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superseded, or abolished.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.