War of the Rebellion: Serial 102 Page 0944 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter LX.

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Fort Sumner, N. Mex., June 19, 1865.

Captain B. C. CUTLER,

Asst. Adjt. General, Dept. of New Mexico, Santa Fe, N. Mex.:

CAPTAIN: Since my report of the 15th instant relative to the Navajoes, Captain Bristol, who is acting as superintendent of the above tribe, informs me that he learns from various sources that all the Indians who went away on the night of the 14th instant have returned except about twelve, including Ganado Blanco and Barboncito. These latter declared they would die rather then return. It appears the whole party came near perishing for water, which caused them to return. Neither Fritz nor Gorham has returned. Heard from the latter two days ago, and from Fritz yesterday. He was near the Captain Mountains on the 17th, and Gorham was northwest of Puerto de Luna on the 16th.

Very respectfully, Your obedient servant,


Major, First California Cavalry, Commanding.

WASHINGTON, June 20, 1865-3. 30 p. m.

Major-General CANBY,

New Orleans, La.:

Do our forces now occupy Galveston, Tex.? If they do not, reported the moment You know it to be so occupied?




New Orleans, June 20, 1865.


Washington, D. C.:

SIR: I have the honor to transmit for Your consideration a copy of the correspondence between the Governor of Louisiana and myself,* touching the relations between the State and the military authorities in this department. 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 The same principle gives validity to such of the State laws as are not in conflict with this constitution, or repealed by Congressional legislation, or abrogated by the President's proclamation or orders issued during the rebellion.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 case 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


*See Canby to Governor of Louisiana, June 19, p. 931.