States, or with the obligations imposed upon the government by the condition of the country or by the antecedent exercise of lawful military authority. To the extent that these considerations obtain they are controlling considerations, and I cannot find that I have any authority to delegate the duties devolved upon me by my official position, or to evade the responsibilities which it imposes. I venture the suggestion, also, that the evils complained of, and which are so apparent and painful to all who are interested in the restoration of civil authority, will scarcely be obtained by the course you recommend, but will, in my judgment, give rise to complications that will embarrass not only the State but the general government.
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.
I take this occasion to assure your excellency of my hearty co-operation in your efforts to re-establish civil government, and in any measures that may be undertaken for the benefit of the State or people of Louisiana.
I shall be happy at all times to confer with you upon any of these subjects, and to give you, whenever necessary, any assistance that you may require.
- I have the honor to be, very respectfully, your obedient servant,
| E. R. S. CANBY, | |
| Major General, Commanding. |
His Excellency the Governor of Louisiana, New Orleans, La.
Official copy:
New Orleans, June 23, 1865.
General: I have the honor to acknowledge the receipt of your communication of the 16th instant, in answer to mine of the 13th, relating to the expediency of your revoking the appointment of all civil officers in the State made by military or semi-military authority. I desire to state that your views and suggestions, as regards your duty and proper course of action in the premises, are entirely satisfactory to me. For the care you have bestowed on the subject, and the earnest disposition you evince to do all in your power to promote the interests of civil government in this unfortunate State, by co-operating with and sustaining me in all legitimate measures to that end, I beg to return you, not only my own thanks, but
