584 



MISSISSIPPI. 



of his appointment, at least without advising the 

 Government of the intended interference. 

 ANDREW JOHNSON, 



President United States. 



On the 2<1 of September the President re- 

 ceived a despatch from Gov. Sharkey, stating 

 that Gen. Slocum had issued an order prevent- 

 ing the execution of his proclamation of August 

 19th, and acknowledging the receipt of a copy 

 of the despatch sent to Gen. Carl Schnrz. A 

 similar despatch was subsequently sent to Gov. 

 Sharkey. On the same day the following 

 despatch was sent to Gen. Slocum : 



WAR DEPARTMENT, WASHINGTON, Sept 2d. 

 To Maj.-Gen. Slocum : 



Upon the 19th of August Gov. Sharkey issued a 

 proclamation calling for the formation of military 

 companies in each county to detect criminals and 

 prevent crime and preserve good order in places 

 where the military forces of the United States were 

 insufficient to do so. If you have issued any order 

 countermanding this proclamation or interfering with 

 its execution, you will at once revoke it. Acknowl- 

 edge the receipt of this order and telegraph your 

 action. 



By order of the President of the United States, 

 T. T. ECKERT, Actihg Ass. Sec, War. 



Gen. Slocum promptly issued the following 

 order, revoking his order of August 24th : 



General Orders No. 23. 

 HEADQUARTERS DEPARTMENT OP MISSISSIPPI, ) 

 VICKSBURG, Miss., Sept. 4, 1865. j 



By direction of the President of the United States, 

 General Orders No. 22, current series from these head- 

 quarters, is hereby revoked. 



No officer will, in any manner, interfere with the 

 organization of troops pursuant to the proclamation 

 of the Provisional Governor. 



The order which is hereby revoked was issued, as 

 stated therein, from apprehension of danger of con- 

 flict between the State troops and colored troops 

 serving the United States, and in the firm belief that 

 it was in accordance with the policy of the Govern- 

 ment. 



It is the imperative duty of every United States 

 officer serving in this department to be guarded in 

 the execution of all orders ; to avoid giving offence ; 

 and in case of conflict with either officers or soldiers 

 serving under the State authorities, to postpone ac- 

 tion in the matter, if possible, until it has been re- 

 ferred to the district or department commander for 

 decision. 



By order of Major-General SLOCUM. 



J. W. MILLEU, A. A. G. 



The condition and relations of the freedmen 

 became the subject of much discussion in Mis- 

 sissippi. Many of the negroes remained with 

 their old masters; others roamed about the 

 country in idle vagrancy. Almost all of them 

 had very extravagant notions of their newly 

 acquired rights and privileges. Their late 

 owners and the white population generally, on 

 the other hand, though accepting the new order 

 of things in good faith as an inevitable neces- 

 sity, were for the most part unprepared to 

 grant equal rights to the negroes. Some even 

 expected the restoration of slavery sooner or 

 later. Little trouble, however, actually occurred 

 between the freedmen and their employers. 

 All labor was contracted for, and owners of 

 plantations were anxious to make contracts for 



1866, being apprehensive that laborers would 

 be procured with difficulty at the beginning of 

 the season. The admission of negro testimony 

 in courts of justice and the right to sue and be 

 sued, incident to the right to protection of per- 

 son and property guaranteed by the amended 

 State constitution, met with much opposition ; 

 and Col. Thomas, Assistant Commissioner of 

 the Freedmen's Bureau, having proposed to 

 turn over the business of his court to the civil 

 authorities, Gov. Sharkey issued the following 

 proclamation : 



EXECUTIVE OFFICE, JACKSON, September 25, 1865. 



By an order bearing date the 20th inst., Col. Sam- 

 Bel Thomas, Assistant Commissioner of the Freed- 

 men's Bureau in this State, proposes to transfer to 

 the civil authorities of the State the light to try all 

 cases in which the rights of freedmen are involved, 

 either for injuries done to their persons or property. 

 This proposition is made, however, on condition that 

 " the judicial officers and magistrates of the provis- 

 ional government of the State will take for their 

 mode of procedure the laws now in force in this 

 State, except so far as those laws make a distinction 

 on account of color, and allow negroes the same 

 rights and privileges as are accorded to white men 

 before their courts ; " by which I understand that 

 negroes shall be allowed to testify in cases where 

 their interest is involved. And believing that the 

 late constitutional amendment which abolished 

 slavery abolishes all laws which constituted a part 

 of the policy of the system of slavery, and in declar- 

 ing that the negro shall be protected in his person 

 and property, establishes principles which, of them- 

 selves, entitle the negro to sue and be sued, and as a 

 necessary incident to such right, that he is mado 

 competent as a witness, according to the laws of 

 evidence of the State : Now, therefore, I, William L. 

 Sharkey, Provisional Governor of Mississippi, with a 

 view of securing to our citizens the rights of trial 

 before their own officers, and under their own laws, 

 rather than by a military tribunal and by military law, 

 .do hereby proclaim and make known that in all 

 cases, civil or criminal, in which the rights of ne- 

 groes are involved, either for injuries done to their 

 persons or property, or in matters of contract, the 

 testimony of negroes may be received, subject to the 

 common rules of evidence, as regards competency 

 and credibility, which prevail in regard to white per- 

 sons. And I do therefore accept the proposition of 

 Col. Samuel Thomas, Assistant Commissioner of the 

 Freedmen's Bureau of this State, and request that 

 no freedmen' s court shall hereafter be organized, 

 and that those already in existence be closed, and 

 instructed to transfer the cases before them to civil 

 authorities ; and I hereby instruct all judicial officers 

 and magistrates to act accordingly, until the Legis- 

 lature shall act upon this subiect. 



Given under my hand and the great seal of the 

 State affixed this day and date above written. 

 W. L. SHARKEY, 

 Provisional Governor of Mississippi. 



The State election took place on the 2d of 

 December, and resulted in the choice of Gen. 

 Benj. G. Humphreys for Governor, H. J. Har- 

 ris for Secretary of State, T. T. Swann for Au- 

 ditor, Gen. John H. Echols for Treasurer, and C. 

 E. Hooker for Attorney-General. Five Con- 

 gressmen were also elected. The total vote of 

 the State for Governor was 44,916. In 1860 

 the total vote for President was 69,120. T.otli 

 houses of the Legislature convened and organ- 

 ized on the 16th. Gov. Sharkey was chosen 

 Uiiited States Senator, to till the unexpired 



