"It is useless to disguise the hostility that exists on the part of a great many here toward Northern men, and this unfortunate affair has so precipitated matters that there is now a test of what shall be the status of Northern men—whether they can live here without being in constant dread or not, whether they can be protected in life and property, and have justice in the courts. If this matter is permitted to pass over without a thorough and determined prosecution of those engaged in it, we may look out for frequent scenes of the same kind, not only here, but in other places. No steps have as yet been taken by the civil authorities to arrest citizens who were engaged in this massacre, or policemen who perpetrated such cruelties. The members of the convention have been indicted by the grand jury, and many of them arrested and held to bail. As to whether the civil authorities can mete out ample justice to the guilty parties on both sides, I must say it is my opinion, unequivocally, that they cannot. Judge Abell, whose course I have closely watched for nearly a year, I now consider one of the most dangerous men that we have here to the peace and quiet of the city. The leading men of the convention—King, Cutler, Hahn, and others —have been political agitators, and are bad men. I regret to say that the course of Governor Wells has been vacillating, and that during the late trouble he has shown very little of the man.

"P. H. SHERIDAN, "Major-General Commanding."

Subsequently a military commission investigated the subject of the riot, taking a great deal of testimony. The commission substantially confirmed the conclusions given in my despatches, and still later there was an investigation by a select committee of the House of Representatives, of which the Honorables Samuel Shellabarger, of Ohio, H. L. Elliot, of Massachusetts, and B. M. Boyer, of Pennsylvania, were the members. The majority report of the committee also corroborated, in all essentials, my reports of the distressing occurrence. The committee likewise called attention to a violent speech made by Mr. Johnson at St. Louis in September, 1866, charging the origin of the riot to Congress, and went on to say of the speech that "it was an unwarranted and unjust expression of hostile feeling, without pretext or foundation in fact." A list of the killed and wounded was embraced in the committee's report, and among other conclusions reached were the following: "That the meeting of July 30 was a meeting of quiet citizens, who came together without arms and with intent peaceably to discuss questions of public concern.... There has been no occasion during our National history when a riot has occurred so destitute of justifiable cause, resulting in a massacre so inhuman and fiend-like, as that which took place at New Orleans on the 30th of July last. This riotous attack upon the convention, with its terrible results of massacre and murder, was not an accident. It was the determined purpose of the mayor of the city of New Orleans to break up this convention by armed force."

The statement is also made, that, "He [the President] knew that 'rebels' and 'thugs' and disloyal men had controlled the election of Mayor Monroe, and that such men composed chiefly his police force."

The committee held that no legal government existed in Louisiana, and recommended the temporary establishment of a provisional government therein; the report concluding that "in the meantime the safety of all Union men within the State demands that such government be formed for their protection, for the well being of the nation and the permanent peace of the Republic."

The New Orleans riot agitated the whole country, and the official and other reports served to intensify and concentrate the opposition to President Johnson's policy of reconstruction, a policy resting exclusively on and inspired solely by the executive authority—for it was made plain, by his language and his acts, that he was seeking to rehabilitate the seceded States under conditions differing not a whit from those existing before the rebellion; that is to say, without the slightest constitutional provision regarding the status of the emancipated slaves, and with no assurances of protection for men who had remained loyal in the war.

In December, 1866, Congress took hold of the subject with such vigor as to promise relief from all these perplexing disorders, and, after much investigation and a great deal of debate, there resulted the so-called "Reconstruction Laws," which, for a clear understanding of the powers conferred on the military commanders, I deem best to append in full:

AN ACT to provide for the more efficient government of the rebel States.

WHEREAS, no legal State governments or adequate protection for life or property now exist in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas, it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established; therefore,

BE IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, That said rebel States shall be divided into military districts and made subject to the military authority of the United States as hereinafter prescribed; and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina, the second district; Georgia, Alabama, and Florida, the third district; Mississippi and Arkansas, the fourth district; and Louisiana and Texas, the fifth district.

SEC. 2. And be it further enacted, That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.

SEC. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose, and all interference, under cover of State authority, with the exercise of military authority under this act, shall be null and void.

SEC. 4. And be it further enacted, That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unjust punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district; and the laws and regulations for the government of the army shall not be affected by this act except in so far as they conflict with its provisions: Provided, That no sentence of death, under the provisions of this act, shall be carried into effect without the approval of the President.

SEC. 5. And be it further enacted, That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for felony at common law; and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates; and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same; and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as article fourteen; and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and senators and representatives shall be admitted therefrom on their taking the oath prescribed by law; and then and thereafter the preceding sections of this act shall be inoperative in said State: Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention.

SEC. 6. And be it further enacted, That until the people of said rebel States shall be by law admitted to representation in the Congress of the United States, any civil government which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same; and in all elections to any office under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said constitutional amendment.

SCHUYLER COLFAX, Speaker of the House of Representatives.

LAFAYETTE S. FOSTER, President of the Senate pro tempore.

AN ACT supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, and to facilitate restoration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the following oath or affirmation: "I,———, do solemnly swear (or affirm), in the presence of the Almighty God, that I am a citizen of the State of ————-; that I have resided in said State for——- months next preceding this day, and now reside in the county of ———-, or the parish of ————, in said State, (as the case may be); that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State Legislature, nor held any executive or judicial office in any State, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do: so help me God."; which oath or affirmation may be administered by any registering officer.

SEC. 2. And be it further enacted, That after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State Legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving each representation in the ratio of voters registered as aforesaid as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the Legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.

SEC. 3. And be it further enacted, That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words "For a convention," and those voting against such a convention shall have written or printed on such ballot the words "Against a convention." The persons appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall, be against a convention, then no such convention shall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.

SEC. 4. And be it further enacted, That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, list of voters, and of the persons elected as delegates by a plurality of the votes cast at said election; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates, according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act, and the act to which it is supplementary; and when the same shall have been so framed, said constitution shall be submitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof shall be made to the commanding general of the district.

SEC. 5. And be it further enacted, That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, at least one-half of all the registered voters voting upon the question of such ratification, the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if it shall moreover appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely, and without restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is supplementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to representation, and senators and representatives shall be admitted therefrom as therein provided.

SEC. 6. And be it further enacted, That all elections in the States mentioned in the said "Act to provide for the more efficient government of the rebel States" shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections, shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled "An act to prescribe an oath of office": Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury.

SEC. 7. And be if further enacted, That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropriated.

SEC. 8. And be it further enacted, That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same.

SEC. 9. And be it further enacted, That the word "article," in the sixth section of the act to which this is supplementary, shall be construed to mean, "section."

SCHUYLER COLFAX, Speaker of the House of Representatives.

B. F. WADE, President of the Senate pro tempore.



CHAPTER XI.

PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETO—PLACED IN COMMAND OF THE FIFTH MILITARY DISTRICT—REMOVING OFFICERS—MY REASONS FOR SUCH ACTION—AFFAIRS IN LOUISIANA AND TEXAS—REMOVAL OF GOVERNOR WELLS—REVISION OF THE JURY LISTS—RELIEVED FROM THE COMMAND OF THE FIFTH MILITARY DISTRICT.

The first of the Reconstruction laws was passed March 2, 1867, and though vetoed by the President, such was the unanimity of loyal sentiment and the urgency demanding the measure, that the bill became a law over the veto the day the President returned it to Congress. March the 11th this law was published in General Orders No. 10, from the Headquarters of the Army, the same order assigning certain officers to take charge of the five military districts into which the States lately in rebellion were subdivided, I being announced as the commander of the Fifth Military District, which embraced Louisiana and Texas, a territory that had formed the main portion of my command since the close of the war.

Between the date of the Act and that of my assignment, the Louisiana Legislature, then in special session, had rejected a proposed repeal of an Act it had previously passed providing for an election of certain municipal officers in New Orleans. This election was set for March 11, but the mayor and the chief of police, together with General Mower, commanding the troops in the city, having expressed to me personally their fears that the public peace would be disturbed by the election, I, in this emergency, though not yet assigned to the district, assuming the authority which the Act conferred on district commanders, declared that the election should not take place; that no polls should be opened on the day fixed; and that the whole matter would stand postponed till the district commander should be appointed, or special instructions be had. This, my first official act under the Reconstruction laws, was rendered necessary by the course of a body of obstructionists, who had already begun to give unequivocal indications of their intention to ignore the laws of Congress.

A copy of the order embodying the Reconstruction law, together with my assignment, having reached me a few days after, I regularly assumed control of the Fifth Military District on March 19, by an order wherein I declared the State and municipal governments of the district to be provisional only, and, under the provisions of the sixth section of the Act, subject to be controlled, modified, superseded, or abolished. I also announced that no removals from office would be made unless the incumbents failed to carry out the provisions of the law or impeded reorganization, or unless willful delays should necessitate a change, and added: "Pending the reorganization, it is, desirable and intended to create as little disturbance in the machinery of the various branches of the provisional governments as possible, consistent with the law of Congress and its successful execution, but this condition is dependent upon the disposition shown by the people, and upon the length of time required for reorganization."

Under these limitations Louisiana and Texas retained their former designations as military districts, the officers in command exercising their military powers as heretofore. In addition, these officers were to carry out in their respective commands all provisions of the law except those specially requiring the action of the district commander, and in cases of removals from and appointment to office.

In the course of legislation the first Reconstruction act, as I have heretofore noted, had been vetoed. On the very day of the veto, however, despite the President's adverse action, it passed each House of Congress by such an overwhelming majority as not only to give it the effect of law, but to prove clearly that the plan of reconstruction presented was, beyond question, the policy endorsed by the people of the country. It was, therefore, my determination to see to the law's zealous execution in my district, though I felt certain that the President would endeavor to embarrass me by every means in his power, not only on account of his pronounced personal hostility, but also because of his determination not to execute but to obstruct the measures enacted by Congress.

Having come to this conclusion, I laid down, as a rule for my guidance, the principle of non-interference with the provisional State governments, and though many appeals were made to have me rescind rulings of the courts, or interpose to forestall some presupposed action to be taken by them, my invariable reply was that I would not take cognizance of such matters, except in cases of absolute necessity. The same policy was announced also in reference to municipal affairs throughout the district, so long as the action of the local officers did not conflict with the law.

In a very short time, however, I was obliged to interfere in municipal matters in New Orleans, for it had become clearly apparent that several of the officials were, both by acts of omission and commission, ignoring the law, so on the 27th of March I removed from office the Mayor, John T. Monroe; the Judge of the First District Court, E. Abell; and the Attorney-General of the State, Andrew S. Herron; at the same time appointing to the respective offices thus vacated Edward Heath, W. W. Howe, and B. L. Lynch. The officials thus removed had taken upon themselves from the start to pronounce the Reconstruction acts unconstitutional, and to advise such a course of obstruction that I found it necessary at an early dav to replace them by men in sympathy with the law, in order to make plain my determination to have its provisions enforced. The President at once made inquiry, through General Grant, for the cause of the removal, and I replied:

"HEADQUARTERS FIFTH MILITARY DISTRICT, "New Orleans, La., April 19, 1867.

"GENERAL: On the 27th day of March last I removed from office Judge E. Abell, of the Criminal Court of New Orleans; Andrew S. Herron, Attorney-General of the State of Louisiana; and John T. Monroe, Mayor of the City of New Orleans. These removals were made under the powers granted me in what is usually termed the 'military bill,' passed March 2, 1867, by the Congress of the United States.

"I did not deem it necessary to give any reason for the removal of these men, especially after the investigations made by the military board on the massacre Of July 30, 1866, and the report of the congressional committee on the same massacre; but as some inquiry has been made for the cause of removal, I would respectfully state as follows:

"The court over which judge Abell presided is the only criminal court in the city of New Orleans, and for a period of at least nine months previous to the riot Of July 30 he had been educating a large portion of the community to the perpetration of this outrage, by almost promising no prosecution in his court against the offenders, in case such an event occurred. The records of his court will show that he fulfilled his promise, as not one of the guilty has been prosecuted.

"In reference to Andrew J. Herron, Attorney-General of the State of Louisiana, I considered it his duty to indict these men before this criminal court. This he failed to do, but went so far as to attempt to impose on the good sense of the whole nation by indicting the victims of the riot instead of the rioters; in other words, making the innocent guilty and the guilty innocent. He was therefore, in my belief, an able coadjutor with judge Abell in bringing on the massacre of July 30.

"Mayor Monroe controlled the element engaged in this riot, and when backed by an attorney-general who would not prosecute the guilty, and a judge who advised the grand jury to find the innocent guilty and let the murderers go free, felt secure in engaging his police force in the riot and massacre.

"With these three men exercising a large influence over the worst elements of the population of this city, giving to those elements an immunity for riot and bloodshed, the general-in-chief will see how insecurely I felt in letting them occupy their respective positions in the troubles which might occur in registration and voting in the reorganization of this State.

"I am, General, very respectfully, your obedient servant,

"P. H. SHERIDAN, "Major-General U. S. A.

"GENERAL U. S. GRANT, "Commanding Armies of the United States, "Washington, D. C."

To General Grant my reasons were satisfactory, but not so to the President, who took no steps, however, to rescind my action, for he knew that the removals were commended by well-nigh the entire community in the city, for it will be understood that Mr. Johnson was, through his friends and adherents in Louisiana and Texas, kept constantly advised of every step taken by me. Many of these persons were active and open opponents of mine, while others were spies, doing their work so secretly and quickly that sometimes Mr. Johnson knew of my official acts before I could report them to General Grant.

The supplemental Reconstruction act which defined the method of reconstruction became a law despite the President's veto on March 23. This was a curative act, authorizing elections and prescribing methods of registration. When it reached me officially I began measures for carrying out its provisions, and on the 28th of March issued an order to the effect that no elections for the State, parish, or municipal officers would be held in Louisiana until the provisions of the laws of Congress entitled "An act to provide for the more efficient government of the rebel States," and of the act supplemental thereto, should have been complied with. I also announced that until elections were held in accordance with these acts, the law of the Legislature of the State providing for the holding over of those persons whose terms of office otherwise would have expired, would govern in all cases excepting only those special ones in which I myself might take action. There was one parish, Livingston, which this order did no reach in time to prevent the election previously ordered there, and which therefore took place, but by a supplemental order this election was declare null and void.

In April. I began the work of administering the Supplemental Law, which, under certain condition of eligibility, required a registration of the voter of the State, for the purpose of electing delegate to a Constitutional convention. It therefore became necessary to appoint Boards of Registration throughout the election districts, and on April 10 the boards for the Parish of Orleans were given out, those for the other parishes being appointed ten days later. Before announcing these boards, I had asked to be advised definitely as to what persons were disfranchised by the law, and was directed by General Grant to act upon my own interpretation of it, pending an opinion expected shortly from the Attorney-General—Mr. Henry Stanbery—so, for the guidance of the boards, I gave the following instructions:

"HEADQUARTERS FIFTH MILITARY DISTRICT. "New Orleans, La., April 10, 1867.

"Special Orders, No. 15.

"....In obedience to the directions contained in the first section of the Law of Congress entitled "An Act supplemental to an Act entitled 'An Act to provide for the more efficient government of the rebel States'" the registration of the legal voters, according to that law in the Parish of Orleans, will be commenced on the 15th instant, and must be completed by the 15th of May.

"The four municipal districts of the City of New Orleans and the Parish of Orleans, right bank (Algiers), will each constitute a Registration district. Election precincts will remain as at present constituted.

"....Each member of the Board of Registers, before commencing his duties, will file in the office of the Assistant-Inspector-General at these headquarters, the oath required in the sixth section of the Act referred to, and be governed in the execution of his duty by the provisions of the first section of that Act, faithfully administering the oath therein prescribed to each person registered.

"Boards of Registers will immediately select suitable offices within their respective districts, having reference to convenience and facility of registration, and will enter upon their duties on the day designated. Each Board will be entitled to two clerks. Office-hours for registration will be from 8 o'clock till 12 A. M., and from 4 till 7 P. M.

"When elections are ordered, the Board of Registers for each district will designate the number of polls and the places where they shall be opened in the election precincts within its district, appoint the commissioners and other officers necessary for properly conducting the elections, and will superintend the same.

"They will also receive from the commissioners of elections of the different precincts the result of the vote, consolidate the same, and forward it to the commanding general.

"Registers and all officers connected with elections will be held to a rigid accountability and will be subject to trial by military commission for fraud, or unlawful or improper conduct in the performance of their duties. Their rate of compensation and manner of payment will be in accordance with the provisions of sections six and seven of the supplemental act.

"....Every male citizen of the United States, twenty-one years old and upward, of whatever race, color, or previous condition, who has been resident in the State of Louisiana for one year and Parish of Orleans for three months previous to the date at which he presents himself for registration, and who has not been disfranchised by act of Congress or for felony at common law, shall, after having taken and subscribed the oath prescribed in the first section of the act herein referred to, be entitled to be, and shall be, registered as a legal voter in the Parish of Orleans and State of Louisiana.

"Pending the decision of the Attorney-General of the United States on the question as to who are disfranchised by law, registers will give the most rigid interpretation to the law, and exclude from registration every person about whose right to vote there may be a doubt. Any person so excluded who may, under the decision of the Attorney-General, be entitled to vote, shall be permitted to register after that decision is received, due notice of which will be given.

"By command of Major-General P. H. SHERIDAN,

"GEO. L. HARTSUFF, "Assistant Adjutant-General."

The parish Boards of Registration were composed of three members each. Ability to take what was known as the "ironclad oath" was the qualification exacted of the members, and they were prohibited from becoming candidates for office. In the execution of their duties they were to be governed by the provisions of the supplemental act. It was also made one of their functions to designate the number and location of the polling-places in the several districts, to appoint commissioners for receiving the votes and in general to attend to such other matters as were necessary, in order properly to conduct the voting, and afterward to receive from the commissioners the result of the vote and forward it to my headquarters. These registers, and all other officers having to do with elections, were to be held to a rigid accountability, and be subject to trial by military commission for fraud or unlawful or improper conduct in the performance of their duties; and in order to be certain that the Registration Boards performed their work faithfully and intelligently, officers of the army were appointed as supervisors. To this end the parishes were grouped together conveniently in temporary districts, each officer having from three to five parishes to supervise. The programme thus mapped out for carrying out the law in Louisiana was likewise adhered to in Texas, and indeed was followed as a model in some of the other military districts.

Although Military Commissions were fully authorized by the Reconstruction acts, yet I did not favor their use in governing the district, and probably would never have convened one had these acts been observed in good faith. I much preferred that the civil courts, and the State and municipal authorities already in existence, should perform their functions without military control or interference, but occasionally, because the civil authorities neglected their duty, I was obliged to resort to this means to ensure the punishment Of offenders. At this time the condition of the negroes in Texas and Louisiana was lamentable, though, in fact, not worse than that of the few white loyalists who had been true to the Union during the war. These last were singled out as special objects of attack, and were, therefore, obliged at all times to be on the alert for the protection of their lives and property. This was the natural outcome of Mr. Johnson's defiance of Congress, coupled with the sudden conversion to his cause of persons in the North—who but a short time before had been his bitterest enemies; for all this had aroused among the disaffected element new hopes of power and place, hopes of being at once put in political control again, with a resumption of their functions in State and National matters without any preliminary authorization by Congress. In fact, it was not only hoped, but expected, that things were presently to go on just as if there had been no war.

In the State of Texas there were in 1865 about 200,000 of the colored race-roughly, a third of the entire population—while in Louisiana there were not less than 350,000, or more than one-half of all the people in the State. Until the enactment of the Reconstruction laws these negroes were without rights, and though they had been liberated by the war, Mr. Johnson's policy now proposed that they should have no political status at all, and consequently be at the mercy of a people who, recently their masters, now seemed to look upon them as the authors of all the misfortunes that had come upon the land. Under these circumstances the blacks naturally turned for protection to those who had been the means of their liberation, and it would have been little less than inhuman to deny them sympathy. Their freedom had been given them, and it was the plain duty of those in authority to make it secure, and screen them from the bitter political resentment that beset them, and to see that they had a fair chance in the battle of life. Therefore, when outrages and murders grew frequent, and the aid of the military power was an absolute necessity for the protection of life, I employed it unhesitatingly —the guilty parties being brought to trial before military commissions—and for a time, at least, there occurred a halt in the march of terrorism inaugurated by the people whom Mr. Johnson had deluded.

The first, Military Commission was convened to try the case of John W. Walker, charged with shooting a negro in the parish of St. John. The proper civil authorities had made no effort to arrest Walker, and even connived at his escape, so I had him taken into custody in New Orleans, and ordered him tried, the commission finding him guilty, and sentencing him to confinement in the penitentiary for six months. This shooting was the third occurrence of the kind that had taken place in St. John's parish, a negro being wounded in each case, and it was plain that the intention was to institute there a practice of intimidation which should be effective to subject the freedmen to the will of their late masters, whether in making labor contracts, or in case these newly enfranchised negroes should evince a disposition to avail themselves of the privilege to vote.

The trial and conviction of Walker, and of one or two others for similar outrages, soon put a stop to every kind of "bull-dozing" in the country parishes; but about this time I discovered that many members of the police force in New Orleans were covertly intimidating the freedmen there, and preventing their appearance at the registration offices, using milder methods than had obtained in the country, it is true, but none the less effective.

Early in 1866 the Legislature had passed an act which created for the police of New Orleans a residence qualification, the object of which was to discharge and exclude from the force ex-Union soldiers. This of course would make room for the appointment of ex-Confederates, and Mayor Monroe had not been slow in enforcing the provisions of the law. It was, in fact, a result of this enactment that the police was so reorganized as to become the willing and efficient tool which it proved to be in the riot of 1866; and having still the same personnel, it was now in shape to prevent registration by threats, unwarranted arrests, and by various other influences, all operating to keep the timid blacks away from the registration places.

That the police were taking a hand in this practice of repression, I first discovered by the conduct of the assistant to the chief of the body, and at once removed the offender, but finding this ineffectual I annulled that part of the State law fixing the five years' residence restriction, and restored the two years' qualification, thus enabling Mayor Heath, who by my appointment had succeeded Monroe, to organize the force anew, and take about one-half of its members from ex-Union soldiers who when discharged had settled in New Orleans. This action put an end to intimidation in the parish of Orleans; and now were put in operation in all sections the processes provided by the supplemental Reconstruction law for the summoning of a convention to form a Constitution preparatory to the readmission of the State, and I was full of hope that there would now be much less difficulty in administering the trust imposed by Congress.

During the two years previous great damage had been done the agricultural interests of Louisiana by the overflow of the Mississippi, the levees being so badly broken as to require extensive repairs, and the Legislature of 1866 had appropriated for the purpose $4,000,000, to be raised by an issue of bonds. This money was to be disbursed by a Board of Levee Commissioners then in existence, but the term of service of these commissioners, and the law creating the board, would expire in the spring of 1867. In order to overcome this difficulty the Legislature passed a bill continuing the commissioners in office but as the act was passed inside of ten days before the adjournment of the Legislature, Governor Wells pocketed the bill, and it failed to become a law. The Governor then appointed a board of his own, without any warrant of law whatever. The old commissioners refused to recognize this new board, and of course a conflict of authority ensued, which, it was clear, would lead to vicious results if allowed to continue; so, as the people of the State had no confidence in either of the boards, I decided to end the contention summarily by appointing an entirely new commission, which would disburse the money honestly, and further the real purpose for which it had been appropriated. When I took this course the legislative board acquiesced, but Governor Wells immediately requested the President to revoke my order, which, however, was not done, but meanwhile the Secretary of War directed me to suspend all proceedings in the matter, and make a report of the facts. I complied in the following telegram:

"HEADQUARTERS FIFTH MILITARY DISTRICT, "NEW ORLEANS, La., June 3, 1867.

"SIR: I have the honor to acknowledge the receipt of your telegram of this date in reference to the Levee Commissioners in this State.

"The following were my reasons for abolishing the two former boards, although I intended that my order should be sufficiently explanatory:

"Previous to the adjournment of the Legislature last winter it passed an act continuing the old Levee board in office, so that the four millions of dollars ($4,000,000) in bonds appropriated by the Legislature might be disbursed by a board of rebellious antecedents.

"After its adjournment the Governor of the State appointed a board of his own, in violation of this act, and made the acknowledgment to me in person that his object was to disburse the money in the interest of his own party by securing for it the vote of the employees at the time of election.

"The board continued in office by the Legislature refused to turn over to the Governor's board, and each side appealed to me to sustain it, which I would not do. The question must then have gone to the courts, which, according to the Governor's judgment when he was appealing to me to be sustained, would require one year for decision. Meantime the State was overflowed, the Levee boards tied up by political chicanery, and nothing done to relieve the poor people, now fed by the charity of the Government and charitable associations of the North.

"To obviate this trouble, and to secure to the overflowed districts of the State the immediate relief which the honest disbursement of the four millions ($4,000,000) would give, my order dissolving both boards was issued.

"I say now, unequivocally, that Governor Wells is a political trickster and a dishonest man. I have seen him myself, when I first came to this command, turn out all the Union men who had supported the Government, and put in their stead rebel soldiers who had not yet doffed their gray uniform. I have seen him again, during the July riot of 1866, skulk away where I could not find him to give him a guard, instead of coming out as a manly representative of the State and joining those who were preserving the peace. I have watched him since, and his conduct has been as sinuous as the mark left in the dust by the movement of a snake.

"I say again that he is dishonest, and that dishonesty is more than must be expected of me.

"P. H. SHERIDAN, "Major-General, U. S. A.

"Hon. E. M. STANTON, "Secretary of War, Washington, D. C."

The same day that I sent my report to the Secretary of War I removed from office Governor Wells himself, being determined to bear no longer with the many obstructions he had placed in the way of reorganizing the civil affairs of the State. I was also satisfied that he was unfit to retain the place, since he was availing himself of every opportunity to work political ends beneficial to himself. In this instance Wells protested to me against his removal, and also appealed to the President for an opinion of the Attorney-General as to my power in the case; and doubtless he would have succeeded in retaining his office, but for the fact that the President had been informed by General James B. Steadman and others placed to watch me that Wells was wholly unworthy.

"NEW ORLEANS, June 19, 1867. "ANDREW JOHNSON, President United States, "Washington City:

"Lewis D. Campbell leaves New Orleans for home this evening. Want of respect for Governor Wells personally, alone represses the expression of indignation felt by all honest and sensible men at the unwarranted usurpation of General Sheridan in removing the civil officers of Louisiana. It is believed here that you will reinstate Wells. He is a bad man, and has no influence.

"I believe Sheridan made the removals to embarrass you, believing the feeling at the North would sustain him. My conviction is that on account of the bad character of Wells and Monroe, you ought not to reinstate any who have been removed, because you cannot reinstate any without reinstating all, but you ought to prohibit the exercise of this power in the future.

"Respectfully yours,

"JAMES B. STEADMAN."

I appointed Mr. Thomas J. Durant as Wells's successor, but he declining, I then appointed Mr. Benjamin F. Flanders, who, after I had sent a staff-officer to forcibly eject Wells in case of necessity, took possession of the Governor's office. Wells having vacated, Governor Flanders began immediately the exercise of his duties in sympathy with the views of Congress, and I then notified General Grant that I thought he need have no further apprehension about the condition of affairs in Louisiana, as my appointee was a man of such integrity and ability that I already felt relieved of half my labor. I also stated in the same despatch that nothing would answer in Louisiana but a bold and firm course, and that in taking such a one I felt that I was strongly supported; a statement that was then correct, for up to this period the better classes were disposed to accept the Congressional plan of reconstruction.

During the controversy over the Levee Commissioners, and the correspondence regarding the removal of Governor Wells, registration had gone on under the rules laid down for the boards. The date set for closing the books was the 30th of June, but in the parish of Orleans the time was extended till the 15th of July. This the President considered too short a period, and therefore directed the registry lists not to be closed before the 1st of August, unless there was some good reason to the contrary. This was plainly designed to keep the books open in order that under the Attorney-General's interpretation of the Reconstruction laws, published June 20, many persons who had been excluded by the registration boards could yet be registered, so I decided to close the registration, unless required by the President unconditionally, and in specific orders, to extend the time. My motives were manifold, but the main reasons were that as two and a half months had been given already, the number of persons who, under the law, were qualified for registry was about exhausted; and because of the expense I did not feel warranted in keeping up the boards longer, as I said, "to suit new issues coming in at the eleventh hour," which would but open a "broad macadamized road for perjury and fraud."

When I thus stated what I intended to do, the opinion of the Attorney-General had not yet been received. When it did reach me it was merely in the form of a circular signed by Adjutant-General Townsend, and had no force of law. It was not even sent as an order, nor was it accompanied by any instructions, or by anything except the statement that it was transmitted to the 11 respective military commanders for their information, in order that there might be uniformity in the execution of the Reconstruction acts. To adopt Mr. Stanbery's interpretation of the law and reopen registration accordingly, would defeat the purpose of Congress, as well as add to my perplexities. Such a course would also require that the officers appointed by me for the performance of specified duties, under laws which I was empowered to interpret and enforce, should receive their guidance and instructions from an unauthorized source, so on communicating with General Grant as to how I should act, he directed me to enforce my own construction of the military bill until ordered to do otherwise.

Therefore the registration continued as I had originally directed, and nothing having been definitely settled at Washington in relation to my extending the time, on the 10th of July I ordered all the registration boards to select, immediately, suitable persons to act as commissioners of election, and at the same time specified the number of each set of commissioners, designated the polling-places, gave notice that two days would be allowed for voting, and followed this with an order discontinuing registration the 31st of July, and then another appointing the 27th and 28th of September as the time for the election of delegates to the State convention.

In accomplishing the registration there had been little opposition from the mass of the people, but the press of New Orleans, and the office-holders and office-seekers in the State generally, antagonized the work bitterly and violently, particularly after the promulgation of the opinion of the Attorney-General. These agitators condemned everybody and everything connected with the Congressional plan of reconstruction; and the pernicious influence thus exerted was manifested in various ways, but most notably in the selection of persons to compose the jury lists in the country parishes it also tempted certain municipal officers in New Orleans to perform illegal acts that would seriously have affected the credit of the city had matters not been promptly corrected by the summary removal from office of the comptroller and the treasurer, who had already issued a quarter of a million dollars in illegal certificates. On learning of this unwarranted and unlawful proceeding, Mayor Heath demanded an investigation by the Common Council, but this body, taking its cue from the evident intention of the President to render abortive the Reconstruction acts, refused the mayor's demand. Then he tried to have the treasurer and comptroller restrained by injunction, but the city attorney, under the same inspiration as the council, declined to sue out a writ, and the attorney being supported in this course by nearly all the other officials, the mayor was left helpless in his endeavors to preserve the city's credit. Under such circumstances he took the only step left him—recourse to the military commander; and after looking into the matter carefully I decided, in the early part of August, to give the mayor officials who would not refuse to make an investigation of the illegal issue of certificates, and to this end I removed the treasurer, surveyor, comptroller, city attorney, and twenty-two of the aldermen; these officials, and all of their assistants, having reduced the financial credit of New Orleans to a disordered condition, and also having made efforts—and being then engaged in such—to hamper the execution of the Reconstruction laws.

This action settled matters in the city, but subsequently I had to remove some officials in the parishes—among them a justice of the peace and a sheriff in the parish of Rapides; the justice for refusing to permit negro witnesses to testify in a certain murder case, and for allowing the murderer, who had foully killed a colored man, to walk out of his court on bail in the insignificant sum of five hundred dollars; and the sheriff, for conniving at the escape from jail of another alleged murderer. Finding, however, even after these removals, that in the country districts murderers and other criminals went unpunished, provided the offenses were against negroes merely (since the jurors were selected exclusively from the whites, and often embraced those excluded from the exercise of the election franchise) I, having full authority under the Reconstruction laws, directed such a revision of the jury lists as would reject from them every man not eligible for registration as a voter. This order was issued August 24, and on its promulgation the President relieved me from duty and assigned General Hancock as my successor.

"HEADQUARTERS FIFTH MILITARY DISTRICT, "NEW ORLEANS, LA., August 24, 1867.

"SPECIAL ORDERS, No. 125.

"The registration of voters of the State of Louisiana, according to the law of Congress, being complete, it is hereby ordered that no person who is not registered in accordance with said law shall be considered as, a duly qualified voter of the State of Louisiana. All persons duly registered as above, and no others, are consequently eligible, under the laws of the State of Louisiana, to serve as jurors in any of the courts of the State.

"The necessary revision of the jury lists will immediately be made by the proper officers.

"All the laws of the State respecting exemptions, etc., from jury duty will remain in force.

"By command of Major-General P. H. SHERIDAN.

"GEO. L. HARTNUFF, Asst. Adj't-General."

Pending the arrival of General Hancock, I turned over the command of the district September 1 to General Charles Griffin; but he dying of yellow fever, General J. A. Mower succeeded him, and retained command till November 29, on which date General Hancock assumed control. Immediately after Hancock took charge, he revoked my order of August 24 providing for a revision of the jury lists; and, in short, President Johnson's policy now became supreme, till Hancock himself was relieved in March, 1868.

My official connection with the reconstruction of Louisiana and Texas practically closed with this order concerning the jury lists. In my judgment this had become a necessity, for the disaffected element, sustained as it was by the open sympathy of the President, had grown so determined in its opposition to the execution of the Reconstruction acts that I resolved to remove from place and power all obstacles; for the summer's experience had convinced me that in no other way could the law be faithfully administered.

The President had long been dissatisfied with my course; indeed, he had harbored personal enmity against me ever since he perceived that he could not bend me to an acceptance of the false position in which he had tried to place me by garbling my report of the riot of 1866. When Mr. Johnson decided to remove me, General Grant protested in these terms, but to no purpose:

"HEADQUARTERS ARMIES OF THE UNITED STATES, "WASHINGTON, D. C., August 17, 1867

"SIR: I am in receipt of your order of this date directing the assignment of General G. H. Thomas to the command of the Fifth Military District, General Sheridan to the Department of the Missouri, and General Hancock to the Department of the Cumberland; also your note of this date (enclosing these instructions), saying: 'Before you issue instructions to carry into effect the enclosed order, I would be pleased to hear any suggestions you may deem necessary respecting the assignments to which the order refers.'

"I am pleased to avail myself of this invitation to urge—earnestly urge—urge in the name of a patriotic people, who have sacrificed hundreds of thousands of loyal lives and thousands of millions of treasure to preserve the integrity and union of this country—that this order be not insisted on. It is unmistakably the expressed wish of the country that General Sheridan should not be removed from his present command.

"This is a republic where the will of the people is the law of the land. I beg that their voice may be heard.

"General Sheridan has performed his civil duties faithfully and intelligently. His removal will only be regarded as an effort to defeat the laws of Congress. It will be interpreted by the unreconstructed element in the South—those who did all they could to break up this Government by arms, and now wish to be the only element consulted as to the method of restoring order—as a triumph. It will embolden them to renewed opposition to the will of the loyal masses, believing that they have the Executive with them.

"The services of General Thomas in battling for the Union entitle him to some consideration. He has repeatedly entered his protest against being assigned to either of the five military districts, and especially to being assigned to relieve General Sheridan.

"There are military reasons, pecuniary reasons, and above all, patriotic reasons, why this should not be insisted upon.

"I beg to refer to a letter marked 'private,' which I wrote to the President when first consulted on the subject of the change in the War Department. It bears upon the subject of this removal, and I had hoped would have prevented it.

"I have the honor to be, with great respect, your obedient servant,

"U. S. GRANT, "General U. S. A., Secretary of War ad interim.

"His Excellency A. JOHNSON, "President of the United States."

I was ordered to command the Department of the Missouri (General Hancock, as already noted, finally becoming my successor in the Fifth Military District), and left New Orleans on the 5th of September. I was not loath to go. The kind of duty I had been performing in Louisiana and Texas was very trying under the most favorable circumstances, but all the more so in my case, since I had to contend against the obstructions which the President placed in the way from persistent opposition to the acts of Congress as well as from antipathy to me—which obstructions he interposed with all the boldness and aggressiveness of his peculiar nature.

On more than one occasion while I was exercising this command, impurity of motive was imputed to me, but it has never been truthfully shown (nor can it ever be) that political or corrupt influences of any kind controlled me in any instance. I simply tried to carry out, without fear or favor, the Reconstruction acts as they came to me. They were intended to disfranchise certain persons, and to enfranchise certain others, and, till decided otherwise, were the laws of the land; and it was my duty to execute them faithfully, without regard, on the one hand, for those upon whom it was thought they bore so heavily, nor, on the other, for this or that political party, and certainly without deference to those persons sent to Louisiana to influence my conduct of affairs.

Some of these missionaries were high officials, both military and civil, and I recall among others a visit made me in 1866 by a distinguished friend of the President, Mr. Thomas A. Hendricks. The purpose of his coming was to convey to me assurances of the very high esteem in which I was held by the President, and to explain personally Mr. Johnson's plan of reconstruction, its flawless constitutionality, and so on. But being on the ground, I had before me the exhibition of its practical working, saw the oppression and excesses growing out of it, and in the face of these experiences even Mr. Hendricks's persuasive eloquence was powerless to convince me of its beneficence. Later General Lovell H. Rousseau came down on a like mission, but was no more successful than Mr. Hendricks.

During the whole period that I commanded in Louisiana and Texas my position was a most unenviable one. The service was unusual, and the nature of it scarcely to be understood by those not entirely familiar with the conditions existing immediately after the war. In administering the affairs of those States, I never acted except by authority, and always from conscientious motives. I tried to guard the rights of everybody in accordance with the law. In this I was supported by General Grant and opposed by President Johnson. The former had at heart, above every other consideration, the good of his country, and always sustained me with approval and kind suggestions. The course pursued by the President was exactly the opposite, and seems to prove that in the whole matter of reconstruction he was governed less by patriotic motives than by personal ambitions. Add to this his natural obstinacy of character and personal enmity toward me, and no surprise should be occasioned when I say that I heartily welcomed the order that lifted from me my unsought burden.



CHAPTER XII.

AT FORT LEAVENWORTH—THE TREATY OF MEDICINE LODGE—GOING TO FORT DODGE—DISCONTENTED INDIANS—INDIAN OUTRAGES—A DELEGATION OF CHIEFS —TERRIBLE INDIAN RAID—DEATH OF COMSTOCK—VAST HERDS OF BUFFALO —PREPARING FOR A WINTER CAMPAIGN—MEETING "BUFFALO BILL" —HE UNDERTAKES A DANGEROUS TASK—FORSYTH'S GALLANT FIGHT—RESCUED.

The headquarters of the military department to which I was assigned when relieved from duty at New Orleans was at Fort Leavenworth, Kansas, and on the 5th of September I started for that post. In due time I reached St. Louis, and stopped there a day to accept an ovation tendered in approval of the course I had pursued in the Fifth Military District—a public demonstration apparently of the most sincere and hearty character.

From St. Louis to Leavenworth took but one night, and the next day I technically complied with my orders far enough to permit General Hancock to leave the department, so that he might go immediately to New Orleans if he so desired, but on account of the yellow fever epidemic then prevailing, he did not reach the city till late in November.

My new command was one of the four military departments that composed the geographical division then commanded by Lieutenant-General Sherman. This division had been formed in 1866, with a view to controlling the Indians west of the Missouri River, they having become very restless and troublesome because of the building of the Pacific railroads through their hunting-grounds, and the encroachments of pioneers, who began settling in middle and western Kansas and eastern Colorado immediately after the war.

My department embraced the States of Missouri and Kansas, the Indian Territory, and New Mexico. Part of this section of country—western Kansas particularly—had been frequently disturbed and harassed during two or three years past, the savages every now and then massacring an isolated family, boldly attacking the surveying and construction parties of the Kansas-Pacific railroad, sweeping down on emigrant trains, plundering and burning stage-stations and the like along the Smoky Hill route to Denver and the Arkansas route to New Mexico.

However, when I relieved Hancock, the department was comparatively quiet. Though some military operations had been conducted against the hostile tribes in the early part of the previous summer, all active work was now suspended in the attempt to conclude a permanent peace with the Cheyennes, Arapahoes, Kiowas, and Comanches, in compliance with the act of Congress creating what was known as the Indian Peace Commission of 1867.

Under these circumstances there was little necessity for my remaining at Leavenworth, and as I was much run down in health from the Louisiana climate, in which I had been obliged to live continuously for three summers (one of which brought epidemic cholera, and another a scourge of yellow fever), I took a leave of absence for a few months, leaving Colonel A. J. Smith, of the Seventh Cavalry, temporarily in charge of my command.

On this account I did not actually go on duty in the department of the Missouri till March, 1868. On getting back I learned that the negotiations of the Peace Commissioners held at Medicine Lodge, about seventy miles south of Fort Larned had resulted in a treaty with the Cheyennes, Arapahoes, Kiowas, and Comanches, by which agreement it was supposed all troubles had been settled. The compact, as concluded, contained numerous provisions, the most important to us being one which practically relinquished the country between the Arkansas and Platte rivers for white settlement; another permitted the peaceable construction of the Pacific railroads through the same region; and a third requiring the tribes signing the treaty to retire to reservations allotted them in the Indian Territory. Although the chiefs and head-men were well-nigh unanimous in ratifying these concessions, it was discovered in the spring of 1868 that many of the young men were bitterly opposed to what had been done, and claimed that most of the signatures had been obtained by misrepresentation and through proffers of certain annuities, and promises of arms and ammunition to be issued in the spring of 1868. This grumbling was very general in extent, and during the winter found outlet in occasional marauding, so, fearing a renewal of the pillaging and plundering at an early day, to prepare myself for the work evidently ahead the first thing I did on assuming permanent command was to make a trip to Fort Larned and Fort Dodge, near which places the bulk of the Indians had congregated on Pawnee and Walnut creeks. I wanted to get near enough to the camps to find out for myself the actual state of feeling among the savages, and also to familiarize myself with the characteristics of the Plains Indians, for my previous experience had been mainly with mountain tribes on the Pacific coast. Fort Larned I found too near the camps for my purpose, its proximity too readily inviting unnecessary "talks," so I remained here but a day or two, and then went on to Dodge, which, though considerably farther away from the camps, was yet close enough to enable us to obtain easily information of all that was going on.

It took but a few days at Dodge to discover that great discontent existed about the Medicine Lodge concessions, to see that the young men were chafing and turbulent, and that it would require much tact and good management on the part of the Indian Bureau to persuade the four tribes to go quietly to their reservations, under an agreement which, when entered into, many of them protested had not been fully understood.

A few hours after my arrival a delegation of prominent chiefs called on me and proposed a council, where they might discuss their grievances, and thus bring to the notice of the Government the alleged wrongs done them; but this I refused, because Congress had delegated to the Peace Commission the whole matter of treating with them, and a council might lead only to additional complications. My refusal left them without hope of securing better terms, or of even delaying matters longer; so henceforth they were more than ever reckless and defiant. Denunciations of the treaty became outspoken, and as the young braves grew more and more insolent every day, it amounted to conviction that, unless by some means the irritation was allayed, hostilities would surely be upon us when the buffalo returned to their summer feeding-grounds between the Arkansas and the Platte.

The principal sufferers in this event would be the settlers in middle and western Kansas, who, entirely ignorant of the dangers hanging over them, were laboring to build up homes in a new country. Hence the maintenance of peace was much to be desired, if it could be secured without too great concessions, and although I would not meet the different tribes in a formal council, yet, to ward off from settlers as much as possible the horrors of savage warfare, I showed, by resorting to persuasive methods, my willingness to temporize a good deal. An abundant supply of rations is usually effective to keep matters quiet in such cases, so I fed them pretty freely, and also endeavored to control them through certain men who, I found, because of former associations, had their confidence. These men, employed as scouts, or interpreters, were Mr. William Comstock, Mr. Abner S. Grover, and Mr. Richard Parr. They had lived on the Plains for many years with different tribes of Indians, had trapped and hunted with them, and knew all the principal chiefs and headmen. Through such influences, I thought I saw good chances of preserving peace, and of inducing the discontented to go quietly to their reservations in the Indian Territory as soon as General Hazen, the representative of the Peace Commissioners, was ready to conduct them there from Fort Larned.

Before returning to Leavenworth I put my mediators (as I may call them) under charge of an officer of the army, Lieutenant F. W. Beecher, a very intelligent man, and directed him to send them out to visit among the different tribes, in order to explain what was intended by the treaty of Medicine Lodge, and to make every effort possible to avert hostilities. Under these instructions Comstock and Grover made it their business to go about among the Cheyennes—the most warlike tribe of all—then camping about the headwaters of Pawnee and Walnut creeks, and also to the north and west of Fort Wallace, while Parr spent his time principally with the Kiowas and Comanches.

From the different posts—Wallace, Dodge, and Larned Lieutenant Beecher kept up communication with all three scouts, and through him I heard from them at least once a week. Every now and then some trouble along the railroad or stage routes would be satisfactorily adjusted and quiet restored, and matters seemed to be going on very well, the warm weather bringing the grass and buffalo in plenty, and still no outbreak, nor any act of downright hostility. So I began to hope that we should succeed in averting trouble till the favorite war season of the Indians was over, but the early days of August rudely ended our fancied tranquility.

In July the encampments about Fort Dodge began to break up, each band or tribe moving off to some new location north of the Arkansas, instead of toward its proper reservation to the south of that river. Then I learned presently that a party of Cheyennes had made a raid on the Kaws—a band of friendly Indians living near Council Grove—and stolen their horses, and also robbed the houses of several white people near Council Grove. This raid was the beginning of the Indian war of 1868. Immediately following it, the Comanches and Kiowas came to Fort Larned to receive their annuities, expecting to get also the arms and ammunition promised them at Medicine Lodge, but the raid to Council Grove having been reported to the Indian Department, the issue of arms was suspended till reparation was made. This action of the Department greatly incensed the savages, and the agent's offer of the annuities without guns and pistols was insolently refused, the Indians sulking back to their camps, the young men giving themselves up to war-dances, and to powwows with "medicine-men," till all hope of control was gone.

Brevet Brigadier-General Alfred Sully, an officer of long experience in Indian matters, who at this time was in command of the District of the Arkansas, which embraced Forts Larned and Dodge, having notified me of these occurrences at Larned, and expressed the opinion that the Indians were bent on mischief, I directed him there immediately to act against them. After he reached Larned, the chances for peace appeared more favorable. The Indians came to see him, and protested that it was only a few bad young men who had been depredating, and that all would be well and the young men held in check if the agent would but issue the arms and ammunition. Believing their promises, Sully thought that the delivery of the arms would solve all the difficulties, so on his advice the agent turned them over along with the annuities, the Indians this time condescendingly accepting.

This issue of arms and ammunition was a fatal mistake; Indian diplomacy had overreached Sully's experience, and even while the delivery was in progress a party of warriors had already begun a raid of murder and rapine, which for acts of devilish cruelty perhaps has no parallel in savage warfare. The party consisted of about two hundred Cheyennes and a few Arapahoes, with twenty Sioux who had been visiting their friends, the Cheyennes. As near as could be ascertained, they organized and left their camps along Pawnee Creek about the 3d of August. Traveling northeast, they skirted around Fort Harker, and made their first appearance among the settlers in the Saline Valley, about thirty miles north of that post. Professing friendship and asking food at the farm-houses, they saw the unsuspecting occupants comply by giving all they could spare from their scanty stores. Knowing the Indian's inordinate fondness for coffee, particularly when well sweetened, they even served him this luxury freely. With this the demons began their devilish work. Pretending to be indignant because it was served them in tin cups, they threw the hot contents into the women's faces, and then, first making prisoners of the men, they, one after another, ravished the women till the victims became insensible. For some inexplicable reason the two farmers were neither killed nor carried off, so after the red fiends had gone, the unfortunate women were brought in to Fort Harker, their arrival being the first intimation to the military that hostilities had actually begun.

Leaving the Saline, this war-party crossed over to the valley of the Solomon, a more thickly settled region, and where the people were in better circumstances, their farms having been started two or three years before. Unaware of the hostile character of the raiders, the people here received them in the friendliest way, providing food, and even giving them ammunition, little dreaming of what was impending. These kindnesses were requited with murder and pillage, and worse, for all the women who fell into their hands were subjected to horrors indescribable by words. Here also the first murders were committed, thirteen men and two women being killed. Then, after burning five houses and stealing all the horses they could find, they turned back toward the Saline, carrying away as prisoners two little girls named Bell, who have never been heard of since.

It was probably the intention to finish, as they marched back to the south, the devilish work begun on the Saline, but before they reached that valley on the return, the victims left there originally had fled to Fort Harker, as already explained, and Captain Benteen was now nearing the little settlement with a troop of cavalry, which he had hurriedly marched from Fort Zarah. The savages were attacking the house of a Mr. Schermerhorn, where a few of the settlers had collected for defense, when Benteen approached. Hearing the firing, the troopers rode toward the sound at a gallop, but when they appeared in view, coming over the hills, the Indians fled in all directions, escaping punishment through their usual tactics of scattering over the Plains, so as to leave no distinctive trail.

When this frightful raid was taking place, Lieutenant Beecher, with his three scouts—Comstock, Grover, and Parr—was on Walnut Creek. Indefinite rumors about troubles on the Saline and Solomon reaching him, he immediately sent Comstock and Grover over to the headwaters of the Solomon, to the camp of a band of Cheyennes, whose chief was called "Turkey Leg," to see if any of the raiders belonged there; to learn the facts, and make explanations, if it was found that the white people had been at fault. For years this chief had been a special friend of Comstock and Grover. They had trapped, hunted, and lived with his band, and from this intimacy they felt confident of being able to get "Turkey Leg" to quiet his people, if any of them were engaged in the raid; and, at all events, they expected, through him and his band, to influence the rest of the Cheyennes. From the moment they arrived in the Indian village, however, the two scouts met with a very cold reception. Neither friendly pipe nor food was offered them, and before they could recover from their chilling reception, they were peremptorily ordered out of the village, with the intimation that when the Cheyennes were on the war-path the presence of whites was intolerable. The scouts were prompt to leave, of course, and for a few miles were accompanied by an escort of seven young men, who said they were sent with them to protect the two from harm. As the party rode along over the prairie, such a depth of attachment was professed for Comstock and Grover that, notwithstanding all the experience of their past lives, they were thoroughly deceived, and in the midst of a friendly conversation some of the young warriors fell suddenly to the rear and treacherously fired on them.

At the volley Comstock fell from his horse instantly killed. Grover, badly wounded in the shoulder, also fell to the ground near Comstock Seeing his comrade was dead, Grover made use of his friend's body to protect himself, lying close behind it. Then took place a remarkable contest, Grover, alone and severely wounded, obstinately fighting the seven Indians, and holding them at bay for the rest of the day. Being an expert shot, and having a long-range repeating rifle, he "stood off" the savages till dark. Then cautiously crawling away on his belly to a deep ravine, he lay close, suffering terribly from his wound, till the following night, when, setting out for Fort Wallace, he arrived there the succeeding day, almost crazed from pain and exhaustion.

Simultaneously with the fiendish atrocities committed on the Saline and Solomon rivers and the attack on Comstock and Grover, the pillaging and murdering began on the Smoky Hill stage-route, along the upper Arkansas River and on the headwaters of the Cimarron. That along the Smoky Hill and north of it was the exclusive work of, the Cheyennes, a part of the Arapahoes, and the few Sioux allies heretofore mentioned, while the raiding on the Arkansas and Cimarron was done principally by the Kiowas under their chief, Satanta, aided by some of the Comanches. The young men of these tribes set out on their bloody work just after the annuities and guns were issued at Larned, and as soon as they were well on the road the rest of the Comanches and Kiowas escaped from the post and fled south of the Arkansas. They were at once pursued by General Sully with a small force, but by the time he reached the Cimarron the war-party had finished its raid on the upper Arkansas, and so many Indians combined against Sully that he was compelled to withdraw to Fort Dodge, which he reached not without considerable difficulty, and after three severe fights.

These, and many minor raids which followed, made it plain that a general outbreak was upon us. The only remedy, therefore, was to subjugate the savages immediately engaged in the forays by forcing the several tribes to settle down on the reservations set apart by the treaty of Medicine Lodge. The principal mischief-makers were the Cheyennes. Next in deviltry were the Kiowas, and then the Arapahoes and Comanches. Some few of these last two tribes continued friendly, or at least took no active part in the raiding, but nearly all the young men of both were the constant allies of the Cheyennes and Kiowas. All four tribes together could put on the war-path a formidable force of about 6,000 warriors. The subjugation of this number of savages would be no easy task, so to give the matter my undivided attention I transferred my headquarters from Leavenworth to Fort Hays, a military post near which the prosperous town of Hays City now stands.

Fort Hays was just beyond the line of the most advanced settlements, and was then the terminus of the Kansas-Pacific railroad. For this reason it could be made a depot of supplies, and was a good point from which to supervise matters in the section of country to be operated in, which district is a part of the Great American Plains, extending south from the Platte River in Nebraska to the Red River in the Indian Territory, and westward from the line of frontier settlements to the foothills of the Rocky Mountains, a vast region embracing an area of about 150,000 square miles. With the exception of a half-dozen military posts and a few stations on the two overland emigrant routes—the Smoky Hill to Denver, and the Arkansas to New Mexico—this country was an unsettled waste known only to the Indians and a few trappers. There were neither roads nor well-marked trails, and the only timber to be found—which generally grew only along the streams—was so scraggy and worthless as hardly to deserve the name. Nor was water by any means plentiful, even though the section is traversed by important streams, the Republican, the Smoky Hill, the Arkansas, the Cimarron, and the Canadian all flowing eastwardly, as do also their tributaries in the main. These feeders are sometimes long and crooked, but as a general thing the volume of water is insignificant except after rain-falls. Then, because of unimpeded drainage, the little streams fill up rapidly with torrents of water, which quickly flows off or sinks into the sand, leaving only an occasional pool without visible inlet or outlet.

At the period of which I write, in 1868, the Plains were covered with vast herds of buffalo—the number has been estimated at 3,000,000 head—and with such means of subsistence as this everywhere at hand, the 6,000 hostiles were wholly unhampered by any problem of food-supply. The savages were rich too according to Indian standards, many a lodge owning from twenty to a hundred ponies; and consciousness of wealth and power, aided by former temporizing, had made them not only confident but defiant. Realizing that their thorough subjugation would be a difficult task, I made up my mind to confine operations during the grazing and hunting season to protecting the people of the new settlements and on the overland routes, and then, when winter came, to fall upon the savages relentlessly, for in that season their ponies would be thin, and weak from lack of food, and in the cold and snow, without strong ponies to transport their villages and plunder, their movements would be so much impeded that the troops could overtake them.

At the outbreak of hostilities I had in all, east of New Mexico, a force of regulars numbering about 2,600 men—1,200 mounted and 1,400 foot troops. The cavalry was composed of the Seventh and Tenth regiments; the infantry, of the Third and Fifth regiments and four companies of the Thirty-Eighth. With these few troops all the posts along the Smoky Hill and Arkansas had to be garrisoned, emigrant trains escorted, and the settlements and routes of travel and the construction parties on the Kansas-Pacific railway protected. Then, too, this same force had to furnish for the field small movable columns, that were always on the go, so it will be rightly inferred that every available man was kept busy from the middle of August till November; especially as during this period the hostiles attacked over forty widely dispersed places, in nearly all cases stealing horses, burning houses, and killing settlers. It was of course impossible to foresee where these descents would be made, but as soon as an attack was heard of assistance was always promptly rendered, and every now and then we succeeded in killing a few savages. As a general thing, though, the raiders escaped before relief arrived, and when they had a few miles the start, all efforts to catch them were futile. I therefore discouraged long pursuits, and, in fact, did not approve of making any at all unless the chances of obtaining paying results were very evident, otherwise the troops would be worn out by the time the hard work of the winter was demanded from them.

To get ready for a winter campaign of six months gave us much to do. The thing most needed was more men, so I asked for additional cavalry, and all that could be spareds—even troops of the Fifth Cavalry—was sent tome. Believing this reinforcement insufficient, to supplement it I applied for a regiment of Kansas volunteers, which request being granted, the organization of the regiment was immediately begun at Topeka. It was necessary also to provide a large amount of transportation and accumulate quantities of stores, since the campaign probably would not end till spring. Another important matter was to secure competent guides for the different columns of troops, for, as I have said, the section of country to be operated in was comparatively unknown.

In those days the railroad town of Hays City was filled with so called "Indian scouts," whose common boast was of having slain scores of redskins, but the real scout—that is, a 'guide and trailer knowing the habits of the Indians—was very scarce, and it was hard to find anybody familiar with the country south of the Arkansas, where the campaign was to be made. Still, about Hays City and the various military posts there was some good material to select from, and we managed to employ several men, who, from their experience on the Plains in various capacities, or from natural instinct and aptitude, soon became excellent guides and courageous and valuable scouts, some of them, indeed, gaining much distinction. Mr. William F. Cody ("Buffalo Bill"), whose renown has since become world-wide, was one of the men thus selected. He received his sobriquet from his marked success in killing buffaloes for a contractor, to supply fresh meat to the construction parties, on the Kansas-Pacific railway. He had given up this business, however, and was now in the employ of the quartermaster's department of the army, and was first brought to my notice by distinguishing himself in bringing me an important despatch from Fort Larned to Fort Hays, a distance of sixty-five miles, through a section infested with Indians. The despatch informed me that the Indians near Larned were preparing to decamp, and this intelligence required that certain orders should be carried to Fort Dodge, ninety-five miles south of Hays. This too being a particularly dangerous route—several couriers having been killed on it—it was impossible to get one of the various "Petes," "Jacks," or "Jims" hanging around Hays City to take my communication. Cody learning of the strait I was in, manfully came to the rescue, and proposed to make the trip to Dodge, though he had just finished his long and perilous ride from Larned. I gratefully accepted his offer, and after four or five hours' rest he mounted a fresh horse and hastened on his journey, halting but once to rest on the way, and then only for an hour, the stop being made at Coon Creek, where he got another mount from a troop of cavalry. At Dodge he took six hours' sleep, and then continued on to his own post—Fort Larned —with more despatches. After resting twelve hours at Larned, he was again in the saddle with tidings for me at Fort Hays, General Hazen sending him, this time, with word that the villages had fled to the south of the Arkansas. Thus, in all, Cody rode about 350 miles in less than sixty hours, and such an exhibition of endurance and courage was more than enough to convince me that his services would be extremely valuable in the campaign, so I retained him at Fort Hays till the battalion of the Fifth Cavalry arrived, and then made him chief of scouts for that regiment.

The information brought me by Cody on his second trip from Larned indicated where the villages would be found in the winter, and I decided to move on them about the 1st of November. Only the women and children and the decrepit old men were with the villages, however enough, presumably, to look after the plunder most of the warriors remaining north of the Arkansas to continue their marauding. Many severe fights occurred between our troops and these marauders, and in these affairs, before November 1 over a hundred Indians were killed, yet from the ease with which the escaping savages would disappear only to fall upon remote settlements with pillage and murder, the results were by no means satisfactory. One of the most noteworthy of these preliminary affairs was the gallant fight made on the Republican River the 17th of September by my Aide, Colonel George A. Forsyth, and party, against about seven hundred Cheyennes and Sioux. Forsyth, with Lieutenant Beecher, and Doctor J. H. Mooers as surgeon, was in charge of a company of citizen scouts, mostly expert rifle-shots, but embracing also a few Indian fighters, among these Grover and Parr. The company was organized the latter part of August for immediate work in defense of the settlements, and also for future use in the Indian Territory when the campaign should open there. About the time the company had reached its complement—it was limited to forty-seven men and three officers—a small band of hostiles began depredations near Sheridan City, one of the towns that grew up over-night on the Kansas-Pacific railway. Forsyth pursued this party, but failing to overtake it, made his way into Fort Wallace for rations, intending to return from there to Fort Hays. Before he started back, however, another band of Indians appeared near the post and stole some horses from the stage company. This unexpected raid made Forsyth hot to go for the marauders, and he telegraphed me for permission, which I as promptly gave him. He left the post on the 10th of September, the command consisting of himself, Lieutenant Beecher, Acting Assistant Surgeon Mooers, and the full strength, forty-seven men, with a few pack mules carrying about ten days' rations.

He headed north toward the Republican River. For the first two days the trail was indistinct and hard to follow. During the next three it continued to grow much larger, indicating plainly that the number of Indians ahead was rapidly increasing. Of course this sign meant a fight as soon as a large enough force was mustered, but as this was what Forsyth was after, he pushed ahead with confidence and alacrity. The night of the 16th of September he encamped on the Arickaree branch of the Republican, not far from the forks of the river, with the expectation of resuming the march as usual next day, for the indications were that the main body of the savages must be still a long way off, though in the preceding twenty-four hours an occasional Indian had been seen.

But the enemy was much nearer than was thought, for at daybreak on the morning of the 17th he made known his immediate presence by a sudden dash at Forsyth's horses, a few of which were stampeded and captured before the scouts could reach them. This dash was made by a small party only to get the horses, so those engaged in it were soon driven off, but a few minutes later hundreds of savages—it was afterward learned that seven hundred warriors took part in the fight —hitherto invisible, showed themselves on the hills overlooking the camp and so menacingly as to convince Forsyth that his defense must be one of desperation. The only place at hand that gave any hope of successful resistance was a small island in the Arickaree, the channel on one side being about a foot deep while on the other it was completely dry; so to this position a hurried retreat was made. All the men and the remaining animals reached the island in safety, but on account of the heavy fire poured in from the neighboring hills the packs containing the rations and medicines had to be abandoned.

On seeing Forsyth's hasty move, the Indians, thinking they had him, prepared to overwhelm the scouts by swooping down on one side of the island with about five hundred mounted warriors, while about two hundred, covered by the tall grass in the river-bottom attacked the other side, dismounted. But the brave little band sadly disappointed them. When the charge came it was met with such a deadly fire that a large number of the fiends were killed, some of them even after gaining the bank of the island. This check had the effect of making the savages more wary, but they were still bold enough to make two more assaults before mid-day. Each of these ending like the first, the Indians thereafter contented themselves with shooting all the horses, which had been tied up to some scraggy little cottonwood-trees, and then proceeded to lay siege to the party.

The first man struck was Forsyth himself. He was hit three times in all—twice in one leg, both serious wounds, and once on the head, a slight abrasion of the scalp. A moment later Beecher was killed and Doctor Mooers mortally wounded: and in addition to these misfortunes the scouts kept getting hit, till several were killed, and the whole number of casualties had reached twenty-one in a company of forty-seven. Yet with all this, and despite the seeming hopelessness of the situation, the survivors kept up their pluck undiminished, and during a lull succeeding the third repulse dug into the loose soil till the entire party was pretty well protected by rifle-pits. Thus covered they stood off the Indians for the next three days, although of course their condition became deplorable from lack of food, while those who were hurt suffered indescribable agony, since no means were at hand for dressing their wounds.

By the third day the Indians, seeming to despair of destroying the beleaguered party before succor might arrive, began to draw off, and on the fourth wholly disappeared. The men were by this time nearly famished for food. Even now there was nothing to be had except horse-meat from the carcasses of the animals killed the first day, and this, though decidedly unpalatable, not to say disgusting, had to be put up with, and so on such unwholesome stuff they managed to live for four days longer, at the end of which time they were rescued by a column of troops under Colonel Bankhead, which had hastened from Fort Wallace in response to calls for help, carried there by two brave fellows—Stilwell and Truedell—who, volunteering to go for relief, had slipped through the Indians, and struck out for that post in the night after the first day's fight.



CHAPTER XIII,

FITTING OUT THE WINTER EXPEDITION—ACCOMPANYING THE MAIN FORCE—THE OTHER COLUMNS—STRUCK BY A BLIZZARD—CUSTER'S FIGHT ON THE WASHITA —DEFEAT AND DEATH OF BLACK KETTLE—MASSACRE OF ELLIOTT'S PARTY —RELIEF OF COLONEL CRAWFORD.

The end of October saw completed the most of my arrangements for the winter campaign, though the difficulties and hardships to be encountered had led several experienced officers of the army, and some frontiersmen like Mr. James Bridger, the famous scout and, guide of earlier days, to discourage the project. Bridger even went so far as to come out from St. Louis to dissuade me, but I reasoned that as the soldier was much better fed and clothed than the Indian, I had one great advantage, and that, in short, a successful campaign could be made if the operations of the different columns were energetically conducted. To see to this I decided to go in person with the main column, which was to push down into the western part of the Indian Territory, having for its initial objective the villages which, at the beginning of hostilities, had fled toward the head-waters of the Red River, and those also that had gone to the same remote region after decamping from the neighborhood of Larned at the time that General Hazen sent Buffalo Bill to me with the news.