panied them, and who were to address them, either to go armed for defenc or violence, but that on the contrary the enclosed affidavits show that Messrs. Pierce, Murphy and Putney all advised and impressed upon them that they should be peaceable and law-abiding in all their acts, as they were meeting at this place, Camilla, in the exercise of their rights as citizens of the United States. That the citizens of the town of Albany were in any way implicated or connected with the occurrence at Camilla on the 19th instant, is in no way proven. It is explained in the affidavit of the Sheriff of Mitchell county that notice of some colored people having left Albany on the evening of the 18th instant for Camilla, was received by him through a person living in the adjoining town of Newton. This is in no way denied, as by reference to the affidavit of Peter Hines, the leader of the band, it will be seen that the musicians with other freedmen, left Albany on the evening of the 18th inst. I herewith transmit the proceedings of the citizens of Albany, Georgia, held on the 21st inst., and would state that information was freely tendered me by all parties. I was accompanied by Brevet Major O. H. Howard, sub-Assistant Commissioner Bureau Refugees, Freedmen and Abandoned Lands, from Albany, Georgia, to Camilla, Georgia, and from what I could learn, the colored people and whites were peaceably disposed towards each other. In my investigation of this matter I was materially assisted by Major Howard, and upon my arrival at Camilla, the citizens of that place appeared desirous that the occurrence on the 19th instant should be inves tigated. Up to the date of my visit there, no action had been taken in this matter by the civil authorities of the county, nor had any inquest been held over the bodies of those killed. Very respectfully, your obedient servant, A true copy: (Signed) WM. MILLS, Captain 16th Infantry, R. C. DRUM, Assistant Adjutant General. Reporting Condition of Affairs in North and South Carolina. HEADQUARTERS DEPARTMENT OF THE SOUTH, ATLANTA, GEORGIA, October 17, 1868. Brevet Major General John A. Rawlins, Chief of Staff, Headquarters of the Army, Washington, D. C.: GENERAL:-I transmit herewith several communications from the Governor of South Carolina, and one from the Governor of North Carolina in relation to the use of troops, in sustaining the civil gov ernments in these States. Similar communications, both verbal and written, have been presented by the Governor's of Georgia, Alabama and Florida. The sum and substance of all these communications are, that the present state governments in these states, are powerless, and without the support of the military forces of the United States, are unable to exercise their functions or execute the laws. The endorsements on the enclosed communications, as well as my correspondence with Major General Miles, commanding in North Carolina, (1&2) forwarded in my letter to the Adjutant General of the Army, of date the 9th instant, will fully explain my position on these questions. In brief I have informed the several Governors, that I can find nothing in existing laws or the instructions sent for my guidance, which will justify my answering their call, which really means, that I should assume the government of the several states, employing the civil officers backed by military power; that my sole and exclusive duty is to preserve the peace, and that only, after it is evident the civil power is unable so to do, and calls on me in the manner prescribed by existing laws; that whenever the civil authorities, in their attempts to execute the laws, meet with resistance greater than they can overcome, and appeal through the proper channels to me, I will see they are sustained. Recently, I have visited Columbia, S. C., and had a very full interview with Governor Scott of that State. From the representations of Governor Scott, I became satisfied there is practically, no government in South Carolina, that what with those officers who from want of sympathy with the State government and its origin, refuse to act, and those who though in full sympathy with the party in power are afraid to act, there is in reality, no government at all. I informed Governor Scott, as I had informed others, that I did not see any remedy for the evil, short of congressional action, that until some of his officers had the courage to attempt to do their duty and met with resistance, it was not in my power to take action. Before seeing the Governor, I had previously ordered a distribution of the troops in ⚫the state, with a view of preserving the peace on the day of the Presidential election, and I furnished him with a copy of my General Order No. 27, which would shew him all I felt authorized to do. As to the introduction of arms, of which so much complaint is made, I referred him to my endorsement to Bvt. Brigadier General Bomford. (3) Whilst in Columbia, I had interviews with several prominent men of the Democratic party, who acknowledged the whites in the state` were arming, but disavowed any intention of resisting either the State or General Government; but said the arms were to defend their homes and families, in case of a negro insurrection which they deemed imminent from the incendiary appeals made to the negroes by political and partisan agents. It was impossible to form any correct judgment from the very opposite statements made by each party. It was evident there was a high state of political animosity and an averred fear on each side that the other was about to initiate a resort to force, but I have reason to believe my General Order No. 27, together with the distribution of troops, and the expressed determination on my part to intervene to the peace, may have the effect of quieting some of the appre pres of both parties. 86 The object of this communication is to report the existing condition of affairs, my action on the appeals made to me and my views of the situation, to ask for the approval or disapproval of superior authority, and to state that if there is any serious determination, to resist, or overthrow the present state governments, or if I am expected to give them the aid and support, without which they seem to be unable to stand, that my present force is entirely inadequate to the duties I will be called on to discharge. 1 do not myself believe there will be any open resistance to the State Government, and most certainly none to the General Government; but I have no doubt that every effort will be and is being made, within what is considered the strict letter of the law, to paralyse and render impotent the several State Governments, and that in states like South Carolina, where the intelligent and active population, the whites, are almost unanimous against the government, it will be impracticable to maintain the same without military aid from the general government. Should the General-in-Chief not have returned to Washington on receipt of this letter, I beg the same may be laid before the Honorable Secretary of War. Very respectfully, your obedient servant, A true copy: R. C. DRUM, Assistant Adjutant General. [1] HEADQUARTERS DEPARTMENT OF THE SOUTH, ATLANTA, GEORGIA, September 29, 1868. Brevet Major General N. A. Miles, Commanding District of North Carolina, Raleigh, N. C.; GENERAL-I have the honor to acknowledge the receipt of your letter of the 25th instant, enclosing the affidavit of a citizen, affirming there are a large number of arms secreted at a political club-room,· at Wilmington, N. C., and requesting authority to seize them. The Commanding General sees nothing in your letter to change his decision sent you by telegraph on the 26th instant, a copy of which is herewith enclosed. There is no evidence to show these arms are to be used for improper purposes, nor is there any that the civil authorities, now charged with the preservation of order, have made any effort to ascertain whether these arms are being collected for improper purposes, or if so, to seize them; nor is their evidence of any failure on the part of the civil government to accomplish this, or any call on the military for aid in consequence of such failure. The General thinks you do not properly conceive the position now occupied by the military power, and invites your attention to the circular letter of August 25th last, and the copies of papers furnished you on the 15th instant, containing the instructions of the War Department and the opinion of the Attorney General of the United States, on the exercise of civil and military power. The General does not see the application of section six (6) of the Act of March 2, 1867, to the case in point, as the act refers to organized militia. In his opinion, the proper course to pursue is, if the storing of these arms is judged to be a violation of any United States A true copy: [2] HEADQUARTERS, DEPARTMENT OF THE SOUTH, Major General N. A. Miles, U. S. A., Raleigh, N. C.: The commanding General directs that you report the fact stated in your telegram, of this date, to the proper civil authorities, and see what action they take in the matter. A true copy: (Signed) R. C. DRUM, Assistant Adjutant General. R. C. DRUM, Assistant Adjutant General. [3] Endorsement on a communication representing that armed organizations exist in the State of South Carolina, forwarded, endorsed. by Brevet Brigadier General J. V. Bomford, commanding District of South Carolina. "Respectfully returned to Brevet Brigadier General J. V. Bomford, U. S. A., commanding District of South Carolina. As presented, this case is not one that the Commanding General can take action on. There is no evidence showing that the arms are held by the parties referred to for unlawful purposes, nor that the civil authorities have taken any action to ascertain and determine this fact; and, if held for improper purposes, to seize them, or any evidence that the attempted seizure has failed. The Governor should be clearly informed of the position now occupied by the military power, which is set forth in the Circular Letter of August 25th last, and the instructions of the War Department, and the opinion of the Attorney General on the power of the civil and the military, furnished on the fifteenth of September. In the General's opinion the proper course to pursue, is, that if the alleged organization is judged to be a violation of the National law, the evidence in the case should be sent to the United States District Attorney. who should take the necessary legal steps to disarm them. If it is adjudged as violating the State, or municipal law, then the proper prosecuting officer should take action. Whenever such action is taken, and the proper officer is resisted, and reports his inability to carry out either the United States or State law, then, and not till then, will the Commanding General feel justified in interfering. By Order of Major General MEADE: A true copy: Assistant Adjutant General. R. C. DRUM, Assistant Adjutant General |