Freed persons; Reconstruction (U.S. history, 1865-1877); Southern States -- Politics and government -- 1865-1950
This government has not yet been recognized by Congress, and its relation
to the military authority of the department has never been clearly
defined. Being restrained by constitutional limitations, its powers are
necessarily imperfect, and it is frequently necessary to supplant them by
military authority. Many of the civil officers still hold their positions
by the tenure of military appointments holding over until elections can be
held under the constitution. These appointments may be vacated by the
commander of the department, and, if under the constitution the power of
appointment reside in the governor, be filled by him: if it does not, the
appointment must be filled by the military commander. Very few removals
and no appointments have been made by me during my command of the
department; but the governor has been advised that all persons holding
office by the tenure of military appointment were subject to military
supervision and control, and would not be permitted to interfere in the
duties committed to him by the President of restoring "civil authority in
the State of Louisiana;" that upon his recommendation, and for _cause_,
such officers would be removed; and if the power of appointment was not
under the constitution vested in him, the appointment would be made by the
department commander, if, upon his recommendation, there was no
disqualifying exception.
The instructions to the military commanders, in relation to the previous
governments, were general, and I believe explicit; but, as their
application passed away with the existence of these governments, it is not
necessary to refer to them here. Those that relate to the constitutional
government are very brief, so far, at least, as they have reached me. In a
confidential communication from his excellency to the late President, in
which he deprecated, in strong terms, any military interferences, and
expressed very freely his own views and wishes, he concluded by saying
that "the military must be judge and master so long as the necessity for
the military remains;" and, in my instructions from the War Department, of
May 28, 1865, the Secretary of War says: "The President directs me to
express his wish that the military authorities render all proper
assistance to the civil authorities in control in the State of Louisiana,
and not to interfere with its action further than it may be necessary for
the peace and security of the department."
Public-domain text, read in full here on John Shaqi.
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