Personal Memoirs of P. H. Sheridan, General, United States Army Part 28

"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."

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 munic.i.p.al 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 circ.u.mstances 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 inst.i.tute 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 pa.s.sed 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 a.s.sistant 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 Const.i.tution 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 pa.s.sed a bill continuing the commissioners in office but as the act was pa.s.sed 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 pa.s.sed 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 a.s.sociations of the North.

"To obviate this trouble, and to secure to the overflowed districts of the State the immediate relief which the honest disburs.e.m.e.nt 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: