and swept away the civil institutions of that State, including the judiciary and the judicial authorities of the Union, so that it has become necessary to hold the State in military occupation, and it being indispensably necessary that there shall be some judicial tribunal existing there capable of administering justice, I have therefore thought it proper to appoint, and I do hereby constitute, a provisional court, which shall be a court of record, for the State of Louisiana, and I do hereby appoint Charles A. Peabody, of New York, to be a provisional judge to hold said court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly all such powers and jurisdiction as belong to the district and circuit courts of the United States, conforming his proceedings so far as possible to the course of proceedings and practice which has been customary in the courts of the United States and Louisiana, his judgment to be final and conclusive. And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and empower the said judge to appoint a prosecuting attorney, marshal, and clerk of the said court, who shall perform the functions of attorney, marshal, and clerk according to such proceedings and practice as before-mentioned and such rules and regulations as may be made and established by said judge. These appointments are to continue during the pleasure of the President, not extending beyond the military occupation of the city of New Orleans or the restoration of the civil authority in that city and in the State of Louisiana. These officers shall be paid out of the contingent fund of the War Department compensation as follows: The judge, at the rate of $3,500 per annum; the prosecuting attorney, including the fees, at the rate of $3,000 per annum; the marshal, including the fees, at the rate of $3,000 per annum, and the clerk, including the fees, at the rate of $2,500 per annum; such compensations to be certified by the Secretary of War. A copy of this order, certified by the Secretary of War and delivered to such judge, shall be deemed and held to be a sufficient commission.
President of the United States.
HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, October 22, 1862.
Hon. SALMON P. CHASE,
Secretary of the Treasury:
SIR: I have taken the liberty to address you directly upon this matter, which seems to be more appropriate to the Treasury than to the War Department. As you are aware, from the time that I came here I have endeavored in every possible way to open trade in cotton through the rebel lines. I have supposed that this was consonant with the wish of the Government.
Owing to the peculiar action of the Confederate authorities I have not been able as yet much to succeed. The difficulty has been, as I believe, not so much with the Confederate authorities as in the peculiar relation they find themselves with their people. They instructed and advised their people to burn their cotton, and those who did do so will not now permit their more prudent neighbors to ship that which had not been destroyed at an enormous profit. These difficulties are gradually being smoothed over. I think now that the trade can be opened, but am in doubt as to the interpretation of your Treasury circular.
As early as the 29th of July I forwarded a communication to the