates elected. Unless such a quorum open in their acts in a reasonable time, I would refer the whole matter, with all facts, to Congress. It will be well for you to go to Florida as soon as possible. _ „ (Signed) U. S. GRANT, GeneraL A true copy : E. C. DRUM, Assistant Adjutant Oeneral WAR DEPARTMENT, Washington, D. C, February 28, 1868, Major Oeneral George G. Meade, Commanding Third Military District, Atlanta, Georgia: If any notice, subpoena, or other paper is served on you, in the Georgia case, give no answer whatever, other than to refer any party or paper to our Council, care of the Secretary of War. Give the same notice to Ruger and Rockwell. (Signed) U. S, GRANT, OeiwaL A true copy : E. C. DRUM, Assistant A(^utant Oeneral u Atlanta, Georgia, February 29, 1S68. General TJ. S. Grant, Washington, D. C: The Florida Convention have submitted to me an ordinance relating to the ratification of the Constitution and election of officers under it. This ordinance provides that when the election is held under my or ders for ratification, that the judges, inspectors and other officers shall provide separate ballot boxes, etc., and shall receive tbe ballots for Congressional, State and County officers, of all persons qualified to vote under the provisions of tbe Constitution, or, in other Words, the votes of persons not registered under the Reconstruction Laws, are to be allowed to vote for these officers. Is this election of officers under tbe Constitution, and only to take office on tbe adoption of the Con stitution, to be considered as an election for officers under the Pro visional Government referred to in section six of Act approved March 2, 1867, and all non-registered voters, excluded by this section at first election held under the new Constitution ? Again, the ordinance designates certain days in 31ay for holding tbe election. Since ad." journing, the President of the Convention, on behalf of a majority of its members, applies to have the date of election advaliced to some time in April. Does section four of Act approved March 23, 1867, authorize District Commander to fix day of election, or change the same, after the Convention has designated a day ? GEORGE G. MEADE, Major General. A true copy : K. U. DRUM, Assistant Adjutani General. Washington, D. C, March 2, 1868. Major General George G, Meade, Commanding Third Military District : The election proposed by the Convention for officers under the new Constitution, I do not consider as an election for officers under the Provisional Government, referred to in Section six (6) of tbe Act ap proved March 2, 1867. It is clear to ray mind, that a proper con struction of Section four (4), of Act approved March IZ, 1867, does not authorize District Commanders to fix or change the day of elec tion, after it has been designated by the Convention. U. S. GRANT, Oeneral. A true copy : E. C. DEUM, Assistant Adjvlant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, March 6, 1868. General Grant, Washington, D. (X : Can yon not send mc an official or certified copy of the supplemen tary Reconstruction Act, recently passed by Congress, — I mean the one authorizing elections for State officers, at same time that Consti tution is submitted for ratification. (Signed) GEORGE G. MEADE, Major General. Washington, D. C, March 7, 1868 Major Oeneral George G. Meade, Commanding Ihird Military District: ' . Please transmft immediately, a copy of the protest of the Georgia 25 Convention, against the proceedings of Governor .Jenkins, now pend ing in the Supreme Court of the United States, which you lately for warded. The copy to be authenticated by the signatures of the Pres ident and Secretary of the Convention, without any State ; but certi fied by you to bo genuine signatures of those officers, and that they are the President and Secretary of the State Convention now in ses sion. The paper should reacli here before next Friday, and may be sent by special messenger, to be detailed for that purpose. To have the authentication correct, it would be well to send a copy of the au thentication by telegraph, omitting the protest itself, so that any changes desired by counsel can be made. Acknowledge this tele graph. EDWIN M, STANTON, A true copy: R. C. DRUM, Assistant Adjutani General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, March 9, 1868, Son. K M. Stanton, Secretary of War, Washington, D. 0.: Sir: — I send herewith by the hands of Brevet Lieutenant Colonel C. D. Emory, Aide-de-Canip, an official copy of the resolution of the Georgia Convention in relation to the suit brought in the Supreme Court of the United States in the name of the State of Georgia. Very respectfullv, vour obedient servant, (Signed) GEORGE G. MEADE, Major General U. S. A., Commanding. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, March 8, 1868. Major General George G. Meade, Commanding ; The proposed certificate is right, but to use every precaution, it would be well to add also your affidavit. The papers must be here by Thursday night, and as much earlier as possible. E. M. STANTON. A true copy : R. C. DRUM, Assistant Adjutant General. Washinuton, I). C, March 7, 1868. Major General George G. Meade, Com-inanding : Law asked for by you, sent by mail. When may vour report on Alabama election bo looked for ? (Signed) U. S. GRANT, General. A true copy : R. C. DRUM, Assistant Adjutant- General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, March, 9, 1868. General TJ. S. Grant, Washington, D. C: I have only to-day received report on Alabama election. Vote for Constitution" 70,812; against it 1,005; total vote cast 71,817 ; total vote cast for Convention 91,808 ; white vote for Constitution 6,702; white vote cast for Convention 18,553 : vote on Constitution lacks for 4 26 ratification 13,550. Out of G2 Counties, twenty voted four day.*, thir teen voted two days, and two had no election, the balance, twenty- seven, voted five da\5. I am satisfied the Constitution was lost on its m?rits, and I think the best to do, would be for Congress to re-assemble tLe Convention to revise the Constitution and then re-submit it to the people under the new law, giving a majority of votes cast the power to ratify. I do not see much use in re-opening the polls as I proposed, ao there is no possibility the votes that w^ould be cast affecting the result. As soon as I can get away from here, I shall go to Montgome ry to decide tbe question. In the mean time, as soon as I can have prepared the data, I will send you a report, showing the election as it took place ; this will require perhaps a week. (Signed) GEORGE G. MEADE, Major General. Washington, D. C, March 9, 1868. Major General George G. Meade, Commanding : Telegraph me the number of votes cast for Constitution; the num ber against, and the total number registered. Resolution of Congress calls on me for this information. (Signed) U. S. GRANT, Genera!. A true copy : R. C. DEOI, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DI.STRICT, Atlanta, Georgia, March 10, 1868. General V. S. Grant, Washington, D. C: I telegraphed you yesterday the result of Alabama election. By adding the amount, vote on Constitution fails of ratification, to that vote, and doubling, you will get amount of re?i=tered yote.=, viz : one hundred and ninety thousand seven bundreil and thirty four, — but I sbould explain, that this amount is partly estimated, as some of the counties had not all =ent in their revised registration. Again, this amount includes registration in these counties where no election was had, which ought not, in my judgment, to be included. All these points I will give you when my written report goes on. I telegraphed yesterday only the substance of Havden's report. (Signed) GEORGE G. MEADE, Major General. HEADQUARTERS THIRD iirLIT.\.RY DISTRICT, Atlanta, Georgia, March 12, 1868. General Grant, Washington, D. C: Alabama election returns show that the vote on Governor is eleven hundred and eighty-six less than vote on Constitution, and vote on Probate Judges is seven hundred and forty-two less than vote for Constitution. I send these because it has been charged that gross frauds were perpetrated in mutilating the tickets of colored men by tearing off the vote on the Constitution, and it was predicted that the vote for Probate Judges would exceed the vote on the Constitution by many thousands. 1 am of the opinion that most of the charges of ex tensive frauds will prove as illusory as the above. There were un doubtedly irregularities in the election sufficient to justify its being 27 S!>t aside as recommended, and I believe a more liberal Constitution would command a majority of votes. In this State and Florida, where the Constitutions do not go beyond the requirements of (Con gress, but fully comply with them, there seems to be no doubt among all parties but that the people will ratify them by large majorities. The Georgia Convention adjourned yesterday, and the election for ratification will be held on tbe twentieth proximo. (Signed) GEORGE G. MEADE, Major General U. S. A. Washington, D. C, March 13, 1868. Major General George 0. Meade, Commanding : The last amendatory Reconstruction Act is now law. U. S. GRANT, Oeneral. A true copy ; E. C. DEUM, Assistant Adjutant General. W.iSHiNGTON, D. C, March 13, 1868. Major Oeneral George G. Meade, Commanding Third Military District : If you think it advisable to authorize the Florida election to take place in April, do not permit anything in my dispatch on that sub ject to keep you from it. U. S. GRANT, General A true copy : • E. C. DRUM, Assistant Adjutant General HEADQUARTERS THIRD MILITARY DISTICT, Atlanta, Georgia, March 14, 1868. Oeneral Grant, Washington, D. C: Georgia Convention, in ordering election of members of Congress and State officers, after prescribing that at these elections the qualifi cations for voters shall be the same as prescribed by acts of Congress for voters on ratification, require voters to swear they will support the Constitution submitted, and that they have not prevented, or at tempted to prevent, any one from voting. Is this permitted by the law of March 12, 1868, which prescribes that at these elections regis tered voters may vote? If permitted, do you think any oath should be required of registered voters for officers under the Constitution which is not required of voters on the Constitution? (Signed) GEORGE G. MEADE. Washington, D. C, March 16, 1868. Major General George 0. Meadv, Commanding Third Military District : Section two of the last amendatory Reconstruction Act provides the same qualifications for voters for members of Congress and the elective officers provided for by tbe Constitution submitted, as are prescribed for voters on the ratification of the Constitution. Voters on the rati fication of the Constitution cannot, under the law, be required to take the oath prescribed by the Convention, and, in mjr opinion, it Would be ia contravention oif tbe acts of Congress to require voters for Con- 28 gressmen and other elective officers to take it. Section second, re ferred to, is applicable to the Florida election. U. S. GRANT, General. A true copy : R. C. DEUM, Assistant Adjutant Oeneral. Washington, D. C, March 28, 1868. Major Oeneral George 0. Meade, Commanding "Third Military District : The motion for injunction against you and Geuoial Ruger, and Col onel Eockwell, was postponed by the Court yesterday, until the 1st of December next. E. M. STANTON. A true copy : E. C. DRUM, Assistant Adjutant Oeneral. Washington, D. C, April % 1868. Major General George 0. Meade, Commanding) Third Military District, At' lania, Georgia. I suggest that tbe murder of Mr. Ashburn be investigated and justice be meted out promptly by Military Commission if the civil courts cannot be relied on. (Signed) U. S. GRANT, Genercd. A true copy r R. C. DRUM, Assistant Adjutant General HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Geoeoia, April 3, 1868. General Grant : I have just returned from Florida, and find your dispatch in rela tion to tbe murder of Mr. Ashburn. Captain Mills, commanding at Columbus, reports he is doing everything in co-operation with the civil authorities, to delect and arrest tbe murderers ; and if any are caught, I intend trying them by Military Commission. (Signed) iGEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, April 4, 1868. General Oraid, Washington, D. C: There are unmistakable signs of disorder in this State and Ala bama from secret organizations, such as have disturbed Tennessee. I am about issuing a very stringent order, and shall take very summary measures to check this evil, if practicable, but the force under my command is insufficient to control all parts of these Slates, and in view of the approaching elections I would be much relieved if the forces here could be temporarily increased, say an additional regiment for two months. The moral effect of re-inforcements would be very , great, besides the actual benefit of additional forces. The people are becoming alarmed, the negroes getting excited threatening retaliation, and affairs within the last ten days assuming a serious aspect. The 29 object seems to be to drive obnoxious men out of the country. If you cannot spare a regiment, any companies you can send will be of great value. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistanl Adjutant. General. Washington, D. C, April 7, 1868. Major General George G. Meade, Commanding third Miiiiary District At lanta, Georgia : Will it not be well to remove all tbe civil officers in Columbus, and all other places where like outrages occur. In Alabama, where outrages are committed, the men elected might be installed. (Signed) U. S. GRANT, General. A true copy : E, C. DEUM, Assistant Adjutant General. HEADQUAETEES THIRD MILITARY DISTRICT, Atlanta, Georgia, April 9, 1868. Oeneral U. S. Grant: I have not removed civil authorities of Columbus, because Captain Mills, commanding there, reported they were acting in concert with bim, and evinced every disposition to ferret out murderers, I did not send any Board to investigate, because Mills and his subordinates were doing every thing it was practicable to do. I have been fully alive to the necessity of action, but am waiting till I see the time when action will be available. Captain Mills has made some ten ar rests, principally of people whom he has reason to believe have knowl edge of the perpetrators of the deed. I have sent Major Smyth, of the Judge Advocate General's Department, to assist in the investiga tion, and have written to Mills to get his judgment on expediency of making removals of the civil officers. Tbere will be difficulty just now in finding people willing to assume, the responsibilities and dan gers of the position. (Signed) GEORGE G. MEADE, Major General. A true copy ; R. C DRVM, Assistant Adjiitant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, April 11, 1868. Oeneral TJ. S. Grant, Washington, D. C. : Have requested General Gillem to send companies at once to this place. These, with those from Thomas, will answer all purposes so far as can be anticipated. Matters have become in appearance much quieter, since issuing General Orders No. 51. (Signed) GEORGE G. MEADE, Major General, A true copy : E. C. DRUM, Assistant Adjutant General. 30 HEADQUAETEES THIRD MILITARY DISTRICT, Atlanta, Georgia, April 29, 1868. General U. S. Grant ^ Washington, D. C. : Election passed off'as quietly as could be expected, one or two seri ous outbreaks only. Many complaints of frauds from both sides, and some applications based on them for re-election. These will^ be thoroughly investigated, and action predicated on result of investiga tion. Official returns come in slowly. No accurate judgmentcan as yet be formed, but the probabilities are that the Constitution is rati fied by a very large majority; Bullock, Republican, elected by a small majority, and D'-mocrats carried a majority of the Legislature. N"o acknowledgment has bee" received by me of my letter to you of the 16th instant, and I would be relieved to know, at the earliest moment, your views on the points raised therein. GEORGE G. MEADE, Major General, A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS, WAR DEPARTMENT, Washington, D. n., April 29, 1868. Major General George G. Meade, Commanding Third Military District : I have carefully read your letter of 16th April, and its enclosures, I see nothing in them to change my opinion as expressed to you in my dispatch of March 2, 1868. The officers elected under the new Constitution of Georgia, are not ¦ officers of the Provisional Government referred to tn the Reconstruc tion Acts, nor are they officers elected under any so-called State au thority, and are not therefore required to take the oath prescribed in section nine. Act of July 19, 1867. The eligibility to hold office must be determined by the new Constitution, and the Amendment to the Constitution of the United States, designated as Article Fourteen. (Signed) U, S. GRANT, Oeneral. A true copy : R. 0. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, May 2, 1868. General U. S. Grant, Washington, D. C. : Ryland Randolph, editor of the Tuscaloosa Monitor, whose paper has been frequently sent to you, as well as myself, recently assaulted, with intent to kill, a freerlman in that town. The disordered condi tion of the State; the influential position of the criminal, induced General Shepherd to have Randolph arrested and to prefer charges against him, which I have ordered tried by Military Commission. Judge Busteed, of the United States District Court, has granted a writ of Ao6ea,s cor-jozfs returnable on the 5th inst. Undei my orders (General Orders No. 11,) this writ will be obeyed so far as presenting the body in court and making respectful return, setting forth the ground and authority of arrest. It is not known whether Judge Busteed will acknowledge the authority or admit the justification on 31 the grounds set forth. Should he order the discharge of the prisoner, your opinion of the course to be pursued is solicited. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant GeneraL Washington, D. C, May 4, 1868. Major Oeneral George O. Meade, Commanding : Randolph being taken before a United States Court, I advise sub mission to decision of that court. U. S. GRANT, General. A true copy : R. O. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, May 8, 1868. General Grant, Wa.'ihinqton, D. C. : Colonel Sprague telegraphs, eleclion in Florida passed off without disorder; judging from partial returns. Constitution ratified by about three thousand majority, and Reed ticket, (Republican,) elected by a small majority. The official returns have been received in this State from all but one cnuntj', and show Constitution ratified by 17,973 ma jority ; Bullock elected by 7,279 majority; Senate 27 Republicans, 16 Democrats, 1 doubtful. House 95 Republicans, 74 Democrats, and 6 doubtful. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant General. WA.SHINGT0N, D. C, May 9, 1868. Major General George O. Meade, Commanding : Do you think it advisable to appoint civil officers elected at late election in Georgia to relieve all army officers heretofore appointed by you ? (Signed) U. S. GRANT, General. A true copy : R. C. DEUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, May 11, 1868. Oeneral TJ. S Grant, Washington, D C: It was not my intention to put in office any of the civil officers recently elected until Congress had acted on the Constitution. The only army officers detailed are tbe Governor, Comptroller and Trea surer. The Governor, if put in office, could not appoint any one, and would have to appoint every one through me. I do not desire anv such position, and doubt if it would result harmoniously. Again, all' appointees would have to take the test oath, and I question whether many of the elected men can do this. I have been greatly embarrassed in the few appointments I have made to find men who 32 could take this oath. When the Constitution is sent to Congress, if they authorize the civil government going into office in advance of the admission of the State and on the same terms as if the State had been admitted — that is, withoiit requiring the test oath, I think this would be well. I am not disposed to relieve Governor Ruger at present, as there are certain financial and other questions originating under him, which it is due to him, he should have time to adjust and settle. I perhaps ought to explain what I mean by want of harmony between the Governor elect and myself. Of course you will understand his appointments will be made on political and party grounds, and will be undoubtedly from his standpoint, on good and sufficient reasons, but 1 have nothing, and wish to have nothing to do with these mat ters, and if he makes appointments through me, the responsibility of concurrence, if nothing more, must rest on me. (Signed) GEORGE G. MEADE, Major^ Oeneral. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, June 1, 1868. Major General George 0. Meade, Commanding Third Military District : 1 would suggest that the military interfere no obstacle to the meet ing of the legislature of Florida. Leave Congress to reject or affirm their acts. I do not suggest ordering the legislature to meet, but mere in structions' to the commander of the State that he do not interfere in the matter. (Signed) U. S. GRANT, GeneraL A true copy: E. C DEUM, Assistant Adjutant General. HEADQUAETEES THIRD MILITARY DISTRICT, Atlanta, Georgia, June 1, 1868. General TJ. S. Grant, Washington, D. C: It will not be practicable to adopt your suggestion in regard to the Florida Legislature without some action on my part. When tbe election of State and County officers were ordered, I directed the re turns to be sent to the Superintendent of Registration, instead of the Board of Canvassers, as provided in the ordinance of the Convention. The members of the Legislature cannot get their certificates of elec tion, without my directing the returns to be turned over. Mv object was and is to retain control of the whole subject, because if the Legis lature is permitted to convene without orders from me, and without regard to the paramount authority which the Reconstruction laws vest in me, interminable confusion and conflict of authority will be sure to result. So long as the Reconstruction laws are in force, I should be opposed to the convening of the Legislature, except by mv order and under my authority. If these Legislatures would confine themselves to simply acting on the Fourteenth Article, and then adjourning to await Congressional action, I would not object so much, but once assembled they will do as they please, pass laws inconsistent with my powers and orders, tax ad libitum the State Treasuries, without any '33 control and without any means of enforcing their acts except through me ;_ whereas, if Congress will only act on tbe Constitution, and au thorize District Commander to instal the elected governments, on some terms as if State was admitted, there would be no difficulty in the Governrr-elect calling together the Legislature, and controlling their actions through the veto. Unless, therefore, you send positive orders, I shall require the Legislatures of Georgia and Florida, to await action of Congress on the presented Constitutions of those States. (Signed) GEORGE G. MEADE, Major Oeneral. A true copy : R. C. DRUM, Assistant Adjaiani General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, June 2, 1868. General TJ. S. Grant, Washington, D. C. . Official returns of the Florida election this day received, show for the Constitution, fourteen thousand five hundred and sixty-one (14,561) votes; against the Constitution, nine thousand five hundred and eleven (9,511) votes ; majority for the Constitution, five thousand and fifty (5,050) votes. For the office of Governor, — Harrison Reed received fourteen thousand four hundred and twenty-one (14,421) votes ; George W. Scott received seven thousand seven hundred and thirty-one (7,731) votes, and Samuel Walker received two thousand two hundred and fifty-seven (2,257) votes. (Signed) GEORGE G. MEADE, Major General. A true copy : E. C. DRUJI, Assistant Adjutant General. Atlanta, Georgia, June 22, 1868. To Major General George G. Meade, (Care Adjt. General U. S. Army): General Dunn requests me to say that the trial of Columbus pris oners has not yet commenced, nor can it probably before the last of this week. There is no prospect that the trial can be completed be fore the State is admitted. Can a trial by Military Commission be continued after admission of State? He desires you to see if Congress will not pass an Act for the disposition of all trials that may be pend- ine on admission of a State. ^ R. C. DRUM, Assistant Adjutani General. A true copy : E. C. DRUM, Assistant Adjutant Oeneral. Washington, D. C, June, 26, 1868. Major General George G. Meade, Commanding Third Military District: The act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida to representation in Con gress, became a law June 25, 1868. Please notify the Governors elect of the States in your district, for under the act, the Governor elect may, if he deems it necessary, con- 5 34 vene the Legislature thereof at an earlier date than that fixed by law. U. S. GRANT, Oeneral. A true copy : R. C. DRUM, Assistant Adjutant General. WAR DEPARTMENT, Washington, D. C, June 27, 1868. Major General George G. Meade, Commanding Third Military Dis trict : Your proposition relative to employiuent of Counsel in the mur der case, is approved. (Signed) J. M. SCHOFIELD, Secretary of War. A true copy : E. C. DEUM, Assistanl Adjutant Geneiral. WAR DEPARTMENT, Washington, D. C, June 29, 1868. Major General George 0. Meade, Commanding Third Military District : To avoid any questions as to who shall exercise the offices of Gov ernor and Lieutenant Governor, in tbe State of Georgia and Ala bama, notice convening of the Legislatures of said States, under the Act of Congress passed June 25, 1868. You will appoint tbe Gover nor and Lieutenant Governor elect, of Georgia, Governor and Lieu tenant Governor of said State, mce present incumbents removed ; and the Governor and Lieutenant Governor elect, of Alabama, Governor and Lieutenant Governor of said State, rice present incumbents re moved. These appointments and removals to take effect at the date of the convening of said Legislatures, respectively. (Signed) U. S. GRANT, Oeneral. A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, June, 30, 1868. Son. Secretary of War and General TJ. S. Ch-ani, Washington, D. C. : When I left Washington, I was of the opinion that the trial of all civil prisoners might be, and should be left to the civil authorities on the admission of the State. Since my arrival, owing to the develop ments in the Ashburn murder case, the intense excitement produced by the same, and tbe false and malicious statements made for political purposes, I deem it most urgent that the trial should be carried on to the end by the military authorities. Colonel Schofield will apprise you of the character of the evidence, but every conceivable obstacle is , being resorted to to produce delay, with the intention of takino- the prisoners out of my hands by writ of habeas corpus so soon as the State is supposed to be admitted. I think, therefore, for the purposes of justice, some action should be had in Congress continuing tbe trial 35 of all cases by Military Commission pending at the time the State is admitted. Cannot this be done ? ' (Signed) GEORGE G. MEADE, Major Oeneral. A true copy : R. C. DRUM Assistant Adjutant GeneraL WAR DEPARTMENT, Washington, D. C, July 1, 1868. Major General George G. Meade, Commanding Third Miliiaiy Dis trict : In the absence of General Grant, your dispatch of yesterday was to-day submitted to the Secretary of War, and it is his opinion that the suggested Congressional action cannot be had. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjutani General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta', Georgia, July 6, 1868. General TJ. S. Grant, Washington, D. G. : Both Houses of the Legislature of this State organized on the 4th instant, by electing a President of the Senate and Speaker of the the House. Indications would seem to point to a Democratic majori ty in the ^ower House, and probable rejection of the Fourteenth Arti cle. When the House? were organized, all members who had received the largest number of votes were allowed to qualify by taking the oath prescribed by the Constitution of tbe State, and no reference was made to the eligibility of members under the Fourteenth Article. It is believed tbere are several in both Houses who are disqualified, but, of course, it is not to be expected that a Democratic majority will make any haste to unseat such. The question is, have I any authori ty in the premises? A legislative body is undoubtedly the judge of the qualifications of its own members ; but has a Legislature convened under the Reconstructicm Acts, and, therefore, provisional, under these Acts and the Act of June 25, until it has passed the Fourteenth Article, the right to pass the Fourteenth Article, or do any act be yond mere organization until it has purged itself of disqualified mem bers, and can I, in view of the powers conferred by the Reconstruc tion acts, exercise any control over them in case of their failure so to do ? An early reply to this telegram is requested. (Signed) GEORGE G. MEADE, Major Oeneral. A true copy : R. C. DRUM, Assistant Adjutant General. WAR DEPARTMENT, Washington, D. C, July 7, 1868. Major Oeneral Oeorge G. Meade, Cornmanding Third Military District : Your dispatch relative to the eligibility of members of the Georgia Legislature,, and your authority touching the same, has been received and forwarded to General Grant for instructions. It is clear to my mind, that under the Reconstruction Acts, includ- 36 ing the one passed June 25, 1868, that no person prohibited from hold ing office under the United States, or under any State, by section three (3) of the proposed Amendment to the Constitution of the United States, known as Article 14, unless relieved from such disa bility, is eligible to a seat in the Legislature, and is, therefore, not competent to take part in its deliberations, or to pass upon the ratifi cation of said Amendment. Under ordinary circumstances, the Leg islature itself would be the proper judge of the qualifications of Us members, and bearing upon this latter point, I send you herewith copy of dispatch of Hon J. F. Wilson, George S. Boutwell and others, to Governor Warmouth, of Louisiana. I also send one from General Grant to me, for General Buchanan, which most unmistake- ably defines bis views of the character of these Governments, and authority of the District Commanders. The Reconstruction Acts are required to be construed liberally, to the end that all the intents thereof, viz : the re-establishment of Civil Governments in the States lately in rebellion may be fully and perfectly carried out ; and it would seem that persons ineligible to hold office under their provisions should not be permitted to defeat them. (Signed) JOHN A. RAWLINS, Chief of Staff. June 30, 1868, To Governor Warmouth, New Orleans: We think that persons disqualified by the 14th Article of the amendment to the Constitution of the United States, are not eligible to your Legislature. This is to be determined by the" respective Houses ; but no oath can be imposed except the oath presented by the State Constitution. (Signed) JOSEPH S.WILSON, Chairman Judiciary Committee. GEO. S. BOUTWELL,! J. F. FARNSWORTH \ Reconstruction Committee. H. E. PAINE. J Relay .House, Maryland, June 30, 1868. To Oeneral John A. Rawlins : Instruct General Buchanan that tbe Government of Louisiana is provisional, and the Lieutenant Governor is bound by the decision of the District Commander, right or wrong, whilst it remains so. (Signed) U. S. GRANT, (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, July 9, 1868. Major General George 6. Meade, Commanding Third Military District: In answer to dispatch of the 6th instant, the following has been re ceived from General Grant : St. Louis, Mo., July 8, 1868. To John A. Rawlins, Chief of Staff : No person unable to hold office under the 14th Article of the Con stitutional Amendment, should be allowed to qualify. District Com manders are the Judges of the qualifications of civil officers, until all 37 the requirements of the different Acts of Congress to complete Recon struction of the seceded States, are fully complied with. (Signed) U. S. GRANT, Oeneral. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy: E. C. DEUM, Assistant Adjutant Oeneral. Washington, D. C, July 11, 1868. Major General Oeorge 0. Meade, Commanding Third Military District : The Secretary of War desires to know whether you can spare a Regiment of Infantry from your command. (Signed) EDMUND SCHEIVER, Inspector General. A true copy : R. C. DRUM, Assistant Adjutant Oeneral. HEADQUARTERS THIRD MILITARY DISTRICT. Atlasta, Georgia, July 11, 1868. Mdmund Schriver, Inspector Oeneral, War Department : I would not recommend any reduction of the force in this District at the present moment. When Alabama and Georgia are admitted, and their civil governments peacefully inaugurated, there will be no objection tathe withdrawal of a regiment of Infantry. (Signed) GEORGE G. MEADE, Major Oeneral. A true copy: R. C. DRUM, Assistant Adjtctani Oeneral. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georoia, July 16, 1868. General Rawlins, Chief of Staff: I am officially advised by the Commanding Officer, Sub-District of Alabama, that the Legislature which convened on the 13th instant, adopted on that day the Fourteenth Article Constitutional Amend ment, and otherwise complied with the requisitions of the Act of June 25, 1868 ; and that on the 14th, the Governor elect was duly in augurated and installed in office. (Signed) GEORGE G. MEADE, Major Oeneral. A true copy : E. C. DRUM, Assistant Adjutant Oeneral. HEADQUAETEES THIED MILITARY DISTEICT, Atlanta, Georgia, July 18, 1868. Oeneral TJ. S. Grant, Washington, D. C: On the 8th instant, having been officially notified by tbe Provisional Governor of Georgia that both Houses of the Legislature had reported to him they were organized, and ready for any communication from him, I instructed the Governor to communicate to both Houses that until compliance was had with the laws of Congress, I considered them as provisional, and subject to my control, and that I could not consider either House legally organized until it had examined into and 38 decided on the eligibility of its members under the Fourteenth Article. On receipt of this communication, each House appointed a committee to investigate and report. In the Senate, a majority of the committee reported all eligible. One member of the minority reportedtwo ineli gible. Another member of the minority reported nine ineligible. The Senate, after hearing the report of the committee, and excluding tbe Senators reported against from voting, endorsed and adopted tbe report of the majority, declaring none ineligible. This action is to day transmitted to me by the Provisional Governor, who adopts the extreme report of the minority, gives his judgment that the action of the majority of the committee and of the Senate is illegal, and that the nine members are ineligible; states, however, that he has official information that certain of these members have had their disability removed by Congress, and calls on me to overrule the decision of the Senate, and declare vacant the seats of those members reported against by one member of the minority, whose disabilities have not been re moved. I am not disposed to alter the position I have assumed, that it is the prerogative of each House to judge of the facts and the law in the cases of members of their Houses. I consider I have perforined my duty when I called their attention to the law, and required action to be taken under it. 1 do not feel myself competent to overrule tbe deliberate action of a legislative body, who report they have conformed to the rule I laid down for their guidance. If I was the sole and ex clusive judge of the qualifications of members, I should have exercised my prerogative before allowing the Houses to organize. I construed the dispatch of Mr. Wilson to Governor Warmouth, prohibiting any oath but such as tbe Constitution prescribed, as probibiting any test in advance of the House having control, and as leaving to each House the right to decide. My judgment, therefore, is to acquiesce in the decision of the Senate, and leave to Congress such action as may here after be deemed proper in ca.se the Senate has failed to comply with the law. To adopt the course proposed by the Provisional Governor, and overrule the action of the Senate, will bring me in immediate con flict with the Legislature, and produce results which, in my judgment, will be worse than allowing a few doubtful members to retain seats under the vote of their own body. It is proper I should add, that tbere appears at present no doubt but that the Congres.sional acts will be complied with, even if members whose seats are questioned areleft undisturbed. So far as I can ascertain, the trouble is a personal one, arising out of the contest for United States Senatorship. I should also add that the Senate, whose action is reported, has a decided Republi can majority, and could have purged itself of such members as are clearly ineligible. What I desire to know is whether, in your judg ment, my duty requires me to overrule the deliberate act of the Se nate, and judge for myself on the qualifications of members. I have no doubt of my power in the premises, but do not feel that I am called on to do more than I have done. (Signed) GEORGE G. MEADE, Major GeneraL A true copy : E. C. DRUM, Assistant Adjutant Oeneral. 39 Washington, D. C, July 20, 1868. Major General Oeorge 0. Meade: Your dispatch has been received, and forwarded to General Grant for instructions. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjutant General. Washington, D. C, July 20, 1868. Mt^or Oeneral George 0. Meade, Commanding Third Military District : General Grant is now at Denver. Answer will probably reach you day after to-morrow. I have no doubt he will agree with you. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DEUM, Assistant Adjutani General. Washington, D. C, July 23, 1868. Major General Oeorge 0. Meade, Commanding Third Military District : The following dispatch just received : Denver, Colorado, July 21, 1868. To John A. Baiolins : Major General Meade's dispatch just received. His conclusions are approved. (Signed) U. S. GRANT, General. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjidant General HEADQUARTERS THIRD MILITARY DISTEICT, Atlanta, Georgia, July 21, 18c8. Oeneral TJ. S. Grant, Washington, D. C: Both Houses of the Legislature of Georgia having examined into and decided upon tbe qualifications of their respective members under the 14th Article Constitutional Amendment, I yesterday instructed the Provisional Governor to communicate to each House that I con sidered their organization legal and withdrew any opposition to their proceeding to the business which called them together. To-day both Houses, by decided majorities, have passed the Constitutional Amend ment known as Article 14, and will, without doubt, at once other wise comply -srith the requisition of the act of June 25, 1868. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutani Oeneral. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, July 21, 1868. Brevet Major Oeneral Schriver, War Deparlrnerif, Washington, D. G. . Civil Government being established in Florida and Alabama, and the Georgia Legislature having to-day passed the Fourteenth Article 40 Constitutional Amendments, indicating that in a few days this State will have Civil Government re-established, I am prepared to dispense with one of the regiments of Infantry in this District, and would recommend the withdrawal of the 15th Regiment now in Alabama. Please notify me at the earliest moment that I may make the proper arrangements for relieving it. (Signed) GEOEGE G. MEADE, Major General TJ. S. A. A true copy : E. C. DRUM, Assistant Adjutant Oeneral. Washington, D. C, July 22, 1868. Major General George 0. Meade, Commanding Third Military District : 'The Secretary approves the recommendation in your telegram of yesterday. The Adjutant General will send instructions by mail. (Signed) EDMUND SCHRIVER, Inspector Oeneral. A true copy : E. C. DEUM, Assistant Adjutant Oeneral. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, July 22, 1868. Oeneral TJ. S. Grant, Washington, D. G.: Yesterday, the Governor elect of Georgia notified me officially that both Houses of the General Assembly of Georgia, had by solemn act complied with the requisitions of tbe Act of Congress, which became a law .lune 25, 1868; and to-day, I have witnessed tbe inauguration of the Governor elect. The State of Georgia is therefore under the Acts of Congress, entitled to representation. The official documents will be carried to-day by Brevet Brigadier General R. C. Drum, sent to Washington for tbis purpose. (Signed) GEOEGE G. MEADE, Major General V. S. A. A true copy : R. C; DRUM, Assistanl Adjutant General. HEADQUARTERS THIRD MILITARY DISTRICT, Atlanta, Georgia, July 30, 1868. General TJ. S. Grant, Washington, D. C. : The Governor of Georgia advises m,e there is reason to believe tbe municipal authorities of Augusta are about being resisted by a combi- naiion made for that purpose. These authorities were the appointees of my predecessor, and it is probable the resistance anticipated is on the ground that military authority having ceased, all agents deriving their power from the military ara fundus officio. The Governor calls on me to sustain the civil authorities if necessary. Instructions and advice is requested on the position the military power now occupies. In my judgment, I have no right to interfere or use the military forces under my command except where so instructed to do from supe rior authority, and that the Governor should report to Washington his inability to preserve order and enforce the law, before any orders are sent to me. If I am to preserve order in these States and do tbe police duty of municipalities whenever the civil authorities choose to call on me, I shall have my hands full, as the facility of having 41 order preserved through the United States forces will act to deter proper efforts on the part of the civil power. Besides, my force will be inadequate to do this duty. Not expecting any such duty, 1 con sented to the withdrawal of the 15th regiment of Infantry, t am not disposed, and do not desire, to use my command on the judgment Jof others, or at their dictation. As the Reconstructitm Laws and tbe powers given me under them no longer exist, 1 must ask explicit and distinct instructions as to my powers and their proper exercise. This dispatch can be shown the Secretary of War if General Grant is not at Headquarters. (Signed) GEORGE G. MEADE, Major General A true'copy : R. C. DRUM, Assistant Adjutant GeneraL WAR DEPARTMENT, Washington, D. C, July 31, 1868. Major General Oeorge G. Meade, Commanding Viird Military District: Your telegram to the General Commanding, requesting instructions and advice on the position the military power occupies in Georgia, has been submitted to the Secretary of War, and by him laid before the President and Cabinet. Your views as to when and how the military forces under your command may be used, were approved of, and I am instructed by the Secretary of War to say to you that he will prepare and send to you instructions for your guidance; also, that should any insurrection or riot, break out before you receive them, to advise the Governor to telegraph to the President for the requested authority to use the troops in quelling the same. By referring to General Grant's letter to you, dated June 27, 1868, you will find his opinion ujion the tenure of office of military appointees, which is against their continuance, unless provided for by State authority, (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, As.sisiani Adjutant GeneraL HEADQUARTERS DEPARTMENT OP THE SOUTH, Atlanta, Georgia, August 17, 1868. General Rawlins, Chief of Staff, Washington, D. G. : When may I expect the instructions of the Secretary of War, re ferred to by you in your telegram of the thirty-first ultimo. I am awaiting them to instruct Commanders of Districts, and communicate with Governors of States. (Signed) OEORGE G MEADE, Major General U. S. A. A true copy : E. C DRUM, Assistant Adjutant Oeneral Dated Washington, D. 0. August 20, 1868. Received Atlanta, Georgia, August 20, 1868. To Major Oeneral Oeorge G. Meade, Commanding : The subject matter of your dispatch is still under consideration. 6 42 The answer however will probably be similar to instructions sent General Buchanan. (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjutant General. OEFICE united STATES MILITARY TELEGRAPH. [Telegram received at Headquarters Second Military District.] Charleston, S. C. August 5, 1868. From Atlanta, Ga., August 5, 1868. To Major General Meade, Charleston, S. C. Washington, D. C, August 5, 1868, The Secretary of War directs that you suspend concentration of troops under your late order, until he has time to communicate with you on the subject. (Signed) E. D. TOWNSEND, Assistant Adjutant Oeneral. (Signed) S. F. BAESTOW, Assistant Adjutani General A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS SECOND MILITARY DISTEICT, Charleston, South Carolina, August 5, 1868. Secretary of War, Washington, D. C. : I have received a telegram from Adjutant General directing, sus pension of order concentratin.g troops, until you can communicate with me. As the suspension of this order will produce much confusion — indeed, is almost too late — and as it will delay the departure of the loth Eegiment for Texas, which General Buchanan is urging to be sent to him, and as I feel confident you will be satisfied with ray rea sons, I shall delay suspension till a reply is received to this telegram. My reasons for concentrating the troops, and only occupying such positions as the public exigencies require, are as follows : Fir.st, econo my ; Second, to increase the discipline and efficiency of the troops, which, from their being scattered and divided into small detachments has become lamentably low; Third, to do away with the number of subordinate officers, in whose hands the relations between the military and civil authorities must be left, and who often produce difficulty by want of judgment, or hasty temper ; Fourth, to let the minor civil authorities and Bureau Agents know and realize that they are not to depend on, the military to settle any trifiing difficulty that may occur ; Fifth, to have the troops in band and ready, in case any emer gency should occur requiring their employment, that they could be sent in large force without baying to collect them from a number of points. I am very well aware that tbis arrangement is distasteful to the people, who have been depending on the troops for the preserva tion of order, and to others who wish the Government to scatter the troops, that money may be distributed. But as you have approved of my views of the relative position of the civil and military power, I trust you will approve of my programme for holding the troops in hand at railroad centers, where they can be promptly used in case of necessity. In other words, all the arguments are in favor of concen- 43 tration, and t know of none in favor of their being scattered, unless it is to gratify local influences. I occupy two points in Alabama — Mobile and Huntsville ; three in Georgia— Savannah, Atlanta, Dahlonega; six in Florida — Jackson ville, St. Augustine, Tampa Bay, Key West, Tortugasand Pens.icola. I should deeply regret my programme being overruled, as I acted on mature reflection, and to tbe best of my judgment. An early reply is reciuested (Signed) GEORGE G. MEADE, I Major General. A true copy : R. C. DRUM, Assistant Adjutani Oeneral. OFFICE UNITED STATES MILITARY TELEGRAPH. [Telegram received at Headquarters Second Military District.] , Charleston, S. C, August 6, 1868. Prom Washington, August 6, 1868. To Major Oeneral Oeorge 0. Meade, Commanding Dqyartment of the South: Your cipher telegram of August 5, is received. The Secretary of War will be back from short absence to-morrow. (Signed) E. D. TOWNSEND, Assistant Adjutant General. A true copy : R. C. DRUM, Assistant Adjutant General. HEADQUARTERS SECOND MILITARY DISTRICT, Charleston, S. C, August 6, 1868. Brevet Major General Rawlins, Washington, D. C. : Please get from Adjutant General and forward to General Grant, my telegram of yesterday to Secretary of War, giving reasons for concentration of troops. It was not with any intention of not an swering any proper calls made on me by the constituted civil author ities — though I am of the opinion that said calls should be made through the authorities at Washington — on tbe contrary, my disposi tion of troops was made with a view of promptly acting by masses, if action was required. I did not station any at Montgomery, because the place is unhealthy, and I thought it better to remove the troops from the centre of political agitation ; but I have four companies at Mobile and eight at Atlanta th^t can be sent to Montgomery in less than a day. It is now too late to change, without great confusion, existing orders, and I trust the General-in-Chief has that confidence in my judgment, that when he is apprised of my reasons, and himself examines the disposition of the troops, that he will refrain from over ruling me. If, however, he is still of the opinion that four compa nies should be at Montgomery, they can be sent from the troops now in this command, the late Second District. I would state there never has been over three companies at Montgomery, and that I do not know of a single reason for troops being at Montgomery, than, any other town in the State. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutant GeneraL 44 OFFICE UNITED STATES MILITARY TELEGRAPH. [Cipher telegram received at Headquarters Second Military District.] Charleston, S. C. , August 6, 1868. [Prom War Department, Washington, August 6, 1868.] To Major General George G. Meade, Commanding Department of the South : The following dispatch is transmitted for your guidance : St. Louis, Mo., August 5, 1863. To Major General John A. Rawlins, Cliief of Staff: Direct Major General Meade' to leave troops as now stationed in Alabama, if they have not been already concentrated. If they have been sent to Huntsville, direct that at least four Companies be sta tioned at the State Capital of Alabama, and the rest held in reserve to answer calls, should they be made by the Governor of the State. (Signed) U. S. GRANT, General. (Signed) JOHN A RAWLINS, Chief of Siaff, A true copy : E. C. DEUM, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF THE SOUTH, Atlanta, Georgia, August 8, 1868. Colonel Sprague Commanding District of Florida, St. Augustine, Fta. .- Your course in receiving and confining criminals against the laws of the State of Florida, on the urgent application of the Governor, is disapproved ; and you are hereby notified that there is no authority vested in you, as District Commander, to grant or deny any applica tion of the Governor ; but the same should be referred to those Head quarters. You will require the Governor to call upon the Legisla ture — whose duty it is to provide for tbe safe-keeping of criminals — to take the necessary steps to have this dut}- discharged ; and you will abstain from assuming any further responsibility in such matters, without specific instructions from these Headquarters. However la mentable may be the state of affairs as reported, you have no power to remedy it. If the Governor is unable to enforce law and order in the State, he should so report to the President, when orders will be given for the military power to intervene. (Signed) GEORGE G. MEADE, Major General TJ. S. A., Commanding. A true copy : . E. C. DEUM, Assistant Adjutant Oeneral HEADQUARTERS DISTRICT OF FLORIDA, St. Augustine, Fla., August 8, 1868. Major General George G. Meade, Commanding Department of the South : . Your telegram of to-day is received, and will be rigidly enforced. I have called upon Governor Reed to take charge of the prisoners at once. (Signed) JOHN T. SPRAGUE. Colonel, Commanding, A true copy : R. C. DRUM, Assistant Adjutant General 45 HEADQUARTERS DEPARTMENT OF THE SOUTH, Atlanta, Georgia, August 10, 1868. Brevet Major General E. D. Townsend, War Department, Washington: I propose to concentrate the troops in North and South Carolina in the same manner us 1 have done in the States composing the late Third Military District. In North Carolina, I propose to concentrate the 40th Infantry at Goldsboro', the squadron of the 5th Cavalry at Raleigh, and to occupy Forts Johnson and Macon each with a Com pany of the 5th Artillery. In South Carolina,! design concentrating the 8th Infantry at Columbia, the six Companies of the Btb Infantry at Charleston, and to order the squadron of the 5lh Cavalry now at Aiken, and the Light Battery now at Columbia, to this place, to form a reserve for the whole Department. The four Companies of the 12th Infantry I propose to send to Savannah, so that I can concentrate at this point the 33d Regiment of Infantry. I desire these proposed movements may be laid before the General- in-Chief and Secretary of War, and their approval or disapproval transmitted at the earliest moment. (Signed) GEORGE G. MEADE, Major Oeneral. A true copy : R. 0. DRUM, Assistant Adjutant General Washington, D. C, August 11, 1868. To Major General George G. Meade, U. S. A. .- Your dispatch of the tenth received, and disposition of troops ap- pioved, with qualification in my dispatch to you, at Charleston, dated sixth instant, as follows: — Two (2) companies will answer at Mont gomery, that being capitol of the State. In view of force j'ou design for Atlanta, they can be taken from any point yoa deem best. By Command of General Grant. (Signed) E. D. TOWNSEND, Assisiant Adjutant GeneraL A true copy : E. C. DB,T^M., Assistant Adjutant Oeneral. Washington, D. C, August 20, 1868. To Major General 0. 0. Meade, Gompnanding Department of the South: Tbe following telegram, which has been received by the Secretary of War, is referred to you for such action as j'ou may-deem necessar.y : Montgomery, Ala., August 20, 1868. Eonorable J. M. Schofield, Secretary of War : It is understood that a Company of the 33d United States Infantry is at Selma under marching orders. I hope the Company will be per mitted to remain tbere for the present. 1 think their presence there indispensable to the preservation of peace. ^ WILLIAM H. SMIIH, Governor of Alabctma. By order of the Secretary of War : (Signed) J. C. KELTON, AssisiarU Adjutant Oeneral. A true copy : , , , E. O. DEUM, Assistant Adjutant eneral. 46 Atlanta, Georgia, August 20, 1868. Adjutani General, Washington, D. C. : Dispatch in reference to troops at Selma, Alabama, received.^ Has been leferred to Brevet Brigadier General Euger, Commanding in that State, and as soon as his report is received, the Department will be notified of action, if any is taken. (Signed) GEORGE G. MEADE, A true copy : Major Oeneral. R. C. DRUM, Assisiant Adjutant General. Atlanta, Georgia, August 20, 1868 Brevet Brigadier General Ruger, Suntsville, Alabama : Governor of Alabama telegraphs Secretary of War, that the pres ence of a company of troops at Selma, is indispensable to the preser vation of the peace. Please communicate with the Governor and ascertain the ground on which such opinion is predicated? whether general, and as applies to all towns in Alabama, where there is a large proportion of negroes, or whether there are any local causes, render ing it likely that such contingencies, as justify the intervention of United States troops, will immediately occur. Communicate with commanding officer at Selma, for report on condition of affairs. In other words report in full, to enable^e to decide whether any modi fication of existing orders, based on principles communicated to you, is required at Selma. Also report why this company is so long in obeying the order of concentration, issued several weeks since. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutani General. Huntsville, Ala. , August 21 , 1868. To Major Oeneral George G. Meade, Commanding Department of the South : Telegram of 20th received to-day. The following received from Governor Smith in reply to mine : " Application as to Company at Selma is based on application of good citizens of that City. They fear disturbance if the Company is removed, and think its mere presence will secure tranquility." This application is in reference to that Company only, and for the reason here given. Company from Selma will be here to-day. Will send full report by mail. No emergency at Selma, I think. (Signed; THOMAS H EUGEE, Col 33d Infantry, Bvt Brig. General, Commanding District of Alabama. A true copy : E. C. DEUM, Assistant Adjutani Oeneral HEADQUAETEES DEPARTMENT OF ^HB SOUTH, Atlanta, Georgia, August 21, 1868. Breoei Major General Ra.wlins, Washington, D. C. : Can you send me by telegraph, an official copy of instructions to General Buchanan 7 (Signed) GEORGE G. MEADE A true copy : Major General R. C. DRUM, Assistant Adjutant OeAerdl. 47 WAR DEPARTMENT, Washington, D. i\, August 22, 1868. Major Oeneral Oeorge G. Meade, Commanding Department of the South, Atlanta, Georgia. The following instructions were sent to General Buchanan : HEADQUARTERS OF THE AKMY, Adjutant General's Office, Washington, D. C. , August 10, 1868. Brevet Major Oeneral Robert C. Buchanan, V. S. Army, Commanding Department of Louisiana, New Orleans, Louisiana. Oeneral: The following instructions from the Secretary of War are furnished for your government, to the end that the necessary aid may bo rendered by tbe United States as promptly as possible in any case of insurrection or domestic violence in the Suites embraced in your Military Department. You will keep yourself informed of the con dition of afl'airs in said States, and communicate promptly by tele graph to the War Department, through the Headquarters of the Ar my, any facts which may make it the duty of the President, under the Constitution and laws, to employ the military force of the D ni- ted States. You will also maintain such disposition of tbe troops under your command, that they may be ready to act without delay upon receipt of the President's orders. Stationing tbeni at, or frum time to time moving them to points, where you may have reason to appreliend a necessity fur their use. The following extracts from the Coiislitution and Laws of the Uni ted Stales, indicate the condition under which the military forces of the Uniti'd Slates may be lawfully employed to suppress insurrection against the Government of any Stale : — Article i. Section i, of the Constitution — "The United States shall guarantee to every Slate in this Union a Rejiublienii form of Govern ment, and shall protect each of them at;-ainst inva.sion, and on apj)li- cation of the Legislature or of the Executive, when the Legislature cannot be convened, against domestic violence." Act of Congress, approved February 28, 1 795, Section *-»*-» "And in case of an insurrection in any State agaiust the govern ment thereof, it shall be lawful for the President of tbe United States on application of tbe Legislature of such State or of the Executive, when the Legislature cannot be convened, lo call forth such a num ber of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection. And Section three (3) provided always aiid be it further enacted, that whenever it may be necessary, in the judgment of tbe President to use the military force hereby directed to bo called forth, tbe Presi dent shall forthwith by proclamation command such insurgents to disperse and retire peaceably to their respective abodes within a limi ted time.'' Act of Congress approved March 3, 1807: Be it enacted, &c., that in all cases of insurrection or obstruction to the laws, either of the United States or of any individual State or Territofy, where it is lawful for the President of the United Stales to cill forth the Mili tia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ for the same purposes such part of the land or naval forces of the United 48 States as shall be judged necessary, having first observed all the pre requisites of the law in that respect. By COMMAND OP General U- S. Grant '. (Signed) E. D. TOWNSEND, Assistant Adjutant General, (Signed) JOHN A. RAWLINS, Chief of Staff. A true copy : R. C. DRUM, Assistant Adjutant Oeneral Bordentown, N. J., September 14, 1868. Oeneral R. C. Drum, Atlanta, Georgia: Advise Governor of North Carolina that I shall not change tbe disposition of troops for the purposes indicated in his telegram. If any actual resistance to law, which he cannot suppress, occurs, I will promptly send the troops, but until overt acts occur, I shall keep them ready for emergencies in any part of the State. The civil au thorities must attempt, at least, to preserve tbe peace. Send copy of telegram to General Miles. (Signed) GEORGE G. MEADE, Major General. A true copy: R. C. DRUM, Assistant Adjutant General. Atlanta, Georgia, September 22, 1868. To Major General George G. Meade, U. S. A , : Reports relative to difficulty at Camilla, Georgia, are so exaggera ted that it is difficult to get at the truth. General Sibley promises to send me report of investigation as soon as received. All accounts agree that it was commenced by white men. Will I continue to send papers to you. (Signed) R. C. DRUM, Assistant Adjutani Oeneral, A true copy : R. C. DRUM, Assistant Adjutant Oeneral. Atlanta, Georgia, September 22, 1868. To Major Oeneral Oeorge 0. Meade, TJ. S. A. : Lieutenant O. H. Howard, Agent Freedmen's Bureau, has just re ported, under date of September twentieth, giving full account of the affair at Camilla, Georgia. He states that unless vigorous measures are instituted and troops stationed there for protection of all parties, tbere will be much bloodshed. He says be cannot restrain the people. (Signed) R, C. DRUM, Assistant Adjutani Oeneral. A true copy : E. C. DEUM, Assistanl Adjutant Oeneral. Philadelphia, September 22, 1868. Oeneral R, C. Drum i My knowledge of Lieutenant Howard does not induce much im portance to his report, and I am not aware of any authority he has to restrain any one, he being, as I understand, an agent of the Freed- man's Bureau. I am not disposed to send troops until there is satia- ^9 factory evidence of the inability of the civil authorities to suppress any disorder, and until the proper call is made by tbe Governor of the State. Captain Mills is an officer in whoso judgment I should place great reliance. He should be instructed to inquire into the con duct and capacity of the civil authorities, and to report whether they have done their duty ; keep me advised promptly by telegraph, and direct_ General Sibley to have troops ready to send, "in case 1 should deem it proper to send them. A telegram will reach me at the War Department to-morrow. (Signed) GEOEGE G. MEADE, Major General. A true copy : E. C. DEUM, Assistant Adjutant General Philadelahia, September 22, 1868. Oeneral R. C. Drum, Atlanta, Georgia: Send an officer to inquire into and report all the facts connected with the riot said, in this morning's telegram, to have occurred yes terday at Camilla, in Southwest Georgia, unless you have already re liable information on tbe subject. Eeply to-day to this place; to morrow to Washington. (Signed) GEORGE G. MEADE, Major GeneraL A true copy : E. C. DEUM, Assistanl Adjutant General. Atlanta, Georgia, September 23, 1868, Major Oeneral Oeorge 0. Meade, (care of War Department): Your two telegrams reached me last night. Your wish relative to detail of Captain Mills, had been anticipated, as my telegram of yes terday will have informed you. Both Houses of the State Legislature have passed resolutions that the presence of troops is not necessary, and that the civil authorities are competent to take care of matters. General Sibley has been instructed a? you direct. (Signed) R. C. DRUM, Assistant Adjutant Oeneral A true copy: E. C. DRUM, Assistant Adjutant General. Washington, D. C, September 23, 1868. General Drum, Atlanta, Georgia : Call by telegraph on commanders of Districts to submit a project for tbe distribution of their commands, within the limits of their Dis tricts for the purpose of preserving order during the approaching Presidential election, and the political campaign preceding the same. The posts should not be less than a company, and so distributed as to enable detachments to be made to places in the vicinity, if necessary. The troops to be prepared to go into camp, if quarters cannot be tem porarily hired. The movement in regard to supplies and quarters, to be considered as that of a moveable column— the troops being held ready at any moment to move from point to point as may be nec essary. 5 50 Let this call be answered in writing, and direct District comman ders to confer with Governors of States (Signed) GEORGE G. MEADE, Major Oeneral TJ. S. A. A true copy : R. 0. DRUM, Assistant Adjutant Oeneral. Atlanta, Georgia, Sept. 30, 1868. Sonorable Secretary of War, Washington, D. C: Morning's telegrams announce you are to give to-day, to the Ala bama delegation, a letter of instructions addressed to me. If this is so — and 1 shall be glad to bear it is — I beg you will .send me a copy by telegraph, as it Will aid me in the order I am preparing, distribut ing the troops Every thing is quiet in the Department, the Camilla affair having only resulted in a little political riot. I am awaiting the report of investigating officer to transmit the same. . (Signed) GEORGE G. MEADE, Major General. A true copy : E. C. DRUM, Assistant Adjutani Oeneral War Department, September 30, 1868. [Received at Atlanta, Georgia, September 30, 1868] To Major Oeneral George G. Meade, Commanding Department of the South : The instructions sent you to-day, consist of a reference of the Ala bama memorial to you, for your action, under the instructions here tofore given ; and with the Presidents wish that you exercise within the limits of lawful authority, full discretion and preserve the peace. (Signed) J. M. SCHOFIELD, Secretary of War. A true copy : R. C. DRUM, Assistant Adjutant General. Columbia, S. C, October 3, 1868. Received at Atlanta, Georgia, October 3, 1868. Major Oeneral George G. Meade, Commanding: Since writing affairs are greatly aggravated. Several wanton mur ders have been committed. A Slate Senator, on his way home, was met by a mob at Chester last night, who threatened his life if be at tempted to proceed, and he was compelled to return. Armed men patrol the roads. The civil authorities are powerless to enforce tbe laws. Instructions to General Bomford are necessary for the main tenance of the supremacy of the State government. (Signed) R. K. SCOTT, Governor. A true copy : R. C. DRUM, Assistant Adjutant General. Atlanta, Georgia, October 3, 1868. R. K. Scott, Governor, Columbia, South Carolina: Colonel Bomford under date of September 15, was furnished with the instructions received by me from the War Department. I have no authority to employ the troops except under the conditions speci- 51 fied in the letter from tbe War Department, dated August ,25, a copy of which will be sent by mail, and which you can see by asking Colo nel Bomfoid, SI it was sent to him on the 15lh instant. I shall in a few days issue an order distributing, till after the election, the troops under Colonel Bomford's command — but they will not be able to act, except under the prescribed conditions given and When duly called on in the mode indicated in the instructions. (Signed) GEORGE G. MEADE, Major General. A true copy : R. C. DRUM, Assistant Adjutani General. Atlanta, Georgia, October 6, 1868. General Grant, Washington, D. C. : I forward an outline of an order to be at once issued, on which I desire the comments of yourself, Secretary of War and the President. I am of opinion the moral effect of this order, and the distribution of troops will tend greatly to allay existing excitements, and to remove some existing delusions. In connection with this measure, it would have a very beneficial effect, if a movement could be made — say of one or two companies to each of the following places : — Raleigh, Co lumbia, Atlanta and Montgomery, to act as reserves until after the election. Tbe mere arrival and passage through the country will have a great effect, as indicating the determination of the authorities at Wasbington to sustain me. (Signed) GEORGE G. MEADE, Major General. The following, is an extract of the order referred to ; HEADQUARTERS, DEPARTMENT OF THE SOUTH, Atlanta Georgia, Oetober 8, 1868. genebal orders 1 V (Extract) No. 27. ) Whereas, by an act of Congress of the L^nited States, approved March 2d, 1865, it is made the duty of the military authority to pre serve the peace at the polls at any election that may be held in any of the States ; and Whereas, this duty has become the more imperative, from the existing political excitement in the public mind, from tbe recent organization of civil government, and from the fact that Con gress has by statute prohibited the organization of military forces in the several States of this Department, it is therefore ordered, » • ? * VIII. District commanders will instruct post commanders in their duties, and the relative position of the civil and military powers. They will furnish them with copies of the circulars from these Head quarters, of August 25, and October 1st ult, (the latter of which was forwarded September 15, to District Commanders,) in which the in structions of the War Department are set forth in full. They will impress on post commanders that they are to act in aid and co-opera tion, and in subordination to the civil authorities ; that they are to exercise discretion and judgment, unbiased by political or other pre judices; that their object should be exclusively to preserve the peace 52 and uphold law and older, and they must be satisfied such is the ob ject of the civil officer calling on them for aid, that thjy must in all cases where time will permit, apply for instruction to superior author ity, but they must at all hazards preserve the peace, and not be re strained by technical points, when, in their conscientious judgment under the rules above set forth, it is their duly to act. Post Com manders on being notified of the proposed holding of political meet ings, may send an officer, and if necessary a detachment, to watch the proceedings and see that the peace is preserved. IX. To the people of the several States composing the Department, the Major General commanding appeals that they will co-operate with him and the civil authorities in sustaining law and order, in preser ving the peace and in avoiding those scones of riot and bloodshed, and the wanton destruction of property and life, which has already, in some instances, been enacted in the Department. He urges absti nence from all infiammatory and incendiary appeals to the passions; discountenancing the keeping open of liquor shops on days of political meetings and of election ; the abstaining from carrying arms, and as serting the individual right of construing laws by force of arms. No just cause is ever advanced b}' resort to violence. Let there be chari ty and forbearance among political opponents, whatever may be the result; let each good citizen determine, that all who, under the law, have the right to the ballot, shall exercise it undisturbed. If there are disputed points of law, let them be referred to the courts, and let not mobs or political clubs, or other irresponsible bodies, construe and undertake to execute the law. This appeal is made in the earnest hope that the Major General Commanding can rely on the good sense and correct judgment of the mass of tbe people, and that he will not be compelled to resort to the exercise of the power with which he is intrusted, and which ho will most reluctantly employ. But he thinks it bis duty to make known, that so far as the power under bis com mand will admit, he will not permit the peace to be broken, and that he will not be restrained in the conscientious discharge of bis duty by technicalities of laws made when the present anomalous condition of affairs were neither anticipated or provided for. By order of Major General Meade : E. C. DRUM, A true copy: Assistant Adjutant General. R, C, DRUM, Assisiant Adjutant General. WAR DEPARTMENT, Washington, D. C, October 8, 1868. Received Atlanta, Georgia, October 8, 1868. To Major General Meade^ Commanding Miiiiary Department of the South : Your dispatch of October 6, has been submitted to the General of the Army, the Secretary of War and to the President of the United States. The General approves your proposed order. The President and Secretary of War do not deem it necessary to add any thing to the instructions heretofore given you, believing those instructions ample for your government. (Signed) E. D. TOWNSEND, A true copy : Assistant Adjutant General. E, C. DRUM, Assistant Adjutant General, OF CHIEFS OF STAFF DEPARTMENTS ON DUTY AT HEAD QUARTERS THIRD MILITARY DISTRICT AND DEPART MENT OF THE SOUTH. Statement showing tbe amount of labor done at Headquarters, Third Military District and Department of the South, from January 1, 1868, to November 1, 1868, not including papers specially relating to Registration, elections, appointment to office, &c., pertaining to Civil Bureau : Number of letters received 5,432 Number of miscellaneous papers (Inspection reports of proper ty, certificates of disability, furloughs, &c. ,) received and acted upon 2,026 Number of letters sent 1,883 Number of endorsements 6,084 Number of General Orders issued , 140 Number of Special Orders issued 239 A true copy : E. C. DRUM, Assistant Adjutant General. HEADQUARTERS DEPARTMENT OF THE SOUTH, OvFicE OF Judge Advocate, Atlanta, Georgia, Nov. 1, 1868. Brevet Brigadier Oeneral R. C. Drum, V. S. Army, Assistant Adjutant General, Department of the South. General: — I have the honor to transmit herewith a report of the number of cases tried in the Third Military District from January 1, 1868, to July 81, 1868, and in the Department of the South from Au gust 1, 1868, to October 81, 1868. The nine cases reported as "trial commenced but not completed" were the nine prisoners charged with the murder of G. W. Ashburn, 54 whose trial was commenced on the 29th of June, 1868, but was sus pended July 21, 1868, after the prosecution and a portion of the de fence were completed, owing to " theprobable immediate admission of the State of Georgia, and consequent cesss^tion of military authority," and the prisoners were turned over to the civil authorities. (See General Orders No. 12, current series, Headquarters Department of the South.) The two cases tried by Military Commission, "awaiting the action of the President," are those of Henry Moj-att, Private Company B, 16th Infantry, and David Cameron, Private Company C, 5th Cavalry, charged with murder. The first of these cases was forwarded July 18, 1868, and the latter July 20, 1868. The only prisoner tried by a Military Commission in the Third Military District, now undergoing punishment, is William J. Bran- nen, found guilty of "voluntary manslaughter," (General Orders No. 95, Headquarters Third Military District, series 1868,) who was, how ever, sent to the Penitentiary of the State of Georgia, and, on tbe cessa tion of military authority, was turned over to the State authorities. I am, very respectfully, your obedient servant, (Signed) WM. H. SMYTH, Capt. \Qih Infantry, Bvt, Maj. U. S. A., Acting Judge Advocate. A true copy : R. C. DRUM, Assistant Adjutant Oeneral. SepoH of the number of cases tried in the Third Military District from January Isf, 1868, to July Slsf, 1868, and in the Department of the South from August Isf, 1868, to- October 31st, 1868. Third Military District, Department of tlie South, QraDd Aggregate, BV MILITAKY COMMISSION, No. (JONVICTBD. ~ E = S 32 BY GENERAL COUBT.VI ARTIAL. Ofpickrb. ENLfRTRD Men. ForDoscrt'n Otii'r olf,*ii'3 141 18 ilo ~S 427 715 Or 879 HEADQUARTERS DEPARTMENT OF THE SOUTH, JUDQK advocate's OFFICK, Atianta, Geoegia, November 1st, 1868. A true copy : R. O, DRUM, Assistant Adjuia7ii Oeneral. (Signed) WM. H. SMYTH, Capt leth Inft Bv'i Major U. S. A., Acting Judge Advocate. 56 statement of Receipts and .Expenditures under the Recon struction Acts, in the Third Military District, from May 21, 1867, to JSTovember 5, 1868. RECEIPTS. Amount cash received to Dec. 31, 1867, as follows : Doll's. C. Doll's. C. 1867. May 21 Received from U. S. Treasurer, , - 97.222 22 Aug. 30 Received from U. S. Treiisurer, - Total received to December 31, ISGST, 78,114 79 175,337 01 EXPENSES. 1807. Dec. 31 Amount expended to date as follows: I'liv 1)1' civil omployees, 120..390 69 Mileiigo and transportation. 19.262 30 Srationery and printing, 24 663 '99 Posrage and telegrapliiug, 3,678 17 Office rent and furniture, 2.125 73 Horses ami oquipiueut^, 1,624,40 Wa^ion and harness, 460 85 Foragi', 101 77 Fuel and light, - - - Total expenses to December 31, 1867, Bilance on ha nd .January 1, 1868, 68 45 172,256 37 3.(180 64 Receipts and Expenditures from January 1, 1868, to Novem,- ber 5, 1868. RECEIPTS. Doll's. C. Doll's. C. 1868. .Tan . I Balance cash on hand. 3,080 64 March 1 Received from U S. Treasurer, 97,000 April 10 R"Ceived fir sale of property, 689 May! Received of D. G. Curtis on account fine imposed by Military Commission, - - - . 300 June 16 Received from U. S. Treasurer, 87,701 5,6 July 16 Received ou account sale of property, 20 Sept. 9 Received on account sale of property. Total receipts, . - , 63 74 186,674 29 188,764 93 EXPEKSBS. Pav of civil employees. 104,072 12 Trausportarion and mileage, 17,085 51 Stationery and printing, 6.572 Postage and telegraphing, 3,659 28 Olflce rent and furniture, 3.141 .¦17 Fuel and light, 224 12 Forage. 634 73 Wagon harnes", &c., 122 08 Military commi.fsiiin, 14.180 Piinting press and material. 1,176 ^9. Miscellaneous, . . , - 154 •M Beveuue tax to credit of U. S., - - - Total expended, .... B ilance Not. 6th, 300 34 161,322 58 1868. 37,432 35 Nov. 5 Balance ou hand transf'd to Maj. J. W. Nicholls, 37,432 35 57 RECA PIT VLA TION. 1868. Nov. 5 Total amount received from May 21, 1807, to Decem- I.er31,1867, - ... Total amount received from January I, 1868, to No vember 5, 1868, ... Total receipts, Total amount expended from May 21, 1867, to Decem ber 81, 1867, Total amount expended from January 1, 1808, to Nc- vember 5, 186S, Total expended, Balance on hand transferred to Moj. J. W. Nicholls, Doll's. C. Doll's. 175,337 01 186,674 29 301,011 172,256 37 161 322 58 323 578 37.432 (Signed) E. D. JUDD, Paymaster U. S. A., Disbursing Officer Civil Fund. A true copy : R. C. DRUM, Assistant Adjutant General. The reports of the Chief Quartermaster, Chief Commis sary and Medical Director, relating to the mere routine of their departments, are om.itted. 8 APPEIVDIX. The foregoing comprises the documents accompanying Major Genei-al Meade's annual report to the General-in-Chief ; but that his position on questions arising during his adminis tration, referred to incidentaUy in his report, may be more fully understood, the following documents and orders are published for the information of the reader. IThe question as to the eligibility of certain persons proposed as candidates for Governor of the State of Georgia, having been submitted to Major Oeneral Meade, tlie following letter was addressed by him to the Oeneral-iri- Chief of the Army on that subject .•] HEADQUARTERS THIRD MILITARY DISTRICT, (_Department of Georgia, Florida, and Alabama.) ATLANTA, Georgia. April 16, 1868. General TJ. 8. Grant, Commanding TJ. 8. Army, Washington, D. iC. General :— The (jeorgia Convention, in its ordinance requiring the election of Federiil and State officers on the same days as the election for ratific:ition. provided as follows : ".\nd M:i.inr General Moade i« respectfully requested to give the neccs- s.'iry orders' to ciirr.v into effect l lie foregoing provisions, and cause due retiinii* to be miide, and certijicatea of election to issue by the proper officer-." This duty ot issuing certificates of election w.as one I should never vol untarily have a.s.sumed ; but, unfortunately, my attention vcas not culled to it till after the adjournment of the Convention, too late to have the ordinance modified, and have the returns sent either to the President of the Convention, as w.as the case in Ahibama, or to a Board of Canvassers, tis is provided in the ordinance of the Florida Convention. The objection to discharging this duty is that it impose, on me the necessity of enquir ing into the qualifications and cli,:ibility of thosc otBcers, who are not members of bodies competent themselves to adjust such questions, as, for instance, the Governor. On the third instant, a letter was handed to me by a committee of gentlemen, asking of me an expression of opinion on a given statement of facts, as to tlie eligibility of the Hon, P. Irwin, as a candidate for Governor, to which letter I replied, giving my opinion, and stating that if a person, with such a status, were elected, I should not feel my.seir authorized to permit him to take office. I considered that, in view of the duly imposed on me by the Convention, it w.as due to the voters of the State, if I had settled opinions and would be gnverned by them, that I ought not to decline making them public in advance of being required to act, though I now regret 1 did not assume this po.sltion and decline. A copy of my letter in reply, and of the one of inquiry In the case of Judge Irwin, are herewith transmitted. The consequence of this letter was, the withdrawal of Judge Irwin, and the putting in nomination, by another party, of General Gordon, whose fi-iends likewise addressed me a letter, enquiring as to his qualifi cations under the lu-ts of Congress. Finding General Gordon had never held office before tbe rebellion, had never taken an oath to support the Constitution before entering the military, service of the Confederate States, I concluded that he was not excluded by the 14th Article Consti- 61 tntional Amendment, which, in my judgment then, and now, was the test of which qualifications foroltlcp holders was to he tested. Correspondence in the case of General (lordon likesvlse transmitted. Finding the publicity of the fart that I had to issue ccrtiticntes of elec tion and to decide on the elisrlbility of candidates, was involving me iu letters from almo-t every eamlidatp, I thought proper to issue an order, copy herewith transmitted, announi'ing the points of the Keconstruction acts betiring ou the qualification for office, and staling vvhatotHces would be voted for. In preparing this order,! advised with the Acting Jiiilge Advocate General of the Army, on duty at these flea arise requiring instant action, and if it be impraclicable for watit of time to consult the views of the Commanding General any action taken must be on tbe responsibility of the commander interfer ing; who,_it IS needless to say, will be held to a strict accountability tor his action. ¦' The "Pceedman's Bureau" is now in the same relative position with the Military power, as any other Civil Bureau of the Govei n- ment ; application, therefore, for the use of troops in connection there with, must be made to the Department Commander. By obdkr of Majok General Meade: (Signed) R. (J. DRUM, Assisiant Adjutant General. A true copy : R. C. DRUM, Assistant Adju'ant Oeneral. HEADQUARTERS DEPARTMENT OF THE SOUTH, Atlanta, Georgia, October 1, 1868. To Cormmanding Officer The following correspondence is furnished for your information and guidance ; HEADQUARTERS OF THE ARMY, AD,ruTANT Gkneral's Office, Washington, August 25, 1868. Major General Oeorge 0. Meade, U. S. Army, Ojmmanding Department of the S]ulh, Athinta, Georgia: General . — In reply to your request for instructions relative to the use of the troops under your command iu aid of the civil authorities, the Secretiiry of War directs to be furnished, for your information and gov ernment, the enclosed copies of a letter of instrnelions to Brevet Major Geuei-al Buchanan, commanding Department of Louisiana, dated Au gust 10, 1868, and of a letter from the Attorney General of the United States to Alexander M gruder. Esquire, United States Marshal Northern District of Florida, dated August 20, 1868. The letter to General Buchanan indicates the conditions under which the military force of the United States maj' be employed to suppress insurrection against the government of any State, aud prescribes the duties of the Department commander in reference thereto. The letter of the Attorney General sets forth the conditions under which the Marshal and Sberifl's may command the assistance of the troops in their respective Districts or Counties to execute lawful pre cepts issued to them by competent authority. The obligation of the military, (individual officers and soldiers,) in common with all citizens, to obey the summons of a Marshal or Sheriff, must beheld subordinate to their paramount duty as members of a per manent military body. Hence the troops can act only in their proper organized capacity, under their own officers , aud in obedience to the immediate orders of those officers. The officer commanding troops summoned to the aid of a Marshal or Sheriff, must also judge for him self, and upon his own official responsibility, whether the service re quired of him is lawful and necessary, and compatible with the proper discharge of his ordinary military duties, aud must limit bis action 76 absolutely to proper aid in execution of the lawful precept exhibited to him by the Marshal or Sheriff. If time will permit, every demand from a civil officer for military aid, whether it be for the execution of civil process or to suppress insurrec tion, should be forwarded to the President, with all the material facts in the case, for his orders ; and in all cases the highest commander whose orders can be given in time to meet the emergency, will alone assume the responsibility of action. By a timely disposition of troops where there is reason to apprehend a necessity for their use, and by their passive interposition between hostile p irties, danger of collision may be averted. Department com manders, and, in case of necessity, their subordinates, are expected in this regard to exercise, upon their own responsibility, a wise discretion to the. end that, in any event, tbe peace may be preserved. By command of General Grant : (Signed) J. C. KELTON, Assistant Adjutani General. ATTORNEY GENERAL'S OFFICE. 20tb August, 1868. Alexander Magruder, Esquire, TJ. 8. Marshal Northern District F.orida, SL Augustine, Florida. Sir : — Your letter of the 12th instant reached me yesterday, and has received an attentive consideration. Colonel Sprague's inlormalion to you must have been based upon his own construction of General Meade's order, lately issued, and not upon any special ins'ractionsfrom the President to Colonel Sprague through General Meade or otherwise, as no such special instructions iiave been issued by the President. You add, " Under some circumst.inoes I should be glad to have the aid of the military, and, if practicable, would be pleased to have instructions given to the military to aid me when necessary. I ask this, as Colonel Sprague informs me under his instructions he cannot do so." This de sire and request for the ' 'aid of the military" under certain circumstances , I understand to refer to the occasional necessity, which may arise , that a Marshal should have tbe means of obtaining the aid and attendance of a more considerable force than his regular deputies supply, for the execution of legal process in his District. The 27th Section of the Judiciary Aet of 1789, establishes the office of Marshal, and names among his duties and powers the following : — "And to execute throughout the District all lawful precepts directed to him, and issued under the authority of the United States ; and be shall have power to command all necessary assistance in the execution of his duty, and appoint, as there maybe occasion, one or more deputies." (1 St., p. 87.) You will observe from this that the only measure of the assistance which yon have power to command is its neoes.sity for the execution of your duty, and upon your discreet judgment, under your official respon sibility, the law. reposes the determination of what force each particular necessity requires. Tbis power of the Marshal is equivalent to that of a Sheriff, and, with either, embraces, as a resort in necessity, the whole power of the precinct (County or District) over which the officer's au thority extends. In defining this power, Attorney General Gushing, and, as I understand the .subject, correctly says "it comprises every per son in the District or County above the age of fifteen years, whether civilians or not ; and including the military of all denominations, mill- tia, soldiers, marines, all of whom are alike bound to obey the com- 77 mands of a Sheriff or Marshal." While, however, the law gives you this "power to command all necessary assistance," and the military within your District are not . xempt from obligation to obey,in common with all the citizens, your summons in case of necessity, you will be particular to observe that this high and responsible authority is given to the Miu-shal only in aid of his duty "to execute throughout the Dis trict all lawful precepts directed to him, and issned under the authority of the United States, and only in case of necessity for tbis extraordinary aid. The militiiry persons obeying this summons of tbe Marshal, will act in subordination and obedience to the civil officer, tbe Marshal, in whose aid in the execution of process they are called , and only to the effect of securing its execution. This special duty and authority in the execution of process issued to you, piust not be confounded with the duty and authority of suppres sing disorder and preserving the peace, which, under our Government, belongs to the rivil authorities of the State, and not to the civil author ities of the United States. Nor is this special duty and authority of the Marshal in executing process issued to him, to be confounded with the authority and duty of the President of the United States , in the specific cases of the Constitution and under the regulations of tlie Stat utes, to protect the States against domestic violence, or with the au thority and duty, under special Statutes, to employ military force in subduing combinations in resistance to the laws of the United Slates, for neither of these duties or authorities is shared by the subordinate officers of the Government, except when and as the same may be speci fically communicated to them by the President. I have thus called your attention to tie general considerations bear ing upon the subject to which your letter refers, for the purpose of se curing a due observance of the limits of your duty and authority in connection therewith. Nothing can be less in accordance with the na ture of our government, or the disposition of our people, than a fre quent or ready resort to military aid in execution of the duties confided to civil officers. Courage, vigor, and intrepidity are appropriat« qualities for the civil service which Marshals of the United States are expected to perform, and a re enforcement of their power by extraordinary means is permit ted by the law only in extraordinary emergencies. If it shall be thought that any occasion, at any time, exists for in structions to the military authorities of the United Slates, within any of the States, in connection with the execution of process of the courts of the United States, these instructions will be in accordance with the exigency then appearing. I am, sir, very respectfully, your obedient servant, (Signed) WILLIAM M. EVARTS, Attorney General. Adjutant Genebal's Office, August 26, 1868. Official copy : (Signed) J. C. KELTON, Assistant Adjutant General. By Obdeb of Major General Meade : (Signed) R. C. DRUM, Assistant Adjutant Oeneral A true copy : E. C DEUM, Assistant Adjutant General. 78 HBADQU-A.RTERS DEPART.MENT OF THE SOUTH, Atlanta, Georgia, November 23, 1868. [Circular Letter.] To StR:— The following correspondence is respectfully fur nished for your information : WAR DEPARTMENT, AdjL GenVs Office, Washington, Nov. 12th, 1868. Major General Oeorge O. Meade, Commanding Department of the South, Atlanta, Georgia. Sir : — I have the honor to inform you that the views ex pressed in your endorsement of the 31st ultimo, returning to the Commanding Officer District of South t'arolina, papers re lative to the construction of General Orders No. 27, from Head quarters Department of the South, as regards furnishing de tails of troops upon summons from the Sheriffof a county, or intendant of a town, have been concurred in by the Secretary of War. Very respectfully, your obedient servant, (Sigued) E. D. tOWNSEND, Asst. Adjt. GenI, JEndorsement dated October 31.si, 1868, on a letter from Brevet Brigadier GeneralJ . V. Bomford, U. S. Army, Command ing District South Carolina, dated Columbia, South Carolina, October 23d, 1868, enclosing letter from Brevet Major J. J. Vanllorn, dated October ^Ist, 1868, requesting information as to construction of General Orders No. 27, " as regards furnishing a detail from my command upon a .summons from the Sheriff of the county or Intendant of the town, for the arrest of single persons.^' "Respectfully returned to Brevet Brigadier General J. V. Bomford, U. S. Army, commanding District of South Caroli na. The case is too indefinitely stated for any specific in structions. It was not designed by General Orders No. 27 to relieve Sheriffs from such duties as would be imposed on them were no military force present ; and the Sheriff' is authorized to call on the militar.y only when he has ej^hausted all other resources, or when he meets with resistance in the attempt to enforce process. It was not intended, nor will it be permitted the Sheriff to rely on, and only on, the military for his pur poses. Not only would such a course be contrary to lavv, but would tend to relieve citizens from doing the duty which the law imposes on them. Besides, the troops are not permanent ly stationed where they are at present, and such reliance by Sheriffs would be merely temporary. Whi^n a distinct case, with names of parties, action of Sheriff, evidence of his ina bility to execute process, or of resistance offered is presented, the Commanding General will give special instructions in the case. Until then, officers will be governed by instructions from the War Department and General Orders No. 27." Very respectfully, your obedient servant, (Signed) R. C. DRUM, Assistant Adjutant General. A true copy : R. C. DRUM, Assistant Adjutani Oeneral. REPOET ON CAMILLA DIFFICULTY. HEADQUARTERS DEPARTMENT OF THE SOUTH, Atl.v.sta, Georgia, October 3, 1868. General U. S. Grant, Commaw/ing U. S Army, Washington, D. C. : Sir:— You have been apnrised, that on receiving intelligence of the disorders occurring in this State on tbe 19th instant, at "Camilla, in Mitchell c(ainly,' that I at once bad troops in readiness, to meet any call of the civil anthoritiei^, such a« are leferred to in the letter of in structions from the General-in-Chief of date August 25, 1868, and that at the same time, I dispatched Captain Mills, a most reliable and intelligent officer on whose cool sound judgment and freedom from any prejudice or party bias I could depend, to investigate thoroughly and report the facts in the case. The affair passing off with the riot or rather collision of tbe 19th insfjint, and no call having been made on me, the Legislature, (as I think properly) declining the request of the Governor to authorize him to make the call, no troops were sent. Tho report of Captain Mills was j-esterday received, and after its perusal I deemed the only thing for me to do, was to transmit it to the Governor of the Slate, the officer with whom I am required to communicate and to assure him, that in any mea.suros that might bo taken by the civil authori ties in the investigation of the affair and punishment of derelict civil .officers or citizens, that in case he met with resistance, or he or they found tbemsolves unable to execute the laws I was prepared on being so informed to aid and co-nperate with him to the fullest extent of the force under my command. My letter to tho Governor, the report and accompanying docu ments of Captain Mills, are herewith forwarded by the hands of Cap tain C. McKibbin, U. S. Army, and I should be pleased to receive any comments thereon, which yourself, the Honorable Secretary of War, or the President ma}- please to make. I deem it proper to add, that in a few days I shall distribute tbg troops in the Department, with a view of "aiding the civil authori ties to keep the peace" during the approaching Presidential election. Very respectfully, your obedient servant, (Signed) GEORGE 6. MEADE, Major Oeneral A true copy : R. C. DRUM, Assistant Adjidant Oeneral. HEADQUARTERS DEPARTMENT OF THE SOUTH, ATt.ANTA, Ga., Oetober 8, 18o8. To Sis Excellency. H. B. Bullock. Governor of Georgia. GOVERNOR:— Enclosed you will find a printed copy of the instrnctioni sent to me from the General-in-t'hief, for my guidance in determining when and how the forces under my command may be used to "preserve th« peace."* You will perceive they require not only that the call must be made • See Circular Letters of August 25 and October 1, 1S?6S. 80 by some Marshal or Sheriff, but fh.at this call must be made in accordance with law, and that the application, with the facts in the case, should be sent, if practicable, to the Presiilent of the United States for his orders, before action is taken, and action can only betaken by any subordinate officer on an emergency justifying him, for which he will be held to a strict accountability. The laws referred to in these letters of instruction having been enacted at periods when the present anomalous condition of affaire, at this time existing in Iheseveral States of this Slilitary Department, was never an ticipated. They do not provide that prompt and summary action which, in cases of riot and unpremeditated disorder, is so necessary for its imme diate suppression, and they throw directly and entirely on the Marshal or Sheriff the duty ot initiating the process by which military aid can be given to -preserve the peace." As much latitude in.ay be given to this expression, "preserving the peace," and to guard against unnecessary or improper and illegal use of the United States troops subordinate officers are enjoined in all cases to obtain, if practicable, from their superiors the authorify to act when called on. These remarks are made to exphiin to jou my course in the recent occurrence at Camilla, in this State. The moment I received intelligence of the difficulty, 1 directed troops to be held in readiness to meet any legal calls from the properly constituted au thorities, and I, at the same time, dispatched an intelligent and reliable officer, in whose judgment I had implicit confidence, to make an investi gation, and report to me the facts obtained. The report of that officer. Captain William Mills,,16th Infantry, with accompanying affidavits, is herewith forwarded for yourj'.onsideration, and such action as you m.iy deem proper; making the following remarks, which may be deemed per tinent in view of the delicate duty devolving on me, and my future action in similar cases : — 1. I consider tl^e conduct of Mes.srs. Pierce and Murphy in the highest degree reprehensible, if not subjecting thera to an action at law, whilst I waive the question as to whether your proclamation referred to .such as semblages as met together at Camilla. Whilst I acknowledge the Con stitutional right of every citizen fo hear arms for a peacciUile purpose, I mustinsist that when a civil officer, charged with the preservation of the peace, commands or requests citizens to put away arms on the ground that unless they do so, he cannot protect them, that it i.s tbe duty of every good citizen to yield to the mandate of the law officer, whether that officer be acting from right or wrong motives, or whether his action is strictly and technically legiil or not; for it is evident that in the existing condi tion of tne public mind, if individual citizens are determined to put their construction on laws and maintain them by force of arms, that collision riot and bloodshed are inevitabje. Therefore, in my judgment, it was the duty of Messrs. Pierce and Murphy, as the principal parties, to have counselled and urged compliance with the mandate of the Sheriff, and held him responsible afterwards for any assumed authority he may have exer cised. The strongest evidence of this is to be found in the report of Cap. tain Mills, in which he states that after the riot commenced, it ended in a 81 few minutes, by the fleeing of the negroes, who composed the mass of the meeting, showing their arms were utterly useless, and might just as well have been left, tor all the ability it gave them to maintain their Constitu tional rights. II. The conduct of the Sheriff, iu returning to Camilla and organizing a. posse to meet a riot he seemed determined to believe would occur. would seem to indicate he hail more knowledge of an intention to break the peace on the part of the citizens of the town than those holding the meeting, and that his conduct was such, .as to subject him to the grave suspicion, that, under the gui-e of the law, and his duty, he was a p irly to the wanton and unnecessary destruction of life which subsequently ensued. For there is no evidence that after all resistance was over, and the negroes were flying in terror, that the Sheriff made any effort to con trol his 7)osse, and prevent them from continuing till night fall and for miles from town, wounding and killing the fugitives, 'ibis isagraveand serious charge— almost too terrible to believe— and I .should be most ehid to resi-t the eonclu^ion3 which have forced me to believing it, but there is so much ^rima-/acie evidence .as not only to warrant but to demand — that such legal action, as the code of the State authorises, should be immedi ately taken, and an investigation according to theforms.of law be h.id, and all guilty parties, whether sheriff, coroner or citizens, should be either acquitted, or if found guilty, punished with the severe-t penalties the Statutes admit. And now I come to the material part of this communi cation. There were no troops at CamiHa, not only because no necessity for their use was anticipated, but because the place is one so remote and obscure, that had 1 have been distributing troops, they would never have been sent nearer than Albany, some thirty miles distant; but supposing troops had been present, you can readily perceive how embarrassing would be the duty lof the officer in command, unless he was better posted up in local matters than it is rea.«onable to believe he would he; for in this case, the testimony would seem to point to the civil officer, whom he is in structed to obey, as the very one who U apparently most guilty. I refer to this because I am repeatedly applied to scatter and distribute the troops, to which I have replied, that I have not the force to occupy every village in the State, that the conditions under which the troops can act, re quires the soundest discretion and good judgment, which all subordintite officers do not possesS, and that I deem it better to hold the troops ready in masses, to intervene in large bodies when the proper time comes; and if the riot at Camilla bad continued, or had been followed by retaliation ou the part of the colored population, I would at once have sent suffi cient troops to have restored order. And I beg now to say to you, that if In taking the action to investigate this matter and punish the guilty therein, if you report to me any difficulty in executing the decrees of Courts, or in serving the processes of the sheriffs and others, I am pre pared to sustain the law officers of the State to the fullest extent of the military power under my command. 1 have no authority to act indepen dent of the civil authorities, and the laws must be adhered to where- ever they are defined; but it in executing these laws, you or your sub- 11 82 ordinate officers meet with resistence more than you can overcome, I am prepared, on being so advised, to use all my power to sustain you. Per haps the announcement of this fact may remove some delusions, and have the effect to prevent in future, occurrences like the one at Camilla — an af fair 1 trust there will be no delay in investigating, and punishing the guilty, and to aid the :ution of any officer charged with this investiga tion, is the object of sending to you Captain Mill's report and accompa nying documents. Very respectfully, vour obedient servant, (Signed) GEOlIGE G. MEADB, Major General TJ. S. A. A true copy : R. C. DRUM, Assistant Adjutant General. Mcpherson Barracks, Atlanta, Gforoia, September 2!), 1868. Brevet Brigadier General B. C. Drum. Assistant Adjutant General, Department of the South, Atlanta, Georgia: GKnkkal: 1 have the honor to report Ibat in compliance with para graph VII of Special Orders No. 44, current series from Headquarters Department of the South. I proceeded to Camilla, Mitchell county, Geor gia, on the 2.5d instant to invcstigale the oe.cnrrenees at that ¦ place on th* 19th instant. 1 respectfully report as follows: A few days previous to the 19th instant, notices were circulated in Dougherty and .Mitchell counties that a Republican meeting would be field at Camilla, Georgia, on thattlay, and that W. P. Pierce, a candidate for Congress for that district, John Murphy, candidate as elector for the district. T. F. Putney and others would addresfl the meeting; that pur suant lo that nnlice, a number of colored people from tha planfatiofis be tween Albany, Georgia, and tbe neighborhood of Camilla, proceeded in & body to that place, accompanied by niusieians m a \viigon. This crowd numbeted from two to three hundred colored people, about one half of whom may have carried firo-nrms of different desel'iption^ ; that when within froJn two to three miles of Camilla, they Were met by M. Sw Poore,the Sheriff of Mitihell colmty. accompanied by four or five citizen* of Camilla, who protested against their entering tho town with arms, claiming that in accordance with a late proclamation of th^ Governor, he was cmpowei-ed to demand that they do not enter the town with arms. This demand of the Sheriff was replied to by Messrs*. Pierce and Murphy in behalf of the crowd, by their stating that they were not ah organized body and in no way under the control of any one leader; that the per sons with arms carried them of their own accord, and .assured the Sheriff and citizens of Camilla with him, that they were going to Camilla for the purpose of attending a political meeting, and that their intentions were peaceable, and without intent to dlsturhe the peafce of the place. I would respectfully call your attention to the enclosed affidavits nf W. P. Pierce, John Murphy, T. F. Putney aild M. S. Poore, Sheriffof MitchHl county, for a full Undel'standidg of what tbok plUDC between the Sheriff and th« freedmen at this time. ' From tbe afUdavit it will be seen that he can»idet6d the attitude 6f tbs 83 crowd approaching the town of such a character as to Induce him to re turn to town and prepare the citizens against attack by directing them as a possee to have thidr arms ready in case he should call upon them to assist him in preserving the peace. I h.ave been unable to obtain any evidence that these colored people going to Camilla on that day were either instructed or advised by any one lo carry arms with them, either for purposes of defence or violence, or that they seriously expected interruption in holding their meeting, although from some of the enclosed affidavits it is alleged that one James Johns, a white i-ilizen of (;amillii, had frequently said that no Kc- publican meeting should be held in Camilla, and that on this day, this man Johns, armed with a gnu, met the crowd .some three miles from town and told them that they should have no meeting or speaking at Camilla, and that if they come into town they would be hurt. Upon the crowd entering the town en route to the Court House, they are met by this man Johns, who is intoxicated and armed with a gun ; he is bois terous and angry in hi- manner, and orders the musicians in the wagon to cease playing; his orders are not obeyed. In some of the enclosed affi- da\ its it is .stated that he then fired his gun at the people in the wagon; by others, that his gun was discharged accidentally and not in the direc tion of the wagon. However, this may be, the result of the discharge of this man's gun, was immediiite fire from both colored people and citi zens of the place. It is admitted by all persons that this man's gun was the first one fired ; that it vyas discharged without provocation. In con versation with citizens of Camilla, this man .Johns was described to me as a drunken and dangerous man and frequently in difficulties, and one whose acts they deprecated, and that on that day he was intoxicated. Under these circnrastauces it can not but be considered neglectful on the part of the Sheriff in not seeing that this man Johns was kept out of the way on that day, particularly as he was drunk, and as he, the Sherifl, ap pears to have apprehended so mnch trouble from the approaching crowd and the excitement existing among the citizens of the place. For a full understanding of tne occurrences from the time the Sheriff met the crowd advancing on the road to town until thefiring commenced and its results. I respectfully call attention to the enclosed affidavits of both citizens of Camilla and persons who went tbere to attend the meet ing. As far as it was possible to learn the casualties on that day, were as follows: 9.kiHe.l, colored; from 25 to 30 wounded, colored, several slight ly; 6 citizens of Camilla, white, wounded, none severely. From the enclosed statement of parties present, it will be seen that the firing in town did not continue many minutes, but that the colored peo ple fled to the adjoining woods, and that they were pursued by the citi zens as a possee of the Sheriff, some of them mounted and some on foot, and that firing of guns was heard through the woods during the balance ilf .the day. TheSheriff in hisaffldavit states that three colored men were killed one mile from the town. I have been unable to find any proof that the colored people who went that day to Camilla were advised by any of the white men who accom- 84 panied them, and who were to address them, either to go armed for defenc or violence, but that on the contrary the enclosed affidavits show that Messrs. Pierce, Murphy and Putney all advised and iniprOssed upon them that they should be peaceable and law-abiding in all their acts, as they were meeting at this place, Camilla, in the exercise of their rights as citizens of the United States. That the citizens of the town of Albany were in iiny way implicated or connected with the occurrence at Camilla on the 19th in.stant, is in no way proven. It is explained in the affidavit of the Sheriff of Mitchell county that notice of some colored people having left Albany on the evening of the 18th instant for Camilla, was received by him- through a person living in the adjoining town of Newton. This is in no way de nied, as by reference to the affidavit of Peter Hines, the leader of the band, it will be seen that the musicians with otlier f reedmen, left Albany on the evening of the ISth inst. I herewith transmit the proceedings of the citizensof Albany, Georgia, held on the 2 1 St inst., and would state that information was freely tendered me by all parties. I was accompanied by^Brevet Stajor U. H. Howard, sub-Assistant Commissioner Bureau Refugees, Freedmen and Abandoned Lands, from Albany, Georgia, to Camilla, Georgia, and from what I could learn, the colored people and whites were peaceably disuo.sed towards each other. In my investigation of this matter I was materiidly assisted ^by Major Howard, and upon my arrival at C.imilla, the citizens of that place ap peared desirous that the occurrence on the 19lh instant should be inves- tigateil. Up to the ly de clares said civil offlOvMs aud tribunals are not to be intei-tered ¦within the discharge oi' tlioir duties. Lieutenant Johnson should have confined himself to calling on Judge Pope for ex planation, and reporting tho facts to tliese Headquarters. His assumption of authority to arrest, is deserv^ing of the severest censure, aud is not justitied or palliated by his zeal or consci entious desire to do his duty, both of which the commanding General is willing to admit". In the second place. Lieutenant Johnson erred in judgment, his eonstnictipn of General Orders -53 and 5o not being correct, and, so far as tlie Commanding iTeneral can judge from the eorrespondenoe submitted, the construction of Judge Pope was sueh as has been ffiven at these Headqaarters. The ob ject of General larders Xos. -V^ and 55, was r.oi to declare, as seems to be Lieutenant Johnson's opinion, tiia: all juries must be in part composed or" colore. I men. and that no juvy v 1 ' f »• i ^*, *'? i.K ¦ .•¦* ¦ "¦«¦> $-^M ^^ '"^ ' ^-^^ . ¦' 'ii^ ::^^ 'J. •»>• 1^ '1 !. T7 ¦i-v. ; '¦'! I *¦•¦?. .11 i"^' ^^^ '¦^ -¦""'-i ^ ^^:i pt?' m^' £(s .!^'V« .'v ^f.-. * 1 ri"'"' # n" A» iM-^ i«. ^ *: f i #^>.' -Jl*"fc.l'*» J> '">%ll%' ¦ "St