Book: The Memoirs of General Philip H. Sheridan, Vol. II., Part 5

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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 New Orleans; Andrew S. Herron,
Attorney-General of the State of Louisiana; and John T. Monroe, Mayor
of the City of New Orleans. These removals were made under the
powers granted me in what is usually termed the 'military bill,'
passed March 2, 1867, by the Congress of the United States.

"I did not deem it necessary to give any reason for the removal of
these men, especially after the investigations made by the military
board on the massacre Of July 30, 1866, and the report of the
congressional committee on the same massacre; but as some inquiry has
been made for the cause of removal, I would respectfully state as
follows:

"The court over which judge Abell presided is the only criminal court
in the city of New Orleans, and for a period of at least nine months
previous to the riot Of July 30 he had been educating a large portion
of the community to the perpetration of this outrage, by almost
promising no prosecution in his court against the offenders, in case
such an event occurred. The records of his court will show that he
fulfilled his promise, as not one of the guilty has been prosecuted.

"In reference to Andrew J. Herron, Attorney-General of the State of
Louisiana, I considered it his duty to indict these men before this
criminal court. This he failed to do, but went so far as to attempt
to impose on the good sense of the whole nation by indicting the
victims of the riot instead of the rioters; in other words, making
the innocent guilty and the guilty innocent. He was therefore, in my
belief, an able coadjutor with judge Abell in bringing on the
massacre of July 30.

"Mayor Monroe controlled the element engaged in this riot, and when
backed by an attorney-general who would not prosecute the guilty, and
a judge who advised the grand jury to find the innocent guilty and
let the murderers go free, felt secure in engaging his police force
in the riot and massacre.

"With these three men exercising a large influence over the worst
elements of the population of this city, giving to those elements an
immunity for riot and bloodshed, the general-in-chief will see how
insecurely I felt in letting them occupy their respective positions
in the troubles which might occur in registration and voting in the
reorganization of this State.

"I am, General, very respectfully, your obedient servant,

"P. H. SHERIDAN,
"Major-General U. S. A.


"GENERAL U. S. GRANT,
"Commanding Armies of the United States,
"Washington, D. C."


To General Grant my reasons were satisfactory, but not so to the
President, who took no steps, however, to rescind my action, for he
knew that the removals were commended by well-nigh the entire
community in the city, for it will be understood that Mr. Johnson
was, through his friends and adherents in Louisiana and Texas, kept
constantly advised of every step taken by me. Many of these persons
were active and open opponents of mine, while others were spies,
doing their work so secretly and quickly that sometimes Mr. Johnson
knew of my official acts before I could report them to General Grant.

The supplemental Reconstruction act which defined the method of
reconstruction became a law despite the President's veto on March 23.
This was a curative act, authorizing elections and prescribing
methods of registration. When it reached me officially I began
measures for carrying out its provisions, and on the 28th of March
issued an order to the effect that no elections for the State,
parish, or municipal officers would be held in Louisiana until the
provisions of the laws of Congress entitled "An act to provide for
the more efficient government of the rebel States," and of the act
supplemental thereto, should have been complied with. I also
announced that until elections were held in accordance with these
acts, the law of the Legislature of the State providing for the
holding over of those persons whose terms of office otherwise would
have expired, would govern in all cases excepting only those special
ones in which I myself might take action. There was one parish,
Livingston, which this order did no reach in time to prevent the
election previously ordered there, and which therefore took place,
but by a supplemental order this election was declare null and void.

In April. I began the work of administering the Supplemental Law,
which, under certain condition of eligibility, required a
registration of the voter of the State, for the purpose of electing
delegate to a Constitutional convention. It therefore became
necessary to appoint Boards of Registration throughout the election
districts, and on April 10 the boards for the Parish of Orleans were
given out, those for the other parishes being appointed ten days
later. Before announcing these boards, I had asked to be advised
definitely as to what persons were disfranchised by the law, and was
directed by General Grant to act upon my own interpretation of it,
pending an opinion expected shortly from the Attorney-General--Mr.
Henry Stanbery--so, for the guidance of the boards, I gave the
following instructions:

"HEADQUARTERS FIFTH MILITARY DISTRICT.
"New Orleans, La., April 10, 1867.

"Special Orders, No. 15.

"....In obedience to the directions contained in the first section of
the Law of Congress entitled "An Act supplemental to an Act entitled
'An Act to provide for the more efficient government of the rebel
States'" the registration of the legal voters, according to that law
in the Parish of Orleans, will be commenced on the 15th instant, and
must be completed by the 15th of May.

"The four municipal districts of the City of New Orleans and the
Parish of Orleans, right bank (Algiers), will each constitute a
Registration district. Election precincts will remain as at present
constituted.

"....Each member of the Board of Registers, before commencing his
duties, will file in the office of the Assistant-Inspector-General at
these headquarters, the oath required in the sixth section of the Act
referred to, and be governed in the execution of his duty by the
provisions of the first section of that Act, faithfully administering
the oath therein prescribed to each person registered.

"Boards of Registers will immediately select suitable offices within
their respective districts, having reference to convenience and
facility of registration, and will enter upon their duties on the day
designated. Each Board will be entitled to two clerks. Office-hours
for registration will be from 8 o'clock till 12 A. M., and from 4
till 7 P. M.

"When elections are ordered, the Board of Registers for each district
will designate the number of polls and the places where they shall be
opened in the election precincts within its district, appoint the
commissioners and other officers necessary for properly conducting
the elections, and will superintend the same.

"They will also receive from the commissioners of elections of the
different precincts the result of the vote, consolidate the same, and
forward it to the commanding general.

"Registers and all officers connected with elections will be held to
a rigid accountability and will be subject to trial by military
commission for fraud, or unlawful or improper conduct in the
performance of their duties. Their rate of compensation and manner
of payment will be in accordance with the provisions of sections six
and seven of the supplemental act.

"....Every male citizen of the United States, twenty-one years old
and upward, of whatever race, color, or previous condition, who has
been resident in the State of Louisiana for one year and Parish of
Orleans for three months previous to the date at which he presents
himself for registration, and who has not been disfranchised by act
of Congress or for felony at common law, shall, after having taken
and subscribed the oath prescribed in the first section of the act
herein referred to, be entitled to be, and shall be, registered as a
legal voter in the Parish of Orleans and State of Louisiana.

"Pending the decision of the Attorney-General of the United States on
the question as to who are disfranchised by law, registers will give
the most rigid interpretation to the law, and exclude from
registration every person about whose right to vote there may be a
doubt. Any person so excluded who may, under the decision of the
Attorney-General, be entitled to vote, shall be permitted to register
after that decision is received, due notice of which will be given.

"By command of Major-General P. H. SHERIDAN,

"GEO. L. HARTSUFF,
"Assistant Adjutant-General."


The parish Boards of Registration were composed of three members
each. Ability to take what was known as the "ironclad oath" was the
qualification exacted of the members, and they were prohibited from
becoming candidates for office. In the execution of their duties
they were to be governed by the provisions of the supplemental act.
It was also made one of their functions to designate the number and
location of the polling-places in the several districts, to appoint
commissioners for receiving the votes and in general to attend to
such other matters as were necessary, in order properly to conduct
the voting, and afterward to receive from the commissioners the
result of the vote and forward it to my headquarters. These
registers, and all other officers having to do with elections, were
to be held to a rigid accountability, and be subject to trial by
military commission for fraud or unlawful or improper conduct in the
performance of their duties; and in order to be certain that the
Registration Boards performed their work faithfully and
intelligently, officers of the army were appointed as supervisors.
To this end the parishes were grouped together conveniently in
temporary districts, each officer having from three to five parishes
to supervise. The programme thus mapped out for carrying out the law
in Louisiana was likewise adhered to in Texas, and indeed was
followed as a model in some of the other military districts.

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