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Personal Memoirs-2 [84]

By Root 607 0
On learning of

this unwarranted and unlawful proceeding, Mayor Heath demanded an

investigation by the Common Council, but this body, taking its cue

from the evident intention of the President to render abortive the

Reconstruction acts, refused the mayor's demand. Then he tried to

have the treasurer and comptroller restrained by injunction, but the

city attorney, under the same inspiration as the council, declined to

sue out a writ, and the attorney being supported in this course by

nearly all the other officials, the mayor was left helpless in his

endeavors to preserve the city's credit. Under such circumstances he

took the only step left him--recourse to the military commander; and

after looking into the matter carefully I decided, in the early part

of August, to give the mayor officials who would not refuse to make

an investigation of the illegal issue of certificates, and to this

end I removed the treasurer, surveyor, comptroller, city attorney,

and twenty-two of the aldermen; these officials, and all of their

assistants, having reduced the financial credit of New Orleans to a

disordered condition, and also having made efforts--and being then

engaged in such--to hamper the execution of the Reconstruction laws.



This action settled matters in the city, but subsequently I had to

remove some officials in the parishes--among them a justice of the

peace and a sheriff in the parish of Rapides; the justice for

refusing to permit negro witnesses to testify in a certain murder

case, and for allowing the murderer, who had foully killed a colored

man, to walk out of his court on bail in the insignificant sum of

five hundred dollars; and the sheriff, for conniving at the escape

from jail of another alleged murderer. Finding, however, even after

these removals, that in the country districts murderers and other

criminals went unpunished, provided the offenses were against negroes

merely (since the jurors were selected exclusively from the whites,

and often embraced those excluded from the exercise of the election

franchise) I, having full authority under the Reconstruction laws,

directed such a revision of the jury lists as would reject from them

every man not eligible for registration as a voter. This order was

issued August 24, and on its promulgation the President relieved me

from duty and assigned General Hancock as my successor.





"HEADQUARTERS FIFTH MILITARY DISTRICT,

"NEW ORLEANS, LA., August 24, 1867.



"SPECIAL ORDERS, No. 125.



"The registration of voters of the State of Louisiana, according to

the law of Congress, being complete, it is hereby ordered that no

person who is not registered in accordance with said law shall be

considered as, a duly qualified voter of the State of Louisiana. All

persons duly registered as above, and no others, are consequently

eligible, under the laws of the State of Louisiana, to serve as

jurors in any of the courts of the State.



"The necessary revision of the jury lists will immediately be made by

the proper officers.



"All the laws of the State respecting exemptions, etc., from jury

duty will remain in force.



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



"GEO. L. HARTNUFF, Asst. Adj't-General."





Pending the arrival of General Hancock, I turned over the command of

the district September 1 to General Charles Griffin; but he dying of

yellow fever, General J. A. Mower succeeded him, and retained command

till November 29, on which date General Hancock assumed control.

Immediately after Hancock took charge, he revoked my order of August

24 providing for a revision of the jury lists; and, in short,

President Johnson's policy now became supreme, till Hancock himself

was relieved in March, 1868.



My official connection with the reconstruction of Louisiana and Texas

practically closed with this order concerning the jury lists. In my

judgment this had become a necessity, for
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