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 $3500 per annum; the prosecuting attorney,
including the fees, at the rate of $3000 per annum; the marshal, including
the fees, at the rate of $3000 per annum; and the clerk, including the
fees, at the rate of $2500 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.

A. LINCOLN,

President of the United States.

TO GENERAL U.S. GRANT.

EXECUTIVE MANSION, WASHINGTON,

October 21, 1862.

MAJOR