The New Orleans crescent., 1868-03-17


No. 2s. which removes the aldermen and asss-
tant aldermen Of the city OF New Orleans, there
10 named, and appointing othefr 10 their stead
also reinstating the members OF the Boards OF
Aldermen removed by said order, and directing
that they resume their duties as aldermen ana
assistant aldermen, the same as II said order had
not been issued. Ny action IN the removal Of tho
City ,Courcl of New Orleans, who are relnstatsd
by your order. was adopted after grave deloera-
ton. and. ss believe. was the result OF neces-
sity imposed on me which could not have been
avoided without disregard Of the int rest Of the
public service and Of the OBLIGATIONS imposed on me
BY the reconstruction act, and BY the order OF my
predecessor. II is in substance declared In the
reconstruction acts, that the governments Oh the
rebel States, IL continued, are to be continued
subject in all respects to the military commanders
OF the respective military districts; and in
section 6 Of the act passed March 2. 1851
it il enacted that until the people OF
said rebel States shall be, by law, admitted
to representation in the Congress OF the United
states, any civil government which exists therein
shall be decreed provisional only, in all respects
subject TO the paramount authority OF the United
States at any time to abolish. modify. control, or
supersede the same. Under the authority OF that
section my predecessor In command Of this dis
trict issued special order No. !, dated March
2s, 1867, in which he prohibited the holding OF
any elections for state, parish, municipal or judi.
cial Cficen in the State Of Louisiana, until the
provisions Of the laws of Congress shall have
been complied with. The Office of recorder for
the Second District IN Che city Of New Orleans Is
judicial Office Of great importance to the sd-
mnistretion Of criminal jnstice. By the laws OF
the State that officer is elected by vote OF the
people of the district. Since the order Of my
predecessor wes issued am not aware that any
slee.ioa By the reaple has been holden IN TIE
State 10 fill any office, nor am aware that the
City Council has, by its action. niled any Office
other than such as the council is authorized TO
I'll under the law creating the city government.
The city attorney referred to in your letter
fo an "a Tod 20 frop fhn Iara
business Of the city, and be is, by law, to be
chosen BY vote Of the City Council. The selec-
ton Of person to gil that Office is part Of the
duty imposed on the City Council by its charter,
after II once becomes an original body. The Of
fee Of recorder for one of the Districts into which
the city is divided il not an Office created by law
for the administration of municipal business, bat
il ia one in which the people Of the city at large
and the public in general are interested. II is
therefore, by law. filed in the ordinary condition
Of things BY an election by the people; and the
city council has no authority TO act 10 relation 10
it, except 1t be to provide temporarily to prevent
vacancy in il during the interval between the
election provided for BY law. II Is in no sense an
Office wiih:which the City Council has any concern
in the administration OF municipal business, aud,
in my opinion, was clearly embraced in the terms
of the order Of the 28th OF March 1861, issued by
my predecessor. The Jefferson City Council was
removed by General Mower because they Or
dered an election for the appointment of
their successors. This action on the part of the
City Council ives in direct contrayention Of
the order referred 10. and in my view the
action of the members Of the City Council Of New
Orleans in attempting TO fill the Office of recorder
for the Second District Of the city was not only
violation of that order but was also an assump-
ton on their part Of the right to exercise the
authority TO fll Offices of general nature. which
Is by the reconstruction acts specially delegated
to the district commanders. II is true that gen.
eral orders No 40, issued by me, TO which you re-
fer, declares that when insurrectionary force has
-.
city authorities ready 70 perform their duties,
the filitary power should cease to lead, and the
civil administration resume its natural and rghtfnl
dominion. and i conceive that no violence was
done TO the principles enumerated and declared
when gave effect to the order OF my predecessor
and restrained the members Of municipal body
from doing an act for which no existing law gave
them any authority. In conclusion will only OBJ
serve that | entertain serious apprehension that
the revocation of my order, and the reinstatement
OF the council removed by me. will be injurious TO
the public interest and increase the embarrass-
ments under which the community is now labor.
ing. Your order will be Immediately executed.
WI s. HASooSS: As'S. s.a:.rA
HEADQUARTERS ARMIES OF THE UNITED STATES,
Washington, ID. O., Feb. 20. 1868.
Msj.r General W. Hancock, Commanding Finh Military
GenTdf-Your telegraphic dispatch OF the
27!h instant, In reply 70 my order revcking your
order dispscing portion Of the City Council OF
New Orleans, and appointing their successors. is
received. There wss nothing Ia my order which
doubted your authority to make removals and ap-
pointments when the public exigency requires il.
only exercised an authority given to me as gen.
ersl OF the army. under which law both OF Us find
our authority TO act in such matters. Your order
of removal vas based on certain charges which
did not think were sustained by the facts as they
were presented to me. Dispatches OF such length
as yours should be sent by mail when there Is not
greater necessity for prompt reply than seems
TO exist in this case. Very respectfully, your
US GRANT. General.
A letter, Of which the following Is q copy, was
received at the headquarters Of the army OF the
United States March s. 1868:
HEADQUARTERS Firth MILITARY DISTRICT,
New Orleans, La. February 27, 1868.
Brevet Major General L Thomas Adjutsnt General o. g.
Amy Washington, ID @.
Generdl-I have the honor to transmit herewith
copies Of my correspondence with the generalin-
chief In reference to my recent action concerning
the removal from Office ofcertsin aldermen and
assistant aldermen Of the council Of the city of
New Orleans made by me for contempt Of the or
ders OF the district commander. / request that
the same may in the appropriate manner, as ex-
planatory Of my action and for his information,
be laid before his excellency the president of the
United Statee with this, my request to be relieved
from the command OF this military district, where
il is no longer useful or agreeable for me to serve.
When relieved, should the exigencies permit. it
would be most in accordance with my inc i1aiions
to be sent to St. LoIi No., there to await further
ORDERS / am, general. very respectfully, yodr
obedlent servant WINFIELD 8. HANCOCK,
Major General U. s. Army.
Appointments by Gen. Hancock.