The New Orleans crescent., 1868-03-17
Especial Dispatch to the ssw York Times ]


WASHINGTON, Tuesday, March 10.
General Grant sent to-day to the House, in re-
sponse 10 the resolution adopted yesterday, the
additional correspondence between himself aud
Gen. Hancock, relating to the removal OF the
New Orleans aldermen. The correspondence
concerning the Jefferson City removals, cited by
Gen. Hancock as a parallel ease, was also sub
mitted, bat it is not important as bearing upon
this case. The following is all the additional cor
respondence in full, beginning with Gen. Grants
letter revoking General Hancock's order Of re.
moval, and ending with the iatter's request
through the adjutant general, to be relieved from
command:
HEADQUARTERS ARMIES UNITED STATES
Washington, ID. c., Feb. 81, 1865. I
NsjSS esa W. 8. Hancock. Commanding Fifth Military
General-Your report of date the 18th instant,
In response to telegram of the general com
manding the army, dated the 9Th instant, in the
matter of the removal Of certain aldermen and
assistant aldermen Of the city of New Orleans
for contempt OF military orders, is received. Ia
the same matter there has also been received
. memorial from said aldermen and assistant al
dermen. From the report and memorial and
your previous kilograms the following facts sp-
pear: The Office OF recorder of the city Of New
Orleans Is elective by the people; but in case
of vacancy it Is made the duty by law Of the
Boards Of Aldermen and Assistant Aldermen in
joint meeting to elect ufud uoce person to fli
the vacancy. The Office OF recorder Of the Sec
ond District Of New Orleans was, by the Supreme
Court of Louisiana adjudged vacant; and the
city Of New Orleans was ordered to be notified
to proceed according 10 law to elect q recorder
for said district, which judgment was made fnal
January 20, 1858. In pursuance Of this order Of
the court, the Boards Of Aldermen and Assistant
Aldermen met in Joint session on the 4th of Fub-
ruary, 1868, TO elect recorder for said
Second District. At this session was read
q Communication written By Capt. Chand.
lerx assistant secretary Of civil affairs, and
purportng TO be by your direction inviting atten.
tion to the first and second sections Of the supple.
mentary reconstruction act of Congress passed
July 10, 1867 and TO paragraph two, special order
No. z. from headquarters Fifth Military District,
dated March rs, 1867. At the date Of this commu.
nicsffon, namely, January rs, 1868, and before
any action OF either branch OF the council had
been had relative to the election therein referred
TO, you we're absent from the city Of New Orleans,
In the State of Texas. This communication did
not In terms forbid the election; neither did the
sections OF the act to which il referred except as
IL might be inferred from the second section,
wherein the district commander is empowered,
under certain restrictions, to Gil vacancies occe-
stoned by death, resignation otherwise. Sec
tlon nine OF this act, as well as the original recon-
struction act Of March 2. 1867, recognizes tie
right Of the State and municipal authorities to az
point and elect officers under certain restrictions
and limitations but the exercise of this right s
subject TO the authority of the district COM
msnder. Subsequent to the Issuing OF special Or
der No. q referred to, and during the admlnistra-
tion Of Gems. Sheridan and Mower, the CITY Jun
Gil Of New Orleans did In some cases
NIL vacancies in corporation Offices
under the provisions of section "a OF the city
charter Of New Orleans in the same manner ss Is
provided for 1lng the vacancy In the office Of re-
corcer, and after you assumed command the ONCE
OF city attorney was filed under the same author
ify ard In the same manner. No exception was
taken in any case by any Of the district command
ers 10 such action. On assuming command OF
the district. you announced in general order No.
40, ef November 20, 1867, that II was your pur-
pose 70 preserve .s peace and quiet in your COM
regarded the maintenance Of the civil authorities
in the faithful execution Of the laws 90 the most
efficient under existing circumstances also, that
when the civil authorities ready and willing 10
perform their duties the military power should
TO lead. and the civil administration resume
Its natural and rightfni dominion. Under this
statement OF facts the City Council Of New
!, 1resns = might ,h reasonably have presumed
the order Of the court, and your order No.
40, TO Ill the vacancy In the office Of recorder g.
II appears they did from your report of this
case, dated February Is, 1865. The same facts,
too, In connection with the printed report of their
proceedings, embraced in your report OF Feb. is,
ls5e. preciudes the presumption Of any intended
contempt OF the military authority by the mem
bers OF the City Council. The case Of the Jener-
son City Council IL net deemed parallel one, in
this: That they had not their own unquestioned
acts In similar cases. nor the other of the district
commander to justify them, there being no con-
tempt military authority intended By the boards
New Orleans. removed BY special orders No. rs,
headquarters Fifth Military District, dated Feb T.
1858 and proper administration OF the recon-
struction scts not requiring their removal, said
special order, removing the aldermen and assis-
tsnt aldermen therein named, and Appointing
Others In their stead, Is hereby disapproved and
revoked, and the members OF the Boards Of Alder
men and AsEstant Aldermen removed by il are
hereby reinststed and viii resume their duties as
aldermen and assistant aldermen of the citv ~
New Orleans. the SAM as IL said order had moi
pesn issued You VIII please carry this into ensot
By command of eKS. aa.xr
John A. Ravlins, brevet major general aud chief
OF itAf. '-'''
CIPHER TELEGRAM.
NEW ORLEANS, Feb. 27, 1858.