Edwin M. Stanton to Andrew Johnson, June 14, 1865

War Department Washington City,

June 14th 1865.

Mr. President:

I have the honor to acknowledge the reference to this Department of two complaints – one in respect to the restrictions upon the sale of spiritouous liquors in the City of Richmond; and the other in relation to the regulations governing the sale of spirituous liquors in the City of Savannah.  These restrictions are undoubtedly in conflict with the general regulations recently established by your authority.  All trade regulations are, and always have been understood to be, subject to the military necessity existing in any particular locality; and where they come in conflict with such police regulations as, in the judgment of the Commander of the post, detachment, or army, are required for the safety of his command, the public safety is itself jeoparded.  By express authority from this Department, General Halleck was authorized to restrict the traffic in spirituous liquors in the City of Richmond, or even to prohibit it altogether, should such a course be found necessary for the military safety of that place.  The same general authority belongs to any military safety of that place.  The same general authority belongs to any military commander, and is the occasion of the restriction upon the liquor trade in the City of Savannah.  In my judgment, as the Government holds the commanding officers of those two important places responsible for their security, it would not be wise to control them in the exercise of that discretion which they alone can properly exert.  The small gains that would accrue to one or more liquor dealers, on the profits they might realize from this traffic, can be no consideration for a riot, a mob, or a military tumult, endangering arsenals, depots, and millions of public property.  I would therefore advise that no action be taken in reference to these complaints, but that the matter be left, where it now is, entirely in the hands of the Military Commanders.

I have the honor to be,

Very respectfully,

Your obedient servant,

Edwin M. Stanton

Secretary of War.

SOURCE: Paul H. Bergeron, Editor, The Papers of Andrew Johnson, Volume 8: May-August 1865, p. 243-4