Jackson, Miss., August 21, 1865.
Sir: A notice appears in yesterday's paper, over the signature of Lamar Fontaine, calling on the young men of Hinds and Madison counties to meet at Cooper Wells and at Livingstone, respectively, on the 22d and 24th instant, for the purpose of organizing companies and electing officers.
The notice creates the impression that some kind of military organization is intended, and in that event I would beg leave to call your attention to the fact that the State of Mississippi is under occupation, and that martial law is still in force, and that no military organizations can be tolerated which are not under the control of the United States officers. I am, therefore, in duty bound and compelled to prevent and prohibit all military organization not recognized as a portion of the United States forces, unless they are formed under special authority of the War Department, or the major general commanding the department of Mississippi.
I can assure your excellency that the number of troops in the counties of Hinds and Madison is amply sufficient to give the civil authorities all the assistance they may possibly need, and the means at my disposal are amply sufficient to stop all crime, provided the civil authorities will co-operate sincerely with the military commanders, and furnish information promptly and voluntarily, as the public peace and safety require them to do.
I respectfully request that you will communicate the tenor of this communication to Mr. Fontaine.
- Believe me, with great esteem, your excellency's obedient servant,
Major General Volunteers.
His Excellency Hon. W. L. Sharkey,
Provisional Governor of Mississippi.
| Official copy: | W. A. GORDON, A. A. G. |
General: I have the honor to acknowledge the receipt of your communication of yesterday, in which you call my attention to the fact that the State of Mississippi is still under military occupation, and that martial law is still in force, and that no military organizations can be tolerated which are not under the control of United States officers; and you add that you will feel bound to prevent such organizations, and you also assure me that you have sufficient troops in the counties of Hinds and Madison to aid the civil authorities. This last remark was made by you with reference to a particular organization which has been proposed in those counties. I have, however, issued a general order on this subject, a copy of which I hand you, regretting that you have felt yourself compelled to take this view of the subject, and I know you are prompted by a sense of duty. I beg to remind you that for twelve or fifteen consecutive nights passengers travelling in the stage between here and Vicksburg have been robbed, and these things have occurred within twelve or fifteen miles of your own headquarters. I would not be understood as reflecting in the slightest degree on you. I know you have every desire to prevent such occurrences, and will use every means in your power to do so, and to arrest the culprits. I know, too, that the people are reluctant to give you aid by imparting information to you, but, in addition to these robberies, information daily reaches me of the perpetration of outrages, committed in various ways in distant parts of the—State where you have no military force. The people are calling on me for protection, which I cannot give them under existing circumstances, and it was to give them relief that the military organizations have been ordered. If further justification be necessary, I may add in the last interview I had with the President, in speaking of anticipated troubles, he distinctly stated to me that I could organize the militia if it should become necessary. I think the necessity is now manifest, and therefore claim the authority of the President of the United States for my action. It was precisely under this authority that in my proclamation of the 1st of July I called upon the people in unprotected counties to organize for their security. I will also state that the President has been apprised of what I am doing in this respect, and when he shall change his instructions I will, of course, yield obedience; but until he shall do so, I shall feel it to be my duty to carry out the line of policy I have adopted. I need scarcely assure you, general, that this is not in any sense a hostile demonstration, and feel quite sure no evil can result from it. Mississippi has spoken too plainly in her convention to leave any doubt about her future purposes.
- Believe me, with great respect, your most obedient servant,
Provisional Governor of Mississippi.
Major General P. Jos. Osterhaus.
| Official copy: | W. A. GORDON, A. A. G. |
