_Washington City, October 20, 1862_.
The insurrection which has for some time prevailed in several of the
States of this Union, including Louisiana, having temporarily subverted
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.