This convention, which admitted the effectual abolition of slavery in the South, assumed that those who had sustained loss by the policy of emancipation could rightfully petition Congress for compensation. The repeal was also advocated of those statutes and ordinances not in harmony with the Federal Constitution. Believing it consonant with “the chivalrous magnanimity” of President Johnson the convention earnestly appealed for an early general amnesty and a prompt restitution of property.

Almost a month preceding the meeting of this convention an address was circulated by the “National Conservative Union” party, whose representatives assembled one week later than the Democratic delegates. Its members opposed both an extension of suffrage to negroes and the calling of a new constitutional convention. Like the Democratic delegates they endorsed the reconstruction policy of the President. They approved the attitude of their conservative Northern friends who opposed radicalism and an elevation of the freedmen to political equality with whites. The doctrine of secession was repudiated, and to the payment of all obligations created in carrying on the war they declared themselves inflexibly opposed. They, too, favored the speedy passage of an act of general amnesty as well as a repeal of the confiscation law.

Governor Wells was also the choice of this convention. He accepted both nominations and perceived no inconsistency in doing so, never, he asserted, having been a strict party man. Mr. Wells, who had formerly been a Red River planter, proved his loyalty to the Federal Government by coming within the Union lines as soon as they were established, and bringing with him his slaves, thereby endangering somewhat his ownership.

Though he had not yet returned to his home, the friends of Henry Watkins Allen, the late Confederate executive, named him as their candidate for governor.

In the election, which was held at the appointed time, the entire vote polled was 27,808, of which Governor Wells received 23,312, and ex-Governor Allen, 5,497. In every county except one the Democratic ticket for members of the Legislature was successful.

Perhaps the most instructive incident of this contest was the part played by those known as “Radical” Republicans. These held a mass-meeting in the city of New Orleans on November 13 at which were adopted resolutions claiming the election to Congress of Henry C. Warmoth as territorial Delegate. When he subsequently appeared in Washington his case was brought to the attention of the House by Thaddeus Stevens, who offered, December 20, 1865, what purported to be a certificate of Warmoth’s election as Delegate from the “Territory of Louisiana.” On request of the Pennsylvania leader this document was referred to the Joint Committee on Reconstruction.[[449]]

This extreme element, which assumed to regard Louisiana as a Territory, polled 19,000 votes, most of which were alleged to have been cast by colored men. It declared the State organization repugnant to the Federal Constitution both in law and effect. The President, it was asserted, could not restore Louisiana by proclamation, for reinstatement could be accomplished in a constitutional manner only by petitioning Congress for admission whenever a majority of the people deemed such a course expedient, and the temper of the whites, nine tenths of whom were disloyal, rendered it inadvisable at that time to take such a step. The meeting rejoiced that the Republican party in the North had triumphed in the recent elections, for these victories pointed to ultimate success. The premature admission of Louisiana Congressmen, by placing the Union people under rebel rule, would be disastrous. However, as loyal citizens they would confine themselves to peaceable means of redress.

Warmoth appears shortly before the end of the war to have gone into Louisiana with the Union army, in which he is said by one authority to have acquired the reputation of a brave soldier and by another to have merited dismissal from its ranks.[[450]] By organizing the freedmen and insisting upon their political rights he won their confidence; his shrewdness and engaging address retained their gratitude. In this election his adherents not only sought to determine the Federal relations of Louisiana, but also conferred upon negroes the privilege of voting, for there was then no law of either the General or State government investing them with any such right.

The Legislature, which was convoked in special session, assembled at New Orleans on the 23d of November. The Governor’s message on that occasion related chiefly to such local objects as required the attention of the lawmaking body. By recommending an election of United States Senators Mr. Wells repudiated the action of the General Assembly, which, at the preceding session, had appointed Messrs. Smith and Cutler to represent the State. Acting upon the Governor’s suggestion, the latter was again chosen, with Hahn for his colleague. These appointments were intended to fill vacancies caused by the withdrawal, February 5, 1861, of John Slidell and Judah P. Benjamin.

One of the first acts of the lower House was the selection of a committee to consider a resolution which provided for assembling a convention to draft a State constitution. For reasons already assigned the majority report of this committee recommended the calling of a convention and counselled the Governor to order an election in which the question could be voted on by the people. The minority recognized the constitution of 1864 as binding, and on the ground of public economy preferred its amendment, especially as it had already acted favorably on the abolition of slavery. The adoption of the Thirteenth Amendment and the repeal of the ordinance of secession were mentioned by them as conditions essential to the recognition of Louisiana as a State and as indispensable to a restoration of all the privileges which that condition implied.