he concurs with me that the course I have indicated in the correspondence with him is not only the legal but the only course that will avoid the appeals to the local courts by interested or designing men, which are now dividing those who profess to be working for the same object—the re-establishment of civil authority throughout the State.
Then, in addition, many questions, in which the interests of the government are directly involved, or in which the relations of the general government to the States, as affected by the rebellion, are left unsettled by any adequate legislation. I do not think it will be wise to commit any of these questions, either directly or indirectly, to the jurisdiction of the State or other local courts, and will not so commit them unless instructed to do so.
It is very possible that in the varied and complicated questions that will come up there may be differences of opinion between the governor and myself, but there shall be no discord of action, and I will give to his efforts the fullest support in my power.
- I have the honor to be, very respectfully, sir,
| E. R. S. CANBY, | |
| Major General Commanding. |
The Secretary of War, Washington, D. C.
Official copy:
New Orleans, June 10, 1865.
General: There is a class of officers holding and exercising the duties of civil officers in this State who claim to hold their right to the same by virtue of deriving their appointment from military authority exercised either by General Shepley as military governor, or Michael Hahn, and in some cases by Major General Banks, commander of the department of the Gulf. These men resist my power to remove on the ground that I am not clothed with military power, although the offices they fill are strictly civil offices, and the power of appointing to the same to fill vacancies (which constructively exist until the office is filled according to law) is one of my prerogatives as civil governor. To dispossess these men by legal process involves delay and trouble. Many of the persons so holding office are obnoxious to the charges of official misconduct and of obstructing my efforts to re-establish civil government.
For the purpose, therefore, of settling the question, and relieving the civil government of the State from the obstructions to its progress caused by the opposition of these men, I would respectfully suggest to you, general, the expediency of your issuing an order revoking all appointments made by military or semi-military authority to civil offices in this State prior to the 4th of March, 1865, the date on which I assumed the duties of governor. I fix that date because it is only since that period the governor has been confined to strictly civil powers, and what military power has been exercised since in appointments to office has been from necessity and was unavoidable.
I throw out these suggestions, general, for your consideration. On my recent visit to the capital I had full and free conversation with President Johnson on the subject of reorganizing civil government in Louisiana, and while deprecating the interference of military power in civil government beyond the point of actual necessity, yet he fully appreciated the difficulties of my position, and assured me that I should be sustained by him in all necessary and legal measures to organize and uphold civil government.
- I have the honor to be, very respectfully, &c.,
Governor of Louisiana.
Major General E. R. S. Canby, Commanding Department of the Gulf.
Official copy:
New Orleans, June 19, 1865.
Sir: I have the honor to acknowledge the receipt of your communication of the 10th instant, asking me to revoke all appointments made by military or semi-military authority to civil offices in the State prior to the 4th of March, 1865.
I have given this subject the attention and serious consideration which its importance demands, and I find it complicated not only with the private and public interests of the people and State of Louisiana, but also with the direct interests of the government of the United
