The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-14
NEW ORLEANS COUNCILMEN.
THE CORRESPONDENCE IN RELATION
THERETO.
GEN. HihCUcrs LETTER REQUESTING TO Be
RELIEVED.

On the 10Th, General Grant transmitted to the
House additional correspondence In relation TO
the removal OF certain members of the City Coun-
Gil Of New Orleans. II appears, from the papers,
that these members Joined in a memorial, in
which, among other things, they said they were
removed by special order, for having proceeded
to hold an election for recorder of New Orleans,
in contempt of an order from headquarters Of
General Hancock. They remark that when Gen.
Sheridan reconstructed the City Council Ire did an
act of Justice to the newly enfranchised citizens
of Louisiana and Of the United States, by ap
pointing q few representatives, OF their race as
members Of the Common Council.
By removing the aforesaid members. not
single representative Of that class Of newly made
citizens remains to defend their rights and inter-
ests in the government Of the city, to the pros
perity of which their labor, capital and industry
so largely contributed. On the 2lst Of February
Major General Rawlings, chief OF staff, wrote to
Major General Hancock, by order Of Gen sral
Grant. acknowledging the receipt OF General Han
cocks letter in response to kilograms from the
general commanding the army, dated the Sth ult.,
In the matter of the removal Of certain aldermen
and assistant aldermen Of the city OF New Or
leans, for contempt Of a nj itary order. He also
Acknowledges the receipt of q memorandum Of
the assistant aldermen. General Rawlings says,
in conclusion, after setting forth all the facts IL the
case
"On assuming command Of the district you an.
Dounced in general order No. 4, dated November
20, 1867, that II was your purpose to preserve
peace and quiet in your command, and that as
means Of this great end you regarded the mainte-
nance Of the civil authorities ia the faithful exc
cution Of the laws as the most efficient under ex-
listing circumstances. Also that when the civil
authorities are ready and willing TO perform THAR
duties, the military power should cease TO lead,
and the civil administration resume its natural aud
rightful dominion. Under this state of facts, the
CITY Council of New Orleans mightreasonably have
presumed 1t to be their fight and duty, especially
under the order OF the court, audyour order No.
40, to I'll the vacancy IN the Office OF recorder. II
appears they did. from your report Of this case,
dated February Is, 1865. The same fact, too, in
connection with the printed proceedings embraced
in your report of February Is, 1868. precudes the
presumption Of any intention of contempt Of the
military authority by the members Of Che City
Council.
The ease Of the Jefferson City Council il not
deemed a parallel one--in this, that they had not
their own unquestioned practice in similar cases,
ncr the order Of the department commander to
justify them. There being no contempt-0f mill
fary authority intended by the Board OF Aldermen
and Assistant Aldermen Of New Orleans, relieved
by special order No. g. dated in February. and
proper administration of the reconstruction sets
not requiring their removal, said special order re
ieving the aldermen and assistant aldermen herein
named, and the appointment Of others in their
stead, is hereby disapproved and revoked and the
members Of such Board Of Aldermen AID Assls-
taDt Aldermen removed by 1t are hereby reiR-
stated, and viii resume their duties so aldermen
and assistant aldermen Of the city of New Orleans
the same as If said order had not been issued. You
VIII please carry tins into effect.'
On the 9th OF February. Major General Han
cock telegraphed 70 General Grant saying what
he did was adopted after grave deberat0a, and
he believed WIS the result of necessity impose
upon him which could not be avoided without a
disregard OF the interests of the public service
and OF the obligations imposed upon him by the
reconstruction act and by order Of his pre-
decessor.
After explaining at length the state Of the case,
he concludes by saying Il conceive no violence
was done TO the principles enumerated and de-.
clared, when gave effect 70 the order Of my pre-
decessor and restrained the members Of the mu-
nicipal body from doing an act for which no ex-
isting law gave them authority. | entertained
serious apprehensicns OF the reversion OF my order
and reinstatement Of the council removed by me
proving injurious 70 the public interest, and in
creasing the embarrassment under which the
commander Is laboring. Your orders will be i'm.
nediately executed"
Gen. Grant, in a letter dated Feb. Is, addressed
to Major Gen. Hancock, says;
There was nothing in my order which doubted
your authority TO make removals and appoint
ments when the public exIgency required Il.
only exercise an authority given TO me as general
OF the army, 10 the law under which both Of Us
find our authority 70 act in these matters. Your
order Of removal was based on certain charges
which did not think were sustained by the facts
as they were presented
Gen. Hancock. on the 27th February. wrote to
Adjufant Gen Thomas as follows:
[" General have the honor 70 transmit copies
of my correspondence with the generan-chief In
reference 10 my recent action concerning the re-
movsl from Office Of certain aldermen aud assist
ant aldermen OF the council Of New Orleans, made
by me for contempt Of the order Of the district
commander. request that the same may, in an
appropriate manner and as explanatory Of my
action and for his information, be laid before the
president, with this my requestto be relieved from
command Of this district where it is no longer
useful or agreeable to remain. When relieved,
should the exigencies Of the service permit il
would be most IN accordance with my inclination
TO be sent TO st. Louis, Missouri to await further
orders.n