Letter from Major A. A. Hosner to Mississippi Governor William L. Sharkey; July 25, 1865

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Letter from Major A. A. Hosner to Mississippi Governor William L. Sharkey; July 25, 1865

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People

Dunn, W. McKee (William McKee), 1814-1887 Gordon, W. A.Hosner, A. A.Johnson, Andrew, 1808-1875 Osterhaus, Peter, 1823-1917 Sharkey, William Lewis, 1798-1873 Stanton, Edwin M. (Edwin McMasters), 1814-1869

Events

Crime Crime--Assault and battery Criminal Procedure--Trial Criminal Procedure--Writ of Habeas Corpus Military Events--Capitulations Military Events--Military occupation

Military Units

Under Review Under Review--Military Districts United States. Army United States. Army. Colored Troops

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Courts-martial and courts of inquiry Military Headquarters United States--War Department United States--War Department. Bureau of Military Justice (1864-1884)United States. Adjutant-General's Office

Occupations

Commissioners Judge advocates

Places

Mississippi--Hinds County. Jackson

Social Identifiers

African Americans African Americans--Historically free and newly freed

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[seal]

Copy, of endorsement on communication addressed by Major General P. Jos. Osterhaus to the assistant Judge Advocate General regarding jurisdiction of Military Courts in certain cases, and referred by Colonel W. M. Dunn to the Judge Advocates General of the Army

War Department
Bureau of Military Justice
July 25^th,, 1865.

Respectfully returned to Colonel W. M. Dunn, Assistant Judge Advocate General.

The trials by Military Commissioner of the within named citizens of Mississippi, charged with capital and other gross assaults upon colored soldiers of our army, (and in one instance of similiar treatment of a colored female,) should be at once proceeded with; and, all like cases of crime in that locality should be promptly and vigorously prosecuted.

That the President has accorded a provisional government to the state of Mississippi is a fact which should not be allowed to abridge or injuriously affect the jurisdiction heretofore properly assumed by military Courts in that region during ^the^ war. And especially is the continued exercise of that

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jurisdiction called for in cases, 1^st,, of wrong/ or injury d done by citizens to soldiers, (whether white or black;)—and 2^nd,, of assault or abuse of colored citizen generally where indeed the local tribunals are either unwilling (by reason of inherent prejudice;) or incapable, by reason of their defective machinery, or because of some state law declaring colored persons incompetent as witness.) to do full justice, or properly punish the offender.

The State of Mississippi, in common with other insurgent states, is still in the occupation of, our military forces, and embra=ced as it is in a military department=is still to a very consi=derable extent under the control of the military authorities. Moreover the rebellion though physically crushed has not been officially announced or treated either directly or indirectly, as a thing of the past; the suspension of the Habeas corpus has not been terminated nor has military law ceased to be enforced, in proper cases through the agenct, of military courts and military commanders in all parts of the country,— It is to be added that the charges against the within named parties have been examined and found to be, genereally substantially correct in form A few changes only in the allegations have been noted as proper to be made before these charges are served upon the accused.

(Signed) A. A. Hosner
Major & Judge Advocate in the abscence of J. A. G.

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Approved:

(Signed) E. M. Stanton
Secretary of War
July 27^th,, 1865

Hd. Qrs. Northern District of Mississippi
Jackson, Miss, August 12^th,,1865
Official Copy:

W. A. Gordon
Asst. Adjt General

To
His Excellency
W L Sharkey
Prov Gov. of Mississippi