Diogenes Of Sinope The Man In The Tub

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Diogenes Of Sinope The Man In The
Tub

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 Diogenes Of Sinope The
Man In The Tub

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.
Belle-Grove House ENLARGE
 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