3. The provisional government, of which the Hon. M. Hahn was the executive, by appointment of the President, upon nomination by the people at an election held under military authority.
4. The constitutional government, organized under the constitution adopted by the convention in July, 1864, and ratified by the people at an election held in September of that year. Of this government the Hon. J.M. Wells is the present executive.
This government has not yet been recognized by Congress, and its relation to the military authority of the department has never been clearly defined. Being restrained by constitutional limitations, its powers are necessarily imperfect, and it is frequently necessary to supplant them by military authority. Many of the civil officers still hold their positions by the tenure of military appointments holding over until elections can be held under the constitution. These appointments may be vacated by the commander of the department, and, if under the constitution the power of appointment reside in the governor, be filled by him: if it does not, the appointment must be filled by the military commander. Very few removals and no appointments have been made by me during my command of the department; but the governor has been advised that all persons holding office by the tenure of military appointment were subject to military supervision and control, and would not be permitted to interfere in the duties committed to him by the President of restoring "civil authority in the State of Louisiana;" that upon his recommendation, and for cause, such officers would be removed; and if the power of appointment was not under the constitution vested in him, the appointment would be made by the department commander, if, upon his recommendation, there was no disqualifying exception.
The instructions to the military commanders, in relation to the previous governments, were general, and I believe explicit; but, as their application passed away with the existence of these governments, it is not necessary to refer to them here. Those that relate to the constitutional government are very brief, so far, at least, as they have reached me. In a confidential communication from his excellency to the late President, in which he deprecated, in strong terms, any military interferences, and expressed very freely his own views and wishes, he concluded by saying that "the military must be judge and master so long as the necessity for the military remains;" and, in my instructions from the War Department, of May 28, 1865, the Secretary of War says: "The President directs me to express his wish that the military authorities render all proper assistance to the civil authorities in control in the State of Louisiana, and not to interfere with its action further than it may be necessary for the peace and security of the department."
These directions and wishes have been conclusive, and I have given to the civil authorities whatever support and assistance they required, and have abstained from any interference with questions of civil or local State administration, except when it was necessary to protect the freedmen in their newly acquired rights, and to prevent the local courts from assuming jurisdiction in cases where, of law and of right, the jurisdiction belongs inclusively to the United States courts or United States authorities. With the appointments made by the governor I have no right to interfere unless the appointees are disqualified by coming under some one of the exceptions made by the President in his proclamation of May 29, 1865, or, (as in one or two instances that have occurred,) in the case of double appointments to the same office, when a conflict might endanger the peace and security of the department.
My personal and official intercourse with the governor has been of the most cordial character. I have had no reason to distrust his wish and intention to carry out the views of the President. I do distrust both the loyalty and the honesty (political) of some of his advisers, and I look with apprehension upon many of the appointments made under these influences during the past two months. The feeling and temper of that part of the population of Louisiana which was actively engaged in or sympathized with the rebellion have also materially changed within that period.
The political and commercial combinations against the north are gaining in strength and confidence every day. Political, sectional, and local questions, that I had hoped were buried with the dead of the past four years, are revived. Independent sovereignty, State rights, and nullification, where the power to nullify is revoked, are openly discussed. It may be that these are only ordinary political discussions, and that I attach undue importance to them from the fact that I have never before been so intimately in contact with them; but, to my judgment, they indicate very clearly that it will not be wise or prudent to commit any question involving the paramount supremacy of the government of the United States to the States that have been in insurrection until the whole subject of restoration has been definitively and satisfactorily adjusted.
Before leaving this subject I think it proper to invite your attention to the position of a part of the colored population of this State. By the President's proclamation of January 1, 1863, certain parishes in this State (thirteen in number) were excepted from its provisions—the condition of the negroes as to slavery remaining unchanged until they were emancipated by the constitution of 1864. If this constitution should be rejected (the State of Louisiana not admitted under it) the legal condition of these people will be that of slavery until this defect can be cured by future action.
The government of the city of New Orleans, although administered by citizens, derives its authority from military orders, and its offices have always been under the supervision and control of the commander of the department, or of the military governor of the State. The present mayor was appointed by Major General Hurlbut, removed by Major General Banks, and reinstated by myself. Under the constitution and laws of the State the principal city offices are elective, but the time has not yet been reached when an election for these offices should be held. Although standing in very different relations from the State government, I have thought it proper to apply the same rule, and have not interfered with its administration except so far as might be necessary to protect the interests of the government, or to prevent the appointment to offices of persons excepted by the President's proclamation.
Very respectfully, your obedient servant,