The instructions upon this subject are, and probably designedly, indefinite. They indicate, however, the acceptance by the President of the constitution of the State, adopted in September, 1864, as the means of re-establishing civil government in the State and the recognition of the governor as his agent in accomplishing this work. The same principle gives validity to such of the State laws as are not in conflict with this constitution, or repealed by congressional legislation, or abrogated by the President's proclamation or orders issued during the rebellion.
This leaves many questions undetermined, except so far as they are settled by the law of nations and the laws of war, so far as my authority extends. I will turn over all such questions to the State government; and in cases that do not come within the legitimate authority of a military commander, will report them for such action as his excellency the President, or the War Department, may think proper to adopt.
I have had a very free conference with the governor upon this subject, and I believe that he concurs with me that the course I have indicated in the correspondence with him is not only the legal but the only course that will avoid the appeals to the local courts by interested or designing men, which are now dividing those who profess to be working for the same object—the re-establishment of civil authority throughout the State.
Then, in addition, many questions, in which the interests of the government are directly involved, or in which the relations of the general government to the States, as affected by the rebellion, are left unsettled by any adequate legislation. I do not think it will be wise to commit any of these questions, either directly or indirectly, to the jurisdiction of the State or other local courts, and will not so commit them unless instructed to do so.
It is very possible that in the varied and complicated questions that will come up there may be differences of opinion between the governor and myself, but there shall be no discord of action, and I will give to his efforts the fullest support in my power.
I have the honor to be, very respectfully, sir,
E.R.S. CANBY, Major General Commanding.
The SECRETARY OF WAR, Washington, D.C.
Official copy:
R. DES ANGES, Major, A.A.G.