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.
Although Military Commissions were fully authorized by the Reconstruction acts, yet I did not favor their use in governing the district, and probably would never have convened one had these acts been observed in good faith. I much preferred that the civil courts, and the State and municipal authorities already in existence, should perform their functions without military control or interference, but occasionally, because the civil authorities neglected their duty, I was obliged to resort to this means to ensure the punishment Of offenders. At this time the condition of the negroes in Texas and Louisiana was lamentable, though, in fact, not worse than that of the few white loyalists who had been true to the Union during the war. These last were singled out as special objects of attack, and were, therefore, obliged at all times to be on the alert for the protection of their lives and property. This was the natural outcome of Mr. Johnson's defiance of Congress, coupled with the sudden conversion to his cause of persons in the North—who but a short time before had been his bitterest enemies; for all this had aroused among the disaffected element new hopes of power and place, hopes of being at once put in political control again, with a resumption of their functions in State and National matters without any preliminary authorization by Congress. In fact, it was not only hoped, but expected, that things were presently to go on just as if there had been no war.
In the State of Texas there were in 1865 about 200,000 of the colored race—roughly, a third of the entire population—while in Louisiana there were not less than 350,000, or more than one-half of all the people in the State. Until the enactment of the Reconstruction laws these negroes were without rights, and though they had been liberated by the war, Mr. Johnson's policy now proposed that they should have no political status at all, and consequently be at the mercy of a people who, recently their masters, now seemed to look upon them as the authors of all the misfortunes that had come upon the land. Under these circumstances the blacks naturally turned for protection to those who had been the means of their liberation, and it would have been little less than inhuman to deny them sympathy. Their freedom had been given them, and it was the plain duty of those in authority to make it secure, and screen them from the bitter political resentment that beset them, and to see that they had a fair chance in the battle of life. Therefore, when outrages and murders grew frequent, and the aid of the military power was an absolute necessity for the protection of life, I employed it unhesitatingly—the guilty parties being brought to trial before military commissions—and for a time, at least, there occurred a halt in the march of terrorism inaugurated by the people whom Mr. Johnson had deluded.