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 Const.i.tutional convention, which met at New Orleans in April, 1864, and adjourned in July. The const.i.tution 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 const.i.tution 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 munic.i.p.al 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 const.i.tution of the State; and they sought to do this by rea.s.sembling 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 a.s.sembled (July 30), such bitterness of feeling prevailed that efforts were made by the mayor and city police to suppress the meeting. A b.l.o.o.d.y 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 ma.s.sacre--no milder term is fitting--and informing me that, to prevent further slaughter, General Baird, the senior military officer present, had a.s.sumed control of the munic.i.p.al 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 const.i.tution 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 a.s.sembled 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 Inst.i.tute, where the meeting was held, there were a.s.sembled some colored men, women, and children, perhaps eighteen (18) or twenty (20), and in the Inst.i.tute 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 Ca.n.a.l 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 Ca.n.a.l 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 Inst.i.tute 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 Inst.i.tute 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 Inst.i.tute, 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 pa.s.sed 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 a.s.semblage 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 pa.s.s 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 ma.s.sacre, 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 Sh.e.l.labarger, of Ohio, H. L. Elliot, of Ma.s.sachusetts, 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 dest.i.tute of justifiable cause, resulting in a ma.s.sacre 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 ma.s.sacre 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 const.i.tutional provision regarding the status of the emanc.i.p.ated slaves, and with no a.s.surances 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 a.s.sembled, 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 const.i.tute 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 a.s.sign 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 a.s.signed.
SEC. 3. And be it further enacted, That it shall be the duty of each officer a.s.signed 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 const.i.tution of government in conformity with the Const.i.tution 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 partic.i.p.ation in the rebellion, or for felony at common law; and when such const.i.tution 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 const.i.tution 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 const.i.tution 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 const.i.tution, shall have adopted the amendment to the Const.i.tution 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 Const.i.tution of the United States, said State shall be declared ent.i.tled 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 Const.i.tution of the United States shall be eligible to election as a member of the convention to frame a const.i.tution 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 ent.i.tled to vote, and none others, who are ent.i.tled 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 const.i.tutional amendment.
SCHUYLER COLFAX, Speaker of the House of Representatives.
LAFAYETTE S. FOSTER, President of the Senate pro tempore.
AN ACT supplementary to an act ent.i.tled "An act to provide for the more efficient government of the rebel States," pa.s.sed 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 a.s.sembled, That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act ent.i.tled "An act to provide for the more efficient government of the rebel States,"
pa.s.sed 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 G.o.d, 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 partic.i.p.ation 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 const.i.tution 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 Const.i.tution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do: so help me G.o.d."; 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 const.i.tution 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 const.i.tuting Virginia in the most numerous branch of the Legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.