Memoirs of the Union's Three Great Civil War Generals Part 183

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 const.i.tution 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 a.s.semble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a const.i.tution 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 const.i.tution 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 const.i.tution 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 a.s.sembling; 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 const.i.tution meets the approval of a majority of all the qualified electors in the State, and if the said const.i.tution 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 const.i.tution shall be approved by Congress, the State shall be declared ent.i.tled 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, ent.i.tled "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.

Pa.s.sAGE 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 pa.s.sed 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 a.s.signing 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 a.s.signment, the Louisiana Legislature, then in special session, had rejected a proposed repeal of an Act it had previously pa.s.sed providing for an election of certain munic.i.p.al 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 a.s.signed to the district, a.s.suming 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 a.s.signment, having reached me a few days after, I regularly a.s.sumed control of the Fifth Military District on March 19, by an order wherein I declared the State and munic.i.p.al 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 inc.u.mbents 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 pa.s.sed 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 embarra.s.s me by every means in his power, not only on account of his p.r.o.nounced 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 munic.i.p.al 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 munic.i.p.al 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 p.r.o.nounce the Reconstruction acts unconst.i.tutional, 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,'

pa.s.sed 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 ma.s.sacre Of July 30, 1866, and the report of the congressional committee on the same ma.s.sacre; 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 ma.s.sacre 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 ma.s.sacre.

"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 munic.i.p.al officers would be held in Louisiana until the provisions of the laws of Congress ent.i.tled "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 Const.i.tutional 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 ent.i.tled "An Act supplemental to an Act ent.i.tled '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 munic.i.p.al districts of the City of New Orleans and the Parish of Orleans, right bank (Algiers), will each const.i.tute a Registration district. Election precincts will remain as at present const.i.tuted.

"....Each member of the Board of Registers, before commencing his duties, will file in the office of the a.s.sistant-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 ent.i.tled 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 ent.i.tled 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 ent.i.tled 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, "a.s.sistant Adjutant-General."