Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-01
correspondence BetvVeea General
Pope and Governor Jenkins.
HEADoUARTKRs 3D MILITARY. DisTRIcr.l

Correspondence BetWee0 General
Pope and Governor Jenkins.
HEADouARrERs 3D MILITARY DisTRIcr,l
GEoRGIAs ALABAMA AND FLORIDA.
#3 - ATLANTA, April IL. )
SIR:-I have the honor to transmit in
ing command of this military district
Copies were sent to you at the time, ad-
dressed to Milledgeville.
Paragraph III. of that order reads as fol-
lows, Fiz:os vE 81 YNLFIrE
Ill It's to- be clearly understood, how
ever, that the civil officers thus retained in
office shall contine themselves strictly to
the performanceofstheir official duties, and
whilst holding their offices they shall not
use any influence whatever to deter or dis
suade the people from taking an active paIt
i'm reconstructing their State government
under the act Of Congress to provide for
the more efficient government Of the rebel
States, and the act supplementary thereto.
have the honor to request that you will
inform me, at as early day as possible.
whether, when you issued your address to
the people of Georgia, dated Washington,
D. c., April 10, 1867, you had seen or had
knowledge of the inclosed order
i am, very respectfully, your obedient
servant,
... JOHN PoPE,
Brevet Major General Commanding.
"A duplicate of this letter has been ad-
dressed to you at Washington city.]
Provisional Governor CHARLES j. JENKINS,
Milledgeville, Ga.
NATIONAL HOTEL, ATLANTA, GA,
April 20.
Breuet Major General John Pope Command
ing, dc. ,eleeda aai7ga
SIR: On yesterday evening copy of a
communication from you, addressed to me
| from MilledgevilIe on the 18th inst, was
handed to me in this hotel. With that
communication was transmitted a copy of
Jour General Order No. /, issued from
Montgomery, Ala, and my attention being
called to- paragraph Iii of that order, you
inquire whether, when Issued my address
to the people of Georgia, dated Washing
ton, D. c., April 10, 1867, had seen or had
knowledge of your order above mentioned.
L answer that at that time 1 had neither
seen or had knowledge ofit.
l supposed 1 was exercising such free
dom in the public expression of opinion
relative to public matters, as seems still tC
be accorded to the citizens of this Repub-
lie, not imagining that it was abridged by
the accident of the speaker or writer hold
ing Office. .soooifss) bqgsr1sdeBi3
So much for the past, General, and will
only add, that in the future / will do and
say what may believe is required of me
by the duty to which my oath of office
binds, me, and this, / trust, will not involve
either conflict or controversy between US in
the execution of our respective trusts, as
think it need not; everything of this char
acter certainly desire to avoid.
l am, sir, very respectfully, your obedi-
ent servant, = e CHARLES 6sJENKINs, 9ss'E'
2zz5.f.z 8sazs Governor of Georgia.
HEADQUARTERS 3D MILITARY D1sTRIcr,)
GEORGIA, ALABAMA, AND FLORIDA), ;
c5-FT~g,5f ATLANTA, Ga, April p, 1867.
GOVERNOR: have the honor to acknowl-
edge the receipt of your letter of the 10Th
inst, in answer to mine of the 17th..
1t gives me pleasure to say that your ex-
planation is satisfactory, so far as the past
is concerned, and / cordially concur with
you in the hope that our relations in the fu-
ture may be harmonious and agreeable.
I would content myself with this answer
to your letter but for the following remark
which ig contains. You say: 81 supposed
was using such freedom in the public ex-
preston of opinion relatiyelt to public mat
tiers as seems still to be accorded to the cit
izens of this Republic, not Imagining that
it was abridged by the accident of the
speaker or writer holding office. This ex-
preston seems to indicate that you think
that in some manner, either personally or
officially, you have been wronged by that
paragraph of my order which has occa-
stoned this correspondence, and that am
seeking to abridge the liberty of speech in
this State in an unnecessary and oppressive
manner. / trust that may be able to dis
abuse your mind of this idea. 1t is scarcely
necessary toIteAI You that the late acts of
Congress, which am sent here to execute,
recognize the existing State Government
of Georgia as merely provisional, and that
the object of reorganizing it at all was on
ly that the ordinary course of business in
the civil tribunals, and the administration
of the laws of the State by the customary
agencies, might not be Interrupted further
than was necessary for the strict execution
Of fha Ia vUa Of thp TTnitnd States + n nnt
doubted that aCongress might have legis-
lated the present State Government of
Georgia out of existence as easily as they
have recognized it las provisional, and it is
as little to be doubted that Congress would
have done so could thave foreseen that the
entire machinery OF the provisional State
Government would be used to defeat the
execution Of the very law by whose suffer-
ance alone it has any existance at all. 1t |
is very clear that Congress did not intend |
to recognize or permit to exist, by these re-
acts. powerful organization /
to be used against their execution, nor can
such use be made of the State Government
of Georgia without greatly obstructing, If |
not, indeed, entirely frustrating the |
performance of the duty required of I
me by these acts. The existing State |
was permitted to stand for the I
convenience of the people OF Georgia, in |
the ordinary administration of the local
anu CIVIL laws anu. W .IlldG Id SIOulu D0
confined. 1t was in this view that |
paragraph three of my order assuming
was considered, and it is not easy |
to see howl can be regarded as oppressive
or unjust. Holding your Office by permis-
sion Of the United States Government, you
are debarre I, as l am, from expressing
opinions or using influences to defeat the
execution of the laws of the United States,
or to excite ill feeling and opposition to
the General Government, which is execut-
ing these acts of Congress. With your per-
s 1nal opinions or those of any citizen of
Georgia, or their expression within the
limits of the law, / have nothing to do; /;
but the distinction between personal Opin- |
ion openly expressed in an official capacity |
and official opinion is too nice for the COM
mon understanding. The influence of your
opinions, openly aYowed, must of necessity
be very great with the civil officers of the |
State in all its departments, when the ten
ure of office is largely dependent upon |
your pleasure. Your opinions as private
citizen, without official station, and the
same opinions whilst Governor of Georgia,
have very different significance, and pro- |
duce very different effect. / only require
that the civil machinery of the State of
Georgia be not perverted so as to Illustrate
the execution OF the laws of the United
States; and for thatrea | exact from the |
civil officers that whilst they retain their
offices they contine themselves strictly to
t lie performance of their official duties, and |
do not use their influence to prevent the
people Of the State from submitting to and
carrying out the laws of the United States
In your address to the people of Georgia,
which occasioned this correspondence, you
denounce the acts of Congress which l am
sent here to execute as "palpably unconsti-
tutionaI' and .Sgrievously oppressive and
advise the people whatever may be the de-
cision OF the Supreme Court OF the United
States, to take no, action under those laws
Whilst you counsel them not to resist by
violence, you at the same time, by open