General Sickles issued an order, April 18, establishing a Provost Court in the military post of Aiken, S. C., in consequence of “it having become apparent that justice to freedmen cannot be obtained in the civil courts within that post.” The court was given jurisdiction of any case to which a person of color was a party, except murder, arson, and rape. On the 23d of April, he issued an order prohibiting the sale or gift of liquors to United States soldiers, sailors, or marines, and giving post commanders supervision over all sheriffs and police within their commands, and directing them, “whenever necessary for the preservation of order, and the efficient discharge of their duties, to assume command of the police force.” It having been alleged that the supply of food had been greatly diminished by distillation; that distillers defrauded the revenue, and maltreated the collectors when endeavoring to collect the tax; and that the practice of distillation tended to increase poverty, disorder, and crime, he issued an order May 30, prohibiting the distillation of grain.
The strictures of the Attorney-General were received in Charleston June 19, and the same day General Sickles forwarded a request to Washington to be relieved from duty, and demanded a court of inquiry on his official actions. He was subsequently relieved, but the court of inquiry was not granted.
Third District.—Early in April, movements were instituted in Washington to enjoin the enforcement of the Reconstruction Act, in the name of the State of Georgia. (A similar movement was made on the part of Mississippi). On the 10th of April, Governor Jenkins, of Georgia, issued an address to the people of the State, dated at Washington, advising them to take no action under the Reconstruction law until its constitutionality could be tested. On the 24th, General Pope addressed him a note, reminding him that it was his duty, under the law, to place no impediment in the way of reconstruction, and that if he did, he was liable to removal. General Pope likewise addressed General Grant on the subject. His letter contained the following paragraph:—
“The ill effects of permitting the whole power of the provisional State government, through all its civil departments and in all its ramifications, to be used to frustrate the acts of Congress, and to keep up the disturbed condition of the public mind, cannot be overstated. No reconstruction is possible, and it will be next to impossible to secure faithful administration of the laws, while such influences are allowed to go on unchecked, unless the entire civil government is overthrown and the military substituted. I deem it of the last importance to arrest it now, in the person of Provisional Governor Jenkins. If he is permitted to set authority at defiance, it will be useless to notice such offenses committed by the minor officers.”
General Grant forwarded the letter to the War Department, indorsed as follows:—
“Respectfully forwarded to the Secretary of War for his information. The telegraphic despatch herein inclosed shows that Governor Jenkins, of Georgia, has given such pledges to the commander of the Third District as to induce him to withhold, for the present, his order suspending the Governor.
“The conduct of Governor Jenkins demonstrates, however, how possible it is for discontented civil officers of the reconstructed States to defeat the laws of Congress, if the power does not exist with the district commanders to suspend their functions for cause in some way. It seems clear to me that the power is given in the bill ‘for the more efficient Government of the Rebel States,’ to use or not, at the pleasure of district commanders, the provisional machinery set up without the authority of Congress, in the States to which the Reconstruction Act applies. There being doubt, however, on this point, I would respectfully ask an early opinion on the subject.
“If the power of removal does not exist with district commanders, then it will become necessary for them to take refuge under that section of the Bill which authorizes military commissions.
“U. S. GRANT, General.
“Head-quarters, Armies United States, April 22, 1867.”