Citizens say that their legislature may, and probably will, make laws receiving the testimony of negroes in all cases, as a means of inducing the government to re-admit them to a full exercise of their State jurisdiction and representation, but that no southern jury can ever be found that, when it comes to a case where twenty negroes testify one way, and two white men testify the other, will not decide in favor of the white, and virtually throw out the negro testimony. Of course this matter of testimony will settle itself with time, and a negro's word obtain the same credit from his individual character as among whites, for the whites, having cases that they are dependent upon negro testimony for, will in the course of time be brought by their own interests to take and demand the full benefit of the law; but for some time, although legally admitted, it will in fact be excluded.

The report of Captain Warren Peck, a copy of which I have the honor to enclose, gives a very fair view of what the result would be, were the officers of this bureau removed.

When I took charge here I found a perfect state of terror among whites and blacks; but now that officers are thickly distributed over the district, complaints are few, and the laborers are well, and, so far as possible, comfortably fixed for this year. Out of a negro population of over 75,000, only 649 receive rations from the government as dest.i.tutes.

I feel no hesitation in saying that it is imperatively necessary to give the system of free labor a fair trial, and to secure to the freedmen all the benefits contemplated by the emanc.i.p.ation proclamation; that officers or agents should be retained whose duty it is to look after the interests of this large cla.s.s of people, and see that they are gradually accustomed to manage their own business and protect their own interests.

I have the honor to be, general, very respectfully, your obedient servant,

GEORGE D. REYNOLDS, _Major 6th United States Colored Heavy Artillery, and Acting a.s.sistant Comm. Bureau of Freedmen, &c., Southern Dist. of Mississippi_.

Major General CARL SCHURZ.

No. 42.

HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,

_Jackson, Miss., August_ 21, 1865.

Captain: I have the honor to enclose copies of a notice to form companies in this and a neighboring county, and of my letter to Governor Sharkey in reference to this matter. In a discussion which I had with the governor he told me that it was his intention to raise a company of militia in every county of the State, in accordance with the militia law of Mississippi, mainly for the purpose of suppressing any acts of violence which the negroes may attempt to commit during next winter. I called the attention of the governor to the fact that the docket, until this day, exhibits only the name of white criminals, and that all information proves that almost all the cases of robbery, murder, &c., were brought in connexion with young men in the country lately returned from military service--just the very same men who, in all probability, would join the intended meetings to form companies of militia.

The result of the organization of such companies, while the State is occupied by United States troops, mostly colored, cannot be doubted--the heterogeneous element must clash and bring about a state of affairs which certainly would prove detrimental to the peace and best interests of the State.

Governor Sharkey tells me that he has applied to President Johnson for authority to raise the militia, and that he would inform me of any decision he may receive from Washington; in the mean time I consider it my duty to take action as communicated in my letter, and respectfully request the approval of the major general commanding department. Very respectfully, your obedient servant,

P. JOS. OSTERHAUS, _Major General Volunteers_.

Captain J. WARREN MILLER, _A.A. General, Department of Mississippi_.

Official copy:

W.A. GORDON, _A.A. General_.

EXECUTIVE OFFICE, _Jackson, Miss., August_ 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 military authorities of the United States being insufficient to protect the people throughout the entire State, I do therefore call upon the people, and especially on such as are liable to perform military duty, and are familiar with military discipline, to organize 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 these duties. These companies will be organized under the law in relation to volunteer companies as contained in the Revised Code, and the amendment thereto, pa.s.sed on the 10th of February, 1860, except that as soon as the proper number shall volunteer, the election for 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 pleasure, 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 State affixed.

W.L. SHARKEY, _Provisional Governor of Mississippi_.

By the Governor:

JOHN H. ECHOLS, _Secretary of State_.

HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,

_Jackson, Miss., August_ 22, 1865.

Captain: I have the honor to enclose copy of a letter received from Governor Sharkey in reply to my communication of yesterday, copy of which was sent you by last courier. The governor's proclamation, raising troops in the whole State, changes the status of things, as it no longer belongs to the limits of my district, but to the department; and, consequently, I desist from all further action in the matter until your instructions have come to hand.

In regard to the robberies, I will state that not a single _regular_ stage, between Big Black and Jackson, has been earnestly interfered with; they were permitted to run, without molestation, while the "robbers"

operated against a Ma.s.sachusetts schoolmaster, some darkies, and the government messengers; not a house was entered in the vicinity of the field of operations, not an inhabitant robbed. All "home inst.i.tutions"

are apparently safe. The inference is natural that these highway men are guerillas in the true sense of the word, and are waging a war against the "invaders." The governor admits, very candidly, that he knows that the people are reluctant to give aid to me by imparting information. Several persons who were halted by the "robbers," but released with the excuse that they were stopped by mistake, refused flatly to give any name, of the party they were stopped by, but declared to know them.

You know, captain, that certain parties have importuned the governor, from the beginning, to raise the militia; and, as there was no cause for such a measure before, it probably was thought expedient to get up some cause for the desired purpose. Now we have the "robberies"--they are very one-sided and extraordinary--but they furnished the cause so badly wanted. The governor is confident that a few squads of young men, armed with fowling-pieces and the omnipresent revolvers, can suppress all irregularities, which the utmost vigilance and constant exertion of a large number of United States troops failed to suppress!

I must state yet that the parties arrested under suspicion of partic.i.p.ating in the described robberies are young men lately connected with the rebel army. There is no doubt on my mind that the young men "who steal the despatches from our messengers" will become good members of the intended militia.

With great respect, your obedient servant,

P. JOS. OSTERHAUS, _Major General Volunteers_.

Captain J. WARREN MILLER, _A.A. General, Department of Mississippi_.

Official copy:

W.A. GORDON, _A.A. General_.

HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,

_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 a.s.sure your excellency that the number of troops in the counties of Hinds and Madison is amply sufficient to give the civil authorities all the a.s.sistance 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,

P. JOS. O'STERHAUS, _Major General Volunteers_.

His Excellency Hon. W.L. SHARKEY, _Provisional Governor of Mississippi_.

Official copy: