Freed persons; Reconstruction (U.S. history, 1865-1877); Southern States -- Politics and government -- 1865-1950
All officers who hold their offices by the tenure of military appointment
are subject to military authority and control, and will not be permitted
to interfere in any manner whatever with the exercise of functions that
have been committed to you as governor of Louisiana. If they are obnoxious
to the charge of misconduct in office, or of obstructing you in your
efforts to re-establish civil government, they will, upon your
recommendation, be removed. If, under the constitution and laws of the
State, the power of appointment resides in the governor, my duty will be
ended by vacating the appointment. If the office is elective, the military
appointment will be cancelled so soon as the successor is elected and
qualified. In the alternative cases the removal will be made, and
successors recommended by you, and against whom there are no disqualifying
charges, will be appointed.
This, in my judgment, is the only course which will remove all legal
objections, or even legal quibbles.
I desire to divest myself as soon as possible of all questions of civil
administration, and will separate, as soon and as far as I can, all such
questions from those that are purely military in their character, and
commit them to the care of the proper officers of the civil government.
Some of these questions are complicated in their character, and involve
not only private and public interests, but the faith of the national
government; originating in the legal exercise of military authority, they
can only be determined by the same authority.
There is another consideration, not directly but incidentally involved in
the subject of your communication, to which I have the honor to invite
your attention. The results of the past four years have worked many
changes both as to institutions and individuals within the insurrectionary
States, giving to some of the interests involved an absolutely national
character, and in others leaving the relations between the general
government and the States undetermined. So far as Congress has legislated
upon these subjects, it has placed them under the direct control of the
general government, and under the laws of nations and laws of war the same
principle applies to the other subject. Until Congress has legislated upon
this subject, or until Executive authority sanctions it, no questions of
this character will be committed to the jurisdiction of the local courts.
I make these suggestions to you for the reason that I have already found a
strong disposition in some sections of the country to forestall the action
of the general government by bringing these subjects more or less directly
under the control of the local courts; and I have neither the authority
nor the disposition to establish precedents that may possibly embarrass
the future action of the government.
Public-domain text, read in full here on John Shaqi.
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