The New York herald., 1867-02-12

They no 'unawful assembly" within the meaning
an act Of prayer and the responses made upon the cali
Of names OF persons present Third, act OF umu or
violence was committed or designed, and no circum-
pe." The "riot Of the day was not the oct Of those
Of the convention their fienda was the
and the slaughter Of men white and coored
within the hall that made the srotf there within the
exact definition OF Judge Abels charge In our judg
ment these citizens had night TO meet they did and
70 do what done by them II cannot be entertained
II the act desired finally TO be was 70 change the
constitution and II that could legally done In
he way proposed therefore the meeting was or be-
came unlawful in the language Of cnminrl Law. Be-
that u not such act as the law conempaes The
s.act which makes meeting ''unlawful must be an
OF physical violence or force And the class OF
among whom the authors and defenders Of
stood the law The action OF the House Of Representa-
tives has been referred TO- Mayor Monroe was IN oce
yet he did deem the House san unlawful assembly"
nor did Judge Abe charge the jury In view Of their in
dctment But this action Of the House Of Representa-
tyes by the dsoya element which also originated and
now excuses or defends the not Of July an estoppe
upou the rebel elements OF Louisiana In oil logical and
moral aspects Of the matter because ls Ihs legisla
tive action proposed and began TO effect the same evo-
luonary change Of the government In disregard o the
requirements or the constitution OF 1854 which u
alleged made the dispensing OF the convention by vio
no ony no bsen s Wh as
authors and defenders OF the riot class are the nu
thors Of the revolutionary action OF the Legislature "a
impossible say that the act OF peaceably
assembling made the convention unlawful one with
out regard to what proposed to DO Il equally I'M
70 convenns can alone turn an
assembly, that the time when the Assembly adopted
tho purpose whether before it convened or after at all
material II ts purposes render II unlawful then II
unlawful whenever that purpose present as an ele
ment OF the assembly. It Is undenabe. therefore, that
purpose can make it such) after began entertain the
purposes and plans for changing the government Sd.
Much more would the Legislature be unlawful, FOR not
only proposed but began TO act and moreover declared
the government under which II met TO be fraud and
crime.
What is the condition Of affairs In louisiana and what
legislative action should be had Il has been made the
duty Of the committee 70 report to the House upon both
these questions The present constitution OF Louisiana
was held 10 ratified by the suages OF the people
the 5th day OF September 1854 and has hitherto been
accepted willingly OF Otherwise as ne oganc law 2. Inc
the time essential the proper civil government Of the
State. The justice or expsdiency or legality OF that
action have been subjects OF inquiry by tho commit
tee Possibly II general surrender OF rebel armies
and the entire annihaton Of rebel orRanzatons civil
have been maintained in loyal hands and vanquished
traitors least not pardoned and paid for treason the
strength Of loyalty would have increased and the body
Of the people, dsloyai heretofore by of public
pressure or moral duress military force would have
been returned their allegiance and sustained with heart
the they had fought against but which had
at ali times treated them with parental kindness. And
the surrender fresh, and the defeated leaders
had yielded up the sword and political traitors were
fleeing from the land seeking quiet away from public
life such did appear to be the we founded hope Of
loyal men In the future. But 1t began 10 be soon APP
parent that treason defeated and dsarmed TO have
one chance moro 10 retrieve its fortunes Under the
provisions Of act OF Congress entitled 10 be and de-
signed act to suppress rebellion but comforting in
one OF is sections power upon the President, before
convic ol bad charge complaint made to grant
amnesty DaroD the people OF Louisiana found that
m.o Lad hrld ban oi,e. military and civil, and that
policy ts sued winch discounenanced punish
ment and sfes,n speedy restoration to political
favor an, 4scrs Of trust OF the men who had
beep acve l.i lfil and IN council in support
Of tho rchelia here this time large bodies of
retugn.u- Their homes in Louisiana who were,
wien the cen on OF 1864 was ratified. iu the armies
OF the rcbei government. There were at home large
numbers Of men Who had in different ways supported
the rebellion Among both Of these classes many
men woald have been found and would have remained
loyal had not appeared 70 them that the chief execn
tive MAGISTRATE disposed 10 pardon and TO honor by
Office and political favor their military and civil leaders,
aud the eject Of this policy became apparent in the Ian
guage and department Of the people Az nrs willing 70
weld and 20 return allegiance, they became
assuming bold and defiant Under the constitution Of
1894 claimed be restored 70 political rights
and 70 At the pos and 20 came TO pass that sub
stan,ally all authority, Of the offices in
the State and all legislative and municipal power have
been conferred upon .returned rebels and nov
controlled by them Tn is emnenty true in the city
of New Orleans, where known and distinguished rebels
and only such as they occupy the chief Paces of rus
and power The Mayor, confeesedly bold and bad man
who was also Mayor during the rebellion, and marked
for violent and bitter hatred Of the government Of
Union, and OF who loved the government both
white and black OF Southern Of Northern birth, n
Mayor OF the city by the choice Of the people OF
active officer the rebellion. He In service the
OF the surrender In April 1885. All the appointees
Of the Mayor, the whole consabuary and poic force
with amost exception, are composed of men
who have rendered efficient service toward the
overthrow Of the government OF the Union To
have been a rebel Is q recommendation for office.
To supported the Union cause, and especially
fought in the Union army, is known disqualification.
Prescription OF the friends OF the Union has been
carried largely into the public schools Teachers male
and female have been removed where the teaching II
the cniIdrcn was in Union ways Where Union songs
have been taught the children and national suug
within schools the teachers have paid tho penalty
for the offence by loss of place and employment The
this prescription has been IL deemed OF :
poranes ascertain How far in schools supported
puoiic EXPENSE, where white children of all classes
instructed and where must he found the future rulers Of
aairs-irends foes of the government hereafter
they taught Ia childhood 10 reverence and
tain or TO oppose it-enorts are made 10 excu De
teachers because they friendly government
chs Union aud teach their children To hate treason nd
rebellion II testified to by irs y. Maria Taylor uiat
about two hundred and thirty female teachers we're m
ployed that one hundred and Ten OF th EN-
dismissed that known given pt-
,,sr ,,ehcps ws nraaned 70 che sa, me posns
The afdavils Of several persons connected with the
management OF the schools we're received by the
mittoe among which that OF the supesnepd ent VI
public schools But u s not In terms denied TINT
hundred teachers had been removed bsrause Of
known hdoity 10 the Uni0n, intimated that the
opinions Of those retained understood with
inquiry. This afdsvit tends 70 prove tho truth OF
the siatensnt that the teachers mot retained were dis
mssed because faithful and honest love the Union
and Of their instructions In that regard
Tho bitter hostility the part OF tho controlling por-
ton Of the popuat,on against citizens known and dstin-
gulshed for their friendship toward the Union and their
love OF froe Institutions Is otherwise manifested
the general tens Of the public press in business and
cia e theatre and church. In courts Of law In the
home and the street The presence OF the military
power tho United States and the Freedmens Bureau
sustained by military arm, measurably protect te prop
erty and person Of Union snen- IL tbese were with
drawn sniety would found except in flight There
are a AhIs moment many men, not Of Northern birth
Aione bat OF native OF Southern origin who exes
from Louisiana They havcbcen driven from homo by
threat suation and by well grounded apprehen
son thai rether family hcme safe within that
stae IL tbey remained Bono have sold their estates
and remosed With ntant 70 return. Some have left
their home in ths hope that tetter days might come,
when ret,rn would not invite obIoqoy ostra.
csm violence. hut II ID very certain, and fair ex.
animation or the mass Of evidence taken upon THE
point by the committee will denonstrste that while Il
may 30 true that social consideration and success n
business may be secured by those who content 20
live and SPEAK offend preudices OF rebes
returned from tho army, or those Who without courage
light when federal armies invested their homes now
atone of bravery BY defiant anathema against
Northern men and Yankee rule, yet that the carntst
Union man, known such, whsthor he may have been
In tho early days Of the rebellion lod aside FOR while