第404章 VOLUME VI(35)
The insurrection which has for some time prevailed in several of the States of this Union, including Louisiana, having temporarily subverted and swept away the civil institutions of that State, including the judiciary and the judicial authorities of the Union, so that it has become necessary to hold the State in military Occupation, and it being indispensably necessary that there shall be some judicial tribunal existing there capable of administering justice, I have therefore thought it proper to appoint, and I do hereby constitute, a provisional court, which shall be a court of record, for the State of Louisiana; and I do hereby appoint Charles A Peabody, of New York, to be a provisional judge to hold said court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly all such powers and jurisdiction as belong to the district and circuit courts of the United States, conforming his proceedings so far as possible to the course of proceedings and practice which has been customary in the courts of the United States and Louisiana, his judgment to be final and conclusive. And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and empower the said judge to appoint a prosecuting attorney, marshal, and clerk of the said court, who shall perform the functions of attorney, marshal, and clerk according to such proceedings and practice as before mentioned and such rules and regulations as may be made and established by said judge. These appointments are to continue during the pleasure of the President, not extending beyond the military occupation of the city of New Orleans or the restoration of the civil authority in that city and in the State of Louisiana. These officers shall be paid, out of the contingent fund of the War Department, compensation as follows:
The judge at the rate of $3500 per annum; the prosecuting attorney, including the fees, at the rate of $3000 per annum; the marshal, including the fees, at the rate of $3000 per annum; and the clerk, including the fees, at the rate of $2500 per annum; such compensations to be certified by the Secretary of War. A copy of this order, certified by the Secretary of War and delivered to such judge, shall be deemed and held to be a sufficient commission.
ABRAHAM LINCOLN, President of the United States.
TO GENERAL U.S. GRANT.
EXECUTIVE MANSION, WASHINGTON, October 21, 1862.
MAJOR-GENERAL U. S. GRANT:
The bearer of this, Thomas R. Smith, a citizen of Tennessee, goes to that State seeking to have such of the people thereof as desire to avoid the unsatisfactory prospect before them, and to have peace again upon the old terms, under the Constitution of the United States, to manifest such desire by elections of members to the Congress of the United States particularly, and perhaps a Legislature, State officers, and a United States senator friendly to their object.
I shall be glad for you and each of you to aid him, and all others acting for this object, as much as possible. In all available ways give the people a show to express their wishes at these elections.
Follow law, and forms of law, as far as convenient, but at all events get the expression of the largest number of the people possible. All see how such action will connect with and affect the proclamation of September 22. Of course the men elected should be gentlemen of character, willing to swear support to the Constitution as of old, and known to be above reasonable suspicion of duplicity.
Yours very respectfully, A. LINCOLN.
TELEGRAM TO GENERAL JAMESON.
EXECUTIVE MANSION, WASHINGTON, October 21, 1862.
GENERAL JAMESON, Upper Stillwater, Me.:
How is your health now? Do you or not wish Lieut. R. P. Crawford to be restored to his office?
A. LINCOLN.
GENERAL McCLELLANS TIRED HORSES
TELEGRAM TO GENERAL G. B. McCLELLAN.
WAR DEPARTMENT, WASHINGTON CITY, October 24 [25?], 1862.
MAJOR-GENERAL McCLELLAN:
I have just read your despatch about sore-tongued and fatigued horses. Will you pardon me for asking what the horses of your army have done since the battle of Antietam that fatigues anything?
A. LINCOLN.
TELEGRAM TO GENERAL G. B. McCLELLAN.
EXECUTIVE MANSION WASHINGTON, October 26, 1862. 11.30am MAJOR-GENERAL McCLELLAN:
Yours, in reply to mine about horses, received. Of course you know the facts better than I; still two considerations remain: Stuart's cavalry outmarched ours, having certainly done more marked service on the Peninsula and everywhere since. Secondly, will not a movement of our army be a relief to the cavalry, compelling the enemy to concentrate instead of foraging in squads everywhere? But I am so rejoiced to learn from your despatch to General Halleck that you begin crossing the river this morning.
A. LINCOLN.
TO GENERAL DIX.
(Private and confidential.)
EXECUTIVE MANSION, WASHINGTON
October 26, 1862.
MAJOR-GENERAL Dix, Fort Monroe, Virginia:
Your despatch to Mr. Stanton, of which the enclosed is a copy, has been handed me by him. It would be dangerous for me now to begin construing and making specific applications of the proclamation.
It is obvious to all that I therein intended to give time and opportunity. Also, it is seen I left myself at liberty to exempt parts of States. Without saying more, I shall be very glad if any Congressional district will, in good faith, do as your despatch contemplates.
Could you give me the facts which prompted you to telegraph?
Yours very truly, A. LINCOLN.
TELEGRAM TO GENERAL G. B. McCLELLAN.
EXECUTIVE MANSION, WASHINGTON, October 27, 1862, 12.10
MAJOR-GENERAL McCLELLAN: