582 



MISSISSIPPI. 



that paper with regard to his course, alleging 

 that what he had done was strictly within the 

 scope of his instructions, which were as fol- 

 lows : 



General Orders No. 18. 



HEADQUARTERS DEPARTMENT or MISSISSIPPI, ) 

 YICKSBUBG, Miss., Aug. 15, 1865. f 

 The following endorsement on a communication 

 regarding jurisdiction of military courts in certain 

 cases, which was addressed to the Assistant Judge 

 Advocate General, and by him referred to the Judge 

 Advocate General of the army, and which is approved 

 by the Secretary of War, is published for the infor- 

 mation of all concerned : 



WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE, ) 

 July 25, 18C5. f 



Respectfully returned to Col. W. it. Dunn, Assist- 

 ant Judge Advocate General. 



The trials by military commission of the within 

 named citizens of Mississippi (Cooper, Downing, and 

 Saunders), charged with capital and other gross as- 

 saults upon colored soldiers of our army (and in one 

 instance of a similar treatment of a colored female), 

 should be at once proceeded with ; and all like cases 

 of crime in that locality should be promptly and 

 vigorously prosecuted. That the President has ac- 

 corded a Provisional Government to the State of 

 Mississippi is a fact which should not be allowed to 

 abridge or injuriously affect the jurisdiction hereto- 

 fore properly assumed by military courts in that 

 region during the war. And especially is the con- 

 tinued exercise of that jurisdiction called for, in 

 cases 1st, of wrong or injury done by citizens to 

 soldiers (whether white or black) ; and 2d, of assault 

 or abuse of colored citizens generally; where, indeed, 

 the local tribunals are either unwilling (by reason of 

 inherent prejudice) or incapable (by reason of the 

 defective machinery, or because of some State law 

 declaring colored persons incompetent as witnesses) 

 to do full justice or properly punish the offenders. 



The State of Mississippi, in common with other in- 

 surgent States, is still in the occupation of our forces, 

 and embraced, as it is, in a military department is 

 still, to a very considerable extent, under the control 

 of the military authorities. Moreover, the rebellion, 

 though physically crushed, has not been officially an- 

 nouncea or treated, either directly or indirectly, as a 

 thing of the past ; the suspension of the habeas corpus 

 has not been terminated, nor has military law ceased 

 to be enforced, in proper cases, through the agency 

 of military courts and military commanders, in all 

 parts of the country. 



It is to be added that the charges against the with- 

 in named parties have been examined and found to 

 be generally substantially correct in form. A few 

 changes only in the allegations have been noted as 

 proper to be made before these charges are served 

 upon the accused. 



(Signed) A. A. HOSMER, 



Major and Judge Advocate. 



(In the absence of the Judge Advocate General.) 



Approved : 

 (Signed) E. M. STANTON, 



Secretary of War. 



July 27, 1865. 



By order of Maj.-Gen. SLOCUM. 



J. WARREX MILLER, Assistant Adjutant-General. 



The rule laid down as above hy Judge Advo- 

 cate Hosmer, and endorsed hy Secretary Stan- 

 ton, constituted also, it would seem, a sufficient 

 justification of Gen. Slocum in the following 

 transactions. On the 19th of August Gov. 

 Sharkey issued the following proclamation, call- 

 ing on the people to organize under the militia 

 laws of the State a force for the apprehension 

 of offenders and the prevention of crime : 



OFFICE, JACKSOW, Angist 19. 1865. 



Information having reached me that parties of bad 

 men have banded together in different parts of the 

 State for the purpose of robbing and plundering, and 

 for violating the law in various ways, and that outrages 

 of various kinds are being perpetrated, and the mil- 

 itary authorities of the United States being insuffi- 

 cient to protect the people throughout the entire 

 State, I do therefore call upon the people, and es- 

 pecially on such as are liable to perform military 

 duty and are familiar with military discipline, to or- 

 ganize volunteer companies in each county in the 

 State, if practicable, at least one company of cavalry 

 and one of infantry, as speedily as possible, for the 

 detection of criminals, the prevention of crime, and 

 the preservation of good order. And I urge upon 

 these companies, when formed, that they will be 

 vigilant in the discharge of their duties. These com- 

 panies will be organized under the law in relation to 

 volunteer companies, as contained in the Revised Code 

 and the amendment thereto passed on the 10th day 

 of February, 1860, except that as soon as the proper 

 number shall volunteer the election of officers may 

 take place immediately and without further order, 

 and commissions will be issued as soon as returns 

 are received, and the election may be held by any 

 justice of the peace. I most earnestly call upon the 

 young men of the State, who have so distinguished 

 themselves for gallantry, to respond promptly to this 

 call, which is made in behalf of a suffering people. 



It will be the duty, as I hope it will be the pleas- 

 ure, of these companies to pursue and apprehend all 

 offenders against law, and by vigilance to prevent 

 crime ; to aid the civil authorities, and to contribute 

 all in their power to the restoration of good order in 

 the community. Arms will be procured, if possible, 

 for such as may not have them ; but I would advise 

 an immediate organization with such arms as can be 

 procured. 



Given under my hand, and the great seal of the 

 State affixed. W. L. SHARKEY, 



Provisional Governor of Mississippi. 



On the 24th Gen. Slocum issued an order in- 

 terfering with the proposed organization of the 

 State militia, as follows : 



General Orders No. 22. 

 HEADQUARTERS DEPARTMENT OF MISSISSIPPI, \ 

 VICKSBURO, Miss., August 34, 1865. f 



The attention of District Commanders is called to 

 a proclamation of the Provisional Governor of the 

 State of Mississippi, of the 19th inst., which provides 

 for the organization of a military force in each county 

 of the State. 



While the General Government deems it necessary 

 to maintain its authority here by armed forces, it is 

 important that the powers and duties of the officers 

 commanding should be clearly defined. 



The State of Mississippi was one of the first that 

 engaged in the recent rebellion. For more than four 

 years all her energies have been devoted to a war 

 upon our Government. At length, from exhaustion, 

 she has been compelled to lay down her arms ; but 

 no orders have as yet been received by the military 

 authorities on duty here indicating that the State hus 

 been relieved from the hostile position which she 

 voluntarily assumed toward the United States. 



The General Government, earnestly desiring to 

 restore the State to its former position, has appointed 

 a Provisional Governor, with power to call a conven- 

 tion for the accomplishment of that purpose. Upon 

 the military forces devolve the duties of prewiring 

 order and of executing the laws of Congress and the 

 orders of the War Department. The orders defining 

 the rights and privileges to be secured to freedmen 

 meet with opposition in many parts of the State, and 

 the duties devolving upon military officers, in the 

 execution of these orders, are often of a delicate na- 

 ture. It has certainly been the desire of the Depart- 



