The term of office of Juarez as President of the Mexican Republic expired in December, 1865, but to meet existing exigencies he had continued himself in office by proclamation, a course rendered necessary by the fact that no elections could be held on account of the Imperial occupation of most of the country. The official who, by the Mexican Constitution, is designated for the succession in such an emergency, is the President of the Supreme Court, and the person then eligible under this provision was General Ortega, but in the interest of the Imperialists he had absented himself from Mexico, hence the patriotic course of Juarez in continuing himself at the head of affairs was a necessity of the situation. This action of the President gave the Imperialists little concern at first, but with the revival of the Liberal cause they availed themselves of every means to divide its supporters, and Ortega, who had been lying low in the United States, now came forward to claim the Presidency. Though ridiculously late for such a step, his first act was to issue a manifesto protesting against the assumption of the executive authority by Juarez. The protest had little effect, however, and his next proceeding was to come to New Orleans, get into correspondence with other disaffected Mexicans, and thus perfect his plans. When he thought his intrigue ripe enough for action, he sailed for Brazos, intending to cross the Rio Grande and assert his claims with arms. While he was scheming in New Orleans, however, I had learned what he was up to, and in advance of his departure had sent instructions to have him arrested on American soil. Colonel Sedgwick, commanding at Brownsville, was now temporary master of Matamoras also, by reason of having stationed some American troops there for the protection of neutral merchants, so when Ortega appeared at Brazos, Sedgwick quietly arrested him and held him till the city of Matamoras was turned over to General Escobedo, the authorized representative of Juarez; then Escobedo took charge, of Ortega, and with ease prevented his further machinations.

During the winter and spring of 1866 we continued covertly supplying arms and ammunition to the Liberals—sending as many as 30,000 muskets from Baton Rouge Arsenal alone—and by mid-summer Juarez, having organized a pretty good sized army, was in possession of the whole line of the Rio Grande, and, in fact, of nearly the whole of Mexico down to San Louis Potosi. Then thick and fast came rumors pointing to the tottering condition of Maximilian's Empire-first, that Orizaba and Vera Cruz were being fortified; then, that the French were to be withdrawn; and later came the intelligence that the Empress Carlotta had gone home to beg assistance from Napoleon, the author of all of her husband's troubles. But the situation forced Napoleon to turn a deaf ear to Carlotta's prayers. The brokenhearted woman besought him on her knees, but his fear of losing an army made all pleadings vain. In fact, as I ascertained by the following cablegram which came into my hands, Napoleon's instructions for the French evacuation were in Mexico at the very time of this pathetic scene between him and Carlotta. The despatch was in cipher when I received it, but was translated by the telegraph operator at my headquarters, who long before had mastered the key of the French cipher:

"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La.

"To GENERAL CASTELNAU, at Mexico.

"Received your despatch of the 9th December. Do not compel the Emperor to abdicate, but do not delay the departure of the troops; bring back all those who will not remain there. Most of the fleet has left.

"NAPOLEON."

This meant the immediate withdrawal of the French. The rest of the story—which has necessarily been but in outline—is soon told. Maximilian, though deserted, determined to hold out to the last, and with the aid of disloyal Mexicans stuck to his cause till the spring. When taken prisoner at Queretaro, he was tried and executed under circumstances that are well known. From promptings of humanity Secretary Seward tried hard to save the Imperial prisoner, but without success. The Secretary's plea for mercy was sent through me at New Orleans, and to make speed I hired a steamer to proceed with it across the Gulf to Tampico. The document was carried by Sergeant White, one of my scouts, who crossed the country from Tampico, and delivered it to Escobedo at Queretaro; but Mr. Seward's representations were without avail—refused probably because little mercy had been shown certain Liberal leaders unfortunate enough to fall into Maximilian's hands during the prosperous days of his Empire.

At the close of our war there was little hope for the Republic of Mexico. Indeed, till our troops were concentrated on the Rio Grande there was none. Our appearance in such force along the border permitted the Liberal leaders, refugees from their homes, to establish rendezvous whence they could promulgate their plans in safety, while the countenance thus given the cause, when hope was well-nigh gone, incited the Mexican people to renewed resistance. Beginning again with very scant means, for they had lost about all, the Liberals saw their cause, under the influence of such significant and powerful backing, progress and steadily grow so strong that within two years Imperialism had received its death-blow. I doubt very much whether such, results could have been achieved without the presence of an American army on the Rio Grande, which, be it remembered, was sent there because, in General Grant's words, the French invasion of Mexico was so closely related to the rebellion as to be essentially a part of it.



CHAPTER X.

A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS—ASSEMBLES A CONSTITUTIONAL CONVENTION—THE TEXANS DISSATISFIED—LAWLESSNESS —OPPRESSIVE LEGISLATION—EX-CONFEDERATES CONTROLLING LOUISIANA—A CONSTITUTIONAL CONVENTION—THE MEETING SUPPRESSED—A BLOODY RIOT—MY REPORTS OF THE MASSACRE—PORTIONS SUPPRESSED BY PRESIDENT JOHNSON —SUSTAINED BY A CONGRESSIONAL COMMITTEE—THE RECONSTRUCTION LAWS.

Although in 1865-66 much of my attention was directed to international matters along the Rio Grande, the civil affairs of Texas and Louisiana required a certain amount of military supervision also in the absence of regularly established civil authority. At the time of Kirby Smith's surrender the National Government had formulated no plan with regard to these or the other States lately in rebellion, though a provisional Government had been set up in Louisiana as early as 1864. In consequence of this lack of system, Governor Pendleton Murray, of Texas, who was elected under Confederate rule, continued to discharge the duties of Governor till President Johnson, on June 17, in harmony with his amnesty proclamation of May 29, 1865, appointed A. J. Hamilton provisional Governor. Hamilton was empowered by the President to call a Constitutional convention, the delegates to which were to be elected, under certain prescribed qualifications, for the purpose of organizing the political affairs of the State, the Governor to be guided by instructions similar to those given the provisional Governor of North Carolina (W. W. Holden), when appointed in May.

The convening of this body gave rise to much dissatisfaction among the people of Texas. They had assumed that affairs were to go on as of old, and that the reintegration of the State was to take place under the administration of Governor Murray, who, meanwhile, had taken it upon himself, together with the Legislature, to authorize the election of delegates to a State Convention, without restriction as to who should be entitled to vote. Thus encouraged, the element but lately in armed rebellion was now fully bent on restoring the State to the Union without any intervention whatever of the Federal Government; but the advent of Hamilton put an end to such illusions, since his proclamation promptly disfranchised the element in question, whose consequent disappointment and chagrin were so great as to render this factor of the community almost uncontrollable. The provisional Governor at once rescinded the edict of Governor Murray, prohibited the assembling of his convention, and shortly after called, one himself, the delegates to which were to b chosen by voters who could take the amnesty-oath. The proclamation convening this assemblage also announced the policy that would be pursued in governing the State until its affairs were satisfactorily reorganized, defined in brief the course to be followed by the Judiciary, and provided for the appointment, by the Governor, of county officials to succeed those known to be disloyal. As this action of Hamilton's disfranchised all who could not take the amnesty oath, and of course deprived them of the offices, it met at once with pronounced and serious opposition, and he quickly realized that he had on his hands an arduous task to protect the colored people, particularly as in the transition state of society just after the close of the war there prevailed much lawlessness, which vented itself chiefly on the freedmen. It was greatly feared that political rights were to be given those so recently in servitude, and as it was generally believed that such enfranchisement would precipitate a race war unless the freedmen were overawed and kept in a state of subjection, acts of intimidation were soon reported from all parts of the State.

Hamilton, an able, determined, and fearless man, tried hard to curb this terrorism, but public opinion being strong against him, he could accomplish little without military aid. As department commander, I was required, whenever called upon, to assist his government, and as these requisitions for help became necessarily very frequent, the result was that shortly after he assumed his duties, detachments of troops were stationed in nearly every county of the State. By such disposition of my forces fairly good order was maintained under the administration of Hamilton, and all went well till the inauguration of J. W. Throckmorton, who, elected Governor in pursuance of an authorization granted by the convention which Hamilton had called together, assumed the duties of the office August 9, 1866.

One of Governor Throckmorton's first acts was to ask the withdrawal or non-interference of the military. This was not all granted, but under his ingenious persuasion President Johnson, on the 13th of August, 1866, directed that the new State officials be entrusted with the unhampered control of civil affairs, and this was more than enough to revive the bulldozing methods that had characterized the beginning of Hamilton's administration. Oppressive legislation in the shape of certain apprentice and vagrant laws quickly followed, developing a policy of gross injustice toward the colored people on the part of the courts, and a reign of lawlessness and disorder ensued which, throughout the remote districts of the State at least, continued till Congress, by what are known as the Reconstruction Acts, took into its own hands the rehabilitation of the seceded States.

In the State of Louisiana a provisional government, chosen by the loyal element, had been put in operation, as already mentioned, as early as 1864. This was effected under encouragement given by President Lincoln, through the medium of a Constitutional convention, which met at New Orleans in April, 1864, and adjourned in July. The constitution then agreed upon was submitted to the people, and in September, 1864, was ratified by a vote of the few loyal residents of the State.

The government provided under this constitution being looked upon as provisional merely, was never recognized by Congress, and in 1865 the returned Confederates, restored to citizenship by the President's amnesty proclamation, soon got control of almost all the State. The Legislature was in their hands, as well as most of the State and municipal offices; so, when the President, on the 20th of August, 1866, by proclamation, extended his previous instructions regarding civil affairs in Texas so as to have them apply to all the seceded States, there at once began in Louisiana a system of discriminative legislation directed against the freedmen, that led to flagrant wrongs in the enforcement of labor contracts, and in the remote parishes to numbers of outrages and murders.

To remedy this deplorable condition of things, it was proposed, by those who had established the government of 1864, to remodel the constitution of the State; and they sought to do this by reassembling the convention, that body before its adjournment having provided for reconvening under certain conditions, in obedience to the call of its president. Therefore, early in the summer of 1866, many members of this convention met in conference at New Orleans, and decided that a necessity existed for reconvening the delegates, and a proclamation was issued accordingly by B. K. Howell, President-pro-tempore.

Mayor John T. Monroe and the other officials of New Orleans looked upon this proposed action as revolutionary, and by the time the convention assembled (July 30), such bitterness of feeling prevailed that efforts were made by the mayor and city police to suppress the meeting. A bloody riot followed, resulting, in the killing and wounding of about a hundred and sixty persons.

I happened to be absent from the city at the time, returning from Texas, where I had been called by affairs on the Rio Grande. On my way up from the mouth of the Mississippi I was met on the night of July 30 by one of my staff, who reported what had occurred, giving the details of the massacre—no milder term is fitting—and informing me that, to prevent further slaughter, General Baird, the senior military officer present, had assumed control of the municipal government. On reaching the city I made an investigation, and that night sent the following report of the affair:

"HEADQUARTERS MILITARY DIVISION OF THE GULF, "NEW ORLEANS, LA., Aug. 1, 1866.

"GENERAL U. S. GRANT:

"You are doubtless aware of the serious riot which occurred in this city on the 30th. A political body, styling themselves the Convention of 1864, met on the 30th, for, as it is alleged, the purpose of remodeling the present constitution of the State. The leaders were political agitators and revolutionary men, and the action of the convention was liable to produce breaches of the public peace. I had made up my mind to arrest the head men, if the proceedings of the convention were calculated to disturb the tranquility of the Department; but I had no cause for action until they committed the overt act. In the meantime official duty called me to Texas, and the mayor of the city, during my absence suppressed the convention by the use of the police force, and in so doing attacked the members of the convention, and a party of two hundred negroes, with fire-arms, clubs, and knives, in a manner so unnecessary and atrocious as to compel me to say that it was murder. About forty whites and blacks were thus killed, and about one hundred and sixty wounded. Everything is now quiet, but I deem it best to maintain a military supremacy in the city for a few days, until the affair is fully investigated. I believe the sentiment of the general community is great regret at this unnecessary cruelty, and that the police could have made any arrest they saw fit without sacrificing lives.

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

On receiving the telegram, General Grant immediately submitted. it to the President. Much clamor being made at the North for the publication of the despatch, Mr. Johnson pretended to give it to the newspapers. It appeared in the issues of August 4, but with this paragraph omitted, viz.:

"I had made up my mind to arrest the head men, if the proceedings of the convention were calculated to disturb the tranquility of the Department, but I had no cause for action until they committed the overt act. In the mean time official duty called me to Texas, and the mayor of the city, during my absence, suppressed the convention by the use of the police force, and in so doing attacked the members of the convention, and a party of two hundred negroes, with fire-arms, clubs, and knives, in a manner so unnecessary and atrocious as to compel me to say it was murder."

Against this garbling of my report—done by the President's own order —I strongly demurred; and this emphatic protest marks the beginning of Mr. Johnson's well-known personal hostility toward me. In the mean time I received (on August 3) the following despatch from General Grant approving my course:

"HEADQUARTERS ARMIES OF THE UNITED STATES, "WAR DEPT., WASHINGTON, D. C., "August 3, 1866—5 p.m.

"MAJOR-GENERAL P. H. SHERIDAN, "Commanding Mil. Div. of the Gulf, "New Orleans, La.

"Continue to enforce martial law, so far as may be necessary to preserve the peace; and do not allow any of the civil authorities to act, if you deem such action dangerous to the public safety. Lose no time in investigating and reporting the causes that led to the riot, and the facts which occurred.

"U. S. GRANT, "Lieutenant-General."

In obedience to the President's directions, My report of August 1 was followed by another, more in detail, which I give in full, since it tells the whole story of the riot:

"HEADQUARTERS MILITARY DIVISION OF THE GULF, "NEW ORLEANS, LA., August 6, 1866.

"His EXCELLENCY ANDREW JOHNSON, "President United States

"I have the honor to make the following reply to your despatch of August 4. A very large number of colored people marched in procession on Friday night, July twenty-seven (27), and were addressed from the steps of the City Hall by Dr. Dostie, ex-Governor Hahn, and others. The speech of Dostie was intemperate in language and sentiment. The speeches of the others, so far as I can learn, were characterized by moderation. I have not given you the words of Dostie's speech, as the version published was denied; but from what I have learned of the man, I believe they were intemperate.

"The convention assembled at twelve (12) M. on the thirtieth (30), the timid members absenting themselves because the tone of the general public was ominous of trouble. I think there were about twenty-six (26) members present. In front of the Mechanics Institute, where the meeting was held, there were assembled some colored men, women, and children, perhaps eighteen (18) or twenty (20), and in the Institute a number of colored men, probably one hundred and fifty (150). Among those outside and inside there might have been a pistol in the possession of every tenth (10) man.

"About one (1) p. m. a procession of say from sixty (60) to one hundred and thirty (130) colored men marched up Burgundy Street and across Canal Street toward the convention, carrying an American flag. These men had about one pistol to every ten men, and canes and clubs in addition. While crossing Canal Street a row occurred. There were many spectators on the street, and their manner and tone toward the procession unfriendly. A shot was fired, by whom I am not able to state, but believe it to have been by a policeman, or some colored man in the procession. This led to other shots and a rush after the procession. On arrival at the front of the Institute there was some throwing of brickbats by both sides. The police, who had been held well in hand, were vigorously marched to the scene of disorder. The procession entered the Institute with the flag, about six (6) or eight (8) remaining outside. A row occurred between a policeman and one of these colored men, and a shot was again fired by one of the parties, which led to an indiscriminate fire on the building through the windows by the policemen. This had been going on for a short time, when a white flag was displayed from the windows of the Institute, whereupon the firing ceased, and the police rushed into the building.

"From the testimony of wounded men, and others who were inside the building, the policemen opened an indiscriminate fire upon the audience until they had emptied their revolvers, when they retired, and those inside barricaded the doors. The door was broken in, and the firing again commenced, when many of the colored and white people either escaped throughout the door or were passed out by the policemen inside; but as they came out the policemen who formed the circle nearest the building fired upon them, and they were again fired upon by the citizens that formed the outer circle. Many of those wounded and taken prisoners, and others who were prisoners and not wounded, were fired upon by their captors and by citizens. The wounded were stabbed while lying on the ground, and their heads beaten with brickbats. In the yard of the building, whither some of the colored men had escaped and partially secreted themselves, they were fired upon and killed or wounded by policemen. Some were killed and wounded several squares from the scene. Members of the convention were wounded by the police while in their hands as prisoners, some of them mortally.

"The immediate cause of this terrible affair was the assemblage of this Convention; the remote cause was the bitter and antagonistic feeling which has been growing in this community since the advent of the present Mayor, who, in the organization of his police force, selected many desperate men, and some of them known murderers. People of clear views were overawed by want of confidence in the Mayor, and fear of the thugs, many of which he had selected for his police force. I have frequently been spoken to by prominent citizens on this subject, and have heard them express fear, and want of confidence in Mayor Monroe. Ever since the intimation of this last convention movement I must condemn the course of several of the city papers for supporting, by their articles, the bitter feeling of bad men. As to the merciless manner in which the convention was broken up, I feel obliged to confess strong repugnance.

"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 3oth 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.

THE END