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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:26:20 -0700 |
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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/5858-0.txt b/5858-0.txt new file mode 100644 index 0000000..596586d --- /dev/null +++ b/5858-0.txt @@ -0,0 +1,3718 @@ +MEMOIRS OF GENERAL SHERIDAN, Vol. II., Part 5 + + +The Project Gutenberg EBook of The Memoirs of General Philip H. Sheridan, +Vol. II., Part 5, by P. H. Sheridan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Memoirs of General Philip H. Sheridan, Vol. II., Part 5 + +Author: P. H. Sheridan + +Release Date: June 7, 2004 [EBook #5858] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF GENERAL SHERIDAN *** + + + + +Produced by David Widger + + + + +PERSONAL MEMOIRS OF + +P. H. SHERIDAN + +Volume II. + +Part 5 + +[Illustration] + +[Illustration] + +[Illustration] + + +CONTENTS + +CHAPTER VI. +Battle of Dinwiddie Court House—Pickett Repulsed —Reinforced by the +Fifth Corps—Battle of Five Forks—Turning the Confederate Left—An +Unqualified Success—Relieving General Warren—The Warren Court of +Inquiry—General Sherman's Opinion + +CHAPTER VII. +Result of the Battle of Five Forks—Retreat of Lee —An Intercepted +Despatch—At Amelia Court House —Battle of Sailor's Creek—The +Confederates' Stubborn Resistance—A Complete Victory —Importance of the +Battle + +CHAPTER VIII. +Lincoln's Laconic Despatch—Capturing Lee's Supplies —Delighted +Engineers—The Confederates' Last Effort—A Flag of Truce—General Geary's +"Last Ditch" Absurdity—Meeting of Grant and Lee —The Surrender—Estimate +of General Grant + +CHAPTER IX. +Ordered to Greensboro', N. C.—March to the Dan River—Assigned to the +Command West of the Mississippi—Leaving Washington—Flight of General +Early—Maximilian—Making Demonstrations on the Upper Rio +Grande—Confederates Join Maximilian—The French Invasion of Mexico, and +its Relations to the Rebellion—Assisting the Liberals—Restoration of +the Republic + +CHAPTER X. +A. J. Hamilton Appointed Provisional Governor of Texas—Assembles a +Constitutional Convention —The Texans +Dissatisfied—Lawlessness—Oppressive +Legislation—Ex-Confederates—Controlling Louisiana—A Constitutional +Convention—The Meeting Suppressed—A Bloody Riot—My Reports of the +Massacre—Portions Suppressed by President Johnson—Sustained by a +Congressional Committee —The Reconstruction Laws + +CHAPTER XI. +Passage of the Reconstruction Act Over the President's Veto—Placed in +Command of the Fifth Military District—Removing Officers—My Reasons for +Such Action—Affairs in Louisiana and Texas —Removal of Governor +Wells—Revision of the jury Lists—Relieved from the Command of the Fifth +Military District + +ILLUSTRATIONS + +Belle-Grove House. General Sheridan's Headquarters at Cedar Creek +Portrait of General Horatio G. Wright + +LIST OF MAPS + +Battle-field of Dinwiddie Court House +Battle-field of Five Forks +Battle-field of Sailor's Creek +Seventh Expedition—The Appomattox Campaign +Eighth Expedition—To the Dan River and Return + + + + +Volume II. + +Part 5 + +By Philip Henry Sheridan + + + + +CHAPTER VI. + + +BATTLE OF DINWIDDIE COURT HOUSE—PICKETT REPULSED—REINFORCED BY THE +FIFTH CORPS—BATTLE OF FIVE FORKS—TURNING THE CONFEDERATE LEFT—AN +UNQUALIFIED SUCCESS—RELIEVING GENERAL WARREN—THE WARREN COURT OF +INQUIRY—GENERAL SHERMAN'S OPINION. + +The night of March 30 Merritt, with Devin's division and Davies's +brigade, was camped on the Five Forks road about two miles in front of +Dinwiddie, near J. Boisseau's. Crook, with Smith and Gregg's brigades, +continued to cover Stony Creek, and Custer was still back at Rowanty +Creek, trying to get the trains up. This force had been counted while +crossing the creek on the 29th, the three divisions numbering 9,000 +enlisted men, Crook having 3,300, and Custer and Devin 5,700. + +During the 30th, the enemy had been concentrating his cavalry, and by +evening General W. H. F. Lee and General Rosser had joined Fitzhugh Lee +near Five Forks. To this force was added, about dark, five brigades of +infantry—three from Pickett's division, and two from Johnson's—all +under command of Pickett. The infantry came by the White Oak road from +the right of General Lee's intrenchments, and their arrival became +positively known to me about dark, the confirmatory intelligence being +brought in then by some of Young's scouts who had been inside the +Confederate lines. + +On the 31st, the rain having ceased, directions were given at an early +hour to both Merritt and Crook to make reconnoissances preparatory to +securing Five Forks, and about 9 o'clock Merritt started for the +crossroads, Davies's brigade supporting him. His march was necessarily +slow because of the mud, and the enemy's pickets resisted with +obstinacy also, but the coveted crossroads fell to Merritt without much +trouble, as the bulk of the enemy was just then bent on other things. +At the same hour that Merritt started, Crook moved Smith's brigade out +northwest from Dinwiddie to Fitzgerald's crossing of Chamberlain's +Creek, to cover Merritt's left, supporting Smith by placing Gregg to +his right and rear. The occupation of this ford was timely, for +Pickett, now in command of both the cavalry and infantry, was already +marching to get in Merritt's rear by crossing Chamberlain's Creek. + +To hold on to Fitzgerald's ford Smith had to make a sharp fight, but +Mumford's cavalry attacking Devin, the enemy's infantry succeeded in +getting over Chamberlain's Creek at a point higher up than Fitzgerald's +ford, and assailing Davies, forced him back in a northeasterly +direction toward the Dinwiddie and Five Forks road in company with +Devin. The retreat of Davies permitted Pickett to pass between Crook +and Merritt, which he promptly did, effectually separating them and +cutting off both Davies and Devin from the road to Dinwiddie, so that +to get to that point they had to retreat across the country to B. +Boisseau's and then down the Boydton road. + +Gibbs's brigade had been in reserve near the intersection of the Five +Forks and Dabney roads, and directing Merritt to hold on there, I +ordered Gregg's brigade to be mounted and brought to Merritt's aid, for +if Pickett continued in pursuit north of the Five Forks road he would +expose his right and rear, and I determined to attack him, in such +case, from Gibbs's position. Gregg arrived in good season, and as soon +as his men were dismounted on Gibbs's left, Merritt assailed fiercely, +compelling Pickett to halt and face a new foe, thus interrupting an +advance that would finally have carried Pickett into the rear of +Warren's corps. + +It was now about 4 o'clock in the afternoon and we were in a critical +situation, but having ordered Merritt to bring Devin and Davies to +Dinwiddie by the Boydton road, staff-officers were sent to hurry Custer +to the same point, for with its several diverging roads the Court House +was of vital importance, and I determined to stay there at all hazards. + At the same time orders were sent to Smith's brigade, which, by the +advance of Pickett past its right flank and the pressure of W. H. F. +Lee on its front, had been compelled to give up Fitzgerald's crossing, +to fall back toward Dinwiddie but to contest every inch of ground so as +to gain time. + +When halted by the attack of Gregg and Gibbs, Pickett, desisting from +his pursuit of Devin, as already stated, turned his undivided attention +to this unexpected force, and with his preponderating infantry pressed +it back on the Five Forks road toward Dinwiddle, though our men, +fighting dismounted behind barricades at different points, displayed +such obstinacy as to make Pickett's progress slow, and thus give me +time to look out a line for defending the Court House. I selected a +place about three-fourths of a mile northwest of the crossroads, and +Custer coming up quickly with Capehart's brigade, took position on the +left of the road to Five Forks in some open ground along the crest of a +gentle ridge. Custer got Capehart into place just in time to lend a +hand to Smith, who, severely pressed, came back on us here from his +retreat along Chamberlain's "bed"—the vernacular for a woody swamp such +as that through which Smith retired. A little later the brigades of +Gregg and Gibbs, falling to the rear slowly and steadily, took up in +the woods a line which covered the Boydton Road some distance to the +right of Capehart, the intervening gap to be filled with Pennington's +brigade. By this time our horse-artillery, which for two days had been +stuck in the mud, was all up, and every gun was posted in this line. + +It was now near sunset, and the enemy's cavalry thinking the day was +theirs, made a dash at Smith, but just as the assailants appeared in +the open fields, Capehart's men opened so suddenly on their left flank +as to cause it to recoil in astonishment, which permitted Smith to +connect his brigade with Custer unmolested. We were now in good shape +behind the familiar barricades, and having a continuous line, excepting +only the gap to be filled with Pennington, that covered Dinwiddie and +the Boydton Road. My left rested in the woods about half a mile west +of the Court House, and the barricades extended from this flank in a +semicircle through the open fields in a northeasterly direction, to a +piece-of thick timber on the right, near the Boydton Road. + +A little before the sun went down the Confederate infantry was formed +for the attack, and, fortunately for us, Pennington's brigade came up +and filled the space to which it was assigned between Capehart and +Gibbs, just as Pickett moved out across the cleared fields in front of +Custer, in deep lines that plainly told how greatly we were +outnumbered. + +Accompanied by Generals Merritt and Custer and my staff, I now rode +along the barricades to encourage the men. Our enthusiastic reception +showed that they were determined to stay. The cavalcade drew the +enemy's fire, which emptied several of the saddles—among others Mr. +Theodore Wilson, correspondent of the New York Herald, being wounded. +In reply our horse-artillery opened on the advancing Confederates, but +the men behind the barricades lay still till Pickett's troops were +within short range. Then they opened, Custer's repeating rifles +pouring out such a shower of lead that nothing could stand up against +it. The repulse was very quick, and as the gray lines retired to the +woods from which but a few minutes before they had so confidently +advanced, all danger of their taking Dinwiddie or marching to the left +and rear of our infantry line was over, at least for the night. The +enemy being thus checked, I sent a staff-officer—Captain Sheridan—to +General Grant to report what had taken place during the afternoon, and +to say that I proposed to stay at Dinwiddie, but if ultimately +compelled to abandon the place, I would do so by retiring on the Vaughn +road toward Hatcher's Run, for I then thought the attack might be +renewed next morning. Devin and Davies joined me about dark, and my +troops being now well in hand, I sent a second staff-officer—Colonel +John Kellogg—to explain my situation more fully, and to assure General +Grant that I would hold on at Dinwiddie till forced to let go. + + + + +pb154.jpg (144K) +Full Size + + + + +By following me to Dinwiddie the enemy's infantry had completely +isolated itself, and hence there was now offered the Union troops a +rare opportunity. Lee was outside of his works, just as we desired, +and the general-in-chief realized this the moment he received the first +report of my situation; General Meade appreciated it too from the +information he got from Captain Sheridan, en route to army headquarters +with the first tidings, and sent this telegram to General Grant: + + +"HEADQUARTERS OF THE ARMY OF THE POTOMAC, +"March 31, 1865. 9:45 p.m. + +"LIEUTENANT-GENERAL GRANT: + +"Would it not be well for Warren to go down with his whole corps and +smash up the force in front of Sheridan? Humphreys can hold the line +to the Boydton plank-road, and the refusal along with it. Bartlett's +brigade is now on the road from G. Boisseau's, running north, where it +crosses Gravelly Run, he having gone down the White Oak road. Warren +could go at once that way, and take the force threatening Sheridan in +rear at Dinwiddie, and move on the enemy's rear with the other two. + +"G. G. MEADE, Major-General." + +An hour later General Grant replied in these words: + + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"DABNEY'S MILLS, March 311, 1865. 10:15 P. M. + +"MAJOR-GENERAL MEADE, +"Commanding Army of the Potomac. + +Let Warren move in the way you propose, and urge him not to stop for +anything. Let Griffin (Griffin had been ordered by Warren to the +Boydton road to protect his rear) go on as he was first directed. + +"U. S. GRANT, Lieutenant-General." + +These two despatches were the initiatory steps in sending the Fifth +Corps, under Major-General G. K. Warren, to report to me, and when I +received word of its coming and also that Genera Mackenzie's cavalry +from the Army of the James was likewise to be added to my command, and +that discretionary authority was given me to use all my forces against +Pickett, I resolved to destroy him, if it was within the bounds of +possibility, before he could rejoin Lee. + +In a despatch, dated 10:05 p.m., telling me of the coming of Warren and +Mackenzie, General Grant also said that the Fifth Corps should reach me +by 12 o'clock that night, but at that hour not only had none of the +corps arrived, but no report from it, so believing that if it came all +the way down to Dinwiddie the next morning, our opportunity would be +gone, I concluded that it would be best to order Warren to move in on +the enemy's rear while the cavalry attacked in front, and, therefore, +at 3 o'clock in the morning of April 1 sent this despatch to General +Warren: + + +"CAVALRY HEADQUARTERS, DINWIDDIE C. H., +"April 1, 1865—3. A.M. + +"MAJOR-GENERAL WARREN, "Commanding Fifth Army Corps. + +"I am holding in front of Dinwiddie Court House, on the road leading to +Five Forks, for three-quarters of a mile with General Custer's +division. The enemy are in his immediate front, lying so as to cover +the road just this side of A. Adams's house, which leads across +Chamberlain's bed, or run. I understand you have a division at J.[G] +Boisseau's; if so, you are in rear of the enemy's line and almost on +his flank. I will hold on here. Possibly they may attack Custer at +daylight; if so, attack instantly and in full force. Attack at +daylight anyhow, and I will make an effort to get the road this side of +Adams's house, and if I do, you can capture the whole of them. Any +force moving down the road I am holding, or on the White Oak road, will +be in the enemy's rear, and in all probability get any force that may +escape you by a flank movement. Do not fear my leaving here. If the +enemy remains, I shall fight at daylight. + +"P. H. SHERIDAN, Major-General." + +With daylight came a slight fog, but it lifted almost immediately, and +Merritt moved Custer and Devin forward. As these divisions advanced +the enemy's infantry fell back on the Five Forks road, Devin pressing +him along the road, while Custer extended on the left over toward +Chamberlain's Run, Crook being held in watch along Stony Creek, +meanwhile, to be utilized as circumstances might require when Warren +attacked. + +The order of General Meade to Warren the night of March 31—a copy being +sent me also—was positive in its directions, but as midnight came +without a sign of or word from the Fifth Corps, notwithstanding that +was the hour fixed for its arrival, I nevertheless assumed that there +were good reasons for its non-appearance, but never once doubted that +measures would be taken to comply with my despatch Of 3 A. M. and +therefore hoped that, as Pickett was falling back slowly toward Five +Forks, Griffin's and Crawford's divisions would come in on the +Confederate left and rear by the Crump road near J.[G] Boisseau's +house. + +But they did not reach there till after the enemy had got by. As a +matter of fact, when Pickett was passing the all-important point +Warren's men were just breaking from the bivouac in which their chief +had placed them the night before, and the head of Griffin's division +did not get to Boisseau's till after my cavalry, which meanwhile had +been joined by Ayres's division of the Fifth Corps by way of the +Boydton and Dabney roads. By reason of the delay in moving Griffin and +Crawford, the enemy having escaped, I massed the Fifth Corps at J.[G] +Boisseau's so that the men could be rested, and directed it to remain +there; General Warren himself had not then come up. General Mackenzie, +who had reported just after daybreak, was ordered at first to stay at +Dinwiddie Court House, but later was brought along the Five Forks road +to Dr. Smith's, and Crook's division was directed to continue watching +the crossings of Stony Creek and Chamberlain's Run. + +That we had accomplished nothing but to oblige our foe to retreat was +to me bitterly disappointing, but still feeling sure that he would not +give up the Five Forks crossroads without a fight, I pressed him back +there with Merritt's cavalry, Custer advancing on the Scott road, while +Devin drove the rearguard along that leading from J.[G] Boisseau's to +Five Forks. + +By 2 o'clock in the afternoon Merritt had forced the enemy inside his +intrenchments, which began with a short return about three-quarters of +a mile east of the Forks and ran along the south side of the White Oak +road to a point about a mile west of the Forks. From the left of the +return over toward Hatcher's Run was posted Mumford's cavalry, +dismounted. In the return itself was Wallace's brigade, and next on +its right came Ransom's, then Stewart's, then Terry's, then Corse's. On +the right of Corse was W. H. F. Lee's division of cavalry. Ten pieces +of artillery also were in this line, three on the right of the works, +three near the centre at the crossroads, and four on the left, in the +return. Rosser's cavalry was guarding the Confederate trains north of +Hatcher's Run beyond the crossing of the Ford road. + +I felt certain the enemy would fight at Five Forks—he had to—so, while +we were getting up to his intrenchments, I decided on my plan of +battle. This was to attack his whole front with Merritt's two cavalry +divisions, make a feint of turning his right flank, and with the Fifth +Corps assail his left. As the Fifth Corps moved into action, its right +flank was to be covered by Mackenzie's cavalry, thus entirely cutting +off Pickett's troops from communication with Lee's right flank, which +rested near the Butler house at the junction of the Claiborne and White +Oaks roads. In execution of this plan, Merritt worked his men close in +toward the intrenchments, and while he was thus engaged, I ordered +Warren to bring up the Fifth Corps, sending the order by my engineer +officer, Captain Gillespie, who had reconnoitred the ground in the +neighborhood of Gravelly Run Church, where the infantry was to form for +attack. + +Gillespie delivered the order about 1 o'clock, and when the corps was +put in motion, General Warren joined me at the front. Before he came, +I had received, through Colonel Babcock, authority from General Grant +to relieve him, but I did not wish to do it, particularly on the eve of +battle; so, saying nothing at all about the message brought me, I +entered at once on the plan for defeating Pickett, telling Warren how +the enemy was posted, explaining with considerable detail, and +concluding by stating that I wished his troops to be formed on the +Gravelly Church road, near its junction with the White Oak road, with +two divisions to the front, aligned obliquely to the White Oak road, +and one in reserve, opposite the centre of these two. + +General Warren seemed to understand me clearly, and then left to join +his command, while I turned my attention to the cavalry, instructing +Merritt to begin by making demonstrations as though to turn the enemy's +right, and to assault the front of the works with his dismounted +cavalry as soon as Warren became engaged. Afterward I rode around to +Gravelly Run Church, and found the head of Warren's column just +appearing, while he was sitting under a tree making a rough sketch of +the ground. I was disappointed that more of the corps was not already +up, and as the precious minutes went by without any apparent effort to +hurry the troops on to the field, this disappointment grew into +disgust. At last I expressed to Warren my fears that the cavalry might +expend all their ammunition before the attack could be made, that the +sun would go down before the battle could be begun, or that troops from +Lee's right, which, be it remembered, was less than three miles away +from my right, might, by striking my rear, or even by threatening it, +prevent the attack on Pickett. + +Warren did not seem to me to be at all solicitous; his manner exhibited +decided apathy, and he remarked with indifference that "Bobby Lee was +always getting people into trouble." With unconcern such as this, it +is no wonder that fully three hours' time was consumed in marching his +corps from J.[G] Boisseau's to Gravelly Run Church, though the +distance was but two miles. However, when my patience was almost worn +out, Warren reported his troops ready, Ayres's division being formed on +the west side of the Gravelly Church road, Crawford's on the east side, +and Griffin in reserve behind the right of Crawford, a little different +from my instructions. The corps had no artillery present, its +batteries, on account of the mud, being still north of Gravelly Run. +Meanwhile Merritt had been busy working his men close up to the +intrenchments from the angle of the return west, along the White Oak +road. + +About 4 o'clock Warren began the attack. He was to assault the left +flank of the Confederate infantry at a point where I knew Pickett's +intrenchments were refused, almost at right angles with the White Oak +road. I did not know exactly how far toward Hatcher's Run this part of +the works extended, for here the videttes of Mumford's cavalry were +covering, but I did know where the refusal began. This return, then, +was the point I wished to assail, believing that if the assault was +made with spirit, the line could be turned. I therefore intended that +Ayres and Crawford should attack the refused trenches squarely, and +when these two divisions and Merritt's cavalry became hotly engaged, +Griffin's division was to pass around the left of the Confederate line; +and I personally instructed Griffin how I wished him to go in, telling +him also that as he advanced, his right flank would be taken care of by +Mackenzie, who was to be pushed over toward the Ford road and Hatcher's +Run. + +The front of the corps was oblique to the White Oak road; and on +getting there, it was to swing round to the left till perpendicular to +the road, keeping closed to the left. Ayres did his part well, and to +the letter, bringing his division square up to the front of the return +near the angle; but Crawford did not wheel to the left, as was +intended. On the contrary, on receiving fire from Mumford's cavalry, +Crawford swerved to the right and moved north from the return, thus +isolating his division from Ayres; and Griffin, uncertain of the +enemy's position, naturally followed Crawford. + +The deflection of this division on a line of march which finally +brought it out on the Ford road near C. Young's house, frustrated the +purpose I had in mind when ordering the attack, and caused a gap +between Ayres and Crawford, of which the enemy quickly took advantage, +and succeeded in throwing a part of Ayres's division into confusion. +At this juncture I sent word to General Warren to have Crawford +recalled; for the direction he was following was not only a mistaken +one, but, in case the assault at the return failed, he ran great risk +of capture. Warren could not be found, so I then sent for +Griffin—first by Colonel Newhall, and then by Colonel Sherman—to come +to the aid of Ayres, who was now contending alone with that part of the +enemy's infantry at the return. By this time Griffin had observed and +appreciated Crawford's mistake, however, and when the staff-officers +reached him, was already faced to the left; so, marching across +Crawford's rear, he quickly joined Ayres, who meanwhile had rallied his +troops and carried the return. + +When Ayres's division went over the flank of the enemy's works, Devin's +division of cavalry, which had been assaulting the front, went over in +company with it; and hardly halting to reform, the intermingling +infantry and dismounted cavalry swept down inside the intrenchments, +pushing to and beyond Five Forks, capturing thousands of prisoners. +The only stand the enemy tried to make was when he attempted to form +near the Ford road. Griffin pressed him so hard there, however, that +he had to give way in short order, and many of his men, with three +pieces of artillery, fell into the hands of Crawford while on his +circuitous march. + + + + +pb164.jpg (151K) +Full Size + + + +The right of Custer's division gained a foothold on the enemy's works +simultaneously with Devin's, but on the extreme left Custer had a very +severe combat with W. H. F. Lee's cavalry, as well as with Corse's and +Terry's infantry. Attacking Terry and Corse with Pennington's brigade +dismounted, he assailed Lee's cavalry with his other two brigades +mounted, but Lee held on so obstinately that Custer gained but little +ground till our troops, advancing behind the works, drove Corse and +Terry out. Then Lee made no further stand except at the west side of +the Gillian field, where, assisted by Corse's brigade, he endeavored to +cover the retreat, but just before dark Custer, in concert with some +Fifth Corps regiments under Colonel Richardson, drove ihe last of the +enemy westward on the White Oak road. + +Our success was unqualified; we had overthrown Pickett, taken six guns, +thirteen battle-flags, and nearly six thousand prisoners. When the +battle was practically over, I turned to consider my position with +reference to the main Confederate army. My troops, though victorious, +were isolated from the Army of the Potomac, for on the 31st of March +the extreme left of that army had been thrown back nearly to the +Boydton plank-road, and hence there was nothing to prevent the enemy's +issuing from his trenches at the intersection of the White Oak and +Claiborne roads and marching directly on my rear. I surmised that he +might do this that night or early next morning. It was therefore +necessary to protect myself in this critical situation, and General +Warren having sorely disappointed me, both in the moving of his corps +and in its management during the battle, I felt that he was not the man +to rely upon under such circumstances, and deeming that it was to the +best interest of the service as well as but just to myself, I relieved +him, ordering him to report to General Grant. + +I then put Griffin in command of the Fifth Corps, and directed him to +withdraw from the pursuit as quickly as he could after following the +enemy a short distance, and form in line of battle near Gravelly Run +Church, at right angles with the White Oak road, with Ayres and +Crawford facing toward the enemy at the junction of the White Oak and +Claiborne roads, leaving Bartlett, now commanding Griffin's division, +near the Ford road. Mackenzie also was left on the Ford road at the +crossing of Hatcher's Run, Merritt going into camp on the Widow +Gillian's plantation. As I had been obliged to keep Crook's division +along Stony Creek throughout the day, it had taken no active part in +the battle. + +Years after the war, in 1879, a Court of Inquiry was given General +Warren in relation to his conduct on the day of the battle. He assumed +that the delay in not granting his request for an inquiry, which was +first made at the close of the war, was due to opposition on my part. +In this he was in error; I never opposed the ordering of the Court, but +when it was finally decided to convene it I naturally asked to be +represented by counsel, for the authorization of the Inquiry was so +peculiarly phrased that it made me practically a respondent. + + +"NEW YORK CITY, May 3, 1880 + +"MAJOR-GENERAL W. S. HANCOCK, U. S. A. +"President Court of Inquiry, Governor's Island. + +"Sir: Since my arrival in this city, under a subpoena to appear and +testify before the Court of which you are president, I have been +indirectly and unofficially informed that the Court some time ago +forwarded an invitation to me (which has not been received) to appear +personally or by counsel, in order to aid it in obtaining a knowledge +as to the facts concerning the movements terminating in the battle of +'Five Forks,' with reference to the direct subjects of its inquiry. Any +invitation of this character I should always and do consider it +incumbent on me to accede to, and do everything in my power in +furtherance of the specific purposes for which courts of inquiry are by +law instituted. + +"The order convening the Court (a copy of which was not received by me +at my division headquarters until two days after the time appointed for +the Court to assemble) contemplates an inquiry based on the application +of Lieutenant Colonel G. K. Warren, Corps of Engineers, as to his +conduct while major-general commanding the Fifth Army Corps, under my +command, in reference to accusations or imputations assumed in the +order to have been made against him, and I understand through the daily +press that my official report of the battle of Five Forks has been +submitted by him as a basis of inquiry. + +"If it is proposed to inquire, either directly or indirectly, as to any +action of mine so far as the commanding general Fifth Army Corps was +concerned, or my motives for such action, I desire to be specifically +informed wherein such action or transaction is alleged to contain an +accusation or imputation to become a subject of inquiry, so that, +knowing what issues are raised, I may intelligently aid the Court in +arriving at the facts. + +"It is a long time since the battle of Five Forks was fought, and +during the time that has elapsed the official reports of that battle +have been received and acknowledged by the Government; but now, when +the memory of events has in many instances grown dim, and three of the +principal actors on that field are dead—Generals Griffin, Custer, and +Devin, whose testimony would have been valuable—an investigation is +ordered which might perhaps do injustice unless the facts pertinent to +the issues are fully developed. + +"My duties are such that it will not be convenient for me to be present +continuously during the sessions of the Court. In order, however, that +everything may be laid before it in my power pertinent to such specific +issues as are legally raised, I beg leave to introduce Major Asa Bird +Gardner as my counsel. + +"Very respectfully, + +"P. H. SHERIDAN, Lieut.-General." + +Briefly stated, in my report of the battle of Five Forks there were +four imputations concerning General Warren. The first implied that +Warren failed to reach me on the 1st of April, when I had reason to +expect him; the second, that the tactical handling of his corps was +unskillful; the third, that he did not exert himself to get his corps +up to Gravelly Run Church; and the fourth, that when portions of his +line gave way he did not exert himself to restore confidence to his +troops. The Court found against him on the first and second counts, +and for him on the third and fourth. This finding was unsatisfactory +to General Warren, for he hoped to obtain such an unequivocal +recognition of his services as to cast discredit on my motives for +relieving him. These were prompted by the conditions alone—by the +conduct of General Warren as described, and my consequent lack of +confidence in him. + +It will be remembered that in my conversation with General Grant on the +30th, relative to the suspension of operations because of the mud, I +asked him to let me have the Sixth Corps to help me in breaking in on +the enemy's right, but that it could not be sent me; it will be +recalled also that the Fifth Corps was afterward tendered and declined. + From these facts it has been alleged that I was prejudiced against +General Warren, but this is not true. As we had never been thrown much +together I knew but little of him. I had no personal objection to him, +and certainly could have none to his corps. I was expected to do an +extremely dangerous piece of work, and knowing the Sixth Corps well—my +cavalry having campaigned with it so successfully in the Shenandoah +Valley, I naturally preferred it, and declined the Fifth for no other +reason. But the Sixth could not be given, and the turn of events +finally brought me the Fifth after my cavalry, under the most trying +difficulties, had drawn the enemy from his works, and into such a +position as to permit the realization of General Grant's hope to break +up with my force Lee's right flank. Pickett's isolation offered an +opportunity which we could not afford to neglect, and the destruction +of his command would fill the measure of General Grant's expectations +as well as meet my own desires. The occasion was not an ordinary one, +and as I thought that Warren had not risen to its demand in the battle, +I deemed it injudicious and unsafe under the critical conditions +existing to retain him longer. That I was justified in this is plain +to all who are disposed to be fair-minded, so with the following +extract from General Sherman's review of the proceedings of the Warren +Court, and with which I am convinced the judgment of history will +accord, I leave the subject: + + +"....It would be an unsafe and dangerous rule to hold the commander of +an army in battle to a technical adherence to any rule of conduct for +managing his command. He is responsible for results, and holds the +lives and reputations of every officer and soldier under his orders as +subordinate to the great end—victory. The most important events are +usually compressed into an hour, a minute, and he cannot stop to +analyze his reasons. He must act on the impulse, the conviction, of +the instant, and should be sustained in his conclusions, if not +manifestly unjust. The power to command men, and give vehement impulse +to their joint action, is something which cannot be defined by words, +but it is plain and manifest in battles, and whoever commands an army +in chief must choose his subordinates by reason of qualities which can +alone be tested in actual conflict. + +"No one has questioned the patriotism, integrity, and great +intelligence of General Warren. These are attested by a long record of +most excellent service, but in the clash of arms at and near Five +Forks, March 31 and April 1, 1865, his personal activity fell short of +the standard fixed by General Sheridan, on whom alone rested the great +responsibility for that and succeeding days. + +"My conclusion is that General Sheridan was perfectly justified in his +action in this case, and he must be fully and entirely sustained if the +United States expects great victories by her arms in the future." + + + + +CHAPTER VII. + + +RESULT OF THE BATTLE OF FIVE FORKS—RETREAT OF LEE—AN INTERCEPTED +DESPATCH—AT AMELIA COURT HOUSE—BATTLE OF SAILOR'S CREEK—THE +CONFEDERATES' STUBBORN RESISTANCE—A COMPLETE VICTORY—IMPORTANCE OF THE +BATTLE. + +When the news of the battle at Five Forks reached General Grant, he +realized that the decisive character of our victory would necessitate +the immediate abandonment of Richmond and Petersburg by the enemy; and +fearing that Lee would escape without further injury, he issued orders, +the propriety of which must be settled by history, to assault next +morning the whole intrenched line. But Lee could not retreat at once. +He had not anticipated, disaster at Five Forks, and hence was +unprepared to withdraw on the moment; and the necessity of getting off +his trains and munitions of war, as well as being obliged to cover the +flight of the Confederate Government, compelled him to hold on to +Richmond and Petersburg till the afternoon of the 2d, though before +that Parke, Ord, and Wright had carried his outer intrenchments at +several points, thus materially shortening the line of investment. + +The night of the 1st of April, General Humphreys's corps—the Second—had +extended its left toward the White Oak road, and early next morning, +under instructions from General Grant, Miles's division of that corps +reported to me, and supporting him with Ayres's and Crawford's +divisions of the Fifth Corps, I then directed him to advance toward +Petersburg and attack the enemy's works at the intersection of the +Claiborne and White Oak roads. + +Such of the enemy as were still in the works Miles easily forced across +Hatcher's Run, in the direction of Sutherland's depot, but the +Confederates promptly took up a position north of the little stream, +and Miles being anxious to attack, I gave him leave, but just at this +time General Humphreys came up with a request to me from General Meade +to return Miles. On this request I relinquished command of the +division, when, supported by the Fifth Corps it could have broken in +the enemy's right at a vital point; and I have always since regretted +that I did so, for the message Humphreys conveyed was without authority +from General Grant, by whom Miles had been sent to me, but thinking +good feeling a desideratum just then, and wishing to avoid wrangles, I +faced the Fifth Corps about and marched it down to Five Forks, and out +the Ford road to the crossing of Hatcher's Run. After we had gone, +General Grant, intending this quarter of the field to be under my +control, ordered Humphreys with his other two divisions to move to the +right, in toward Petersburg. This left Miles entirely unsupported, and +his gallant attack made soon after was unsuccessful at first, but about +3 o'clock in the afternoon he carried the point which covered the +retreat from Petersburg and Richmond. + +Merritt had been sent westward, meanwhile, in the direction of Ford's +Station, to break the enemy's horse which had been collecting to the +north of Hatcher's Run. Meeting, with but little opposition, Merritt +drove this cavalry force in a northerly direction toward Scott's +Corners, while the Fifth Corps was pushed toward Sutherland's depot, in +the hope of coming in on the rear of the force that was confronting +Miles when I left him. Crawford and Merritt engaged the enemy lightly +just before night, but his main column, retreating along the river road +south of the Appomattox, had got across Namozine Creek, and the +darkness prevented our doing more than to pick up some stragglers. The +next morning the pursuit was resumed, the cavalry again in advance, the +Fifth Corps keeping up with it all the while, and as we pressed our +adversaries hundreds and hundreds of prisoners, armed and unarmed, fell +into our hands, together with many wagons and five pieces of artillery. + At Deep Creek the rearguard turned on us, and a severe skirmish took +place. Merritt, finding the enemy very strong, was directed to await +the arrival of Crook and for the rear division of the Fifth Corps; but +by the time they reached the creek, darkness had again come to protect +the Confederates, and we had to be content with meagre results at that +point. + +From the beginning it was apparent that Lee, in his retreat, was making +for Amelia Court House, where his columns north and south of the +Appomattox River could join, and where, no doubt, he expected to meet +supplies, so Crook was ordered to march early on April 4 to strike the +Danville railroad, between Jettersville and Burkeville, and then move +south along the railroad toward Jettersville, Merritt to move toward +Amelia Court House, and the Fifth Corps to Jettersville itself. + +The Fifth Corps got to Jettersville about 5 in the afternoon, and I +immediately intrenched it across the Burkeville road with the +determination to stay there till the main army could come up, for I +hoped we could force Lee to surrender at Amelia Court House, since a +firm hold on Jettersville would cut him off from his line of retreat +toward Burkeville. + +Accompanied only by my escort—the First United States Cavalry, about +two hundred strong—I reached Jettersville some little time before the +Fifth Corps, and having nothing else at hand I at once deployed this +handful of men to cover the crossroads till the arrival of the corps. +Just as the troopers were deploying, a man on a mule, heading for +Burkeville, rode into my pickets. He was arrested, of course, and +being searched there was found in his boots this telegram in duplicate, +signed by Lee's Commissary General. + + +"The army is at Amelia Court House, short of provisions. Send 300,000 +rations quickly to Burkeville Junction." One copy was addressed to the +supply department at Danville, and the other to that at Lynchburg. I +surmised that the telegraph lines north of Burkeville had been broken +by Crook after the despatches were written, which would account for +their being transmitted by messenger. There was thus revealed not only +the important fact that Lee was concentrating at Amelia Court House, +but also a trustworthy basis for estimating his troops, so I sent word +to Crook to strike up the railroad toward me, and to Merritt—who, as I +have said, had followed on the heels of the enemy—to leave Mackenzie +there and himself close in on Jettersville. Staff-officers were also +despatched to hurry up Griffin with the Fifth Corps, and his tired men +redoubled their strides. + +My troops too were hard up for rations, for in the pursuit we could not +wait for our trains, so I concluded to secure if possible these +provisions intended for Lee. To this end I directed Young to send four +of his best scouts to Burkeville Junction. There they were to +separate, two taking the railroad toward Lynchburg and two toward +Danville, and as soon as a telegraph station was reached the telegram +was to be transmitted as it had been written and the provisions thus +hurried forward. + +Although the Fifth Corps arrived at Jettersville the evening of April +4, as did also Crook's and Merritt's cavalry, yet none of the army of +the Potomac came up till about 3 o'clock the afternoon of the 5th, the +Second Corps, followed by the Sixth, joining us then. General Meade +arrived at Jettersville an hour earlier, but being ill, requested me to +put his troops in position. The Fifth Corps being already intrenched +across the Amelia Court House road facing north, I placed the Sixth on +its right and the Second on its left as they reached the ground. + +As the enemy had been feeling us ever since morning—to learn what he +was up to I directed Crook to send Davies's brigade on a reconnoissance +to Paine's crossroads. Davies soon found out that Lee was trying to +escape by that flank, for at the crossroads he found the Confederate +trains and artillery moving rapidly westward. Having driven away the +escort, Davies succeeded in burning nearly two hundred wagons, and +brought off five pieces of artillery. Among these wagons were some +belonging to General, Lee's and to General Fitzhugh Lee's headquarters. + This work through, Davies withdrew and rejoined Crook, who, with Smith +and Gregg, was established near Flat Creek. + +It being plain that Lee would attempt to escape as soon as his trains +were out of the way, I was most anxious to attack him when the Second +Corps began to arrive, for I felt certain that unless we did so he +would succeed in passing by our left flank, and would thus again make +our pursuit a stern-chase; but General Meade, whose plan of attack was +to advance his right flank on Amelia Court House, objected to assailing +before all his troops were up. + +I then sent despatches to General Grant, explaining what Davies had +done, and telling him that the Second Corps was arriving, and that I +wished he himself was present. I assured him of my confidence in our +capturing Lee if we properly exerted ourselves, and informed him, +finally, that I would put all my cavalry, except Mackenzie, on my left, +and that, with such a disposition of my forces, I could see no escape +for Lee. I also inclosed him this letter, which had just been +captured: + + +"AMELIA C. H., April 5, 1865. + +"DEAR MAMMA: + +"Our army is ruined, I fear. We are all safe as yet. Shyron left us +sick. John Taylor is well—saw him yesterday. We are in line of battle +this morning. General Robert Lee is in the field near us. My trust is +still in the justice of our cause, and that of God. General Hill is +killed. I saw Murray a few minutes since. Bernard, Terry said, was +taken prisoner, but may yet get out. I send this by a negro I see +passing up the railroad to Mechlenburg. Love to all. + +"Your devoted son, + +"Wm. B. TAYLOR, Colonel." + +General Grant, who on the 5th was accompanying General Ord's column +toward Burkeville Junction, did not receive this intelligence till +nearly nightfall, when within about ten miles of the Junction. He set +out for Jettersville immediately, but did not reach us till near +midnight, too late of course to do anything that night. Taking me with +him, we went over to see Meade, whom he then directed to advance early +in the morning on Amelia Court House. In this interview Grant also +stated that the orders Meade had already issued would permit Lee's +escape, and therefore must be changed, for it was not the aim only to +follow the enemy, but to get ahead of him, remarking during the +conversation that, "he had no doubt Lee was moving right then." On this +same occasion Meade expressed a desire to have in the proposed attack +all the troops of the Army of the Potomac under his own command, and +asked for the return of the Fifth Corps. I made no objections, and it +was ordered to report, to him. + +When, on the morning of the 6th, Meade advanced toward Amelia Court +House, he found, as predicted, that Lee was gone. It turned out that +the retreat began the evening of the 5th and continued all night. +Satisfied that this would be the case, I did not permit the cavalry to +participate in Meade's useless advance, but shifted it out toward the +left to the road running from Deatonsville to Rice's station, Crook +leading and Merritt close up. Before long the enemy's trains were +discovered on this road, but Crook could make but little impression on +them, they were so strongly guarded; so, leaving Stagg's brigade and +Miller's battery about three miles southwest of Deatonsville—where the +road forks, with a branch leading north toward the Appomattox—to harass +the retreating column and find a vulnerable point, I again shifted the +rest of the cavalry toward the left, across-country, but still keeping +parallel to the enemy's line of march. + +Just after crossing Sailor's Greek, a favorable opportunity offering, +both Merritt and Crook attacked vigorously, gained the Rice's Station +road, destroyed several hundred wagons, made many prisoners, and +captured sixteen pieces of artillery. This was important, but more +valuable still was the fact that we were astride the enemy's line of +retreat, and had cut off from joining Longstreet, waiting at Rice's +Station, a corps of Confederate infantry under General Ewell, composed +of Anderson's, Kershaw's, and Custis Lee's divisions. Stagg's brigade +and Miller's battery, which, as I have said, had been left at the forks +of the Deatonsville road, had meanwhile broken in between the rear of +Ewell's column and the head of Gordon's, forcing Gordon to abandon his +march for Rice's Station, and to take the right-hand road at the forks, +on which he was pursued by General Humphreys. + +The complete isolation of Ewell from Longstreet in his front and Gordon +in his rear led to the battle of Sailor's Creek, one of the severest +conflicts of the war, for the enemy fought with desperation to escape +capture, and we, bent on his destruction, were no less eager and +determined. The capture of Ewell, with six of his generals and most of +his troops, crowned our success, but the fight was so overshadowed by +the stirring events of the surrender three days later, that the battle +has never been accorded the prominence it deserves. + +The small creek from which the field takes its name flows in a +northwesterly direction across the road leading from Deatonsville to +Rice's Station. By shifting to the left, Merritt gained the Rice's +Station road west of the creek, making havoc of the wagon-trains, while +Crook struck them further on and planted himself square across the +road. This blocked Ewell, who, advancing Anderson to some high ground +west of the creek, posted him behind barricades, with the intention of +making a hard fight there, while the main body should escape through +the woods in a westerly direction to roads that led to Farmville. This +was prevented, however, by Crook forming his division, two brigades +dismounted and one mounted, and at once assaulting all along Anderson's +front and overlapping his right, while Merritt fiercely attacked to the +right of Crook. The enemy being thus held, enabled the Sixth +Corps—which in the meantime I had sent for—to come upon the ground, and +Ewell, still contending with the cavalry, found himself suddenly beset +by this new danger from his rear. To, meet it, he placed Kershaw to +the right and Custis Lee to the left of the Rice's Station road, facing +them north toward and some little distance from Sailor's Creek, +supporting Kershaw with Commander Tucker's Marine brigade. Ewell's +skirmishers held the line of Sailor's Creek, which runs through a +gentle valley, the north slope of which was cleared ground. + +By General Grant's directions the Sixth Corps had been following my +route of march since the discovery, about 9 o'clock in the morning, +that Lee had decamped from Amelia Court House. Grant had promptly +informed me of this in a note, saying, "The Sixth Corps will go in with +a vim any place you may dictate," so when I sent word to Wright of the +enemy's isolation, and asked him to hurry on with all speed, his +gallant corps came as fast as legs could carry them, he sending to me +successively Major McClellan and Colonel Franklin, of his staff, to +report his approach. + + + + +pb273-Wright.jpg (76K) + + + +I was well advised as to the position of the enemy through information +brought me by an intelligent young soldier, William A. Richardson, +Company "A," Second Ohio, who, in one of the cavalry charges on +Anderson, had cleared the barricades and made his way back to my front +through Ewell's line. Richardson had told me just how the main body of +the enemy was posted, so as Seymour's division arrived I directed +General Wright to put it on the right of the road, while Wheaton's men, +coming up all hot and out of breath, promptly formed on Seymour's left. + Both divisions thus aligned faced southwest toward Sailor's Creek, and +the artillery of the corps being massed to the left and front of the +Hibbon house, without waiting for Getty's division—for I feared that if +we delayed longer the enemy might effect his escape toward +Farmville—the general attack was begun. Seymour and Wheaton, moving +forward together, assailed the enemy's front and left, and Stagg's +brigade, too, which in the mean time had been placed between Wheaton's +left and Devin's right, went at him along with them, Merritt and Crook +resuming the fight from their positions in front of Anderson. The +enemy, seeing little chance of escape, fought like a tiger at bay, but +both Seymour and Wheaton pressed him vigorously, gaining ground at all +points except just to the right of the road, where Seymour's left was +checked. Here the Confederates burst back on us in a counter-charge, +surging down almost to the creek, but the artillery, supported by +Getty, who in the mean time had come on the ground, opened on them so +terribly that this audacious and furious onset was completely broken, +though the gallant fellows fell back to their original line doggedly, +and not until after they had almost gained the creek. Ewell was now +hemmed in on every side, and all those under his immediate command were +captured. Merritt and Crook had also broken up Anderson by this time, +but he himself, and about two thousand disorganized men escaped by +making their way through the woods toward the Appomattox River before +they could be entirely enveloped. Night had fallen when the fight was +entirely over, but Devin was pushed on in pursuit for about two miles, +part of the Sixth Corps following to clinch a victory which not only +led to the annihilation of one corps of Lee's retreating army, but +obliged Longstreet to move up to Farmville, so as to take a road north +of the Appomattox River toward Lynchburg instead of continuing toward +Danville. + + + + +pb185.jpg (43K) + + + +At the close of the battle I sent one of my staff—Colonel Redwood +Price—to General Grant to report what had been done; that we had taken +six generals and from nine to ten thousand prisoners. On his way Price +stopped at the headquarters of General Meade, where he learned that not +the slightest intelligence of the occurrence on my line had been +received, for I not being under Meade's command, he had paid no +attention to my movements. Price gave the story of the battle, and +General Meade, realizing its importance, sent directions immediately to +General Wright to make his report of the engagement to the headquarters +of the Army of the Potomac, assuming that Wright was operating +independently of me in the face of Grant's despatch Of 2 o'clock, which +said that Wright was following the cavalry and would "go in with a vim" +wherever I dictated. Wright could not do else than comply with Meade's +orders in the case, and I, being then in ignorance of Meade's reasons +for the assumption, could say nothing. But General Grant plainly +intending, and even directing, that the corps should be under my +command, remedied this phase of the matter, when informed of what had +taken place, by requiring Wright to send a report of the battle through +me. What he then did, and what his intentions and orders were, are +further confirmed by a reference to the episode in his "Memoirs," where +he gives his reasons for ordering the Sixth Corps to abandon the move +on Amelia Court House and pass to the left of the army. On the same +page he also says, referring to the 6th of April: "The Sixth Corps now +remained with the cavalry under Sheridan's direct command until after +the surrender." He unquestionably intended all of this, but his +purpose was partly frustrated by General Meade's action next morning in +assuming direction of the movements of the corps; and before General +Grant became aware of the actual conditions the surrender was at hand. + + + + +CHAPTER VIII. + + +LINCOLN'S LACONIC DESPATCH—CAPTURING LEE'S SUPPLIES—DELIGHTED +ENGINEERS—THE CONFEDERATES' LAST EFFORT—A FLAG OF TRUCE—GENERAL GEARY'S +"LAST DITCH" ABSURDITY—MEETING OF GRANT AND LEE—THE SURRENDER—ESTIMATE +OF GENERAL GRANT. + +The first report of the battle of Sailor's Creek that General Grant +received was, as already stated, an oral message carried by Colonel +Price, of my staff. Near midnight I sent a despatch giving the names +of the generals captured. These were Ewell, Kershaw, Barton, Corse, +Dubose, and Custis Lee. In the same despatch I wrote: "If the thing is +pressed, I think that Lee will surrender." When Mr. Lincoln, at City +Point, received this word from General Grant, who was transmitting +every item of news to the President, he telegraphed Grant the laconic +message: "Let the thing be pressed." The morning of the 7th we moved +out at a very early hour, Crook's division marching toward Farmville in +direct pursuit, while Merritt and Mackenzie were ordered to Prince +Edward's Court House to anticipate any effort Lee might make to escape +through that place toward Danville since it had been discovered that +Longstreet had slipped away already from the front of General Ord's +troops at Rice's Station. Crook overtook the main body of the +Confederates at Farmville, and promptly attacked their trains on the +north side of the Appomattox with Gregg's brigade, which was fiercely +turned upon and forced to re-cross the river with the loss of a number +of prisoner's, among them Gregg himself. When Crook sent word of this +fight, it was clear that Lee had abandoned all effort to escape to the +southwest by way of Danville. Lynchburg was undoubtedly his objective +point now; so, resolving to throw my cavalry again across his path, and +hold him till the infantry could overtake him, I directed everything on +Appomattox depot, recalling Crook the night of the 7th to Prospect +Station, while Merritt camped at Buffalo Creek, and Mackenzie made a +reconnoissance along the Lynchburg railroad. + +At break of day, April 8, Merritt and Mackenzie united with Crook at +Prospect Station, and the cavalry all moved then toward Appomattox +depot. Hardly had it started when one of the scouts—Sergeant +White—informed me that there were four trains of cars at the depot +loaded with supplies for Lee's army; these had been sent from +Lynchburg, in compliance with the telegram of Lee's commissary-general, +which message, it will be remembered, was captured and transmitted to +Lynchburg by two of Young's scouts on the 4th. Sergeant White, who had +been on the lookout for the trains ever since sending the despatch, +found them several miles west of Appomattox depot feeling their way +along, in ignorance of Lee's exact position. As he had the original +despatch with him, and took pains to dwell upon the pitiable condition +of Lee's army, he had little difficulty in persuading the men in charge +of the trains to bring them east of Appomattox Station, but fearing +that the true state of affairs would be learned before long, and the +trains be returned to Lynchburg, he was painfully anxious to have them +cut off by breaking the track west of the station. + +The intelligence as to the trains was immediately despatched to Crook, +and I pushed on to join him with Merritt's command. Custer having the +advance, moved rapidly, and on nearing the station detailed two +regiments to make a detour southward to strike the railroad some +distance beyond and break the track. These regiments set off at a +gallop, and in short order broke up the railroad enough to prevent the +escape of the trains, Custer meanwhile taking possession of the +station, but none too soon, for almost at the moment he did so the +advance-guard of Lee's army appeared, bent on securing the trains. +Without halting to look after the cars further, Custer attacked this +advance-guard and had a spirited fight, in which he drove the +Confederates away from the station, captured twenty-five pieces of +artillery, a hospital train, and a large park of wagons, which, in the +hope that they would reach Lynchburg next day, were being pushed ahead +of Lee's main body. + +Devin coming up a little before dusk, was put in on the right of +Custer, and one of Crook's brigades was sent to our left and the other +two held in reserve. I then forced the enemy back on the Appomattox +road to the vicinity of the Court House, and that the Confederates +might have no rest, gave orders to continue the skirmishing throughout +the night. Meanwhile the captured trains had been taken charge of by +locomotive engineers, soldiers of the command, who were delighted +evidently to get back at their old calling. They amused themselves by +running the trains to and fro, creating much confusion, and keeping up +such an unearthly screeching with the whistles that I was on the point +of ordering the cars burned. They finally wearied of their fun, +however, and ran the trains off to the east toward General Ord's +column. + +The night of the 8th I made my headquarters at a little frame house +just south of the station. I did not sleep at all, nor did anybody +else, the entire command being up all night long; indeed, there had +been little rest in the, cavalry for the past eight days. The +necessity of getting Ord's column up was so obvious now that +staff-officer after staff-officer was sent to him and to General Grant +requesting that the infantry be pushed on, for if it could get to the +front, all knew that the rebellion would be ended on the morrow. +Merritt, Crook, Custer, and Devin were present at frequent intervals +during the night, and everybody was overjoyed at the prospect that our +weary work was about to end so happily. Before sun-up General Ord +arrived, and informed me of the approach of his column, it having been +marching the whole night. As he ranked me, of course I could give him +no orders, so after a hasty consultation as to where his troops should +be placed we separated, I riding to the front to overlook my line near +Appomattox Court House, while he went back to urge along his weary +troops. + +The night before General Lee had held a council with his principal +generals, when it was arranged that in the morning General Gordon +should undertake to break through my cavalry, and when I neared my +troops this movement was beginning, a heavy line of infantry bearing +down on us from the direction of the village. In front of Crook and +Mackenzie firing had already begun, so riding to a slight elevation +where a good view of the Confederates could be had, I there came to the +conclusion that it would be unwise to offer more resistance than that +necessary to give Ord time to form, so I directed Merritt to fall back, +and in retiring to shift Devin and Custer to the right so as to make +room for Ord, now in the woods to my rear. Crook, who with his own and +Mackenzie's divisions was on my extreme left covering some by-roads, +was ordered to hold his ground as long as practicable without +sacrificing his men, and, if forced to retire, to contest with +obstinacy the enemy's advance. + +As already stated, I could not direct General Ord's course, he being my +senior, but hastily galloping back to where he was, at the edge of the +timber, I explained to him what was taking place at the front. +Merritt's withdrawal inspired the Confederates, who forthwith began to +press Crook, their line of battle advancing with confidence till it +reached the crest whence I had reconnoitred them. From this ground +they could see Ord's men emerging from the woods, and the hopelessness +of a further attack being plain, the gray lines instinctively halted, +and then began to retire toward a ridge immediately fronting Appomattox +Court House, while Ord, joined on his right by the Fifth Corps, +advanced on them over the ground that Merritt had abandoned. + +I now directed my steps toward Merritt, who, having mounted his +troopers, had moved them off to the right, and by the time I reached +his headquarters flag he was ready for work, so a move on the enemy's +left was ordered, and every guidon was bent to the front. As the +cavalry marched along parallel with the Confederate line, and in toward +its left, a heavy fire of artillery opened on us, but this could not +check us at such a time, and we soon reached some high ground about +half a mile from the Court House, and from here I could see in the low +valley beyond the village the bivouac undoubtedly of Lee's army. The +troops did not seem to be disposed in battle order, but on the other +side of the bivouac was a line of battle—a heavy +rear-guard—confronting, presumably, General Meade. + +I decided to attack at once, and formations were ordered at a trot for +a charge by Custer's and Devin's divisions down the slope leading to +the camps. Custer was soon ready, but Devin's division being in rear +its formation took longer, since he had to shift further to the right; +Devin's preparations were, therefore, but partially completed when an +aide-decamp galloped up to with the word from Custer, "Lee has +surrendered; do not charge; the white flag is up." The enemy +perceiving that Custer was forming for attack, had sent the flag out to +his front and stopped the charge just in time. I at once sent word of +the truce to General Ord, and hearing nothing more from Custer himself, +I supposed that he had gone down to the Court House to join a mounted +group of Confederates that I could see near there, so I, too, went +toward them, galloping down a narrow ridge, staff and orderlies +following; but we had not got half way to the Court House when, from a +skirt of timber to our right, not more than three hundred yards +distant, a musketry fire was opened on us. This halted us, when, +waving my hat, I called out to the firing party that we were under a +truce, and they were violating it. This did not stop them, however, so +we hastily took shelter in a ravine so situated as to throw a ridge +between us and the danger. + + + + +pb195.jpg (113K) +Full Size + + + +We traveled in safety down this depression to its mouth, and thence by +a gentle ascent approached the Court House. I was in advance, followed +by a sergeant carrying my battleflag. When I got within about a +hundred and fifty yards of the enemy's line, which was immediately in +front of the Court House, some of the Confederates leveled their pieces +at us, and I again halted. Their officers kept their men from firing, +however, but meanwhile a single-handed contest had begun behind me, for +on looking back I heard a Confederate soldier demanding my battle-flag +from the color-bearer, thinking, no doubt, that we were coming in as +prisoners. The sergeant had drawn his sabre and was about to cut the +man down, but at a word from me he desisted and carried the flag back +to my staff, his assailant quickly realizing that the boot was on the +other leg. + +These incidents determined me to remain where I was till the return of +a staff-officer whom I had sent over to demand an explanation from the +group of Confederates for which I had been heading. He came back in a +few minutes with apologies for what had occurred, and informed me that +General Gordon and General Wilcox were the superior officers in the +group. As they wished me to join them I rode up with my staff, but we +had hardly met when in front of Merritt firing began. At the sound I +turned to General Gordon, who seemed embarrassed by the occurrence, and +remarked: "General, your men fired on me as I was coming over here, and +undoubtedly they are treating Merritt and Custer the same way. We +might as well let them fight it out." He replied, "There must be some +mistake." I then asked, "Why not send a staff-officer and have your +people cease firing; they are violating the flag." He answered, "I have +no staff-officer to send." Whereupon I said that I would let him have +one of mine, and calling for Lieutenant Vanderbilt Allen, I directed +him to carry General Gordon's orders to General Geary, commanding a +small brigade of South Carolina cavalry, to discontinue firing. Allen +dashed off with the message and soon delivered it, but was made a +prisoner, Geary saying, "I do not care for white flags: South +Carolinians never surrender...." By this time Merritt's patience being +exhausted, he ordered an attack, and this in short order put an end to +General Geary's "last ditch" absurdity, and extricated Allen from his +predicament. + +When quiet was restored Gordon remarked: "General Lee asks for a +suspension of hostilities pending the negotiations which he is having +with General Grant." I rejoined: "I have been constantly informed of +the progress of the negotiations, and think it singular that while such +discussions are going on, General Lee should have continued his march +and attempted to break through my lines this morning. I will entertain +no terms except that General Lee shall surrender to General Grant on +his arrival here. If these terms are not accepted we will renew +hostilities." Gordon replied: "General Lee's army is exhausted. There +is no doubt of his surrender to General Grant." + +It was then that General Ord joined us, and after shaking hands all +around, I related the situation to him, and Gordon went away agreeing +to meet us again in half an hour. When the time was up he came back +accompanied by General Longstreet, who brought with him a despatch, the +duplicate of one that had been sent General Grant through General +Meade's lines back on the road over which Lee had been retreating. + +General Longstreet renewed the assurances that already had been given +by Gordon, and I sent Colonel Newhall with the despatch to find General +Grant and bring him to the front. When Newhall started, everything on +our side of the Appomattox Court House was quiet, for inevitable +surrender was at hand, but Longstreet feared that Meade, in ignorance +of the new conditions on my front might attack the Confederate +rearguard. To prevent this I offered to send Colonel J. W. Forsyth +through the enemy's lines to let Meade know of my agreement, for he too +was suspicious that by a renewed correspondence Lee was endeavoring to +gain time for escape. My offer being accepted, Forsyth set out +accompanied by Colonel Fairfax, of Longstreet's staff, and had no +difficulty in accomplishing his mission. + +About five or six miles from Appomattox, on the road toward Prospect +Station near its intersection with the Walker's Church road, my +adjutant-general, Colonel Newhall, met General Grant, he having started +from north of the Appomattox River for my front the morning of April 9, +in consequence of the following despatches which had been sent him the +night before, after we had captured Appomattox Station and established +a line intercepting Lee: + + +"CAVALRY HEADQUARTERS, April 8, 1865—9:20 P. M. + +"LIEUTENANT-GENERAL U. S. GRANT, +"Commanding Armies of the U. S. + +"General: I marched early this morning from Buffalo Creek and Prospect +Station on Appomattox Station, where my scouts had reported trains of +cars with supplies for Lee's army. A short time before dark General +Custer, who had the advance, made a dash at the station, capturing four +trains of supplies with locomotives. One of the trains was burned and +the others were run back toward Farmville for security. Custer then +pushed on toward Appomattox Court House, driving the enemy—who kept up +a heavy fire of artillery—charging them repeatedly and capturing, as +far as reported, twenty-five pieces of artillery and a number of +prisoners and wagons. The First Cavalry Division supported him on the +right. A reconnoissance sent across the Appomattox reports the enemy +moving on the Cumberland road to Appomattox Station, where they expect +to get supplies. Custer is still pushing on. If General Gibbon and +the Fifth Corps can get up to-night, we will perhaps finish the job in +the morning. I do not think Lee means to surrender until compelled to +do so. + +"P. H. SHERIDAN, Major-General." + + + +"HEADQUARTERS CAVALRY, April 8, 1865—9:40 p.m. + +"LIEUTENANT-GENERAL U. S. GRANT. +"Commanding Armies U. S. + +"GENERAL: Since writing the accompanying despatch, General Custer +reports that his command has captured in all thirty-five pieces of +artillery, one thousand prisoners—including one general officer—and +from one hundred and fifty to two hundred wagons. + +"P. H. SHERIDAN, Major-General." + +In attempting to conduct the lieutenant-general and staff back by a +short route, Newhall lost his bearings for a time, inclining in toward +the enemy's lines too far, but regained the proper direction without +serious loss of time. General Grant arrived about 1 o'clock in the +afternoon, Ord and I, dismounted, meeting him at the edge of the town, +or crossroads, for it was little more. He remaining mounted, spoke +first to me, saying simply, + +"How are you, Sheridan?" I assured him with thanks that I was +"first-rate," when, pointing toward the village, he asked, "Is General +Lee up there?" and I replied: "There is his army down in that valley, +and he himself is over in that house (designating McLean's house) +waiting to surrender to you." The General then said, "Come, let us go +over," this last remark being addressed to both Ord and me. We two then +mounted and joined him, while our staff-officers followed, +intermingling with those of the general-in-chief as the cavalcade took +its way to McLean's house near by, and where General Lee had arrived +some time before, in consequence of a message from General Grant +consenting to the interview asked for by Lee through Meade's front that +morning—the consent having been carried by Colonel Babcock. + +When I entered McLean's house General Lee was standing, as was also his +military secretary, Colonel Marshall, his only staff-officer present. +General Lee was dressed in a new uniform and wore a handsome sword. +His tall, commanding form thus set off contrasted strongly with the +short figure of General Grant, clothed as he was in a soiled suit, +without sword or other insignia of his position except a pair of dingy +shoulder-straps. After being presented, Ord and I, and nearly all of +General Grant's staff, withdrew to await the agreement as to terms, and +in a little while Colonel Babcock came to the door and said, "The +surrender had been made; you can come in again." + +When we re-entered General Grant was writing; and General Lee, having +in his hand two despatches, which I that morning requested might be +returned, as I had no copies of them, addressed me with the remark: "I +am sorry. It is probable that my cavalry at that point of the line did +not fully understand the agreement." These despatches had been sent in +the forenoon, after the fighting had been stopped, notifying General +Lee that some of his cavalry in front of Crook was violating the +suspension of hostilities by withdrawing. About 3 o'clock in the +afternoon the terms of surrender were written out and accepted, and +General Lee left the house, as he departed cordially shaking hands with +General Grant. A moment later he mounted his chunky gray horse, and +lifting his hat as he passed out of the yard, rode off toward his army, +his arrival there being announced to us by cheering, which, as it +progressed, varying in loudness, told he was riding through the bivouac +of the Army of Northern Virginia. + +The surrender of General Lee practically ended the war of the +rebellion. For four years his army had been the main-stay of the +Confederacy; and the marked ability with which he directed its +operations is evidenced both by his frequent successes and the length +of time he kept up the contest. Indeed, it may be said that till +General Grant was matched against him, he never met an opponent he did +not vanquish, for while it is true that defeat was inflicted on the +Confederates at Antietam and Gettysburg, yet the fruits of these +victories were not gathered, for after each of these battles Lee was +left unmolested till he had a chance to recuperate. + +The assignment of General Grant to the command of the Union armies in +the winter of 1863-64 gave presage of success from the start, for his +eminent abilities had already been proved, and besides, he was a tower +of strength to the Government, because he had the confidence of the +people. They knew that henceforth systematic direction would be given +to our armies in every section of the vast territory over which active +operations were being prosecuted, and further, that this coherence, +this harmony of plan, was the one thing needed to end the war, for in +the three preceding years there had been illustrated most lamentable +effects of the absence of system. From the moment he set our armies in +motion simultaneously, in the spring of 1864, it could be seen that we +should be victorious ultimately, for though on different lines we were +checked now and then, yet we were harassing the Confederacy at so many +vital points that plainly it must yield to our blows. Against Lee's +army, the forefront of the Confederacy, Grant pitted himself; and it +may be said that the Confederate commander was now, for the first time, +overmatched, for against all his devices—the products of a mind fertile +in defense—General Grant brought to bear not only the wealth of +expedient which had hitherto distinguished him, but also an +imperturbable tenacity, particularly in the Wilderness and on the march +to the James, without which the almost insurmountable obstacles of that +campaign could not have been overcome. During it and in the siege of +Petersburg he met with many disappointments—on several occasions the +shortcomings of generals, when at the point of success, leading to +wretched failures. But so far as he was concerned, the only apparent +effect of these discomfitures was to make him all the more determined +to discharge successfully the stupendous trust committed to his care, +and to bring into play the manifold resources of his well ordered +military mind. He guided every subordinate then, and in the last days +of the rebellion, with a fund of common sense and superiority of +intellect, which have left an impress so distinct as to exhibit his +great personality. When his military history is analyzed after the +lapse of years, it will show, even more clearly than now, that during +these as well as in his previous campaigns he was the steadfast Centre +about and on which everything else turned. + + + + +CHAPTER IX. + + +ORDERED TO GREENSBORO', N. C.—MARCH TO THE DAN RIVER—ASSIGNED TO THE +COMMAND WEST OF THE MISSISSIPPI—LEAVING WASHINGTON—FLIGHT OF GENERAL +EARLY—MAXIMILIAN—MAKING DEMONSTRATIONS ON THE UPPER RIO +GRANDE—CONFEDERATES JOIN MAXIMILIAN—THE FRENCH INVASION OF MEXICO AND +ITS RELATIONS TO THE REBELLION—ASSISTING THE LIBERALS—RESTORATION OF +THE REPUBLIC. + + + + +pb207.jpg (121K) +Full Size + + + +The surrender at Appomattox put a stop to all military operations on +the part of General Grant's forces, and the morning of April 10 my +cavalry began its march to Petersburg, the men anticipating that they +would soon be mustered out and returned to their homes. At Nottoway +Court House I heard of the assassination of the President. The first +news came to us the night after the dastardly deed, the telegraph +operator having taken it from the wires while in transmission to +General Meade. The despatch ran that Mr. Lincoln had been, shot at 10 +o'clock that morning at Willard's Hotel, but as I could conceive of +nothing to take the President there I set the story down as a canard, +and went to bed without giving it further thought. Next morning, +however, an official telegram confirmed the fact of the assassination, +though eliminating the distorted circumstances that had been +communicated the night before. + +When we reached Petersburg my column was halted, and instructions given +me to march the cavalry and the Sixth Corps to Greensboro', North +Carolina, for the purpose of aiding General Sherman (the surrender of +General Johnston having not yet been effected), so I made the necessary +preparations and moved on the 24th of April, arriving at South Boston, +on the Dan River, the 28th, the Sixth Corps having reached Danville +meanwhile. At South Boston I received a despatch from General Halleck, +who immediately after Lee's surrender had been assigned to command at +Richmond, informing me that General Johnston had been brought to terms. + The necessity for going farther south being thus obviated we retraced +our steps to Petersburg, from which place I proceeded by steamer to +Washington, leaving, the cavalry to be marched thither by easy stages. + +The day after my arrival in Washington an important order was sent me, +accompanied by the following letter of instructions, transferring me to +a new field of operations: + + +"HEADQUARTERS ARMIES OF THE UNITED STATES. +"Washington, D. C., May 17, 1865. + +"GENERAL: Under the orders relieving you from the command of the Middle +Military Division and assigning you to command west of the Mississippi, +you will proceed without delay to the West to arrange all preliminaries +for your new field of duties. + +"Your duty is to restore Texas, and that part of Louisiana held by the +enemy, to the Union in the shortest practicable time, in a way most +effectual for securing permanent peace. + +"To do this, you will be given all the troops that can be spared by +Major-General Canby, probably twenty-five thousand men of all arms; the +troops with Major-General J. J. Reynolds, in Arkansas, say twelve +thousand, Reynolds to command; the Fourth Army Corps, now at Nashville, +Tennessee, awaiting orders; and the Twenty-Fifth Army Corps, now at +City Point, Virginia, ready to embark. + +"I do not wish to trammel you with instructions; I will state, however, +that if Smith holds out, without even an ostensible government to +receive orders from or to report to, he and his men are not entitled to +the considerations due to an acknowledged belligerent. Theirs are the +conditions of outlaws, making war against the only Government having an +existence over the territory where war is now being waged. + +"You may notify the rebel commander west of the Mississippi—holding +intercourse with him in person, or through such officers of the rank of +major-general as you may select—that he will be allowed to surrender +all his forces on the same terms as were accorded to Lee and Johnston. +If he accedes, proceed to garrison the Red River as high up as +Shreveport, the seaboard at Galveston, Malagorda Bay, Corpus Christi, +and mouth of the Rio Grande. + +"Place a strong force on the Rio Grande, holding it at least to a point +opposite Camargo, and above that if supplies can be procured. + +"In case of an active campaign (a hostile one) I think a heavy force +should be put on the Rio Grande as a first preliminary. Troops for +this might be started at once. The Twenty-Fifth Corps is now +available, and to it should be added a force of white troops, say those +now under Major-General Steele. + +"To be clear on this last point, I think the Rio Grande should be +strongly held, whether the forces in Texas surrender or not, and that +no time should be lost in getting troops there. If war is to be made, +they will be in the right place; if Kirby Smith surrenders, they will +be on the line which is to be strongly garrisoned. + +"Should any force be necessary other than those designated, they can be +had by calling for them on Army Headquarters. + +"U. S. GRANT, +"Lieutenant-General. + + +"To MAJOR-GENERAL P. H. SHERIDAN, +"United States Army." + +On receipt of these instructions I called at once on General Grant, to +see if they were to be considered so pressing as to preclude my +remaining in Washington till after the Grand Review, which was fixed +for the 23d and 24th of May, for naturally I had a strong desire to +head my command on that great occasion. But the General told me that +it was absolutely necessary to go at once to force the surrender of the +Confederates under Kirby Smith. He also told me that the States lately +in rebellion would be embraced in two or three military departments, +the commanders of which would control civil affairs until Congress took +action about restoring them to the Union, since that course would not +only be economical and simple, but would give the Southern people +confidence, and encourage them to go to work, instead of distracting +them with politics. + +At this same interview he informed me that there was an additional +motive in sending me to the new command, a motive not explained by the +instructions themselves, and went on to say that, as a matter of fact, +he looked upon the invasion of Mexico by Maximilian as a part of the +rebellion itself, because of the encouragement that invasion had +received from the Confederacy, and that our success in putting down +secession would never be complete till the French and Austrian invaders +were compelled to quit the territory of our sister republic. With +regard to this matter, though, he said it would be necessary for me to +act with great circumspection, since the Secretary of State, Mr. +Seward, was much opposed to the use of our troops along the border in +any active way that would be likely to involve us in a war with +European powers. + +Under the circumstances, my disappointment at not being permitted to +participate in the review had to be submitted to, and I left Washington +without an opportunity of seeing again in a body the men who, while +under my command, had gone through so many trials and unremittingly +pursued and, assailed the enemy, from the beginning of the campaign of +1864 till the white flag came into their hands at Appomattox Court +House. + +I went first to St. Louis, and there took the steamboat for New +Orleans, and when near the mouth of the Red River received word from +General Canby that Kirby Smith had surrendered under terms similar to +those accorded Lee and Johnston. But the surrender was not carried out +in good faith, particularly by the Texas troops, though this I did not +learn till some little time afterward when I was informed that they had +marched off to the interior of the State in several organized bodies, +carrying with them their camp equipage, arms, ammunition, and even some +artillery, with the ultimate purpose of going to Mexico. In +consequence of this, and also because of the desire of the Government +to make a strong showing of force in Texas, I decided to traverse the +State with two columns of cavalry, directing one to San Antonio under +Merritt, the other to Houston under Custer. Both commands were to +start from the Red River—Shreveport and Alexandria—being the respective +initial points—and in organizing the columns, to the mounted force +already on the Red River were added several regiments of cavalry from +the east bank of the, Mississippi, and in a singular way one of these +fell upon the trail of my old antagonist, General Early. While +crossing the river somewhere below Vicksburg some of the men noticed a +suspicious looking party being ferried over in a rowboat, behind which +two horses were swimming in tow. Chase was given, and the horses, +being abandoned by the party, fell into the hands of our troopers, who, +however, failed to capture or identify the people in the boat. As +subsequently ascertained, the men were companions of Early, who was +already across the Mississippi, hidden in the woods, on his way with +two or three of these followers to join the Confederates in Texas, not +having heard of Kirby Smith's surrender. A week or two later I +received a letter from Early describing the affair, and the capture of +the horses, for which he claimed pay, on the ground that they were +private property, because he had taken them in battle. The letter also +said that any further pursuit of Early would be useless, as he +"expected to be on the deep blue sea" by the time his communication +reached me. The unfortunate man was fleeing from imaginary dangers, +however, for striking his trail was purely accidental, and no effort +whatever was being made to arrest him personally. Had this been +especially desired it might have been accomplished very readily just +after Lee's surrender, for it was an open secret that Early was then +not far away, pretty badly disabled with rheumatism. + +By the time the two columns were ready to set out for San Antonio and +Houston, General Frank Herron,—with one division of the Thirteenth +Corps, occupied Galveston, and another division under General Fred +Steele had gone to Brazos Santiago, to hold Brownsville and the line of +the Rio Grande, the object being to prevent, as far as possible, the +escaping Confederates from joining Maximilian. With this purpose in +view, and not forgetting Grant's conviction that the French invasion of +Mexico was linked with the rebellion, I asked for an increase of force +to send troops into Texas in fact, to concentrate at available points +in the State an army strong enough to move against the invaders of +Mexico if occasion demanded. The Fourth and Twenty-fifth army corps +being ordered to report to me, accordingly, I sent the Fourth Corps to +Victoria and San Antonio, and the bulk of the Twenty-fifth to +Brownsville. Then came the feeding and caring for all these troops—a +difficult matter—for those at Victoria and San Antonio had to be +provisioned overland from Indianola across the "hog-wallow prairie," +while the supplies for the forces at Brownsville and along the Rio +Grande must come by way of Brazos Santiago, from which point I was +obliged to construct, with the labor of the men, a railroad to +Clarksville, a distance of about eighteen miles. + +The latter part of June I repaired to Brownsville myself to impress the +Imperialists, as much as possible, with the idea that we intended +hostilities, and took along my chief of scouts—Major Young—and four of +his most trusty men, whom I had had sent from Washington. From +Brownsville I despatched all these men to important points in northern +Mexico, to glean information regarding the movements of the Imperial +forces, and also to gather intelligence about the ex-Confederates who +had crossed the Rio Grande. On information furnished by these scouts, +I caused General Steele to make demonstrations all along the lower Rio +Grande, and at the same time demanded the return of certain munitions +of war that had been turned over by ex-Confederates to the Imperial +General (Mejia) commanding at Matamoras. These demands, backed up as +they were by such a formidable show of force created much agitation and +demoralization among the Imperial troops, and measures looking to the +abandonment of northern Mexico were forthwith adopted by those in +authority—a policy that would have resulted in the speedy evacuation of +the entire country by Maximilian, had not our Government weakened; +contenting itself with a few pieces of the contraband artillery +varnished over with the Imperial apologies. A golden opportunity was +lost, for we had ample excuse for crossing the boundary, but Mr. Seward +being, as I have already stated, unalterably opposed to any act likely +to involve us in war, insisted on his course of negotiation with +Napoleon. + +As the summer wore away, Maximilian, under Mr. Seward's policy, gained +in strength till finally all the accessible sections of Mexico were in +his possession, and the Republic under President Juarez almost +succumbed. Growing impatient at this, in the latter part of September +I decided to try again what virtue there might be in a hostile +demonstration, and selected the upper Rio Grande for the scene of my +attempt. Merritt's cavalry and the Fourth Corps still being at San +Antonio, I went to that place and reviewed these troops, and having +prepared them with some ostentation for a campaign, of course it was +bruited about that we were going to invade Mexico. Then, escorted by a +regiment of horse I proceeded hastily to Fort Duncan, on the Rio Grande +just opposite the Mexican town of Piedras Negras. Here I opened +communication with President Juarez, through one of his staff, taking +care not to do this in the dark, and the news, spreading like wildfire, +the greatest significance was ascribed to my action, it being reported +most positively and with many specific details that I was only awaiting +the arrival of the troops, then under marching orders at San Antonio, +to cross the Rio Grande in behalf of the Liberal cause. + +Ample corroboration of the reports then circulated was found in my +inquiries regarding the quantity of forage we could depend upon getting +in Mexico, our arrangements for its purchase, and my sending a pontoon +train to Brownsville, together with which was cited the renewed +activity of the troops along the lower Rio Grande. These reports and +demonstrations resulted in alarming the Imperialists so much that they +withdrew the French and Austrian soldiers from Matamoras, and +practically abandoned the whole of northern Mexico as far down as +Monterey, with the exception of Matamoras, where General Mejia +continued to hang on with a garrison of renegade Mexicans. + +The abandonment of so much territory in northern Mexico encouraged +General Escobedo and other Liberal leaders to such a degree that they +collected a considerable army of their followers at Comargo, Mier, and +other points. At the same time that unknown quantity, Cortinas, +suspended his free-booting for the nonce, and stoutly harassing +Matamoras, succeeded in keeping its Imperial garrison within the +fortifications. Thus countenanced and stimulated, and largely supplied +with arms and ammunition, which we left at convenient places on our +side of the river to fall into their hands, the Liberals, under General +Escobedo—a man of much force of character—were enabled in northern +Mexico to place the affairs of the Republic on a substantial basis. + +But in the midst of what bade fair to cause a final withdrawal of the +foreigners, we were again checked by our Government, as a result of +representations of the French Minister at Washington. In October, he +wrote to Mr. Seward that the United States troops on the Rio Grande +were acting "in exact opposition to the repeated assurances Your +Excellency has given me concerning the desire of the Cabinet at +Washington to preserve the most strict neutrality in the events now +taking place in Mexico," and followed this statement with an emphatic +protest against our course. Without any investigation whatever by our +State Department, this letter of the French Minister was transmitted to +me, accompanied by directions to preserve a strict neutrality; so, of +course, we were again debarred from anything like active sympathy. + +After this, it required the patience of Job to abide the slow and poky +methods of our State Department, and, in truth, it was often very +difficult to restrain officers and men from crossing the Rio Grande +with hostile purpose. Within the knowledge of my troops, there had +gone on formerly the transfer of organized bodies of ex-Confederates to +Mexico, in aid of the Imperialists, and at this period it was known +that there was in preparation an immigration scheme having in view the +colonizing, at Cordova and one or two other places, of all the +discontented elements of the defunct Confederacy—Generals Price, +Magruder, Maury, and other high personages being promoters of the +enterprise, which Maximilian took to readily. He saw in it the +possibilities of a staunch support to his throne, and therefore not +only sanctioned the project, but encouraged it with large grants of +land, inspirited the promoters with titles of nobility, and, in +addition, instituted a system of peonage, expecting that the silver +hook thus baited would be largely swallowed by the Southern people. + +The announcement of the scheme was followed by the appointment of +commissioners in each of the Southern States to send out emigrants; but +before any were deluded into starting, I made to General Grant a report +of what was going on, with the recommendation that measures be taken, +through our State Department, looking to the suppression of the colony; +but, as usual, nothing could be effected through that channel; so, as +an alternative, I published, in April, 1866, by authority of General +Grant, an order prohibiting the embarkation from ports in Louisiana and +Texas, for ports in Mexico, of any person without a permit from my +headquarters. This dampened the ardor of everybody in the Gulf States +who had planned to go to Mexico; and although the projectors of the +Cordova Colonization Scheme—the name by which it was known—secured a +few innocents from other districts, yet this set-back led ultimately to +failure. + +Among the Liberal leaders along the Rio Grande during this period there +sprang up many factional differences from various causes, some +personal, others political, and some, I regret to say, from downright +moral obliquity—as, for example, those between Cortinas and +Canales—who, though generally hostile to the Imperialists, were +freebooters enough to take a shy at each other frequently, and now and +then even to join forces against Escobedo, unless we prevented them by +coaxing or threats. A general who could unite these several factions +was therefore greatly needed, and on my return to New Orleans I so +telegraphed General Grant, and he, thinking General Caravajal (then in +Washington seeking aid for the Republic) would answer the purpose, +persuaded him to report to me in New Orleans. Caravajal promptly +appeared, but he did not impress me very favorably. He was old and +cranky, yet, as he seemed anxious to do his best, I sent him over to +Brownsville, with credentials, authorizing him to cross into Mexico, +and followed him myself by the next boat. When I arrived in +Brownsville, matters in Matamoras had already reached a crisis. General +Mejia, feeling keenly the moral support we were giving the Liberals, +and hard pressed by the harassing attacks of Cortinas and Canales, had +abandoned the place, and Caravajal, because of his credentials from our +side, was in command, much to the dissatisfaction of both those chiefs +whose differences it was intended he should reconcile. + +The, day after I got to Brownsville I visited Matamoras, and had a long +interview with Caravajal. The outcome of this meeting was, on my part, +a stronger conviction than ever that he was unsuitable, and I feared +that either Canales or Cortinas would get possession of the city. +Caravajal made too many professions of what he would do—in short, +bragged too much—but as there was no help for the situation, I made the +best of it by trying to smooth down the ruffled feathers of Canales and +Cortinas. In my interview with Caravajal I recommended Major Young as +a confidential man, whom he could rely upon as a "go-between" for +communicating with our people at Brownsville, and whom he could trust +to keep him informed of the affairs of his own country as well. + +A day or two afterward I recrossed the Gulf to New Orleans, and then, +being called from my headquarters to the interior of Texas, a fortnight +passed before I heard anything from Brownsville. In the meanwhile +Major Young had come to New Orleans, and organized there a band of men +to act as a body-guard for Caravajal, the old wretch having induced him +to accept the proposition by representing that it had my concurrence. +I at once condemned the whole business, but Young, having been +furnished with seven thousand dollars to recruit the men and buy their +arms, had already secured both, and was so deeply involved in the +transaction, he said, that he could not withdraw without dishonor, and +with tears in his eyes he besought me to help him. He told me he had +entered upon the adventure in the firm belief that I would countenance +it; that the men and their equipment were on his hands; that he must +make good his word at all hazards; and that while I need not approve, +yet I must go far enough to consent to the departure of the men, and to +loan him the money necessary to provision his party and hire a schooner +to carry them to Brazos. It was hard in deed to resist the appeals of +this man, who had served me so long and so well, and the result of his +pleading was that I gave him permission to sail, and also loaned him +the sum asked for; but I have never ceased to regret my consent, for +misfortune fell upon the enterprise almost from its inception. + +By the time the party got across the Gulf and over to Brownsville, +Caravajal had been deposed by Canales, and the latter would not accept +their services. This left Young with about fifty men to whom he was +accountable, and as he had no money to procure them subsistence, they +were in a bad fix. The only thing left to do was to tender their +services to General Escobedo, and with this in view the party set out +to reach the General's camp, marching up the Rio Grande on the American +side, intending to cross near Ringgold Bar racks. In advance of them, +however, had spread far and wide the tidings of who they were, what +they proposed to do, and where they were going, and before they could +cross into Mexico they were attacked by a party of ex-Confederates and +renegade Mexican rancheros. Being on American soil, Young forbade his +men to return the fire, and bent all his efforts to getting them over +the river; but in this attempt they were broken up, and became +completely demoralized. A number of the men were drowned while +swimming the river, Young himself was shot and killed, a few were +captured, and those who escaped—about twenty in all—finally joined +Escobedo, but in such a plight as to be of little use. With this +distressing affair came to an end pretty much all open participation of +American sympathizers with the Liberal cause, but the moral support +afforded by the presence of our forces continued, and this was +frequently supplemented with material aid in the shape of munitions of +war, which we liberally supplied, though constrained to do so by the +most secret methods. + +The term of office of Juarez as President of the Mexican Republic +expired in December, 1865, but to meet existing exigencies he had +continued himself in office by proclamation, a course rendered +necessary by the fact that no elections could be held on account of the +Imperial occupation of most of the country. The official who, by the +Mexican Constitution, is designated for the succession in such an +emergency, is the President of the Supreme Court, and the person then +eligible under this provision was General Ortega, but in the interest +of the Imperialists he had absented himself from Mexico, hence the +patriotic course of Juarez in continuing himself at the head of affairs +was a necessity of the situation. This action of the President gave +the Imperialists little concern at first, but with the revival of the +Liberal cause they availed themselves of every means to divide its +supporters, and Ortega, who had been lying low in the United States, +now came forward to claim the Presidency. Though ridiculously late for +such a step, his first act was to issue a manifesto protesting against +the assumption of the executive authority by Juarez. The protest had +little effect, however, and his next proceeding was to come to New +Orleans, get into correspondence with other disaffected Mexicans, and +thus perfect his plans. When he thought his intrigue ripe enough for +action, he sailed for Brazos, intending to cross the Rio Grande and +assert his claims with arms. While he was scheming in New Orleans, +however, I had learned what he was up to, and in advance of his +departure had sent instructions to have him arrested on American soil. +Colonel Sedgwick, commanding at Brownsville, was now temporary master +of Matamoras also, by reason of having stationed some American troops +there for the protection of neutral merchants, so when Ortega appeared +at Brazos, Sedgwick quietly arrested him and held him till the city of +Matamoras was turned over to General Escobedo, the authorized +representative of Juarez; then Escobedo took charge, of Ortega, and +with ease prevented his further machinations. + +During the winter and spring of 1866 we continued covertly supplying +arms and ammunition to the Liberals—sending as many as 30,000 muskets +from Baton Rouge Arsenal alone—and by mid-summer Juarez, having +organized a pretty good sized army, was in possession of the whole line +of the Rio Grande, and, in fact, of nearly the whole of Mexico down to +San Louis Potosi. Then thick and fast came rumors pointing to the +tottering condition of Maximilian's Empire-first, that Orizaba and Vera +Cruz were being fortified; then, that the French were to be withdrawn; +and later came the intelligence that the Empress Carlotta had gone home +to beg assistance from Napoleon, the author of all of her husband's +troubles. But the situation forced Napoleon to turn a deaf ear to +Carlotta's prayers. The brokenhearted woman besought him on her knees, +but his fear of losing an army made all pleadings vain. In fact, as I +ascertained by the following cablegram which came into my hands, +Napoleon's instructions for the French evacuation were in Mexico at the +very time of this pathetic scene between him and Carlotta. The +despatch was in cipher when I received it, but was translated by the +telegraph operator at my headquarters, who long before had mastered the +key of the French cipher: + + +"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La. + +"To GENERAL CASTELNAU, at Mexico. + +"Received your despatch of the 9th December. Do not compel the Emperor +to abdicate, but do not delay the departure of the troops; bring back +all those who will not remain there. Most of the fleet has left. + +"NAPOLEON." + +This meant the immediate withdrawal of the French. The rest of the +story—which has necessarily been but in outline—is soon told. +Maximilian, though deserted, determined to hold out to the last, and +with the aid of disloyal Mexicans stuck to his cause till the spring. +When taken prisoner at Queretaro, he was tried and executed under +circumstances that are well known. From promptings of humanity +Secretary Seward tried hard to save the Imperial prisoner, but without +success. The Secretary's plea for mercy was sent through me at New +Orleans, and to make speed I hired a steamer to proceed with it across +the Gulf to Tampico. The document was carried by Sergeant White, one +of my scouts, who crossed the country from Tampico, and delivered it to +Escobedo at Queretaro; but Mr. Seward's representations were without +avail—refused probably because little mercy had been shown certain +Liberal leaders unfortunate enough to fall into Maximilian's hands +during the prosperous days of his Empire. + +At the close of our war there was little hope for the Republic of +Mexico. Indeed, till our troops were concentrated on the Rio Grande +there was none. Our appearance in such force along the border +permitted the Liberal leaders, refugees from their homes, to establish +rendezvous whence they could promulgate their plans in safety, while +the countenance thus given the cause, when hope was well-nigh gone, +incited the Mexican people to renewed resistance. Beginning again with +very scant means, for they had lost about all, the Liberals saw their +cause, under the influence of such significant and powerful backing, +progress and steadily grow so strong that within two years Imperialism +had received its death-blow. I doubt very much whether such, results +could have been achieved without the presence of an American army on +the Rio Grande, which, be it remembered, was sent there because, in +General Grant's words, the French invasion of Mexico was so closely +related to the rebellion as to be essentially a part of it. + +[Illustration] + + + + +CHAPTER X. + + +A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS—ASSEMBLES A +CONSTITUTIONAL CONVENTION—THE TEXANS +DISSATISFIED—LAWLESSNESS—OPPRESSIVE LEGISLATION—EX-CONFEDERATES +CONTROLLING LOUISIANA—A CONSTITUTIONAL CONVENTION—THE MEETING +SUPPRESSED—A BLOODY RIOT—MY REPORTS OF THE MASSACRE—PORTIONS SUPPRESSED +BY PRESIDENT JOHNSON—SUSTAINED BY A CONGRESSIONAL COMMITTEE—THE +RECONSTRUCTION LAWS. + +Although in 1865-66 much of my attention was directed to international +matters along the Rio Grande, the civil affairs of Texas and Louisiana +required a certain amount of military supervision also in the absence +of regularly established civil authority. At the time of Kirby Smith's +surrender the National Government had formulated no plan with regard to +these or the other States lately in rebellion, though a provisional +Government had been set up in Louisiana as early as 1864. In +consequence of this lack of system, Governor Pendleton Murray, of +Texas, who was elected under Confederate rule, continued to discharge +the duties of Governor till President Johnson, on June 17, in harmony +with his amnesty proclamation of May 29, 1865, appointed A. J. Hamilton +provisional Governor. Hamilton was empowered by the President to call +a Constitutional convention, the delegates to which were to be elected, +under certain prescribed qualifications, for the purpose of organizing +the political affairs of the State, the Governor to be guided by +instructions similar to those given the provisional Governor of North +Carolina (W. W. Holden), when appointed in May. + +The convening of this body gave rise to much dissatisfaction among the +people of Texas. They had assumed that affairs were to go on as of +old, and that the reintegration of the State was to take place under +the administration of Governor Murray, who, meanwhile, had taken it +upon himself, together with the Legislature, to authorize the election +of delegates to a State Convention, without restriction as to who +should be entitled to vote. Thus encouraged, the element but lately in +armed rebellion was now fully bent on restoring the State to the Union +without any intervention whatever of the Federal Government; but the +advent of Hamilton put an end to such illusions, since his proclamation +promptly disfranchised the element in question, whose consequent +disappointment and chagrin were so great as to render this factor of +the community almost uncontrollable. The provisional Governor at once +rescinded the edict of Governor Murray, prohibited the assembling of +his convention, and shortly after called, one himself, the delegates to +which were to b chosen by voters who could take the amnesty-oath. The +proclamation convening this assemblage also announced the policy that +would be pursued in governing the State until its affairs were +satisfactorily reorganized, defined in brief the course to be followed +by the Judiciary, and provided for the appointment, by the Governor, of +county officials to succeed those known to be disloyal. As this action +of Hamilton's disfranchised all who could not take the amnesty oath, +and of course deprived them of the offices, it met at once with +pronounced and serious opposition, and he quickly realized that he had +on his hands an arduous task to protect the colored people, +particularly as in the transition state of society just after the close +of the war there prevailed much lawlessness, which vented itself +chiefly on the freedmen. It was greatly feared that political rights +were to be given those so recently in servitude, and as it was +generally believed that such enfranchisement would precipitate a race +war unless the freedmen were overawed and kept in a state of +subjection, acts of intimidation were soon reported from all parts of +the State. + +Hamilton, an able, determined, and fearless man, tried hard to curb +this terrorism, but public opinion being strong against him, he could +accomplish little without military aid. As department commander, I was +required, whenever called upon, to assist his government, and as these +requisitions for help became necessarily very frequent, the result was +that shortly after he assumed his duties, detachments of troops were +stationed in nearly every county of the State. By such disposition of +my forces fairly good order was maintained under the administration of +Hamilton, and all went well till the inauguration of J. W. +Throckmorton, who, elected Governor in pursuance of an authorization +granted by the convention which Hamilton had called together, assumed +the duties of the office August 9, 1866. + +One of Governor Throckmorton's first acts was to ask the withdrawal or +non-interference of the military. This was not all granted, but under +his ingenious persuasion President Johnson, on the 13th of August, +1866, directed that the new State officials be entrusted with the +unhampered control of civil affairs, and this was more than enough to +revive the bulldozing methods that had characterized the beginning of +Hamilton's administration. Oppressive legislation in the shape of +certain apprentice and vagrant laws quickly followed, developing a +policy of gross injustice toward the colored people on the part of the +courts, and a reign of lawlessness and disorder ensued which, +throughout the remote districts of the State at least, continued till +Congress, by what are known as the Reconstruction Acts, took into its +own hands the rehabilitation of the seceded States. + +In the State of Louisiana a provisional government, chosen by the loyal +element, had been put in operation, as already mentioned, as early as +1864. This was effected under encouragement given by President +Lincoln, through the medium of a Constitutional convention, which met +at New Orleans in April, 1864, and adjourned in July. The constitution +then agreed upon was submitted to the people, and in September, 1864, +was ratified by a vote of the few loyal residents of the State. + +The government provided under this constitution being looked upon as +provisional merely, was never recognized by Congress, and in 1865 the +returned Confederates, restored to citizenship by the President's +amnesty proclamation, soon got control of almost all the State. The +Legislature was in their hands, as well as most of the State and +municipal offices; so, when the President, on the 20th of August, 1866, +by proclamation, extended his previous instructions regarding civil +affairs in Texas so as to have them apply to all the seceded States, +there at once began in Louisiana a system of discriminative legislation +directed against the freedmen, that led to flagrant wrongs in the +enforcement of labor contracts, and in the remote parishes to numbers +of outrages and murders. + +To remedy this deplorable condition of things, it was proposed, by +those who had established the government of 1864, to remodel the +constitution of the State; and they sought to do this by reassembling +the convention, that body before its adjournment having provided for +reconvening under certain conditions, in obedience to the call of its +president. Therefore, early in the summer of 1866, many members of +this convention met in conference at New Orleans, and decided that a +necessity existed for reconvening the delegates, and a proclamation was +issued accordingly by B. K. Howell, President-pro-tempore. + +Mayor John T. Monroe and the other officials of New Orleans looked +upon this proposed action as revolutionary, and by the time the +convention assembled (July 30), such bitterness of feeling prevailed +that efforts were made by the mayor and city police to suppress the +meeting. A bloody riot followed, resulting, in the killing and +wounding of about a hundred and sixty persons. + +I happened to be absent from the city at the time, returning from +Texas, where I had been called by affairs on the Rio Grande. On my way +up from the mouth of the Mississippi I was met on the night of July 30 +by one of my staff, who reported what had occurred, giving the details +of the massacre—no milder term is fitting—and informing me that, to +prevent further slaughter, General Baird, the senior military officer +present, had assumed control of the municipal government. On reaching +the city I made an investigation, and that night sent the following +report of the affair: + + +"HEADQUARTERS MILITARY DIVISION OF THE GULF, +"NEW ORLEANS, LA., Aug. 1, 1866. + +"GENERAL U. S. GRANT: + +"You are doubtless aware of the serious riot which occurred in this +city on the 30th. A political body, styling themselves the Convention +of 1864, met on the 30th, for, as it is alleged, the purpose of +remodeling the present constitution of the State. The leaders were +political agitators and revolutionary men, and the action of the +convention was liable to produce breaches of the public peace. I had +made up my mind to arrest the head men, if the proceedings of the +convention were calculated to disturb the tranquility of the +Department; but I had no cause for action until they committed the +overt act. In the meantime official duty called me to Texas, and the +mayor of the city, during my absence suppressed the convention by the +use of the police force, and in so doing attacked the members of the +convention, and a party of two hundred negroes, with fire-arms, clubs, +and knives, in a manner so unnecessary and atrocious as to compel me to +say that it was murder. About forty whites and blacks were thus killed, +and about one hundred and sixty wounded. Everything is now quiet, but +I deem it best to maintain a military supremacy in the city for a few +days, until the affair is fully investigated. I believe the sentiment +of the general community is great regret at this unnecessary cruelty, +and that the police could have made any arrest they saw fit without +sacrificing lives. + +"P. H. SHERIDAN, +"Major-General Commanding." + + +On receiving the telegram, General Grant immediately submitted it to +the President. Much clamor being made at the North for the publication +of the despatch, Mr. Johnson pretended to give it to the newspapers. +It appeared in the issues of August 4, but with this paragraph omitted, +viz.: + + +"I had made up my mind to arrest the head men, if the proceedings of +the convention were calculated to disturb the tranquility of the +Department, but I had no cause for action until they committed the +overt act. In the mean time official duty called me to Texas, and the +mayor of the city, during my absence, suppressed the convention by the +use of the police force, and in so doing attacked the members of the +convention, and a party of two hundred negroes, with fire-arms, clubs, +and knives, in a manner so unnecessary and atrocious as to compel me to +say it was murder." + +Against this garbling of my report—done by the President's own order—I +strongly demurred; and this emphatic protest marks the beginning of Mr. +Johnson's well-known personal hostility toward me. In the mean time I +received (on August 3) the following despatch from General Grant +approving my course: + + + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"WAR DEPT., WASHINGTON, D. C., "August 3, 1866—5 p.m. + +"MAJOR-GENERAL P. H. SHERIDAN, +"Commanding Mil. Div. of the Gulf, +"New Orleans, La. + +"Continue to enforce martial law, so far as may be necessary to +preserve the peace; and do not allow any of the civil authorities to +act, if you deem such action dangerous to the public safety. Lose no +time in investigating and reporting the causes that led to the riot, +and the facts which occurred. + +"U. S. GRANT, +"Lieutenant-General." + +In obedience to the President's directions, My report of August 1 was +followed by another, more in detail, which I give in full, since it +tells the whole story of the riot: + + +"HEADQUARTERS MILITARY DIVISION OF THE GULF, +"NEW ORLEANS, LA., August 6, 1866. + +"His EXCELLENCY ANDREW JOHNSON, +"President United States + +"I have the honor to make the following reply to your despatch of +August 4. A very large number of colored people marched in procession +on Friday night, July twenty-seven (27), and were addressed from the +steps of the City Hall by Dr. Dostie, ex-Governor Hahn, and others. +The speech of Dostie was intemperate in language and sentiment. The +speeches of the others, so far as I can learn, were characterized by +moderation. I have not given you the words of Dostie's speech, as the +version published was denied; but from what I have learned of the man, +I believe they were intemperate. + +"The convention assembled at twelve (12)M. on the thirtieth (30), the +timid members absenting themselves because the tone of the general +public was ominous of trouble. I think there were about twenty-six +(26) members present. In front of the Mechanics Institute, where the +meeting was held, there were assembled some colored men, women, and +children, perhaps eighteen (18) or twenty (20), and in the Institute a +number of colored men, probably one hundred and fifty (150). Among +those outside and inside there might have been a pistol in the +possession of every tenth (10) man. + +"About one (1) p. m. a procession of say from sixty (60) to one +hundred and thirty (130) colored men marched up Burgundy Street and +across Canal Street toward the convention, carrying an American flag. +These men had about one pistol to every ten men, and canes and clubs in +addition. While crossing Canal Street a row occurred. There were many +spectators on the street, and their manner and tone toward the +procession unfriendly. A shot was fired, by whom I am not able to +state, but believe it to have been by a policeman, or some colored man +in the procession. This led to other shots and a rush after the +procession. On arrival at the front of the Institute there was some +throwing of brickbats by both sides. The police, who had been held +well in hand, were vigorously marched to the scene of disorder. The +procession entered the Institute with the flag, about six (6) or eight +(8) remaining outside. A row occurred between a policeman and one of +these colored men, and a shot was again fired by one of the parties, +which led to an indiscriminate fire on the building through the windows +by the policemen. This had been going on for a short time, when a +white flag was displayed from the windows of the Institute, whereupon +the firing ceased, and the police rushed into the building. + +"From the testimony of wounded men, and others who were inside the +building, the policemen opened an indiscriminate fire upon the audience +until they had emptied their revolvers, when they retired, and those +inside barricaded the doors. The door was broken in, and the firing +again commenced, when many of the colored and white people either +escaped throughout the door or were passed out by the policemen inside; +but as they came out the policemen who formed the circle nearest the +building fired upon them, and they were again fired upon by the +citizens that formed the outer circle. Many of those wounded and taken +prisoners, and others who were prisoners and not wounded, were fired +upon by their captors and by citizens. The wounded were stabbed while +lying on the ground, and their heads beaten with brickbats. In the +yard of the building, whither some of the colored men had escaped and +partially secreted themselves, they were fired upon and killed or +wounded by policemen. Some were killed and wounded several squares +from the scene. Members of the convention were wounded by the police +while in their hands as prisoners, some of them mortally. + +"The immediate cause of this terrible affair was the assemblage of this +Convention; the remote cause was the bitter and antagonistic feeling +which has been growing in this community since the advent of the +present Mayor, who, in the organization of his police force, selected +many desperate men, and some of them known murderers. People of clear +views were overawed by want of confidence in the Mayor, and fear of the +thugs, many of which he had selected for his police force. I have +frequently been spoken to by prominent citizens on this subject, and +have heard them express fear, and want of confidence in Mayor Monroe. +Ever since the intimation of this last convention movement I must +condemn the course of several of the city papers for supporting, by +their articles, the bitter feeling of bad men. As to the merciless +manner in which the convention was broken up, I feel obliged to confess +strong repugnance. + +"It is useless to disguise the hostility that exists on the part of a +great many here toward Northern men, and this unfortunate affair has so +precipitated matters that there is now a test of what shall be the +status of Northern men—whether they can live here without being in +constant dread or not, whether they can be protected in life and +property, and have justice in the courts. If this matter is permitted +to pass over without a thorough and determined prosecution of those +engaged in it, we may look out for frequent scenes of the same kind, +not only here, but in other places. No steps have as yet been taken by +the civil authorities to arrest citizens who were engaged in this +massacre, or policemen who perpetrated such cruelties. The members of +the convention have been indicted by the grand jury, and many of them +arrested and held to bail. As to whether the civil authorities can +mete out ample justice to the guilty parties on both sides, I must say +it is my opinion, unequivocally, that they cannot. Judge Abell, whose +course I have closely watched for nearly a year, I now consider one of +the most dangerous men that we have here to the peace and quiet of the +city. The leading men of the convention—King, Cutler, Hahn, and +others—have been political agitators, and are bad men. I regret to say +that the course of Governor Wells has been vacillating, and that during +the late trouble he has shown very little of the man. + +"P. H. SHERIDAN, +"Major-General Commanding." + + +Subsequently a military commission investigated the subject of the +riot, taking a great deal of testimony. The commission substantially +confirmed the conclusions given in my despatches, and still later there +was an investigation by a select committee of the House of +Representatives, of which the Honorables Samuel Shellabarger, of Ohio, +H. L. Elliot, of Massachusetts, and B. M. Boyer, of Pennsylvania, were +the members. The majority report of the committee also corroborated, +in all essentials, my reports of the distressing occurrence. The +committee likewise called attention to a violent speech made by Mr. +Johnson at St. Louis in September, 1866, charging the origin of the +riot to Congress, and went on to say of the speech that "it was an +unwarranted and unjust expression of hostile feeling, without pretext +or foundation in fact." A list of the killed and wounded was embraced +in the committee's report, and among other conclusions reached were the +following: "That the meeting of July 30 was a meeting of quiet +citizens, who came together without arms and with intent peaceably to +discuss questions of public concern.... There has been no occasion +during our National history when a riot has occurred so destitute of +justifiable cause, resulting in a massacre so inhuman and fiend-like, +as that which took place at New Orleans on the 30th of July last. This +riotous attack upon the convention, with its terrible results of +massacre and murder, was not an accident. It was the determined +purpose of the mayor of the city of New Orleans to break up this +convention by armed force." + +The statement is also made, that, "He [the President] knew that +'rebels' and 'thugs' and disloyal men had controlled the election of +Mayor Monroe, and that such men composed chiefly his police force." + +The committee held that no legal government existed in Louisiana, and +recommended the temporary establishment of a provisional government +therein; the report concluding that "in the meantime the safety of all +Union men within the State demands that such government be formed for +their protection, for the well being of the nation and the permanent +peace of the Republic." + +The New Orleans riot agitated the whole country, and the official and +other reports served to intensify and concentrate the opposition to +President Johnson's policy of reconstruction, a policy resting +exclusively on and inspired solely by the executive authority—for it +was made plain, by his language and his acts, that he was seeking to +rehabilitate the seceded States under conditions differing not a whit +from those existing before the rebellion; that is to say, without the +slightest constitutional provision regarding the status of the +emancipated slaves, and with no assurances of protection for men who +had remained loyal in the war. + +In December, 1866, Congress took hold of the subject with such vigor as +to promise relief from all these perplexing disorders, and, after much +investigation and a great deal of debate, there resulted the so-called +"Reconstruction Laws," which, for a clear understanding of the powers +conferred on the military commanders, I deem best to append in full: + +AN ACT to provide for the more efficient government of the rebel +States. + +WHEREAS, no legal State governments or adequate protection for life or +property now exist in the rebel States of Virginia, North Carolina, +South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, +Texas, and Arkansas; and whereas, it is necessary that peace and good +order should be enforced in said States until loyal and republican +State governments can be legally established; therefore, + +BE IT ENACTED by the Senate and House of Representatives of the United +States of America in Congress assembled, That said rebel States shall +be divided into military districts and made subject to the military +authority of the United States as hereinafter prescribed; and for that +purpose Virginia shall constitute the first district; North Carolina +and South Carolina, the second district; Georgia, Alabama, and Florida, +the third district; Mississippi and Arkansas, the fourth district; and +Louisiana and Texas, the fifth district. + +SEC. 2. And be it further enacted, That it shall be the duty of the +President to assign to the command of each of said districts an officer +of the army not below the rank of brigadier-general, and to detail a +sufficient military force to enable such officer to perform his duties +and enforce his authority within the district to which he is assigned. + +SEC. 3. And be it further enacted, That it shall be the duty of each +officer assigned as aforesaid to protect all persons in their rights of +person and property, to suppress insurrection, disorder, and violence, +and to punish, or cause to be punished, all disturbers of the public +peace and criminals, and to this end he may allow local civil tribunals +to take jurisdiction of and to try offenders, or, when in his judgment +it may be necessary for the trial of offenders, he shall have power to +organize military commissions or tribunals for that purpose, and all +interference, under cover of State authority, with the exercise of +military authority under this act, shall be null and void. + +SEC. 4. And be it further enacted, That all persons put under military +arrest by virtue of this act shall be tried without unnecessary delay, +and no cruel or unjust punishment shall be inflicted; and no sentence +of any military commission or tribunal hereby authorized affecting the +life or liberty of any person, shall be executed until it is approved +by the officer in command of the district; and the laws and regulations +for the government of the army shall not be affected by this act except +in so far as they conflict with its provisions: Provided, That no +sentence of death, under the provisions of this act, shall be carried +into effect without the approval of the President. + +SEC. 5. And be it further enacted, That when the people of any one of +said rebel States shall have formed a constitution of government in +conformity with the Constitution of the United States in all respects, +framed by a convention of delegates elected by the male citizens of +said State twenty-one years old and upward, of whatever race, color, or +previous condition, who have been resident in said State for one year +previous to the day of such election, except such as may be +disfranchised for participation in the rebellion, or for felony at +common law; and when such constitution shall provide that the elective +franchise shall be enjoyed by all such persons as have the +qualifications herein stated for electors of delegates; and when such +constitution shall be ratified by a majority of the persons voting on +the question of ratification who are qualified as electors for +delegates, and when such constitution shall have been submitted to +Congress for examination and approval, and Congress shall have approved +the same; and when said State, by a vote of its legislature elected +under said constitution, shall have adopted the amendment to the +Constitution of the United States proposed by the Thirty-ninth +Congress, and known as article fourteen; and when said article shall +have become a part of the Constitution of the United States, said State +shall be declared entitled to representation in Congress, and senators +and representatives shall be admitted therefrom on their taking the +oath prescribed by law; and then and thereafter the preceding sections +of this act shall be inoperative in said State: Provided, That no +person excluded from the privilege of holding office by said proposed +amendment to the Constitution of the United States shall be eligible to +election as a member of the convention to frame a constitution for any +of said rebel States, nor shall any such person vote for members of +such convention. + +SEC. 6. And be it further enacted, That until the people of said rebel +States shall be by law admitted to representation in the Congress of +the United States, any civil government which may exist therein shall +be deemed provisional only, and in all respects subject to the +paramount authority of the United States at any time to abolish, +modify, control, or supersede the same; and in all elections to any +office under such provisional governments all persons shall be entitled +to vote, and none others, who are entitled to vote under the fifth +section of this act; and no person shall be eligible to any office +under any such provisional governments who would be disqualified from +holding office under the provisions of the third article of said +constitutional amendment. + +SCHUYLER COLFAX, Speaker of the House of Representatives. + +LAFAYETTE S. FOSTER, President of the Senate pro tempore. + + +AN ACT supplementary to an act entitled "An act to provide for the more +efficient government of the rebel States," passed March second, +eighteen hundred and sixty-seven, and to facilitate restoration. + +Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled, That before the first day of +September, eighteen hundred and sixty-seven, the commanding general in +each district defined by an act entitled "An act to provide for the +more efficient government of the rebel States," passed March second, +eighteen hundred and sixty-seven, shall cause a registration to be made +of the male citizens of the United States, twenty-one years of age and +upwards, resident in each county or parish in the State or States +included in his district, which registration shall include only those +persons who are qualified to vote for delegates by the act aforesaid, +and who shall have taken and subscribed the following oath or +affirmation: "I,———, do solemnly swear (or affirm), in the presence of +the Almighty God, that I am a citizen of the State of ————-; that I +have resided in said State for——- months next preceding this day, and +now reside in the county of ———-, or the parish of ————, in said State, +(as the case may be); that I am twenty-one years old; that I have not +been disfranchised for participation in any rebellion or civil war +against the United States, nor for felony committed against the laws of +any State or of the United States; that I have never been a member of +any State Legislature, nor held any executive or judicial office in any +State, and afterwards engaged in insurrection or rebellion against the +United States, or given aid or comfort to the enemies thereof; that I +have never taken an oath as a member of Congress of the United States, +or as an officer of the United States, or as a member of any State +Legislature, or as an executive or judicial officer of any State, to +support the constitution of the United States, and afterwards engaged +in insurrection or rebellion against the United States or given aid or +comfort to the enemies thereof; that I will faithfully support the +Constitution and obey the laws of the United States, and will, to the +best of my ability, encourage others so to do: so help me God."; which +oath or affirmation may be administered by any registering officer. + +SEC. 2. And be it further enacted, That after the completion of the +registration hereby provided for in any State, at such time and places +therein as the commanding general shall appoint and direct, of which at +least thirty days' public notice shall be given, an election shall be +held of delegates to a convention for the purpose of establishing a +constitution and civil government for such State loyal to the Union, +said convention in each State, except Virginia, to consist of the same +number of members as the most numerous branch of the State Legislature +of such State in the year eighteen hundred and sixty, to be apportioned +among the several districts, counties, or parishes of such State by the +commanding general, giving each representation in the ratio of voters +registered as aforesaid as nearly as may be. The convention in +Virginia shall consist of the same number of members as represented the +territory now constituting Virginia in the most numerous branch of the +Legislature of said State in the year eighteen hundred and sixty, to be +apportioned as aforesaid. + +SEC. 3. And be it further enacted, That at said election the +registered voters of each State shall vote for or against a convention +to form a constitution therefor under this act. Those voting in favor +of such a convention shall have written or printed on the ballots by +which they vote for delegates, as aforesaid, the words "For a +convention," and those voting against such a convention shall have +written or printed on such ballot the words "Against a convention." The +persons appointed to superintend said election, and to make return of +the votes given thereat, as herein provided, shall count and make +return of the votes given for and against a convention; and the +commanding general to whom the same shall have been returned shall +ascertain and declare the total vote in each State for and against a +convention. If a majority of the votes given on that question shall be +for a convention, then such convention shall be held as hereinafter +provided; but if a majority of said votes shall, be against a +convention, then no such convention shall be held under this act: +Provided, That such convention shall not be held unless a majority of +all such registered voters shall have voted on the question of holding +such convention. + +SEC. 4. And be it further enacted, That the commanding general of +each district shall appoint as many boards of registration as may be +necessary, consisting of three loyal officers or persons, to make and +complete the registration, superintend the election, and make return to +him of the votes, list of voters, and of the persons elected as +delegates by a plurality of the votes cast at said election; and upon +receiving said returns he shall open the same, ascertain the persons +elected as delegates, according to the returns of the officers who +conducted said election, and make proclamation thereof; and if a +majority of the votes given on that question shall be for a convention, +the commanding general, within sixty days from the date of election, +shall notify the delegates to assemble in convention, at a time and +place to be mentioned in the notification, and said convention, when +organized, shall proceed to frame a constitution and civil government +according to the provisions of this act, and the act to which it is +supplementary; and when the same shall have been so framed, said +constitution shall be submitted by the convention for ratification to +the persons registered under the provisions of this act at an election +to be conducted by the officers or persons appointed or to be appointed +by the commanding general, as hereinbefore provided, and to be held +after the expiration of thirty days from the date of notice thereof, to +be given by said convention; and the returns thereof shall be made to +the commanding general of the district. + +SEC. 5. And be it further enacted, That if, according to said +returns, the constitution shall be ratified by a majority of the votes +of the registered electors qualified as herein specified, cast at said +election, at least one-half of all the registered voters voting upon +the question of such ratification, the president of the convention +shall transmit a copy of the same, duly certified, to the President of +the United States, who shall forthwith transmit the same to Congress, +if then in session, and if not in session, then immediately upon its +next assembling; and if it shall moreover appear to Congress that the +election was one at which all the registered and qualified electors in +the State had an opportunity to vote freely, and without restraint, +fear, or the influence of fraud, and if the Congress shall be satisfied +that such constitution meets the approval of a majority of all the +qualified electors in the State, and if the said constitution shall be +declared by Congress to be in conformity with the provisions of the act +to which this is supplementary, and the other provisions of said act +shall have been complied with, and the said constitution shall be +approved by Congress, the State shall be declared entitled to +representation, and senators and representatives shall be admitted +therefrom as therein provided. + +SEC. 6. And be it further enacted, That all elections in the States +mentioned in the said "Act to provide for the more efficient government +of the rebel States" shall, during the operation of said act, be by +ballot; and all officers making the said registration of voters and +conducting said elections, shall, before entering upon the discharge of +their duties, take and subscribe the oath prescribed by the act +approved July second, eighteen hundred and sixty-two, entitled "An act +to prescribe an oath of office": Provided, That if any person shall +knowingly and falsely take and subscribe any oath in this act +prescribed, such person so offending and being thereof duly convicted, +shall be subject to the pains, penalties, and disabilities which by law +are provided for the punishment of the crime of wilful and corrupt +perjury. + +SEC. 7. And be if further enacted, That all expenses incurred by the +several commanding generals, or by virtue of any orders issued, or +appointments made, by them, under or by virtue of this act, shall be +paid out of any moneys in the treasury not otherwise appropriated. + +SEC. 8. And be it further enacted, That the convention for each State +shall prescribe the fees, salary, and compensation to be paid to all +delegates and other officers and agents herein authorized or necessary +to carry into effect the purposes of this act not herein otherwise +provided for, and shall provide for the levy and collection of such +taxes on the property in such State as may be necessary to pay the +same. + +SEC. 9. And be it further enacted, That the word "article," in the +sixth section of the act to which this is supplementary, shall be +construed to mean, "section." + +SCHUYLER COLFAX, Speaker of the House of Representatives. + +B. F. WADE, President of the Senate pro tempore. + + + + +CHAPTER XI. + + +PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETO—PLACED IN +COMMAND OF THE FIFTH MILITARY DISTRICT—REMOVING OFFICERS—MY REASONS FOR +SUCH ACTION—AFFAIRS IN LOUISIANA AND TEXAS—REMOVAL OF GOVERNOR +WELLS—REVISION OF THE JURY LISTS—RELIEVED FROM THE COMMAND OF THE FIFTH +MILITARY DISTRICT. + +The first of the Reconstruction laws was passed March 2, 1867, and +though vetoed by the President, such was the unanimity of loyal +sentiment and the urgency demanding the measure, that the bill became a +law over the veto the day the President returned it to Congress. March +the 11th this law was published in General Orders No. 10, from the +Headquarters of the Army, the same order assigning certain officers to +take charge of the five military districts into which the States lately +in rebellion were subdivided, I being announced as the commander of the +Fifth Military District, which embraced Louisiana and Texas, a +territory that had formed the main portion of my command since the +close of the war. + +Between the date of the Act and that of my assignment, the Louisiana +Legislature, then in special session, had rejected a proposed repeal of +an Act it had previously passed providing for an election of certain +municipal officers in New Orleans. This election was set for March 11, +but the mayor and the chief of police, together with General Mower, +commanding the troops in the city, having expressed to me personally +their fears that the public peace would be disturbed by the election, +I, in this emergency, though not yet assigned to the district, assuming +the authority which the Act conferred on district commanders, declared +that the election should not take place; that no polls should be opened +on the day fixed; and that the whole matter would stand postponed till +the district commander should be appointed, or special instructions be +had. This, my first official act under the Reconstruction laws, was +rendered necessary by the course of a body of obstructionists, who had +already begun to give unequivocal indications of their intention to +ignore the laws of Congress. + +A copy of the order embodying the Reconstruction law, together with my +assignment, having reached me a few days after, I regularly assumed +control of the Fifth Military District on March 19, by an order wherein +I declared the State and municipal governments of the district to be +provisional only, and, under the provisions of the sixth section of the +Act, subject to be controlled, modified, superseded, or abolished. I +also announced that no removals from office would be made unless the +incumbents failed to carry out the provisions of the law or impeded +reorganization, or unless willful delays should necessitate a change, +and added: "Pending the reorganization, it is, desirable and intended +to create as little disturbance in the machinery of the various +branches of the provisional governments as possible, consistent with +the law of Congress and its successful execution, but this condition is +dependent upon the disposition shown by the people, and upon the length +of time required for reorganization." + +Under these limitations Louisiana and Texas retained their former +designations as military districts, the officers in command exercising +their military powers as heretofore. In addition, these officers were +to carry out in their respective commands all provisions of the law +except those specially requiring the action of the district commander, +and in cases of removals from and appointment to office. + +In the course of legislation the first Reconstruction act, as I have +heretofore noted, had been vetoed. On the very day of the veto, +however, despite the President's adverse action, it passed each House +of Congress by such an overwhelming majority as not only to give it the +effect of law, but to prove clearly that the plan of reconstruction +presented was, beyond question, the policy endorsed by the people of +the country. It was, therefore, my determination to see to the law's +zealous execution in my district, though I felt certain that the +President would endeavor to embarrass me by every means in his power, +not only on account of his pronounced personal hostility, but also +because of his determination not to execute but to obstruct the +measures enacted by Congress. + +Having come to this conclusion, I laid down, as a rule for my guidance, +the principle of non-interference with the provisional State +governments, and though many appeals were made to have me rescind +rulings of the courts, or interpose to forestall some presupposed +action to be taken by them, my invariable reply was that I would not +take cognizance of such matters, except in cases of absolute necessity. + The same policy was announced also in reference to municipal affairs +throughout the district, so long as the action of the local officers +did not conflict with the law. + +In a very short time, however, I was obliged to interfere in municipal +matters in New Orleans, for it had become clearly apparent that several +of the officials were, both by acts of omission and commission, +ignoring the law, so on the 27th of March I removed from office the +Mayor, John T. Monroe; the Judge of the First District Court, E. +Abell; and the Attorney-General of the State, Andrew S. Herron; at the +same time appointing to the respective offices thus vacated Edward +Heath, W. W. Howe, and B. L. Lynch. The officials thus removed had +taken upon themselves from the start to pronounce the Reconstruction +acts unconstitutional, and to advise such a course of obstruction that +I found it necessary at an early dav to replace them by men in sympathy +with the law, in order to make plain my determination to have its +provisions enforced. The President at once made inquiry, through +General Grant, for the cause of the removal, and I replied: + + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"New Orleans, La., April 19, 1867. + +"GENERAL: On the 27th day of March last I removed from office Judge E. +Abell, of the Criminal Court of New Orleans; Andrew S. Herron, +Attorney-General of the State of Louisiana; and John T. Monroe, Mayor +of the City of New Orleans. These removals were made under the powers +granted me in what is usually termed the 'military bill,' passed March +2, 1867, by the Congress of the United States. + +"I did not deem it necessary to give any reason for the removal of +these men, especially after the investigations made by the military +board on the massacre Of July 30, 1866, and the report of the +congressional committee on the same massacre; but as some inquiry has +been made for the cause of removal, I would respectfully state as +follows: + +"The court over which judge Abell presided is the only criminal court +in the city of New Orleans, and for a period of at least nine months +previous to the riot Of July 30 he had been educating a large portion +of the community to the perpetration of this outrage, by almost +promising no prosecution in his court against the offenders, in case +such an event occurred. The records of his court will show that he +fulfilled his promise, as not one of the guilty has been prosecuted. + +"In reference to Andrew J. Herron, Attorney-General of the State of +Louisiana, I considered it his duty to indict these men before this +criminal court. This he failed to do, but went so far as to attempt to +impose on the good sense of the whole nation by indicting the victims +of the riot instead of the rioters; in other words, making the innocent +guilty and the guilty innocent. He was therefore, in my belief, an +able coadjutor with judge Abell in bringing on the massacre of July 30. + +"Mayor Monroe controlled the element engaged in this riot, and when +backed by an attorney-general who would not prosecute the guilty, and a +judge who advised the grand jury to find the innocent guilty and let +the murderers go free, felt secure in engaging his police force in the +riot and massacre. + +"With these three men exercising a large influence over the worst +elements of the population of this city, giving to those elements an +immunity for riot and bloodshed, the general-in-chief will see how +insecurely I felt in letting them occupy their respective positions in +the troubles which might occur in registration and voting in the +reorganization of this State. + +"I am, General, very respectfully, your obedient servant, + +"P. H. SHERIDAN, +"Major-General U. S. A. + + +"GENERAL U. S. GRANT, +"Commanding Armies of the United States, +"Washington, D. C." + +To General Grant my reasons were satisfactory, but not so to the +President, who took no steps, however, to rescind my action, for he +knew that the removals were commended by well-nigh the entire community +in the city, for it will be understood that Mr. Johnson was, through +his friends and adherents in Louisiana and Texas, kept constantly +advised of every step taken by me. Many of these persons were active +and open opponents of mine, while others were spies, doing their work +so secretly and quickly that sometimes Mr. Johnson knew of my official +acts before I could report them to General Grant. + +The supplemental Reconstruction act which defined the method of +reconstruction became a law despite the President's veto on March 23. +This was a curative act, authorizing elections and prescribing methods +of registration. When it reached me officially I began measures for +carrying out its provisions, and on the 28th of March issued an order +to the effect that no elections for the State, parish, or municipal +officers would be held in Louisiana until the provisions of the laws of +Congress entitled "An act to provide for the more efficient government +of the rebel States," and of the act supplemental thereto, should have +been complied with. I also announced that until elections were held in +accordance with these acts, the law of the Legislature of the State +providing for the holding over of those persons whose terms of office +otherwise would have expired, would govern in all cases excepting only +those special ones in which I myself might take action. There was one +parish, Livingston, which this order did no reach in time to prevent +the election previously ordered there, and which therefore took place, +but by a supplemental order this election was declare null and void. + +In April. I began the work of administering the Supplemental Law, +which, under certain condition of eligibility, required a registration +of the voter of the State, for the purpose of electing delegate to a +Constitutional convention. It therefore became necessary to appoint +Boards of Registration throughout the election districts, and on April +10 the boards for the Parish of Orleans were given out, those for the +other parishes being appointed ten days later. Before announcing these +boards, I had asked to be advised definitely as to what persons were +disfranchised by the law, and was directed by General Grant to act upon +my own interpretation of it, pending an opinion expected shortly from +the Attorney-General—Mr. Henry Stanbery—so, for the guidance of the +boards, I gave the following instructions: + + +"HEADQUARTERS FIFTH MILITARY DISTRICT. +"New Orleans, La., April 10, 1867. + +"Special Orders, No. 15. + +"....In obedience to the directions contained in the first section of +the Law of Congress entitled "An Act supplemental to an Act entitled +'An Act to provide for the more efficient government of the rebel +States'" the registration of the legal voters, according to that law in +the Parish of Orleans, will be commenced on the 15th instant, and must +be completed by the 15th of May. + +"The four municipal districts of the City of New Orleans and the Parish +of Orleans, right bank (Algiers), will each constitute a Registration +district. Election precincts will remain as at present constituted. + +"....Each member of the Board of Registers, before commencing his +duties, will file in the office of the Assistant-Inspector-General at +these headquarters, the oath required in the sixth section of the Act +referred to, and be governed in the execution of his duty by the +provisions of the first section of that Act, faithfully administering +the oath therein prescribed to each person registered. + +"Boards of Registers will immediately select suitable offices within +their respective districts, having reference to convenience and +facility of registration, and will enter upon their duties on the day +designated. Each Board will be entitled to two clerks. Office-hours +for registration will be from 8 o'clock till 12 A. M., and from 4 till +7 P. M. + +"When elections are ordered, the Board of Registers for each district +will designate the number of polls and the places where they shall be +opened in the election precincts within its district, appoint the +commissioners and other officers necessary for properly conducting the +elections, and will superintend the same. + +"They will also receive from the commissioners of elections of the +different precincts the result of the vote, consolidate the same, and +forward it to the commanding general. + +"Registers and all officers connected with elections will be held to a +rigid accountability and will be subject to trial by military +commission for fraud, or unlawful or improper conduct in the +performance of their duties. Their rate of compensation and manner of +payment will be in accordance with the provisions of sections six and +seven of the supplemental act. + +"....Every male citizen of the United States, twenty-one years old and +upward, of whatever race, color, or previous condition, who has been +resident in the State of Louisiana for one year and Parish of Orleans +for three months previous to the date at which he presents himself for +registration, and who has not been disfranchised by act of Congress or +for felony at common law, shall, after having taken and subscribed the +oath prescribed in the first section of the act herein referred to, be +entitled to be, and shall be, registered as a legal voter in the Parish +of Orleans and State of Louisiana. + +"Pending the decision of the Attorney-General of the United States on +the question as to who are disfranchised by law, registers will give +the most rigid interpretation to the law, and exclude from registration +every person about whose right to vote there may be a doubt. Any +person so excluded who may, under the decision of the Attorney-General, +be entitled to vote, shall be permitted to register after that decision +is received, due notice of which will be given. + +"By command of Major-General P. H. SHERIDAN, + +"GEO. L. HARTSUFF, +"Assistant Adjutant-General." + +The parish Boards of Registration were composed of three members each. +Ability to take what was known as the "ironclad oath" was the +qualification exacted of the members, and they were prohibited from +becoming candidates for office. In the execution of their duties they +were to be governed by the provisions of the supplemental act. It was +also made one of their functions to designate the number and location +of the polling-places in the several districts, to appoint +commissioners for receiving the votes and in general to attend to such +other matters as were necessary, in order properly to conduct the +voting, and afterward to receive from the commissioners the result of +the vote and forward it to my headquarters. These registers, and all +other officers having to do with elections, were to be held to a rigid +accountability, and be subject to trial by military commission for +fraud or unlawful or improper conduct in the performance of their +duties; and in order to be certain that the Registration Boards +performed their work faithfully and intelligently, officers of the army +were appointed as supervisors. To this end the parishes were grouped +together conveniently in temporary districts, each officer having from +three to five parishes to supervise. The programme thus mapped out for +carrying out the law in Louisiana was likewise adhered to in Texas, and +indeed was followed as a model in some of the other military districts. + +Although Military Commissions were fully authorized by the +Reconstruction acts, yet I did not favor their use in governing the +district, and probably would never have convened one had these acts +been observed in good faith. I much preferred that the civil courts, +and the State and municipal authorities already in existence, should +perform their functions without military control or interference, but +occasionally, because the civil authorities neglected their duty, I was +obliged to resort to this means to ensure the punishment Of offenders. +At this time the condition of the negroes in Texas and Louisiana was +lamentable, though, in fact, not worse than that of the few white +loyalists who had been true to the Union during the war. These last +were singled out as special objects of attack, and were, therefore, +obliged at all times to be on the alert for the protection of their +lives and property. This was the natural outcome of Mr. Johnson's +defiance of Congress, coupled with the sudden conversion to his cause +of persons in the North—who but a short time before had been his +bitterest enemies; for all this had aroused among the disaffected +element new hopes of power and place, hopes of being at once put in +political control again, with a resumption of their functions in State +and National matters without any preliminary authorization by Congress. + In fact, it was not only hoped, but expected, that things were +presently to go on just as if there had been no war. + +In the State of Texas there were in 1865 about 200,000 of the colored +race—roughly, a third of the entire population—while in Louisiana there +were not less than 350,000, or more than one-half of all the people in +the State. Until the enactment of the Reconstruction laws these +negroes were without rights, and though they had been liberated by the +war, Mr. Johnson's policy now proposed that they should have no +political status at all, and consequently be at the mercy of a people +who, recently their masters, now seemed to look upon them as the +authors of all the misfortunes that had come upon the land. Under these +circumstances the blacks naturally turned for protection to those who +had been the means of their liberation, and it would have been little +less than inhuman to deny them sympathy. Their freedom had been given +them, and it was the plain duty of those in authority to make it +secure, and screen them from the bitter political resentment that beset +them, and to see that they had a fair chance in the battle of life. +Therefore, when outrages and murders grew frequent, and the aid of the +military power was an absolute necessity for the protection of life, I +employed it unhesitatingly—the guilty parties being brought to trial +before military commissions—and for a time, at least, there occurred a +halt in the march of terrorism inaugurated by the people whom Mr. +Johnson had deluded. + +The first, Military Commission was convened to try the case of John W. +Walker, charged with shooting a negro in the parish of St. John. The +proper civil authorities had made no effort to arrest Walker, and even +connived at his escape, so I had him taken into custody in New Orleans, +and ordered him tried, the commission finding him guilty, and +sentencing him to confinement in the penitentiary for six months. This +shooting was the third occurrence of the kind that had taken place in +St. John's parish, a negro being wounded in each case, and it was +plain that the intention was to institute there a practice of +intimidation which should be effective to subject the freedmen to the +will of their late masters, whether in making labor contracts, or in +case these newly enfranchised negroes should evince a disposition to +avail themselves of the privilege to vote. + +The trial and conviction of Walker, and of one or two others for +similiar outrages, soon put a stop to every kind of "bull-dozing" in +the country parishes; but about this time I discovered that many +members of the police force in New Orleans were covertly intimidating +the freedmen there, and preventing their appearance at the registration +offices, using milder methods than had obtained in the country, it is +true, but none the less effective. + +Early in 1866 the Legislature had passed an act which created for the +police of New Orleans a residence qualification, the object of which +was to discharge and exclude from the force ex-Union soldiers. This of +course would make room for the appointment of ex-Confederates, and +Mayor Monroe had not been slow in enforcing the provisions of the law. +It was, in fact, a result of this enactment that the police was so +reorganized as to become the willing and efficient tool which it proved +to be in the riot of 1866; and having still the same personnel, it was +now in shape to prevent registration by threats, unwarranted arrests, +and by various other influences, all operating to keep the timid blacks +away from the registration places. + +That the police were taking a hand in this practice of repression, I +first discovered by the conduct of the assistant to the chief of the +body, and at once removed the offender, but finding this ineffectual I +annulled that part of the State law fixing the five years' residence +restriction, and restored the two years' qualification, thus enabling +Mayor Heath, who by my appointment had succeeded Monroe, to organize +the force anew, and take about one-half of its members from ex-Union +soldiers who when discharged had settled in New Orleans. This action +put an end to intimidation in the parish of Orleans; and now were put +in operation in all sections the processes provided by the supplemental +Reconstruction law for the summoning of a convention to form a +Constitution preparatory to the readmission of the State, and I was +full of hope that there would now be much less difficulty in +administering the trust imposed by Congress. + +During the two years previous great damage had been done the +agricultural interests of Louisiana by the overflow of the Mississippi, +the levees being so badly broken as to require extensive repairs, and +the Legislature of 1866 had appropriated for the purpose $4,000,000, to +be raised by an issue of bonds. This money was to be disbursed by a +Board of Levee Commissioners then in existence, but the term of service +of these commissioners, and the law creating the board, would expire in +the spring of 1867. In order to overcome this difficulty the +Legislature passed a bill continuing the commissioners in office but as +the act was passed inside of ten days before the adjournment of the +Legislature, Governor Wells pocketed the bill, and it failed to become +a law. The Governor then appointed a board of his own, without any +warrant of law whatever. The old commissioners refused to recognize +this new board, and of course a conflict of authority ensued, which, it +was clear, would lead to vicious results if allowed to continue; so, as +the people of the State had no confidence in either of the boards, I +decided to end the contention summarily by appointing an entirely new +commission, which would disburse the money honestly, and further the +real purpose for which it had been appropriated. When I took this +course the legislative board acquiesced, but Governor Wells immediately +requested the President to revoke my order, which, however, was not +done, but meanwhile the Secretary of War directed me to suspend all +proceedings in the matter, and make a report of the facts. I complied +in the following telegram: + + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"NEW ORLEANS, La., June 3, 1867. + +"SIR: I have the honor to acknowledge the receipt of your telegram of +this date in reference to the Levee Commissioners in this State. + +"The following were my reasons for abolishing the two former boards, +although I intended that my order should be sufficiently explanatory: + +"Previous to the adjournment of the Legislature last winter it passed +an act continuing the old Levee board in office, so that the four +millions of dollars ($4,000,000) in bonds appropriated by the +Legislature might be disbursed by a board of rebellious antecedents. + +"After its adjournment the Governor of the State appointed a board of +his own, in violation of this act, and made the acknowledgment to me in +person that his object was to disburse the money in the interest of his +own party by securing for it the vote of the employees at the time of +election. + +"The board continued in office by the Legislature refused to turn over +to the Governor's board, and each side appealed to me to sustain it, +which I would not do. The question must then have gone to the courts, +which, according to the Governor's judgment when he was appealing to me +to be sustained, would require one year for decision. Meantime the +State was overflowed, the Levee boards tied up by political chicanery, +and nothing done to relieve the poor people, now fed by the charity of +the Government and charitable associations of the North. + +"To obviate this trouble, and to secure to the overflowed districts of +the State the immediate relief which the honest disbursement of the +four millions ($4,000,000) would give, my order dissolving both boards +was issued. + + +"I say now, unequivocally, that Governor Wells is a political trickster +and a dishonest man. I have seen him myself, when I first came to this +command, turn out all the Union men who had supported the Government, +and put in their stead rebel soldiers who had not yet doffed their gray +uniform. I have seen him again, during the July riot of 1866, skulk +away where I could not find him to give him a guard, instead of coming +out as a manly representative of the State and joining those who were +preserving the peace. I have watched him since, and his conduct has +been as sinuous as the mark left in the dust by the movement of a +snake. + +"I say again that he is dishonest, and that dishonesty is more than +must be expected of me. + +"P. H. SHERIDAN, +"Major-General, U. S. A. + + +"Hon. E. M. STANTON, +"Secretary of War, Washington, D. C." + +The same day that I sent my report to the Secretary of War I removed +from office Governor Wells himself, being determined to bear no longer +with the many obstructions he had placed in the way of reorganizing the +civil affairs of the State. I was also satisfied that he was unfit to +retain the place, since he was availing himself of every opportunity to +work political ends beneficial to himself. In this instance Wells +protested to me against his removal, and also appealed to the President +for an opinion of the Attorney-General as to my power in the case; and +doubtless he would have succeeded in retaining his office, but for the +fact that the President had been informed by General James B. Steadman +and others placed to watch me that Wells was wholly unworthy. + + +"NEW ORLEANS, June 19, 1867. +"ANDREW JOHNSON, President United States, +"Washington City: + +"Lewis D. Campbell leaves New Orleans for home this evening. Want of +respect for Governor Wells personally, alone represses the expression +of indignation felt by all honest and sensible men at the unwarranted +usurpation of General Sheridan in removing the civil officers of +Louisiana. It is believed here that you will reinstate Wells. He is a +bad man, and has no influence. + +"I believe Sheridan made the removals to embarrass you, believing the +feeling at the North would sustain him. My conviction is that on +account of the bad character of Wells and Monroe, you ought not to +reinstate any who have been removed, because you cannot reinstate any +without reinstating all, but you ought to prohibit the exercise of this +power in the future. + +"Respectfully yours, + +"JAMES B. STEADMAN." + +I appointed Mr. Thomas J. Durant as Wells's successor, but he +declining, I then appointed Mr. Benjamin F. Flanders, who, after I had +sent a staff-officer to forcibly eject Wells in case of necessity, took +possession of the Governor's office. Wells having vacated, Governor +Flanders began immediately the exercise of his duties in sympathy with +the views of Congress, and I then notified General Grant that I thought +he need have no further apprehension about the condition of affairs in +Louisiana, as my appointee was a man of such integrity and ability that +I already felt relieved of half my labor. I also stated in the same +despatch that nothing would answer in Louisiana but a bold and firm +course, and that in taking such a one I felt that I was strongly +supported; a statement that was then correct, for up to this period the +better classes were disposed to accept the Congressional plan of +reconstruction. + +During the controversy over the Levee Commissioners, and the +correspondence regarding the removal of Governor Wells, registration +had gone on under the rules laid down for the boards. The date set for +closing the books was the 3oth of June, but in the parish of Orleans +the time was extended till the 15th of July. This the President +considered too short a period, and therefore directed the registry +lists not to be closed before the 1st of August, unless there was some +good reason to the contrary. This was plainly designed to keep the +books open in order that under the Attorney-General's interpretation of +the Reconstruction laws, published June 20, many persons who had been +excluded by the registration boards could yet be registered, so I +decided to close the registration, unless required by the President +unconditionally, and in specific orders, to extend the time. My +motives were manifold, but the main reasons were that as two and a half +months had been given already, the number of persons who, under the +law, were qualified for registry was about exhausted; and because of +the expense I did not feel warranted in keeping up the boards longer, +as I said, "to suit new issues coming in at the eleventh hour," which +would but open a "broad macadamized road for perjury and fraud." + +When I thus stated what I intended to do, the opinion of the +Attorney-General had not yet been received. When it did reach me it +was merely in the form of a circular signed by Adjutant-General +Townsend, and had no force of law. It was not even sent as an order, +nor was it accompanied by any instructions, or by anything except the +statement that it was transmitted to the 11 respective military +commanders for their information, in order that there might be +uniformity in the execution of the Reconstruction acts. To adopt Mr. +Stanbery's interpretation of the law and reopen registration +accordingly, would defeat the purpose of Congress, as well as add to my +perplexities. Such a course would also require that the officers +appointed by me for the performance of specified duties, under laws +which I was empowered to interpret and enforce, should receive their +guidance and instructions from an unauthorized source, so on +communicating with General Grant as to how I should act, he directed me +to enforce my own construction of the military bill until ordered to do +otherwise. + +Therefore the registration continued as I had originally directed, and +nothing having been definitely settled at Washington in relation to my +extending the time, on the 10th of July I ordered all the registration +boards to select, immediately, suitable persons to act as commissioners +of election, and at the same time specified the number of each set of +commissioners, designated the polling-places, gave notice that two days +would be allowed for voting, and followed this with an order +discontinuing registration the 31st of July, and then another +appointing the 27th and 28th of September as the time for the election +of delegates to the State convention. + +In accomplishing the registration there had been little opposition from +the mass of the people, but the press of New Orleans, and the +office-holders and office-seekers in the State generally, antagonized +the work bitterly and violently, particularly after the promulgation of +the opinion of the Attorney-General. These agitators condemned +everybody and everything connected with the Congressional plan of +reconstruction; and the pernicious influence thus exerted was +manifested in various ways, but most notably in the selection of +persons to compose the jury lists in the country parishes it also +tempted certain municipal officers in New Orleans to perform illegal +acts that would seriously have affected the credit of the city had +matters not been promptly corrected by the summary removal from office +of the comptroller and the treasurer, who had already issued a quarter +of a million dollars in illegal certificates. On learning of this +unwarranted and unlawful proceeding, Mayor Heath demanded an +investigation by the Common Council, but this body, taking its cue from +the evident intention of the President to render abortive the +Reconstruction acts, refused the mayor's demand. Then he tried to have +the treasurer and comptroller restrained by injunction, but the city +attorney, under the same inspiration as the council, declined to sue +out a writ, and the attorney being supported in this course by nearly +all the other officials, the mayor was left helpless in his endeavors +to preserve the city's credit. Under such circumstances he took the +only step left him—recourse to the military commander; and after +looking into the matter carefully I decided, in the early part of +August, to give the mayor officials who would not refuse to make an +investigation of the illegal issue of certificates, and to this end I +removed the treasurer, surveyor, comptroller, city attorney, and +twenty-two of the aldermen; these officials, and all of their +assistants, having reduced the financial credit of New Orleans to a +disordered condition, and also having made efforts—and being then +engaged in such—to hamper the execution of the Reconstruction laws. + +This action settled matters in the city, but subsequently I had to +remove some officials in the parishes—among them a justice of the peace +and a sheriff in the parish of Rapides; the justice for refusing to +permit negro witnesses to testify in a certain murder case, and for +allowing the murderer, who had foully killed a colored man, to walk out +of his court on bail in the insignificant sum of five hundred dollars; +and the sheriff, for conniving at the escape from jail of another +alleged murderer. Finding, however, even after these removals, that in +the country districts murderers and other criminals went unpunished, +provided the offenses were against negroes merely (since the jurors +were selected exclusively from the whites, and often embraced those +excluded from the exercise of the election franchise) I, having full +authority under the Reconstruction laws, directed such a revision of +the jury lists as would reject from them every man not eligible for +registration as a voter. This order was issued August 24, and on its +promulgation the President relieved me from duty and assigned General +Hancock as my successor. + + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"NEW ORLEANS, LA., August 24, 1867. + +"SPECIAL ORDERS, No. 125. + +"The registration of voters of the State of Louisiana, according to the +law of Congress, being complete, it is hereby ordered that no person +who is not registered in accordance with said law shall be considered +as, a duly qualified voter of the State of Louisiana. All persons duly +registered as above, and no others, are consequently eligible, under +the laws of the State of Louisiana, to serve as jurors in any of the +courts of the State. + +"The necessary revision of the jury lists will immediately be made by +the proper officers. + +"All the laws of the State respecting exemptions, etc., from jury duty +will remain in force. + +"By command of Major-General P. H. SHERIDAN. + +"GEO. L. HARTNUFF, Asst. Adj't-General." + +Pending the arrival of General Hancock, I turned over the command of +the district September 1 to General Charles Griffin; but he dying of +yellow fever, General J. A. Mower succeeded him, and retained command +till November 29, on which date General Hancock assumed control. +Immediately after Hancock took charge, he revoked my order of August 24 +providing for a revision of the jury lists; and, in short, President +Johnson's policy now became supreme, till Hancock himself was relieved +in March, 1868. + +My official connection with the reconstruction of Louisiana and Texas +practically closed with this order concerning the jury lists. In my +judgment this had become a necessity, for the disaffected element, +sustained as it was by the open sympathy of the President, had grown so +determined in its opposition to the execution of the Reconstruction +acts that I resolved to remove from place and power all obstacles; for +the summer's experience had convinced me that in no other way could the +law be faithfully administered. + +The President had long been dissatisfied with my course; indeed, he had +harbored personal enmity against me ever since he perceived that he +could not bend me to an acceptance of the false position in which he +had tried to place me by garbling my report of the riot of 1866. When +Mr. Johnson decided to remove me, General Grant protested in these +terms, but to no purpose: + + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"WASHINGTON, D. C., August 17, 1867 + +"SIR: I am in receipt of your order of this date directing the +assignment of General G. H. Thomas to the command of the Fifth Military +District, General Sheridan to the Department of the Missouri, and +General Hancock to the Department of the Cumberland; also your note of +this date (enclosing these instructions), saying: 'Before you issue +instructions to carry into effect the enclosed order, I would be +pleased to hear any suggestions you may deem necessary respecting the +assignments to which the order refers.' + +"I am pleased to avail myself of this invitation to urge—earnestly +urge—urge in the name of a patriotic people, who have sacrificed +hundreds of thousands of loyal lives and thousands of millions of +treasure to preserve the integrity and union of this country—that this +order be not insisted on. It is unmistakably the expressed wish of the +country that General Sheridan should not be removed from his present +command. + +"This is a republic where the will of the people is the law of the +land. I beg that their voice may be heard. + +"General Sheridan has performed his civil duties faithfully and +intelligently. His removal will only be regarded as an effort to +defeat the laws of Congress. It will be interpreted by the +unreconstructed element in the South—those who did all they could to +break up this Government by arms, and now wish to be the only element +consulted as to the method of restoring order—as a triumph. It will +embolden them to renewed opposition to the will of the loyal masses, +believing that they have the Executive with them. + +"The services of General Thomas in battling for the Union entitle him +to some consideration. He has repeatedly entered his protest against +being assigned to either of the five military districts, and especially +to being assigned to relieve General Sheridan. + +"There are military reasons, pecuniary reasons, and above all, +patriotic reasons, why this should not be insisted upon. + +"I beg to refer to a letter marked 'private,' which I wrote to the +President when first consulted on the subject of the change in the War +Department. It bears upon the subject of this removal, and I had hoped +would have prevented it. + +"I have the honor to be, with great respect, your obedient servant, + +"U. S. GRANT, +"General U. S. A., Secretary of War ad interim. + + +"His Excellency A. JOHNSON, +"President of the United States." + +I was ordered to command the Department of the Missouri (General +Hancock, as already noted, finally becoming my successor in the Fifth +Military District), and left New Orleans on the 5th of September. I +was not loath to go. The kind of duty I had been performing in +Louisiana and Texas was very trying under the most favorable +circumstances, but all the more so in my case, since I had to contend +against the obstructions which the President placed in the way from +persistent opposition to the acts of Congress as well as from antipathy +to me—which obstructions he interposed with all the boldness and +aggressiveness of his peculiar nature. + +On more than one occasion while I was exercising this command, impurity +of motive was imputed to me, but it has never been truthfully shown +(nor can it ever be) that political or corrupt influences of any kind +controlled me in any instance. I simply tried to carry out, without +fear or favor, the Reconstruction acts as they came to me. They were +intended to disfranchise certain persons, and to enfranchise certain +others, and, till decided otherwise, were the laws of the land; and it +was my duty to execute them faithfully, without regard, on the one +hand, for those upon whom it was thought they bore so heavily, nor, on +the other, for this or that political party, and certainly without +deference to those persons sent to Louisiana to influence my conduct of +affairs. + +Some of these missionaries were high officials, both military and +civil, and I recall among others a visit made me in 1866 by a +distinguished friend of the President, Mr. Thomas A. Hendricks. The +purpose of his coming was to convey to me assurances of the very high +esteem in which I was held by the President, and to explain personally +Mr. Johnson's plan of reconstruction, its flawless constitutionality, +and so on. But being on the ground, I had before me the exhibition of +its practical working, saw the oppression and excesses growing out of +it, and in the face of these experiences even Mr. Hendricks's +persuasive eloquence was powerless to convince me of its beneficence. +Later General Lovell H. Rousseau came down on a like mission, but was +no more successful than Mr. Hendricks. + +During the whole period that I commanded in Louisiana and Texas my +position was a most unenviable one. The service was unusual, and the +nature of it scarcely to be understood by those not entirely familiar +with the conditions existing immediately after the war. In +administering the affairs of those States, I never acted except by +authority, and always from conscientious motives. I tried to guard the +rights of everybody in accordance with the law. In this I was +supported by General Grant and opposed by President Johnson. The +former had at heart, above every other consideration, the good of his +country, and always sustained me with approval and kind suggestions. +The course pursued by the President was exactly the opposite, and seems +to prove that in the whole matter of reconstruction he was governed +less by patriotic motives than by personal ambitions. Add to this his +natural obstinacy of character and personal enmity toward me, and no +surprise should be occasioned when I say that I heartily welcomed the +order that lifted from me my unsought burden. + + + + +End of the Project Gutenberg EBook of The Memoirs of General Philip H. +Sheridan, Vol. II., Part 5, by P. H. 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Sheridan, +Vol. II., Part 5, by P. H. Sheridan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Memoirs of General Philip H. Sheridan, Vol. II., Part 5 + +Author: P. H. Sheridan + +Release Date: June 7, 2004 [EBook #5858] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF GENERAL SHERIDAN *** + + + + +Produced by David Widger + + + + + +</pre> + + + + + +<br><hr> +<br><br><br><br><br><br> + +<center><h1>PERSONAL MEMOIRS OF + +<br>P. H. SHERIDAN</h1></center> + + +<br><br> + + <center><h2>Volume II.</h2></center> + +<br><br> + +<h2>Part 5</h2> + +<center><img alt="Cover.jpg (168K)" src="images/Cover.jpg" height="963" width="650"> +</center> +<br><br><br><br> + +<center><img alt="Spines.jpg (76K)" src="images/Spines.jpg" height="1425" width="597"> +</center> +<br><br><br><br> + +<br><br><br><br> +<center><img alt="Frontpiece2.jpg (99K)" src="images/Frontpiece2.jpg" height="927" width="650"> +</center> + +<br><br><br><br> +<h2>CONTENTS</h2> + +<center> +<table summary=""> +<tr><td> + +<a href="#ch6b">CHAPTER VI.</a><br> +Battle of Dinwiddie Court House—Pickett Repulsed<br> +—Reinforced by the Fifth Corps—Battle of Five <br> +Forks—Turning the Confederate Left—An Unqualified <br> +Success—Relieving General Warren—The Warren Court <br> +of Inquiry—General Sherman's Opinion<br> +<br> +<a href="#ch7b">CHAPTER VII.</a><br> +Result of the Battle of Five Forks—Retreat of Lee<br> +—An Intercepted Despatch—At Amelia Court House <br> +—Battle of Sailor's Creek—The Confederates' <br> +Stubborn Resistance—A Complete Victory<br> +—Importance of the Battle<br> +<br> +<a href="#ch8b">CHAPTER VIII.</a><br> +Lincoln's Laconic Despatch—Capturing Lee's Supplies <br> +—Delighted Engineers—The Confederates' Last <br> +Effort—A Flag of Truce—General Geary's "Last <br> +Ditch" Absurdity—Meeting of Grant and Lee<br> +—The Surrender—Estimate of General Grant<br> +<br> +<a href="#ch9b">CHAPTER IX.</a><br> +Ordered to Greensboro', N. C.—March to the Dan <br> +River—Assigned to the Command West of the <br> +Mississippi—Leaving Washington—Flight of General <br> +Early—Maximilian—Making Demonstrations <br> +on the Upper Rio Grande—Confederates Join <br> +Maximilian—The French Invasion of Mexico, and <br> +its Relations to the Rebellion—Assisting the <br> +Liberals—Restoration of the Republic<br> +<br> +<a href="#ch10b">CHAPTER X.</a><br> +A. J. Hamilton Appointed Provisional Governor of <br> +Texas—Assembles a Constitutional Convention<br> +—The Texans Dissatisfied—Lawlessness—Oppressive <br> +Legislation—Ex-Confederates—Controlling <br> +Louisiana—A Constitutional Convention—The <br> +Meeting Suppressed—A Bloody Riot—My Reports <br> +of the Massacre—Portions Suppressed by President <br> +Johnson—Sustained by a Congressional Committee<br> +—The Reconstruction Laws<br> +<br> +<a href="#ch11b">CHAPTER XI.</a><br> +Passage of the Reconstruction Act Over the <br> +President's Veto—Placed in Command of the Fifth <br> +Military District—Removing Officers—My Reasons <br> +for Such Action—Affairs in Louisiana and Texas<br> +—Removal of Governor Wells—Revision of the jury <br> +Lists—Relieved from the Command of the Fifth <br> +Military District<br> + + + +</td></tr> +</table> +</center> + + +<br> +<br> +<br> + + +<center> +<table summary=""> +<tr><td> + + + +<h2>ILLUSTRATIONS</h2> +<br> +<a href="#belle-grove">Belle-Grove House. General Sheridan's Headquarters at Cedar Creek</a> <br> +<a href="#genwright">Portrait of General Horatio G. Wright</a> <br> + + +</td></tr> +</table> +</center> + +<br> +<br> + + +<center> +<table summary=""> +<tr><td> +<h2>LIST OF MAPS</h2> +<br> +<a href="#pb154">Battle-field of Dinwiddie Court House</a> <br> +<a href="#pb164">Battle-field of Five Forks</a> <br> +<a href="#pb185">Battle-field of Sailor's Creek</a> <br> +<a href="#pb195">Seventh Expedition—The Appomattox Campaign</a> <br> +<a href="#pb207">Eighth Expedition—To the Dan River and Return</a> <br> + + +</td></tr> +</table> +</center> + + +<br><br><br><br><br> + + +<br><br> + + <center><h2>Volume II.</h2></center> + +<br><br> + +<h2>Part 5</h2> + +<br><br> +<center><h3>By Philip Henry Sheridan</h3></center> +<br><br> + + + + + + +<br><br><br><br> +<center><h2><a name="ch6b"></a>CHAPTER VI.</h2></center> +<br> + +<p>BATTLE OF DINWIDDIE COURT HOUSE—PICKETT REPULSED—REINFORCED BY THE +FIFTH CORPS—BATTLE OF FIVE FORKS—TURNING THE CONFEDERATE LEFT—AN +UNQUALIFIED SUCCESS—RELIEVING GENERAL WARREN—THE WARREN COURT OF +INQUIRY—GENERAL SHERMAN'S OPINION.</p> + +<p>The night of March 30 Merritt, with Devin's division and Davies's +brigade, was camped on the Five Forks road about two miles in front +of Dinwiddie, near J. Boisseau's. Crook, with Smith and Gregg's +brigades, continued to cover Stony Creek, and Custer was still back +at Rowanty Creek, trying to get the trains up. This force had been +counted while crossing the creek on the 29th, the three divisions +numbering 9,000 enlisted men, Crook having 3,300, and Custer and +Devin 5,700.</p> + +<p>During the 30th, the enemy had been concentrating his cavalry, and by +evening General W. H. F. Lee and General Rosser had joined Fitzhugh +Lee near Five Forks. To this force was added, about dark, five +brigades of infantry—three from Pickett's division, and two from +Johnson's—all under command of Pickett. The infantry came by the +White Oak road from the right of General Lee's intrenchments, and +their arrival became positively known to me about dark, the +confirmatory intelligence being brought in then by some of Young's +scouts who had been inside the Confederate lines.</p> + +<p>On the 31st, the rain having ceased, directions were given at an +early hour to both Merritt and Crook to make reconnoissances +preparatory to securing Five Forks, and about 9 o'clock Merritt +started for the crossroads, Davies's brigade supporting him. His +march was necessarily slow because of the mud, and the enemy's +pickets resisted with obstinacy also, but the coveted crossroads fell +to Merritt without much trouble, as the bulk of the enemy was just +then bent on other things. At the same hour that Merritt started, +Crook moved Smith's brigade out northwest from Dinwiddie to +Fitzgerald's crossing of Chamberlain's Creek, to cover Merritt's +left, supporting Smith by placing Gregg to his right and rear. The +occupation of this ford was timely, for Pickett, now in command of +both the cavalry and infantry, was already marching to get in +Merritt's rear by crossing Chamberlain's Creek.</p> + +<p>To hold on to Fitzgerald's ford Smith had to make a sharp fight, but +Mumford's cavalry attacking Devin, the enemy's infantry succeeded in +getting over Chamberlain's Creek at a point higher up than +Fitzgerald's ford, and assailing Davies, forced him back in a +northeasterly direction toward the Dinwiddie and Five Forks road in +company with Devin. The retreat of Davies permitted Pickett to pass +between Crook and Merritt, which he promptly did, effectually +separating them and cutting off both Davies and Devin from the road +to Dinwiddie, so that to get to that point they had to retreat across +the country to B. Boisseau's and then down the Boydton road.</p> + +<p>Gibbs's brigade had been in reserve near the intersection of the Five +Forks and Dabney roads, and directing Merritt to hold on there, I +ordered Gregg's brigade to be mounted and brought to Merritt's aid, +for if Pickett continued in pursuit north of the Five Forks road he +would expose his right and rear, and I determined to attack him, in +such case, from Gibbs's position. Gregg arrived in good season, and +as soon as his men were dismounted on Gibbs's left, Merritt assailed +fiercely, compelling Pickett to halt and face a new foe, thus +interrupting an advance that would finally have carried Pickett into +the rear of Warren's corps.</p> + +<p>It was now about 4 o'clock in the afternoon and we were in a critical +situation, but having ordered Merritt to bring Devin and Davies to +Dinwiddie by the Boydton road, staff-officers were sent to hurry +Custer to the same point, for with its several diverging roads the +Court House was of vital importance, and I determined to stay there +at all hazards. At the same time orders were sent to Smith's +brigade, which, by the advance of Pickett past its right flank and +the pressure of W. H. F. Lee on its front, had been compelled to give +up Fitzgerald's crossing, to fall back toward Dinwiddie but to +contest every inch of ground so as to gain time.</p> + +<p>When halted by the attack of Gregg and Gibbs, Pickett, desisting from +his pursuit of Devin, as already stated, turned his undivided +attention to this unexpected force, and with his preponderating +infantry pressed it back on the Five Forks road toward Dinwiddle, +though our men, fighting dismounted behind barricades at different +points, displayed such obstinacy as to make Pickett's progress slow, +and thus give me time to look out a line for defending the Court +House. I selected a place about three-fourths of a mile northwest of +the crossroads, and Custer coming up quickly with Capehart's brigade, +took position on the left of the road to Five Forks in some open +ground along the crest of a gentle ridge. Custer got Capehart into +place just in time to lend a hand to Smith, who, severely pressed, +came back on us here from his retreat along Chamberlain's "bed"—the +vernacular for a woody swamp such as that through which Smith +retired. A little later the brigades of Gregg and Gibbs, falling to +the rear slowly and steadily, took up in the woods a line which +covered the Boydton Road some distance to the right of Capehart, the +intervening gap to be filled with Pennington's brigade. By this time +our horse-artillery, which for two days had been stuck in the mud, +was all up, and every gun was posted in this line.</p> + +<p>It was now near sunset, and the enemy's cavalry thinking the day was +theirs, made a dash at Smith, but just as the assailants appeared in +the open fields, Capehart's men opened so suddenly on their left +flank as to cause it to recoil in astonishment, which permitted Smith +to connect his brigade with Custer unmolested. We were now in good +shape behind the familiar barricades, and having a continuous line, +excepting only the gap to be filled with Pennington, that covered +Dinwiddie and the Boydton Road. My left rested in the woods about +half a mile west of the Court House, and the barricades extended from +this flank in a semicircle through the open fields in a northeasterly +direction, to a piece-of thick timber on the right, near the Boydton +Road.</p> + +<p>A little before the sun went down the Confederate infantry was formed +for the attack, and, fortunately for us, Pennington's brigade came up +and filled the space to which it was assigned between Capehart and +Gibbs, just as Pickett moved out across the cleared fields in front +of Custer, in deep lines that plainly told how greatly we were +outnumbered.</p> + +<p>Accompanied by Generals Merritt and Custer and my staff, I now rode +along the barricades to encourage the men. Our enthusiastic +reception showed that they were determined to stay. The cavalcade +drew the enemy's fire, which emptied several of the saddles—among +others Mr. Theodore Wilson, correspondent of the New York Herald, +being wounded. In reply our horse-artillery opened on the advancing +Confederates, but the men behind the barricades lay still till +Pickett's troops were within short range. Then they opened, Custer's +repeating rifles pouring out such a shower of lead that nothing could +stand up against it. The repulse was very quick, and as the gray +lines retired to the woods from which but a few minutes before they +had so confidently advanced, all danger of their taking Dinwiddie or +marching to the left and rear of our infantry line was over, at least +for the night. The enemy being thus checked, I sent a +staff-officer—Captain Sheridan—to General Grant to report what had taken place +during the afternoon, and to say that I proposed to stay at +Dinwiddie, but if ultimately compelled to abandon the place, I would +do so by retiring on the Vaughn road toward Hatcher's Run, for I then +thought the attack might be renewed next morning. Devin and Davies +joined me about dark, and my troops being now well in hand, I sent a +second staff-officer—Colonel John Kellogg—to explain my situation +more fully, and to assure General Grant that I would hold on at +Dinwiddie till forced to let go.</p> + +<br><br><br><br> +<center><a name="pb154"></a><img alt="pb154.jpg (144K)" src="images/pb154.jpg" height="488" width="650"> +</center> +<a href="images/pb154.jpg" target="_blank"><img alt="Full Size" src="images/enlarge.jpg"> +</a> +<br><br><br><br> + + +<p>By following me to Dinwiddie the enemy's infantry had completely +isolated itself, and hence there was now offered the Union troops a +rare opportunity. Lee was outside of his works, just as we desired, +and the general-in-chief realized this the moment he received the +first report of my situation; General Meade appreciated it too from +the information he got from Captain Sheridan, en route to army +headquarters with the first tidings, and sent this telegram to +General Grant:</p> + +<blockquote> +<br>"HEADQUARTERS OF THE ARMY OF THE POTOMAC, +<br>"March 31, 1865. 9:45 p.m. +<br> +<br>"LIEUTENANT-GENERAL GRANT: +<br> +<br>"Would it not be well for Warren to go down with his whole corps and +smash up the force in front of Sheridan? Humphreys can hold the line +to the Boydton plank-road, and the refusal along with it. Bartlett's +brigade is now on the road from G. Boisseau's, running north, where +it crosses Gravelly Run, he having gone down the White Oak road. +Warren could go at once that way, and take the force threatening +Sheridan in rear at Dinwiddie, and move on the enemy's rear with the +other two. +<br> +<br>"G. G. MEADE, Major-General." +</blockquote> + +<p>An hour later General Grant replied in these words:</p> + +<blockquote> +<br>"HEADQUARTERS ARMIES OF THE UNITED STATES, +<br>"DABNEY'S MILLS, March 311, 1865. 10:15 P. M. +<br> +<br>"MAJOR-GENERAL MEADE, +<br>"Commanding Army of the Potomac. +<br> +<br>Let Warren move in the way you propose, and urge him not to stop for +anything. Let Griffin (Griffin had been ordered by Warren to the +Boydton road to protect his rear) go on as he was first directed. +<br> +<br>"U. S. GRANT, Lieutenant-General." +</blockquote> +<p> +These two despatches were the initiatory steps in sending the Fifth +Corps, under Major-General G. K. Warren, to report to me, and when I +received word of its coming and also that Genera Mackenzie's cavalry +from the Army of the James was likewise to be added to my command, +and that discretionary authority was given me to use all my forces +against Pickett, I resolved to destroy him, if it was within the +bounds of possibility, before he could rejoin Lee.</p> + +<p>In a despatch, dated 10:05 p.m., telling me of the coming of Warren +and Mackenzie, General Grant also said that the Fifth Corps should +reach me by 12 o'clock that night, but at that hour not only had none +of the corps arrived, but no report from it, so believing that if it +came all the way down to Dinwiddie the next morning, our opportunity +would be gone, I concluded that it would be best to order Warren to +move in on the enemy's rear while the cavalry attacked in front, and, +therefore, at 3 o'clock in the morning of April 1 sent this despatch +to General Warren:</p> + +<blockquote> +<br>"CAVALRY HEADQUARTERS, DINWIDDIE C. H., +<br>"April 1, 1865—3. A.M. +<br> +<br>"MAJOR-GENERAL WARREN, +"Commanding Fifth Army Corps. + +<br>"I am holding in front of Dinwiddie Court House, on the road leading +to Five Forks, for three-quarters of a mile with General Custer's +division. The enemy are in his immediate front, lying so as to cover +the road just this side of A. Adams's house, which leads across +Chamberlain's bed, or run. I understand you have a division at J.[G] +Boisseau's; if so, you are in rear of the enemy's line and almost on +his flank. I will hold on here. Possibly they may attack Custer at +daylight; if so, attack instantly and in full force. Attack at +daylight anyhow, and I will make an effort to get the road this side +of Adams's house, and if I do, you can capture the whole of them. +Any force moving down the road I am holding, or on the White Oak +road, will be in the enemy's rear, and in all probability get any +force that may escape you by a flank movement. Do not fear my +leaving here. If the enemy remains, I shall fight at daylight. +<br> +<br>"P. H. SHERIDAN, Major-General." +</blockquote> + +<p> +With daylight came a slight fog, but it lifted almost immediately, +and Merritt moved Custer and Devin forward. As these divisions +advanced the enemy's infantry fell back on the Five Forks road, Devin +pressing him along the road, while Custer extended on the left over +toward Chamberlain's Run, Crook being held in watch along Stony +Creek, meanwhile, to be utilized as circumstances might require when +Warren attacked.</p> + +<p>The order of General Meade to Warren the night of March 31—a copy +being sent me also—was positive in its directions, but as midnight +came without a sign of or word from the Fifth Corps, notwithstanding +that was the hour fixed for its arrival, I nevertheless assumed that +there were good reasons for its non-appearance, but never once +doubted that measures would be taken to comply with my despatch Of +3 A. M. and therefore hoped that, as Pickett was falling back slowly +toward Five Forks, Griffin's and Crawford's divisions would come in +on the Confederate left and rear by the Crump road near J.[G] +Boisseau's house.</p> + +<p>But they did not reach there till after the enemy had got by. As a +matter of fact, when Pickett was passing the all-important point +Warren's men were just breaking from the bivouac in which their chief +had placed them the night before, and the head of Griffin's division +did not get to Boisseau's till after my cavalry, which meanwhile had +been joined by Ayres's division of the Fifth Corps by way of the +Boydton and Dabney roads. By reason of the delay in moving Griffin +and Crawford, the enemy having escaped, I massed the Fifth Corps at +J.[G] Boisseau's so that the men could be rested, and directed it to +remain there; General Warren himself had not then come up. General +Mackenzie, who had reported just after daybreak, was ordered at first +to stay at Dinwiddie Court House, but later was brought along the +Five Forks road to Dr. Smith's, and Crook's division was directed to +continue watching the crossings of Stony Creek and Chamberlain's Run.</p> + +<p>That we had accomplished nothing but to oblige our foe to retreat was +to me bitterly disappointing, but still feeling sure that he would +not give up the Five Forks crossroads without a fight, I pressed him +back there with Merritt's cavalry, Custer advancing on the Scott +road, while Devin drove the rearguard along that leading from J.[G] +Boisseau's to Five Forks.</p> + +<p>By 2 o'clock in the afternoon Merritt had forced the enemy inside his +intrenchments, which began with a short return about three-quarters +of a mile east of the Forks and ran along the south side of the White +Oak road to a point about a mile west of the Forks. From the left of +the return over toward Hatcher's Run was posted Mumford's cavalry, +dismounted. In the return itself was Wallace's brigade, and next on +its right came Ransom's, then Stewart's, then Terry's, then Corse's. +On the right of Corse was W. H. F. Lee's division of cavalry. Ten +pieces of artillery also were in this line, three on the right of the +works, three near the centre at the crossroads, and four on the left, +in the return. Rosser's cavalry was guarding the Confederate trains +north of Hatcher's Run beyond the crossing of the Ford road.</p> + +<p>I felt certain the enemy would fight at Five Forks—he had to—so, +while we were getting up to his intrenchments, I decided on my plan +of battle. This was to attack his whole front with Merritt's two +cavalry divisions, make a feint of turning his right flank, and with +the Fifth Corps assail his left. As the Fifth Corps moved into +action, its right flank was to be covered by Mackenzie's cavalry, +thus entirely cutting off Pickett's troops from communication with +Lee's right flank, which rested near the Butler house at the junction +of the Claiborne and White Oaks roads. In execution of this plan, +Merritt worked his men close in toward the intrenchments, and while +he was thus engaged, I ordered Warren to bring up the Fifth Corps, +sending the order by my engineer officer, Captain Gillespie, who had +reconnoitred the ground in the neighborhood of Gravelly Run Church, +where the infantry was to form for attack.</p> + +<p>Gillespie delivered the order about 1 o'clock, and when the corps was +put in motion, General Warren joined me at the front. Before he +came, I had received, through Colonel Babcock, authority from General +Grant to relieve him, but I did not wish to do it, particularly on +the eve of battle; so, saying nothing at all about the message +brought me, I entered at once on the plan for defeating Pickett, +telling Warren how the enemy was posted, explaining with considerable +detail, and concluding by stating that I wished his troops to be +formed on the Gravelly Church road, near its junction with the White +Oak road, with two divisions to the front, aligned obliquely to the +White Oak road, and one in reserve, opposite the centre of these two.</p> + +<p>General Warren seemed to understand me clearly, and then left to join +his command, while I turned my attention to the cavalry, instructing +Merritt to begin by making demonstrations as though to turn the +enemy's right, and to assault the front of the works with his +dismounted cavalry as soon as Warren became engaged. Afterward I +rode around to Gravelly Run Church, and found the head of Warren's +column just appearing, while he was sitting under a tree making a +rough sketch of the ground. I was disappointed that more of the +corps was not already up, and as the precious minutes went by without +any apparent effort to hurry the troops on to the field, this +disappointment grew into disgust. At last I expressed to Warren my +fears that the cavalry might expend all their ammunition before the +attack could be made, that the sun would go down before the battle +could be begun, or that troops from Lee's right, which, be it +remembered, was less than three miles away from my right, might, by +striking my rear, or even by threatening it, prevent the attack on +Pickett.</p> + +<p>Warren did not seem to me to be at all solicitous; his manner +exhibited decided apathy, and he remarked with indifference that +"Bobby Lee was always getting people into trouble." With unconcern +such as this, it is no wonder that fully three hours' time was +consumed in marching his corps from J.[G] Boisseau's to Gravelly Run +Church, though the distance was but two miles. However, when my +patience was almost worn out, Warren reported his troops ready, +Ayres's division being formed on the west side of the Gravelly Church +road, Crawford's on the east side, and Griffin in reserve behind the +right of Crawford, a little different from my instructions. The +corps had no artillery present, its batteries, on account of the mud, +being still north of Gravelly Run. Meanwhile Merritt had been busy +working his men close up to the intrenchments from the angle of the +return west, along the White Oak road.</p> + +<p>About 4 o'clock Warren began the attack. He was to assault the left +flank of the Confederate infantry at a point where I knew Pickett's +intrenchments were refused, almost at right angles with the White Oak +road. I did not know exactly how far toward Hatcher's Run this part +of the works extended, for here the videttes of Mumford's cavalry +were covering, but I did know where the refusal began. This return, +then, was the point I wished to assail, believing that if the assault +was made with spirit, the line could be turned. I therefore intended +that Ayres and Crawford should attack the refused trenches squarely, +and when these two divisions and Merritt's cavalry became hotly +engaged, Griffin's division was to pass around the left of the +Confederate line; and I personally instructed Griffin how I wished +him to go in, telling him also that as he advanced, his right flank +would be taken care of by Mackenzie, who was to be pushed over toward +the Ford road and Hatcher's Run.</p> + +<p>The front of the corps was oblique to the White Oak road; and on +getting there, it was to swing round to the left till perpendicular +to the road, keeping closed to the left. Ayres did his part well, +and to the letter, bringing his division square up to the front of +the return near the angle; but Crawford did not wheel to the left, as +was intended. On the contrary, on receiving fire from Mumford's +cavalry, Crawford swerved to the right and moved north from the +return, thus isolating his division from Ayres; and Griffin, +uncertain of the enemy's position, naturally followed Crawford.</p> + +<p>The deflection of this division on a line of march which finally +brought it out on the Ford road near C. Young's house, frustrated the +purpose I had in mind when ordering the attack, and caused a gap +between Ayres and Crawford, of which the enemy quickly took +advantage, and succeeded in throwing a part of Ayres's division into +confusion. At this juncture I sent word to General Warren to have +Crawford recalled; for the direction he was following was not only a +mistaken one, but, in case the assault at the return failed, he ran +great risk of capture. Warren could not be found, so I then sent for +Griffin—first by Colonel Newhall, and then by Colonel Sherman—to +come to the aid of Ayres, who was now contending alone with that part +of the enemy's infantry at the return. By this time Griffin had +observed and appreciated Crawford's mistake, however, and when the +staff-officers reached him, was already faced to the left; so, +marching across Crawford's rear, he quickly joined Ayres, who +meanwhile had rallied his troops and carried the return.</p> + +<p>When Ayres's division went over the flank of the enemy's works, +Devin's division of cavalry, which had been assaulting the front, +went over in company with it; and hardly halting to reform, the +intermingling infantry and dismounted cavalry swept down inside the +intrenchments, pushing to and beyond Five Forks, capturing thousands +of prisoners. The only stand the enemy tried to make was when he +attempted to form near the Ford road. Griffin pressed him so hard +there, however, that he had to give way in short order, and many of +his men, with three pieces of artillery, fell into the hands of +Crawford while on his circuitous march.</p> + +<br><br><br><br> +<center><a name="pb164"></a><img alt="pb164.jpg (151K)" src="images/pb164.jpg" height="491" width="650"> +</center> +<a href="images/pb164.jpg" target="_blank"><img alt="Full Size" src="images/enlarge.jpg"> +</a> +<br><br><br><br> + +<p>The right of Custer's division gained a foothold on the enemy's works +simultaneously with Devin's, but on the extreme left Custer had a +very severe combat with W. H. F. Lee's cavalry, as well as with +Corse's and Terry's infantry. Attacking Terry and Corse with +Pennington's brigade dismounted, he assailed Lee's cavalry with his +other two brigades mounted, but Lee held on so obstinately that +Custer gained but little ground till our troops, advancing behind the +works, drove Corse and Terry out. Then Lee made no further stand +except at the west side of the Gillian field, where, assisted by +Corse's brigade, he endeavored to cover the retreat, but just before +dark Custer, in concert with some Fifth Corps regiments under Colonel +Richardson, drove ihe last of the enemy westward on the White Oak +road.</p> + +<p>Our success was unqualified; we had overthrown Pickett, taken six +guns, thirteen battle-flags, and nearly six thousand prisoners. When +the battle was practically over, I turned to consider my position +with reference to the main Confederate army. My troops, though +victorious, were isolated from the Army of the Potomac, for on the +31st of March the extreme left of that army had been thrown back +nearly to the Boydton plank-road, and hence there was nothing to +prevent the enemy's issuing from his trenches at the intersection of +the White Oak and Claiborne roads and marching directly on my rear. +I surmised that he might do this that night or early next morning. +It was therefore necessary to protect myself in this critical +situation, and General Warren having sorely disappointed me, both in +the moving of his corps and in its management during the battle, I +felt that he was not the man to rely upon under such circumstances, +and deeming that it was to the best interest of the service as well +as but just to myself, I relieved him, ordering him to report to +General Grant.</p> + +<p>I then put Griffin in command of the Fifth Corps, and directed him to +withdraw from the pursuit as quickly as he could after following the +enemy a short distance, and form in line of battle near Gravelly Run +Church, at right angles with the White Oak road, with Ayres and +Crawford facing toward the enemy at the junction of the White Oak and +Claiborne roads, leaving Bartlett, now commanding Griffin's division, +near the Ford road. Mackenzie also was left on the Ford road at the +crossing of Hatcher's Run, Merritt going into camp on the Widow +Gillian's plantation. As I had been obliged to keep Crook's division +along Stony Creek throughout the day, it had taken no active part in +the battle.</p> + +<p>Years after the war, in 1879, a Court of Inquiry was given General +Warren in relation to his conduct on the day of the battle. He +assumed that the delay in not granting his request for an inquiry, +which was first made at the close of the war, was due to opposition +on my part. In this he was in error; I never opposed the ordering of +the Court, but when it was finally decided to convene it I naturally +asked to be represented by counsel, for the authorization of the +Inquiry was so peculiarly phrased that it made me practically a +respondent.</p> + +<blockquote> +<br>"NEW YORK CITY, May 3, 1880 +<br> +<br>"MAJOR-GENERAL W. S. HANCOCK, U. S. A. +<br>"President Court of Inquiry, Governor's Island. +<br> +<br>"Sir: Since my arrival in this city, under a subpoena to appear and +testify before the Court of which you are president, I have been +indirectly and unofficially informed that the Court some time ago +forwarded an invitation to me (which has not been received) to appear +personally or by counsel, in order to aid it in obtaining a knowledge +as to the facts concerning the movements terminating in the battle of +'Five Forks,' with reference to the direct subjects of its inquiry. +Any invitation of this character I should always and do consider it +incumbent on me to accede to, and do everything in my power in +furtherance of the specific purposes for which courts of inquiry are +by law instituted. +<br> +<br>"The order convening the Court (a copy of which was not received by +me at my division headquarters until two days after the time +appointed for the Court to assemble) contemplates an inquiry based on +the application of Lieutenant Colonel G. K. Warren, Corps of +Engineers, as to his conduct while major-general commanding the Fifth +Army Corps, under my command, in reference to accusations or +imputations assumed in the order to have been made against him, and I +understand through the daily press that my official report of the +battle of Five Forks has been submitted by him as a basis of inquiry. +<br> +<br>"If it is proposed to inquire, either directly or indirectly, as to +any action of mine so far as the commanding general Fifth Army Corps +was concerned, or my motives for such action, I desire to be +specifically informed wherein such action or transaction is alleged +to contain an accusation or imputation to become a subject of +inquiry, so that, knowing what issues are raised, I may intelligently +aid the Court in arriving at the facts. +<br> +<br>"It is a long time since the battle of Five Forks was fought, and +during the time that has elapsed the official reports of that battle +have been received and acknowledged by the Government; but now, when +the memory of events has in many instances grown dim, and three of +the principal actors on that field are dead—Generals Griffin, +Custer, and Devin, whose testimony would have been valuable—an +investigation is ordered which might perhaps do injustice unless the +facts pertinent to the issues are fully developed. +<br> +<br>"My duties are such that it will not be convenient for me to be +present continuously during the sessions of the Court. In order, +however, that everything may be laid before it in my power pertinent +to such specific issues as are legally raised, I beg leave to +introduce Major Asa Bird Gardner as my counsel. +<br> +<br>"Very respectfully, +<br> +<br>"P. H. SHERIDAN, Lieut.-General." +</blockquote> + +<p> +Briefly stated, in my report of the battle of Five Forks there were +four imputations concerning General Warren. The first implied that +Warren failed to reach me on the 1st of April, when I had reason to +expect him; the second, that the tactical handling of his corps was +unskillful; the third, that he did not exert himself to get his corps +up to Gravelly Run Church; and the fourth, that when portions of his +line gave way he did not exert himself to restore confidence to his +troops. The Court found against him on the first and second counts, +and for him on the third and fourth. This finding was unsatisfactory +to General Warren, for he hoped to obtain such an unequivocal +recognition of his services as to cast discredit on my motives for +relieving him. These were prompted by the conditions alone—by the +conduct of General Warren as described, and my consequent lack of +confidence in him.</p> + +<p>It will be remembered that in my conversation with General Grant on +the 30th, relative to the suspension of operations because of the +mud, I asked him to let me have the Sixth Corps to help me in +breaking in on the enemy's right, but that it could not be sent me; +it will be recalled also that the Fifth Corps was afterward tendered +and declined. From these facts it has been alleged that I was +prejudiced against General Warren, but this is not true. As we had +never been thrown much together I knew but little of him. I had no +personal objection to him, and certainly could have none to his +corps. I was expected to do an extremely dangerous piece of work, +and knowing the Sixth Corps well—my cavalry having campaigned with +it so successfully in the Shenandoah Valley, I naturally preferred +it, and declined the Fifth for no other reason. But the Sixth could +not be given, and the turn of events finally brought me the Fifth +after my cavalry, under the most trying difficulties, had drawn the +enemy from his works, and into such a position as to permit the +realization of General Grant's hope to break up with my force Lee's +right flank. Pickett's isolation offered an opportunity which we +could not afford to neglect, and the destruction of his command would +fill the measure of General Grant's expectations as well as meet my +own desires. The occasion was not an ordinary one, and as I thought +that Warren had not risen to its demand in the battle, I deemed it +injudicious and unsafe under the critical conditions existing to +retain him longer. That I was justified in this is plain to all who +are disposed to be fair-minded, so with the following extract from +General Sherman's review of the proceedings of the Warren Court, and +with which I am convinced the judgment of history will accord, I +leave the subject:</p> + +<blockquote> +<br>"....It would be an unsafe and dangerous rule to hold the commander +of an army in battle to a technical adherence to any rule of conduct +for managing his command. He is responsible for results, and holds +the lives and reputations of every officer and soldier under his +orders as subordinate to the great end—victory. The most important +events are usually compressed into an hour, a minute, and he cannot +stop to analyze his reasons. He must act on the impulse, the +conviction, of the instant, and should be sustained in his +conclusions, if not manifestly unjust. The power to command men, and +give vehement impulse to their joint action, is something which +cannot be defined by words, but it is plain and manifest in battles, +and whoever commands an army in chief must choose his subordinates by +reason of qualities which can alone be tested in actual conflict. +<br> +<br>"No one has questioned the patriotism, integrity, and great +intelligence of General Warren. These are attested by a long record +of most excellent service, but in the clash of arms at and near Five +Forks, March 31 and April 1, 1865, his personal activity fell short +of the standard fixed by General Sheridan, on whom alone rested the +great responsibility for that and succeeding days. +<br> +<br>"My conclusion is that General Sheridan was perfectly justified in +his action in this case, and he must be fully and entirely sustained +if the United States expects great victories by her arms in the +future." +</blockquote> + +<br><br><br><br> +<center><h2><a name="ch7b"></a>CHAPTER VII.</h2></center> +<br> + +<p>RESULT OF THE BATTLE OF FIVE FORKS—RETREAT OF LEE—AN INTERCEPTED +DESPATCH—AT AMELIA COURT HOUSE—BATTLE OF SAILOR'S CREEK—THE +CONFEDERATES' STUBBORN RESISTANCE—A COMPLETE VICTORY—IMPORTANCE OF +THE BATTLE.</p> + +<p>When the news of the battle at Five Forks reached General Grant, he +realized that the decisive character of our victory would necessitate +the immediate abandonment of Richmond and Petersburg by the enemy; +and fearing that Lee would escape without further injury, he issued +orders, the propriety of which must be settled by history, to assault +next morning the whole intrenched line. But Lee could not retreat at +once. He had not anticipated, disaster at Five Forks, and hence was +unprepared to withdraw on the moment; and the necessity of getting +off his trains and munitions of war, as well as being obliged to +cover the flight of the Confederate Government, compelled him to hold +on to Richmond and Petersburg till the afternoon of the 2d, though +before that Parke, Ord, and Wright had carried his outer +intrenchments at several points, thus materially shortening the line +of investment.</p> + +<p>The night of the 1st of April, General Humphreys's corps—the +Second—had extended its left toward the White Oak road, and early next +morning, under instructions from General Grant, Miles's division of +that corps reported to me, and supporting him with Ayres's and +Crawford's divisions of the Fifth Corps, I then directed him to +advance toward Petersburg and attack the enemy's works at the +intersection of the Claiborne and White Oak roads.</p> + +<p>Such of the enemy as were still in the works Miles easily forced +across Hatcher's Run, in the direction of Sutherland's depot, but the +Confederates promptly took up a position north of the little stream, +and Miles being anxious to attack, I gave him leave, but just at this +time General Humphreys came up with a request to me from General +Meade to return Miles. On this request I relinquished command of the +division, when, supported by the Fifth Corps it could have broken in +the enemy's right at a vital point; and I have always since regretted +that I did so, for the message Humphreys conveyed was without +authority from General Grant, by whom Miles had been sent to me, but +thinking good feeling a desideratum just then, and wishing to avoid +wrangles, I faced the Fifth Corps about and marched it down to Five +Forks, and out the Ford road to the crossing of Hatcher's Run. After +we had gone, General Grant, intending this quarter of the field to be +under my control, ordered Humphreys with his other two divisions to +move to the right, in toward Petersburg. This left Miles entirely +unsupported, and his gallant attack made soon after was unsuccessful +at first, but about 3 o'clock in the afternoon he carried the point +which covered the retreat from Petersburg and Richmond.</p> + +<p>Merritt had been sent westward, meanwhile, in the direction of Ford's +Station, to break the enemy's horse which had been collecting to the +north of Hatcher's Run. Meeting, with but little opposition, Merritt +drove this cavalry force in a northerly direction toward Scott's +Corners, while the Fifth Corps was pushed toward Sutherland's depot, +in the hope of coming in on the rear of the force that was +confronting Miles when I left him. Crawford and Merritt engaged the +enemy lightly just before night, but his main column, retreating +along the river road south of the Appomattox, had got across Namozine +Creek, and the darkness prevented our doing more than to pick up some +stragglers. The next morning the pursuit was resumed, the cavalry +again in advance, the Fifth Corps keeping up with it all the while, +and as we pressed our adversaries hundreds and hundreds of prisoners, +armed and unarmed, fell into our hands, together with many wagons and +five pieces of artillery. At Deep Creek the rearguard turned on us, +and a severe skirmish took place. Merritt, finding the enemy very +strong, was directed to await the arrival of Crook and for the rear +division of the Fifth Corps; but by the time they reached the creek, +darkness had again come to protect the Confederates, and we had to be +content with meagre results at that point.</p> + +<p>From the beginning it was apparent that Lee, in his retreat, was +making for Amelia Court House, where his columns north and south of +the Appomattox River could join, and where, no doubt, he expected to +meet supplies, so Crook was ordered to march early on April 4 to +strike the Danville railroad, between Jettersville and Burkeville, +and then move south along the railroad toward Jettersville, Merritt +to move toward Amelia Court House, and the Fifth Corps to +Jettersville itself.</p> + +<p>The Fifth Corps got to Jettersville about 5 in the afternoon, and I +immediately intrenched it across the Burkeville road with the +determination to stay there till the main army could come up, for I +hoped we could force Lee to surrender at Amelia Court House, since a +firm hold on Jettersville would cut him off from his line of retreat +toward Burkeville.</p> + +<p>Accompanied only by my escort—the First United States Cavalry, about +two hundred strong—I reached Jettersville some little time before +the Fifth Corps, and having nothing else at hand I at once deployed +this handful of men to cover the crossroads till the arrival of the +corps. Just as the troopers were deploying, a man on a mule, heading +for Burkeville, rode into my pickets. He was arrested, of course, +and being searched there was found in his boots this telegram in +duplicate, signed by Lee's Commissary General.</p> + +<blockquote> +<br>"The army is at Amelia Court House, short of provisions. Send +300,000 rations quickly to Burkeville Junction." One copy was +addressed to the supply department at Danville, and the other to that +at Lynchburg. I surmised that the telegraph lines north of +Burkeville had been broken by Crook after the despatches were +written, which would account for their being transmitted by +messenger. There was thus revealed not only the important fact that +Lee was concentrating at Amelia Court House, but also a trustworthy +basis for estimating his troops, so I sent word to Crook to strike up +the railroad toward me, and to Merritt—who, as I have said, had +followed on the heels of the enemy—to leave Mackenzie there and +himself close in on Jettersville. Staff-officers were also +despatched to hurry up Griffin with the Fifth Corps, and his tired men +redoubled their strides. +</blockquote> + +<p>My troops too were hard up for rations, for in the pursuit we could +not wait for our trains, so I concluded to secure if possible these +provisions intended for Lee. To this end I directed Young to send +four of his best scouts to Burkeville Junction. There they were to +separate, two taking the railroad toward Lynchburg and two toward +Danville, and as soon as a telegraph station was reached the telegram +was to be transmitted as it had been written and the provisions thus +hurried forward.</p> + +<p>Although the Fifth Corps arrived at Jettersville the evening of April +4, as did also Crook's and Merritt's cavalry, yet none of the army of +the Potomac came up till about 3 o'clock the afternoon of the 5th, +the Second Corps, followed by the Sixth, joining us then. General +Meade arrived at Jettersville an hour earlier, but being ill, +requested me to put his troops in position. The Fifth Corps being +already intrenched across the Amelia Court House road facing north, I +placed the Sixth on its right and the Second on its left as they +reached the ground.</p> + +<p>As the enemy had been feeling us ever since morning—to learn what he +was up to I directed Crook to send Davies's brigade on a +reconnoissance to Paine's crossroads. Davies soon found out that Lee +was trying to escape by that flank, for at the crossroads he found +the Confederate trains and artillery moving rapidly westward. Having +driven away the escort, Davies succeeded in burning nearly two +hundred wagons, and brought off five pieces of artillery. Among +these wagons were some belonging to General, Lee's and to General +Fitzhugh Lee's headquarters. This work through, Davies withdrew and +rejoined Crook, who, with Smith and Gregg, was established near Flat +Creek.</p> + +<p>It being plain that Lee would attempt to escape as soon as his trains +were out of the way, I was most anxious to attack him when the Second +Corps began to arrive, for I felt certain that unless we did so he +would succeed in passing by our left flank, and would thus again make +our pursuit a stern-chase; but General Meade, whose plan of attack +was to advance his right flank on Amelia Court House, objected to +assailing before all his troops were up.</p> + +<p>I then sent despatches to General Grant, explaining what Davies had +done, and telling him that the Second Corps was arriving, and that I +wished he himself was present. I assured him of my confidence in our +capturing Lee if we properly exerted ourselves, and informed him, +finally, that I would put all my cavalry, except Mackenzie, on my +left, and that, with such a disposition of my forces, I could see no +escape for Lee. I also inclosed him this letter, which had just been +captured:</p> + +<blockquote> +<br>"AMELIA C. H., April 5, 1865. +<br> +<br>"DEAR MAMMA: +<br> +<br>"Our army is ruined, I fear. We are all safe as yet. Shyron left us +sick. John Taylor is well—saw him yesterday. We are in line of +battle this morning. General Robert Lee is in the field near us. My +trust is still in the justice of our cause, and that of God. General +Hill is killed. I saw Murray a few minutes since. Bernard, Terry +said, was taken prisoner, but may yet get out. I send this by a +negro I see passing up the railroad to Mechlenburg. Love to all. +<br> +<br>"Your devoted son, +<br> +<br>"Wm. B. TAYLOR, Colonel." +</blockquote> + +<p> +General Grant, who on the 5th was accompanying General Ord's column +toward Burkeville Junction, did not receive this intelligence till +nearly nightfall, when within about ten miles of the Junction. He +set out for Jettersville immediately, but did not reach us till near +midnight, too late of course to do anything that night. Taking me +with him, we went over to see Meade, whom he then directed to advance +early in the morning on Amelia Court House. In this interview Grant +also stated that the orders Meade had already issued would permit +Lee's escape, and therefore must be changed, for it was not the aim +only to follow the enemy, but to get ahead of him, remarking during +the conversation that, "he had no doubt Lee was moving right then." +On this same occasion Meade expressed a desire to have in the +proposed attack all the troops of the Army of the Potomac under his +own command, and asked for the return of the Fifth Corps. I made no +objections, and it was ordered to report, to him.</p> + +<p>When, on the morning of the 6th, Meade advanced toward Amelia Court +House, he found, as predicted, that Lee was gone. It turned out that +the retreat began the evening of the 5th and continued all night. +Satisfied that this would be the case, I did not permit the cavalry +to participate in Meade's useless advance, but shifted it out toward +the left to the road running from Deatonsville to Rice's station, +Crook leading and Merritt close up. Before long the enemy's trains +were discovered on this road, but Crook could make but little +impression on them, they were so strongly guarded; so, leaving +Stagg's brigade and Miller's battery about three miles southwest of +Deatonsville—where the road forks, with a branch leading north +toward the Appomattox—to harass the retreating column and find a +vulnerable point, I again shifted the rest of the cavalry toward the +left, across-country, but still keeping parallel to the enemy's line +of march.</p> + +<p>Just after crossing Sailor's Greek, a favorable opportunity offering, +both Merritt and Crook attacked vigorously, gained the Rice's Station +road, destroyed several hundred wagons, made many prisoners, and +captured sixteen pieces of artillery. This was important, but more +valuable still was the fact that we were astride the enemy's line of +retreat, and had cut off from joining Longstreet, waiting at Rice's +Station, a corps of Confederate infantry under General Ewell, +composed of Anderson's, Kershaw's, and Custis Lee's divisions. +Stagg's brigade and Miller's battery, which, as I have said, had been +left at the forks of the Deatonsville road, had meanwhile broken in +between the rear of Ewell's column and the head of Gordon's, forcing +Gordon to abandon his march for Rice's Station, and to take the +right-hand road at the forks, on which he was pursued by General +Humphreys.</p> + +<p>The complete isolation of Ewell from Longstreet in his front and +Gordon in his rear led to the battle of Sailor's Creek, one of the +severest conflicts of the war, for the enemy fought with desperation +to escape capture, and we, bent on his destruction, were no less +eager and determined. The capture of Ewell, with six of his generals +and most of his troops, crowned our success, but the fight was so +overshadowed by the stirring events of the surrender three days +later, that the battle has never been accorded the prominence it +deserves.</p> + +<p>The small creek from which the field takes its name flows in a +northwesterly direction across the road leading from Deatonsville to +Rice's Station. By shifting to the left, Merritt gained the Rice's +Station road west of the creek, making havoc of the wagon-trains, +while Crook struck them further on and planted himself square across +the road. This blocked Ewell, who, advancing Anderson to some high +ground west of the creek, posted him behind barricades, with the +intention of making a hard fight there, while the main body should +escape through the woods in a westerly direction to roads that led to +Farmville. This was prevented, however, by Crook forming his +division, two brigades dismounted and one mounted, and at once +assaulting all along Anderson's front and overlapping his right, +while Merritt fiercely attacked to the right of Crook. The enemy +being thus held, enabled the Sixth Corps—which in the meantime I had +sent for—to come upon the ground, and Ewell, still contending with +the cavalry, found himself suddenly beset by this new danger from his +rear. To, meet it, he placed Kershaw to the right and Custis Lee to +the left of the Rice's Station road, facing them north toward and +some little distance from Sailor's Creek, supporting Kershaw with +Commander Tucker's Marine brigade. Ewell's skirmishers held the line +of Sailor's Creek, which runs through a gentle valley, the north +slope of which was cleared ground.</p> + +<p>By General Grant's directions the Sixth Corps had been following my +route of march since the discovery, about 9 o'clock in the morning, +that Lee had decamped from Amelia Court House. Grant had promptly +informed me of this in a note, saying, "The Sixth Corps will go in +with a vim any place you may dictate," so when I sent word to Wright +of the enemy's isolation, and asked him to hurry on with all speed, +his gallant corps came as fast as legs could carry them, he sending +to me successively Major McClellan and Colonel Franklin, of his +staff, to report his approach.</p> + +<br><br><br><br> +<center><a name="genwright"></a><img alt="pb273-Wright.jpg (76K)" src="images/pb273-Wright.jpg" height="857" width="575"> +</center> +<br><br><br><br> + +<p>I was well advised as to the position of the enemy through +information brought me by an intelligent young soldier, William A. +Richardson, Company "A," Second Ohio, who, in one of the cavalry +charges on Anderson, had cleared the barricades and made his way back +to my front through Ewell's line. Richardson had told me just how +the main body of the enemy was posted, so as Seymour's division +arrived I directed General Wright to put it on the right of the road, +while Wheaton's men, coming up all hot and out of breath, promptly +formed on Seymour's left. Both divisions thus aligned faced +southwest toward Sailor's Creek, and the artillery of the corps being +massed to the left and front of the Hibbon house, without waiting for +Getty's division—for I feared that if we delayed longer the enemy +might effect his escape toward Farmville—the general attack was +begun. Seymour and Wheaton, moving forward together, assailed the +enemy's front and left, and Stagg's brigade, too, which in the mean +time had been placed between Wheaton's left and Devin's right, went +at him along with them, Merritt and Crook resuming the fight from +their positions in front of Anderson. The enemy, seeing little +chance of escape, fought like a tiger at bay, but both Seymour and +Wheaton pressed him vigorously, gaining ground at all points except +just to the right of the road, where Seymour's left was checked. +Here the Confederates burst back on us in a counter-charge, surging +down almost to the creek, but the artillery, supported by Getty, who +in the mean time had come on the ground, opened on them so terribly +that this audacious and furious onset was completely broken, though +the gallant fellows fell back to their original line doggedly, and +not until after they had almost gained the creek. Ewell was now +hemmed in on every side, and all those under his immediate command +were captured. Merritt and Crook had also broken up Anderson by this +time, but he himself, and about two thousand disorganized men escaped +by making their way through the woods toward the Appomattox River +before they could be entirely enveloped. Night had fallen when the +fight was entirely over, but Devin was pushed on in pursuit for about +two miles, part of the Sixth Corps following to clinch a victory +which not only led to the annihilation of one corps of Lee's +retreating army, but obliged Longstreet to move up to Farmville, so +as to take a road north of the Appomattox River toward Lynchburg +instead of continuing toward Danville.</p> + +<br><br><br><br> +<center><a name="pb185"></a><img alt="pb185.jpg (43K)" src="images/pb185.jpg" height="814" width="650"> +</center> +<br><br><br><br> + +<p>At the close of the battle I sent one of my staff—Colonel Redwood +Price—to General Grant to report what had been done; that we had +taken six generals and from nine to ten thousand prisoners. On his +way Price stopped at the headquarters of General Meade, where he +learned that not the slightest intelligence of the occurrence on my +line had been received, for I not being under Meade's command, he had +paid no attention to my movements. Price gave the story of the +battle, and General Meade, realizing its importance, sent directions +immediately to General Wright to make his report of the engagement to +the headquarters of the Army of the Potomac, assuming that Wright was +operating independently of me in the face of Grant's despatch Of +2 o'clock, which said that Wright was following the cavalry and would +"go in with a vim" wherever I dictated. Wright could not do else +than comply with Meade's orders in the case, and I, being then in +ignorance of Meade's reasons for the assumption, could say nothing. +But General Grant plainly intending, and even directing, that the +corps should be under my command, remedied this phase of the matter, +when informed of what had taken place, by requiring Wright to send a +report of the battle through me. What he then did, and what his +intentions and orders were, are further confirmed by a reference to +the episode in his "Memoirs," where he gives his reasons for ordering +the Sixth Corps to abandon the move on Amelia Court House and pass to +the left of the army. On the same page he also says, referring to +the 6th of April: "The Sixth Corps now remained with the cavalry +under Sheridan's direct command until after the surrender." He +unquestionably intended all of this, but his purpose was partly +frustrated by General Meade's action next morning in assuming +direction of the movements of the corps; and before General Grant +became aware of the actual conditions the surrender was at hand.</p> + +<br><br><br><br> +<center><h2><a name="ch8b"></a>CHAPTER VIII.</h2></center> +<br> + +<p>LINCOLN'S LACONIC DESPATCH—CAPTURING LEE'S SUPPLIES—DELIGHTED +ENGINEERS—THE CONFEDERATES' LAST EFFORT—A FLAG OF TRUCE—GENERAL +GEARY'S "LAST DITCH" ABSURDITY—MEETING OF GRANT AND LEE—THE +SURRENDER—ESTIMATE OF GENERAL GRANT.</p> + +<p>The first report of the battle of Sailor's Creek that General Grant +received was, as already stated, an oral message carried by Colonel +Price, of my staff. Near midnight I sent a despatch giving the names +of the generals captured. These were Ewell, Kershaw, Barton, Corse, +Dubose, and Custis Lee. In the same despatch I wrote: <b>"If the thing +is pressed, I think that Lee will surrender."</b> When Mr. Lincoln, at +City Point, received this word from General Grant, who was +transmitting every item of news to the President, he telegraphed +Grant the laconic message: <b>"Let the thing be pressed."</b> The morning of +the 7th we moved out at a very early hour, Crook's division marching +toward Farmville in direct pursuit, while Merritt and Mackenzie were +ordered to Prince Edward's Court House to anticipate any effort Lee +might make to escape through that place toward Danville since it had +been discovered that Longstreet had slipped away already from the +front of General Ord's troops at Rice's Station. Crook overtook the +main body of the Confederates at Farmville, and promptly attacked +their trains on the north side of the Appomattox with Gregg's +brigade, which was fiercely turned upon and forced to re-cross the +river with the loss of a number of prisoner's, among them Gregg +himself. When Crook sent word of this fight, it was clear that Lee +had abandoned all effort to escape to the southwest by way of +Danville. Lynchburg was undoubtedly his objective point now; so, +resolving to throw my cavalry again across his path, and hold him +till the infantry could overtake him, I directed everything on +Appomattox depot, recalling Crook the night of the 7th to Prospect +Station, while Merritt camped at Buffalo Creek, and Mackenzie made a +reconnoissance along the Lynchburg railroad.</p> + +<p>At break of day, April 8, Merritt and Mackenzie united with Crook at +Prospect Station, and the cavalry all moved then toward Appomattox +depot. Hardly had it started when one of the scouts—Sergeant +White—informed me that there were four trains of cars at the depot loaded +with supplies for Lee's army; these had been sent from Lynchburg, in +compliance with the telegram of Lee's commissary-general, which +message, it will be remembered, was captured and transmitted to +Lynchburg by two of Young's scouts on the 4th. Sergeant White, who +had been on the lookout for the trains ever since sending the +despatch, found them several miles west of Appomattox depot feeling +their way along, in ignorance of Lee's exact position. As he had the +original despatch with him, and took pains to dwell upon the pitiable +condition of Lee's army, he had little difficulty in persuading the +men in charge of the trains to bring them east of Appomattox Station, +but fearing that the true state of affairs would be learned before +long, and the trains be returned to Lynchburg, he was painfully +anxious to have them cut off by breaking the track west of the +station.</p> + +<p>The intelligence as to the trains was immediately despatched to +Crook, and I pushed on to join him with Merritt's command. Custer +having the advance, moved rapidly, and on nearing the station +detailed two regiments to make a detour southward to strike the +railroad some distance beyond and break the track. These regiments +set off at a gallop, and in short order broke up the railroad enough +to prevent the escape of the trains, Custer meanwhile taking +possession of the station, but none too soon, for almost at the +moment he did so the advance-guard of Lee's army appeared, bent on +securing the trains. Without halting to look after the cars further, +Custer attacked this advance-guard and had a spirited fight, in which +he drove the Confederates away from the station, captured twenty-five +pieces of artillery, a hospital train, and a large park of wagons, +which, in the hope that they would reach Lynchburg next day, were +being pushed ahead of Lee's main body.</p> + +<p>Devin coming up a little before dusk, was put in on the right of +Custer, and one of Crook's brigades was sent to our left and the +other two held in reserve. I then forced the enemy back on the +Appomattox road to the vicinity of the Court House, and that the +Confederates might have no rest, gave orders to continue the +skirmishing throughout the night. Meanwhile the captured trains had +been taken charge of by locomotive engineers, soldiers of the +command, who were delighted evidently to get back at their old +calling. They amused themselves by running the trains to and fro, +creating much confusion, and keeping up such an unearthly screeching +with the whistles that I was on the point of ordering the cars +burned. They finally wearied of their fun, however, and ran the +trains off to the east toward General Ord's column.</p> + +<p>The night of the 8th I made my headquarters at a little frame house +just south of the station. I did not sleep at all, nor did anybody +else, the entire command being up all night long; indeed, there had +been little rest in the, cavalry for the past eight days. The +necessity of getting Ord's column up was so obvious now that +staff-officer after staff-officer was sent to him and to General Grant +requesting that the infantry be pushed on, for if it could get to the +front, all knew that the rebellion would be ended on the morrow. +Merritt, Crook, Custer, and Devin were present at frequent intervals +during the night, and everybody was overjoyed at the prospect that +our weary work was about to end so happily. Before sun-up General +Ord arrived, and informed me of the approach of his column, it having +been marching the whole night. As he ranked me, of course I could +give him no orders, so after a hasty consultation as to where his +troops should be placed we separated, I riding to the front to +overlook my line near Appomattox Court House, while he went back to +urge along his weary troops.</p> + +<p>The night before General Lee had held a council with his principal +generals, when it was arranged that in the morning General Gordon +should undertake to break through my cavalry, and when I neared my +troops this movement was beginning, a heavy line of infantry bearing +down on us from the direction of the village. In front of Crook and +Mackenzie firing had already begun, so riding to a slight elevation +where a good view of the Confederates could be had, I there came to +the conclusion that it would be unwise to offer more resistance than +that necessary to give Ord time to form, so I directed Merritt to +fall back, and in retiring to shift Devin and Custer to the right so +as to make room for Ord, now in the woods to my rear. Crook, who +with his own and Mackenzie's divisions was on my extreme left +covering some by-roads, was ordered to hold his ground as long as +practicable without sacrificing his men, and, if forced to retire, to +contest with obstinacy the enemy's advance.</p> + +<p>As already stated, I could not direct General Ord's course, he being +my senior, but hastily galloping back to where he was, at the edge of +the timber, I explained to him what was taking place at the front. +Merritt's withdrawal inspired the Confederates, who forthwith began +to press Crook, their line of battle advancing with confidence till +it reached the crest whence I had reconnoitred them. From this +ground they could see Ord's men emerging from the woods, and the +hopelessness of a further attack being plain, the gray lines +instinctively halted, and then began to retire toward a ridge +immediately fronting Appomattox Court House, while Ord, joined on his +right by the Fifth Corps, advanced on them over the ground that +Merritt had abandoned.</p> + +<p>I now directed my steps toward Merritt, who, having mounted his +troopers, had moved them off to the right, and by the time I reached +his headquarters flag he was ready for work, so a move on the enemy's +left was ordered, and every guidon was bent to the front. As the +cavalry marched along parallel with the Confederate line, and in +toward its left, a heavy fire of artillery opened on us, but this +could not check us at such a time, and we soon reached some high +ground about half a mile from the Court House, and from here I could +see in the low valley beyond the village the bivouac undoubtedly of +Lee's army. The troops did not seem to be disposed in battle order, +but on the other side of the bivouac was a line of battle—a heavy +rear-guard—confronting, presumably, General Meade.</p> + +<p>I decided to attack at once, and formations were ordered at a trot +for a charge by Custer's and Devin's divisions down the slope leading +to the camps. Custer was soon ready, but Devin's division being in +rear its formation took longer, since he had to shift further to the +right; Devin's preparations were, therefore, but partially completed +when an aide-decamp galloped up to with the word from Custer, "Lee +has surrendered; do not charge; the white flag is up." The enemy +perceiving that Custer was forming for attack, had sent the flag out +to his front and stopped the charge just in time. I at once sent +word of the truce to General Ord, and hearing nothing more from +Custer himself, I supposed that he had gone down to the Court House +to join a mounted group of Confederates that I could see near there, +so I, too, went toward them, galloping down a narrow ridge, staff and +orderlies following; but we had not got half way to the Court House +when, from a skirt of timber to our right, not more than three +hundred yards distant, a musketry fire was opened on us. This halted +us, when, waving my hat, I called out to the firing party that we +were under a truce, and they were violating it. This did not stop +them, however, so we hastily took shelter in a ravine so situated as +to throw a ridge between us and the danger.</p> + +<br><br><br><br> +<center><a name="pb195"></a><img alt="pb195.jpg (113K)" src="images/pb195.jpg" height="374" width="650"> +</center> +<a href="images/pb195.jpg" target="_blank"><img alt="Full Size" src="images/enlarge.jpg"> +</a> +<br><br><br><br> + +<p>We traveled in safety down this depression to its mouth, and thence +by a gentle ascent approached the Court House. I was in advance, +followed by a sergeant carrying my battleflag. When I got within +about a hundred and fifty yards of the enemy's line, which was +immediately in front of the Court House, some of the Confederates +leveled their pieces at us, and I again halted. Their officers kept +their men from firing, however, but meanwhile a single-handed contest +had begun behind me, for on looking back I heard a Confederate +soldier demanding my battle-flag from the color-bearer, thinking, no +doubt, that we were coming in as prisoners. The sergeant had drawn +his sabre and was about to cut the man down, but at a word from me he +desisted and carried the flag back to my staff, his assailant quickly +realizing that the boot was on the other leg.</p> + +<p>These incidents determined me to remain where I was till the return +of a staff-officer whom I had sent over to demand an explanation from +the group of Confederates for which I had been heading. He came back +in a few minutes with apologies for what had occurred, and informed +me that General Gordon and General Wilcox were the superior officers +in the group. As they wished me to join them I rode up with my +staff, but we had hardly met when in front of Merritt firing began. +At the sound I turned to General Gordon, who seemed embarrassed by +the occurrence, and remarked: "General, your men fired on me as I was +coming over here, and undoubtedly they are treating Merritt and +Custer the same way. We might as well let them fight it out." He +replied, "There must be some mistake." I then asked, "Why not send a +staff-officer and have your people cease firing; they are violating +the flag." He answered, "I have no staff-officer to send." Whereupon +I said that I would let him have one of mine, and calling for +Lieutenant Vanderbilt Allen, I directed him to carry General Gordon's +orders to General Geary, commanding a small brigade of South Carolina +cavalry, to discontinue firing. Allen dashed off with the message +and soon delivered it, but was made a prisoner, Geary saying, "I do +not care for white flags: South Carolinians never surrender...." By +this time Merritt's patience being exhausted, he ordered an attack, +and this in short order put an end to General Geary's "last ditch" +absurdity, and extricated Allen from his predicament.</p> + +<p>When quiet was restored Gordon remarked: "General Lee asks for a +suspension of hostilities pending the negotiations which he is having +with General Grant." I rejoined: "I have been constantly informed of +the progress of the negotiations, and think it singular that while +such discussions are going on, General Lee should have continued his +march and attempted to break through my lines this morning. I will +entertain no terms except that General Lee shall surrender to General +Grant on his arrival here. If these terms are not accepted we will +renew hostilities." Gordon replied: "General Lee's army is +exhausted. There is no doubt of his surrender to General Grant."</p> + +<p>It was then that General Ord joined us, and after shaking hands all +around, I related the situation to him, and Gordon went away agreeing +to meet us again in half an hour. When the time was up he came back +accompanied by General Longstreet, who brought with him a despatch, +the duplicate of one that had been sent General Grant through General +Meade's lines back on the road over which Lee had been retreating.</p> + +<p>General Longstreet renewed the assurances that already had been given +by Gordon, and I sent Colonel Newhall with the despatch to find +General Grant and bring him to the front. When Newhall started, +everything on our side of the Appomattox Court House was quiet, for +inevitable surrender was at hand, but Longstreet feared that Meade, +in ignorance of the new conditions on my front might attack the +Confederate rearguard. To prevent this I offered to send Colonel J. +W. Forsyth through the enemy's lines to let Meade know of my +agreement, for he too was suspicious that by a renewed correspondence +Lee was endeavoring to gain time for escape. My offer being +accepted, Forsyth set out accompanied by Colonel Fairfax, of +Longstreet's staff, and had no difficulty in accomplishing his +mission.</p> + +<p>About five or six miles from Appomattox, on the road toward Prospect +Station near its intersection with the Walker's Church road, my +adjutant-general, Colonel Newhall, met General Grant, he having +started from north of the Appomattox River for my front the morning +of April 9, in consequence of the following despatches which had been +sent him the night before, after we had captured Appomattox Station +and established a line intercepting Lee:</p> + +<blockquote> +<br>"CAVALRY HEADQUARTERS, April 8, 1865—9:20 P. M. +<br> +<br>"LIEUTENANT-GENERAL U. S. GRANT, +<br>"Commanding Armies of the U. S. +<br> +<br>"General: I marched early this morning from Buffalo Creek and +Prospect Station on Appomattox Station, where my scouts had reported +trains of cars with supplies for Lee's army. A short time before +dark General Custer, who had the advance, made a dash at the station, +capturing four trains of supplies with locomotives. One of the +trains was burned and the others were run back toward Farmville for +security. Custer then pushed on toward Appomattox Court House, +driving the enemy—who kept up a heavy fire of artillery—charging +them repeatedly and capturing, as far as reported, twenty-five pieces +of artillery and a number of prisoners and wagons. The First Cavalry +Division supported him on the right. A reconnoissance sent across +the Appomattox reports the enemy moving on the Cumberland road to +Appomattox Station, where they expect to get supplies. Custer is +still pushing on. If General Gibbon and the Fifth Corps can get up +to-night, we will perhaps finish the job in the morning. I do not +think Lee means to surrender until compelled to do so. +<br> +<br>"P. H. SHERIDAN, Major-General." +<br> +<br><br> + +<br>"HEADQUARTERS CAVALRY, April 8, 1865—9:40 p.m. +<br> +<br>"LIEUTENANT-GENERAL U. S. GRANT. +<br>"Commanding Armies U. S. +<br> +<br>"GENERAL: Since writing the accompanying despatch, General Custer +reports that his command has captured in all thirty-five pieces of +artillery, one thousand prisoners—including one general officer—and +from one hundred and fifty to two hundred wagons. +<br> +<br>"P. H. SHERIDAN, Major-General." +</blockquote> + +<p> +In attempting to conduct the lieutenant-general and staff back by a +short route, Newhall lost his bearings for a time, inclining in +toward the enemy's lines too far, but regained the proper direction +without serious loss of time. General Grant arrived about 1 o'clock +in the afternoon, Ord and I, dismounted, meeting him at the edge of +the town, or crossroads, for it was little more. He remaining +mounted, spoke first to me, saying simply,</p> + +<p>"How are you, Sheridan?" I assured him with thanks that I was +"first-rate," when, pointing toward the village, he asked, "Is +General Lee up there?" and I replied: "There is his army down in that +valley, and he himself is over in that house (designating McLean's +house) waiting to surrender to you." The General then said, "Come, +let us go over," this last remark being addressed to both Ord and me. +We two then mounted and joined him, while our staff-officers +followed, intermingling with those of the general-in-chief as the +cavalcade took its way to McLean's house near by, and where General +Lee had arrived some time before, in consequence of a message from +General Grant consenting to the interview asked for by Lee through +Meade's front that morning—the consent having been carried by +Colonel Babcock.</p> + +<p>When I entered McLean's house General Lee was standing, as was also +his military secretary, Colonel Marshall, his only staff-officer +present. General Lee was dressed in a new uniform and wore a +handsome sword. His tall, commanding form thus set off contrasted +strongly with the short figure of General Grant, clothed as he was in +a soiled suit, without sword or other insignia of his position except +a pair of dingy shoulder-straps. After being presented, Ord and I, +and nearly all of General Grant's staff, withdrew to await the +agreement as to terms, and in a little while Colonel Babcock came to +the door and said, "The surrender had been made; you can come in +again."</p> + +<p>When we re-entered General Grant was writing; and General Lee, having +in his hand two despatches, which I that morning requested might be +returned, as I had no copies of them, addressed me with the remark: +"I am sorry. It is probable that my cavalry at that point of the +line did not fully understand the agreement." These despatches had +been sent in the forenoon, after the fighting had been stopped, +notifying General Lee that some of his cavalry in front of Crook was +violating the suspension of hostilities by withdrawing. About +3 o'clock in the afternoon the terms of surrender were written out +and accepted, and General Lee left the house, as he departed +cordially shaking hands with General Grant. A moment later he +mounted his chunky gray horse, and lifting his hat as he passed out +of the yard, rode off toward his army, his arrival there being +announced to us by cheering, which, as it progressed, varying in +loudness, told he was riding through the bivouac of the Army of +Northern Virginia.</p> + +<p>The surrender of General Lee practically ended the war of the +rebellion. For four years his army had been the main-stay of the +Confederacy; and the marked ability with which he directed its +operations is evidenced both by his frequent successes and the length +of time he kept up the contest. Indeed, it may be said that till +General Grant was matched against him, he never met an opponent he +did not vanquish, for while it is true that defeat was inflicted on +the Confederates at Antietam and Gettysburg, yet the fruits of these +victories were not gathered, for after each of these battles Lee was +left unmolested till he had a chance to recuperate.</p> + +<p>The assignment of General Grant to the command of the Union armies in +the winter of 1863-64 gave presage of success from the start, for his +eminent abilities had already been proved, and besides, he was a +tower of strength to the Government, because he had the confidence of +the people. They knew that henceforth systematic direction would be +given to our armies in every section of the vast territory over which +active operations were being prosecuted, and further, that this +coherence, this harmony of plan, was the one thing needed to end the +war, for in the three preceding years there had been illustrated most +lamentable effects of the absence of system. From the moment he set +our armies in motion simultaneously, in the spring of 1864, it could +be seen that we should be victorious ultimately, for though on +different lines we were checked now and then, yet we were harassing +the Confederacy at so many vital points that plainly it must yield to +our blows. Against Lee's army, the forefront of the Confederacy, +Grant pitted himself; and it may be said that the Confederate +commander was now, for the first time, overmatched, for against all +his devices—the products of a mind fertile in defense—General Grant +brought to bear not only the wealth of expedient which had hitherto +distinguished him, but also an imperturbable tenacity, particularly +in the Wilderness and on the march to the James, without which the +almost insurmountable obstacles of that campaign could not have been +overcome. During it and in the siege of Petersburg he met with many +disappointments—on several occasions the shortcomings of generals, +when at the point of success, leading to wretched failures. But so +far as he was concerned, the only apparent effect of these +discomfitures was to make him all the more determined to discharge +successfully the stupendous trust committed to his care, and to bring +into play the manifold resources of his well ordered military mind. +He guided every subordinate then, and in the last days of the +rebellion, with a fund of common sense and superiority of intellect, +which have left an impress so distinct as to exhibit his great +personality. When his military history is analyzed after the lapse +of years, it will show, even more clearly than now, that during these +as well as in his previous campaigns he was the steadfast Centre +about and on which everything else turned.</p> + +<br><br><br><br> +<center><h2><a name="ch9b"></a>CHAPTER IX.</h2></center> +<br> + +<p>ORDERED TO GREENSBORO', N. C.—MARCH TO THE DAN RIVER—ASSIGNED TO +THE COMMAND WEST OF THE MISSISSIPPI—LEAVING WASHINGTON—FLIGHT OF +GENERAL EARLY—MAXIMILIAN—MAKING DEMONSTRATIONS ON THE UPPER RIO +GRANDE—CONFEDERATES JOIN MAXIMILIAN—THE FRENCH INVASION OF MEXICO +AND ITS RELATIONS TO THE REBELLION—ASSISTING THE +LIBERALS—RESTORATION OF THE REPUBLIC.</p> + +<br><br><br><br> +<center><a name="pb207"></a><img alt="pb207.jpg (121K)" src="images/pb207.jpg" height="389" width="650"> +</center> +<a href="images/pb207.jpg" target="_blank"><img alt="Full Size" src="images/enlarge.jpg"> +</a> +<br><br><br><br> + +<p>The surrender at Appomattox put a stop to all military operations on +the part of General Grant's forces, and the morning of April 10 my +cavalry began its march to Petersburg, the men anticipating that they +would soon be mustered out and returned to their homes. At Nottoway +Court House I heard of the assassination of the President. The first +news came to us the night after the dastardly deed, the telegraph +operator having taken it from the wires while in transmission to +General Meade. The despatch ran that Mr. Lincoln had been, shot at +10 o'clock that morning at Willard's Hotel, but as I could conceive +of nothing to take the President there I set the story down as a +canard, and went to bed without giving it further thought. Next +morning, however, an official telegram confirmed the fact of the +assassination, though eliminating the distorted circumstances that +had been communicated the night before.</p> + +<p>When we reached Petersburg my column was halted, and instructions +given me to march the cavalry and the Sixth Corps to Greensboro', +North Carolina, for the purpose of aiding General Sherman (the +surrender of General Johnston having not yet been effected), so I +made the necessary preparations and moved on the 24th of April, +arriving at South Boston, on the Dan River, the 28th, the Sixth Corps +having reached Danville meanwhile. At South Boston I received a +despatch from General Halleck, who immediately after Lee's surrender +had been assigned to command at Richmond, informing me that General +Johnston had been brought to terms. The necessity for going farther +south being thus obviated we retraced our steps to Petersburg, from +which place I proceeded by steamer to Washington, leaving, the +cavalry to be marched thither by easy stages.</p> + +<p>The day after my arrival in Washington an important order was sent +me, accompanied by the following letter of instructions, transferring +me to a new field of operations:</p> + +<blockquote> +<br>"HEADQUARTERS ARMIES OF THE UNITED STATES. +<br>"Washington, D. C., May 17, 1865. +<br> +<br>"GENERAL: Under the orders relieving you from the command of the +Middle Military Division and assigning you to command west of the +Mississippi, you will proceed without delay to the West to arrange +all preliminaries for your new field of duties. +<br> +<br>"Your duty is to restore Texas, and that part of Louisiana held by +the enemy, to the Union in the shortest practicable time, in a way +most effectual for securing permanent peace. +<br> +<br>"To do this, you will be given all the troops that can be spared +by Major-General Canby, probably twenty-five thousand men of +all arms; the troops with Major-General J. J. Reynolds, in Arkansas, +say twelve thousand, Reynolds to command; the Fourth +Army Corps, now at Nashville, Tennessee, awaiting orders; and +the Twenty-Fifth Army Corps, now at City Point, Virginia, ready +to embark. +<br> +<br>"I do not wish to trammel you with instructions; I will state, +however, that if Smith holds out, without even an ostensible +government to receive orders from or to report to, he and his men are +not entitled to the considerations due to an acknowledged +belligerent. Theirs are the conditions of outlaws, making war +against the only Government having an existence over the territory +where war is now being waged. +<br> +<br>"You may notify the rebel commander west of the Mississippi—holding +intercourse with him in person, or through such officers of the rank +of major-general as you may select—that he will be allowed to +surrender all his forces on the same terms as were accorded to Lee +and Johnston. If he accedes, proceed to garrison the Red River as +high up as Shreveport, the seaboard at Galveston, Malagorda Bay, +Corpus Christi, and mouth of the Rio Grande. +<br> +<br>"Place a strong force on the Rio Grande, holding it at least to a +point opposite Camargo, and above that if supplies can be procured. +<br> +<br>"In case of an active campaign (a hostile one) I think a heavy force +should be put on the Rio Grande as a first preliminary. Troops for +this might be started at once. The Twenty-Fifth Corps is now +available, and to it should be added a force of white troops, say +those now under Major-General Steele. +<br> +<br>"To be clear on this last point, I think the Rio Grande should be +strongly held, whether the forces in Texas surrender or not, and that +no time should be lost in getting troops there. If war is to be +made, they will be in the right place; if Kirby Smith surrenders, +they will be on the line which is to be strongly garrisoned. +<br> +<br>"Should any force be necessary other than those designated, they can +be had by calling for them on Army Headquarters. +<br> +<br>"U. S. GRANT, +<br>"Lieutenant-General. +<br><br> +<br>"To MAJOR-GENERAL P. H. SHERIDAN, +<br>"United States Army." +</blockquote> +<p> +On receipt of these instructions I called at once on General Grant, +to see if they were to be considered so pressing as to preclude my +remaining in Washington till after the Grand Review, which was fixed +for the 23d and 24th of May, for naturally I had a strong desire to +head my command on that great occasion. But the General told me that +it was absolutely necessary to go at once to force the surrender of +the Confederates under Kirby Smith. He also told me that the States +lately in rebellion would be embraced in two or three military +departments, the commanders of which would control civil affairs +until Congress took action about restoring them to the Union, since +that course would not only be economical and simple, but would give +the Southern people confidence, and encourage them to go to work, +instead of distracting them with politics.</p> + +<p>At this same interview he informed me that there was an additional +motive in sending me to the new command, a motive not explained by +the instructions themselves, and went on to say that, as a matter of +fact, he looked upon the invasion of Mexico by Maximilian as a part +of the rebellion itself, because of the encouragement that invasion +had received from the Confederacy, and that our success in putting +down secession would never be complete till the French and Austrian +invaders were compelled to quit the territory of our sister republic. +With regard to this matter, though, he said it would be necessary for +me to act with great circumspection, since the Secretary of State, +Mr. Seward, was much opposed to the use of our troops along the +border in any active way that would be likely to involve us in a war +with European powers.</p> + +<p>Under the circumstances, my disappointment at not being permitted to +participate in the review had to be submitted to, and I left +Washington without an opportunity of seeing again in a body the men +who, while under my command, had gone through so many trials and +unremittingly pursued and, assailed the enemy, from the beginning of +the campaign of 1864 till the white flag came into their hands at +Appomattox Court House.</p> + +<p>I went first to St. Louis, and there took the steamboat for New +Orleans, and when near the mouth of the Red River received word from +General Canby that Kirby Smith had surrendered under terms similar to +those accorded Lee and Johnston. But the surrender was not carried +out in good faith, particularly by the Texas troops, though this I +did not learn till some little time afterward when I was informed +that they had marched off to the interior of the State in several +organized bodies, carrying with them their camp equipage, arms, +ammunition, and even some artillery, with the ultimate purpose of +going to Mexico. In consequence of this, and also because of the +desire of the Government to make a strong showing of force in Texas, +I decided to traverse the State with two columns of cavalry, +directing one to San Antonio under Merritt, the other to Houston +under Custer. Both commands were to start from the Red +River—Shreveport and Alexandria—being the respective initial points—and +in organizing the columns, to the mounted force already on the Red +River were added several regiments of cavalry from the east bank of +the, Mississippi, and in a singular way one of these fell upon the +trail of my old antagonist, General Early. While crossing the river +somewhere below Vicksburg some of the men noticed a suspicious +looking party being ferried over in a rowboat, behind which two +horses were swimming in tow. Chase was given, and the horses, being +abandoned by the party, fell into the hands of our troopers, who, +however, failed to capture or identify the people in the boat. As +subsequently ascertained, the men were companions of Early, who was +already across the Mississippi, hidden in the woods, on his way with +two or three of these followers to join the Confederates in Texas, +not having heard of Kirby Smith's surrender. A week or two later I +received a letter from Early describing the affair, and the capture +of the horses, for which he claimed pay, on the ground that they were +private property, because he had taken them in battle. The letter +also said that any further pursuit of Early would be useless, as he +"expected to be on the deep blue sea" by the time his communication +reached me. The unfortunate man was fleeing from imaginary dangers, +however, for striking his trail was purely accidental, and no effort +whatever was being made to arrest him personally. Had this been +especially desired it might have been accomplished very readily just +after Lee's surrender, for it was an open secret that Early was then +not far away, pretty badly disabled with rheumatism.</p> + +<p>By the time the two columns were ready to set out for San Antonio and +Houston, General Frank Herron,—with one division of the Thirteenth +Corps, occupied Galveston, and another division under General Fred +Steele had gone to Brazos Santiago, to hold Brownsville and the line +of the Rio Grande, the object being to prevent, as far as possible, +the escaping Confederates from joining Maximilian. With this purpose +in view, and not forgetting Grant's conviction that the French +invasion of Mexico was linked with the rebellion, I asked for an +increase of force to send troops into Texas in fact, to concentrate +at available points in the State an army strong enough to move +against the invaders of Mexico if occasion demanded. The Fourth and +Twenty-fifth army corps being ordered to report to me, accordingly, I +sent the Fourth Corps to Victoria and San Antonio, and the bulk of +the Twenty-fifth to Brownsville. Then came the feeding and caring +for all these troops—a difficult matter—for those at Victoria and +San Antonio had to be provisioned overland from Indianola across the +"hog-wallow prairie," while the supplies for the forces at +Brownsville and along the Rio Grande must come by way of Brazos +Santiago, from which point I was obliged to construct, with the labor +of the men, a railroad to Clarksville, a distance of about eighteen +miles.</p> + +<p>The latter part of June I repaired to Brownsville myself to impress +the Imperialists, as much as possible, with the idea that we intended +hostilities, and took along my chief of scouts—Major Young—and four +of his most trusty men, whom I had had sent from Washington. From +Brownsville I despatched all these men to important points in +northern Mexico, to glean information regarding the movements of the +Imperial forces, and also to gather intelligence about the +ex-Confederates who had crossed the Rio Grande. On information +furnished by these scouts, I caused General Steele to make +demonstrations all along the lower Rio Grande, and at the same time +demanded the return of certain munitions of war that had been turned +over by ex-Confederates to the Imperial General (Mejia) commanding at +Matamoras. These demands, backed up as they were by such a +formidable show of force created much agitation and demoralization +among the Imperial troops, and measures looking to the abandonment of +northern Mexico were forthwith adopted by those in authority—a +policy that would have resulted in the speedy evacuation of the +entire country by Maximilian, had not our Government weakened; +contenting itself with a few pieces of the contraband artillery +varnished over with the Imperial apologies. A golden opportunity was +lost, for we had ample excuse for crossing the boundary, but Mr. +Seward being, as I have already stated, unalterably opposed to any +act likely to involve us in war, insisted on his course of +negotiation with Napoleon.</p> + +<p>As the summer wore away, Maximilian, under Mr. Seward's policy, +gained in strength till finally all the accessible sections of Mexico +were in his possession, and the Republic under President Juarez +almost succumbed. Growing impatient at this, in the latter part of +September I decided to try again what virtue there might be in a +hostile demonstration, and selected the upper Rio Grande for the +scene of my attempt. Merritt's cavalry and the Fourth Corps still +being at San Antonio, I went to that place and reviewed these troops, +and having prepared them with some ostentation for a campaign, of +course it was bruited about that we were going to invade Mexico. +Then, escorted by a regiment of horse I proceeded hastily to Fort +Duncan, on the Rio Grande just opposite the Mexican town of Piedras +Negras. Here I opened communication with President Juarez, through +one of his staff, taking care not to do this in the dark, and the +news, spreading like wildfire, the greatest significance was ascribed +to my action, it being reported most positively and with many +specific details that I was only awaiting the arrival of the troops, +then under marching orders at San Antonio, to cross the Rio Grande in +behalf of the Liberal cause.</p> + +<p>Ample corroboration of the reports then circulated was found in my +inquiries regarding the quantity of forage we could depend upon +getting in Mexico, our arrangements for its purchase, and my sending +a pontoon train to Brownsville, together with which was cited the +renewed activity of the troops along the lower Rio Grande. These +reports and demonstrations resulted in alarming the Imperialists so +much that they withdrew the French and Austrian soldiers from +Matamoras, and practically abandoned the whole of northern Mexico as +far down as Monterey, with the exception of Matamoras, where General +Mejia continued to hang on with a garrison of renegade Mexicans.</p> + +<p>The abandonment of so much territory in northern Mexico encouraged +General Escobedo and other Liberal leaders to such a degree that they +collected a considerable army of their followers at Comargo, Mier, +and other points. At the same time that unknown quantity, Cortinas, +suspended his free-booting for the nonce, and stoutly harassing +Matamoras, succeeded in keeping its Imperial garrison within the +fortifications. Thus countenanced and stimulated, and largely +supplied with arms and ammunition, which we left at convenient places +on our side of the river to fall into their hands, the Liberals, +under General Escobedo—a man of much force of character—were +enabled in northern Mexico to place the affairs of the Republic on a +substantial basis.</p> + +<p>But in the midst of what bade fair to cause a final withdrawal of the +foreigners, we were again checked by our Government, as a result of +representations of the French Minister at Washington. In October, he +wrote to Mr. Seward that the United States troops on the Rio Grande +were acting "in exact opposition to the repeated assurances Your +Excellency has given me concerning the desire of the Cabinet at +Washington to preserve the most strict neutrality in the events now +taking place in Mexico," and followed this statement with an emphatic +protest against our course. Without any investigation whatever by +our State Department, this letter of the French Minister was +transmitted to me, accompanied by directions to preserve a strict +neutrality; so, of course, we were again debarred from anything like +active sympathy.</p> + +<p>After this, it required the patience of Job to abide the slow and +poky methods of our State Department, and, in truth, it was often +very difficult to restrain officers and men from crossing the Rio +Grande with hostile purpose. Within the knowledge of my troops, +there had gone on formerly the transfer of organized bodies of +ex-Confederates to Mexico, in aid of the Imperialists, and at this +period it was known that there was in preparation an immigration +scheme having in view the colonizing, at Cordova and one or two other +places, of all the discontented elements of the defunct +Confederacy—Generals Price, Magruder, Maury, and other high personages being +promoters of the enterprise, which Maximilian took to readily. He +saw in it the possibilities of a staunch support to his throne, and +therefore not only sanctioned the project, but encouraged it with +large grants of land, inspirited the promoters with titles of +nobility, and, in addition, instituted a system of peonage, expecting +that the silver hook thus baited would be largely swallowed by the +Southern people.</p> + +<p>The announcement of the scheme was followed by the appointment of +commissioners in each of the Southern States to send out emigrants; +but before any were deluded into starting, I made to General Grant a +report of what was going on, with the recommendation that measures be +taken, through our State Department, looking to the suppression of +the colony; but, as usual, nothing could be effected through that +channel; so, as an alternative, I published, in April, 1866, by +authority of General Grant, an order prohibiting the embarkation from +ports in Louisiana and Texas, for ports in Mexico, of any person +without a permit from my headquarters. This dampened the ardor of +everybody in the Gulf States who had planned to go to Mexico; and +although the projectors of the Cordova Colonization Scheme—the name +by which it was known—secured a few innocents from other districts, +yet this set-back led ultimately to failure.</p> + +<p>Among the Liberal leaders along the Rio Grande during this period +there sprang up many factional differences from various causes, some +personal, others political, and some, I regret to say, from downright +moral obliquity—as, for example, those between Cortinas and +Canales—who, though generally hostile to the Imperialists, were freebooters +enough to take a shy at each other frequently, and now and then even +to join forces against Escobedo, unless we prevented them by coaxing +or threats. A general who could unite these several factions was +therefore greatly needed, and on my return to New Orleans I so +telegraphed General Grant, and he, thinking General Caravajal (then +in Washington seeking aid for the Republic) would answer the purpose, +persuaded him to report to me in New Orleans. Caravajal promptly +appeared, but he did not impress me very favorably. He was old and +cranky, yet, as he seemed anxious to do his best, I sent him over to +Brownsville, with credentials, authorizing him to cross into Mexico, +and followed him myself by the next boat. When I arrived in +Brownsville, matters in Matamoras had already reached a crisis. +General Mejia, feeling keenly the moral support we were giving the +Liberals, and hard pressed by the harassing attacks of Cortinas and +Canales, had abandoned the place, and Caravajal, because of his +credentials from our side, was in command, much to the +dissatisfaction of both those chiefs whose differences it was +intended he should reconcile.</p> + +<p>The, day after I got to Brownsville I visited Matamoras, and had a +long interview with Caravajal. The outcome of this meeting was, on +my part, a stronger conviction than ever that he was unsuitable, and +I feared that either Canales or Cortinas would get possession of the +city. Caravajal made too many professions of what he would do—in +short, bragged too much—but as there was no help for the situation, +I made the best of it by trying to smooth down the ruffled feathers +of Canales and Cortinas. In my interview with Caravajal I +recommended Major Young as a confidential man, whom he could rely +upon as a "go-between" for communicating with our people at +Brownsville, and whom he could trust to keep him informed of the +affairs of his own country as well.</p> + +<p>A day or two afterward I recrossed the Gulf to New Orleans, and then, +being called from my headquarters to the interior of Texas, a +fortnight passed before I heard anything from Brownsville. In the +meanwhile Major Young had come to New Orleans, and organized there a +band of men to act as a body-guard for Caravajal, the old wretch +having induced him to accept the proposition by representing that it +had my concurrence. I at once condemned the whole business, but +Young, having been furnished with seven thousand dollars to recruit +the men and buy their arms, had already secured both, and was so +deeply involved in the transaction, he said, that he could not +withdraw without dishonor, and with tears in his eyes he besought me +to help him. He told me he had entered upon the adventure in the +firm belief that I would countenance it; that the men and their +equipment were on his hands; that he must make good his word at all +hazards; and that while I need not approve, yet I must go far enough +to consent to the departure of the men, and to loan him the money +necessary to provision his party and hire a schooner to carry them to +Brazos. It was hard in deed to resist the appeals of this man, who +had served me so long and so well, and the result of his pleading was +that I gave him permission to sail, and also loaned him the sum asked +for; but I have never ceased to regret my consent, for misfortune +fell upon the enterprise almost from its inception.</p> + +<p>By the time the party got across the Gulf and over to Brownsville, +Caravajal had been deposed by Canales, and the latter would not +accept their services. This left Young with about fifty men to whom +he was accountable, and as he had no money to procure them +subsistence, they were in a bad fix. The only thing left to do was +to tender their services to General Escobedo, and with this in view +the party set out to reach the General's camp, marching up the Rio +Grande on the American side, intending to cross near Ringgold Bar +racks. In advance of them, however, had spread far and wide the +tidings of who they were, what they proposed to do, and where they +were going, and before they could cross into Mexico they were +attacked by a party of ex-Confederates and renegade Mexican +rancheros. Being on American soil, Young forbade his men to return +the fire, and bent all his efforts to getting them over the river; +but in this attempt they were broken up, and became completely +demoralized. A number of the men were drowned while swimming the +river, Young himself was shot and killed, a few were captured, and +those who escaped—about twenty in all—finally joined Escobedo, but +in such a plight as to be of little use. With this distressing +affair came to an end pretty much all open participation of American +sympathizers with the Liberal cause, but the moral support afforded +by the presence of our forces continued, and this was frequently +supplemented with material aid in the shape of munitions of war, +which we liberally supplied, though constrained to do so by the most +secret methods.</p> + +<p>The term of office of Juarez as President of the Mexican Republic +expired in December, 1865, but to meet existing exigencies he had +continued himself in office by proclamation, a course rendered +necessary by the fact that no elections could be held on account of +the Imperial occupation of most of the country. The official who, by +the Mexican Constitution, is designated for the succession in such an +emergency, is the President of the Supreme Court, and the person then +eligible under this provision was General Ortega, but in the interest +of the Imperialists he had absented himself from Mexico, hence the +patriotic course of Juarez in continuing himself at the head of +affairs was a necessity of the situation. This action of the +President gave the Imperialists little concern at first, but with the +revival of the Liberal cause they availed themselves of every means +to divide its supporters, and Ortega, who had been lying low in the +United States, now came forward to claim the Presidency. Though +ridiculously late for such a step, his first act was to issue a +manifesto protesting against the assumption of the executive +authority by Juarez. The protest had little effect, however, and his +next proceeding was to come to New Orleans, get into correspondence +with other disaffected Mexicans, and thus perfect his plans. When he +thought his intrigue ripe enough for action, he sailed for Brazos, +intending to cross the Rio Grande and assert his claims with arms. +While he was scheming in New Orleans, however, I had learned what he +was up to, and in advance of his departure had sent instructions to +have him arrested on American soil. Colonel Sedgwick, commanding at +Brownsville, was now temporary master of Matamoras also, by reason of +having stationed some American troops there for the protection of +neutral merchants, so when Ortega appeared at Brazos, Sedgwick +quietly arrested him and held him till the city of Matamoras was +turned over to General Escobedo, the authorized representative of +Juarez; then Escobedo took charge, of Ortega, and with ease prevented +his further machinations.</p> + +<p>During the winter and spring of 1866 we continued covertly supplying +arms and ammunition to the Liberals—sending as many as 30,000 +muskets from Baton Rouge Arsenal alone—and by mid-summer Juarez, +having organized a pretty good sized army, was in possession of the +whole line of the Rio Grande, and, in fact, of nearly the whole of +Mexico down to San Louis Potosi. Then thick and fast came rumors +pointing to the tottering condition of Maximilian's Empire-first, +that Orizaba and Vera Cruz were being fortified; then, that the +French were to be withdrawn; and later came the intelligence that the +Empress Carlotta had gone home to beg assistance from Napoleon, the +author of all of her husband's troubles. But the situation forced +Napoleon to turn a deaf ear to Carlotta's prayers. The brokenhearted +woman besought him on her knees, but his fear of losing an army made +all pleadings vain. In fact, as I ascertained by the following +cablegram which came into my hands, Napoleon's instructions for the +French evacuation were in Mexico at the very time of this pathetic +scene between him and Carlotta. The despatch was in cipher when I +received it, but was translated by the telegraph operator at my +headquarters, who long before had mastered the key of the French +cipher:</p> + +<blockquote> +<br>"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La. +<br> +<br>"To GENERAL CASTELNAU, at Mexico. +<br> +<br>"Received your despatch of the 9th December. Do not compel the +Emperor to abdicate, but do not delay the departure of the troops; +bring back all those who will not remain there. Most of the fleet +has left. +<br> +<br>"NAPOLEON." +</blockquote> +<p> +This meant the immediate withdrawal of the French. The rest of the +story—which has necessarily been but in outline—is soon told. +Maximilian, though deserted, determined to hold out to the last, and +with the aid of disloyal Mexicans stuck to his cause till the spring. +When taken prisoner at Queretaro, he was tried and executed under +circumstances that are well known. From promptings of humanity +Secretary Seward tried hard to save the Imperial prisoner, but +without success. The Secretary's plea for mercy was sent through me +at New Orleans, and to make speed I hired a steamer to proceed with +it across the Gulf to Tampico. The document was carried by Sergeant +White, one of my scouts, who crossed the country from Tampico, and +delivered it to Escobedo at Queretaro; but Mr. Seward's +representations were without avail—refused probably because little +mercy had been shown certain Liberal leaders unfortunate enough to +fall into Maximilian's hands during the prosperous days of his +Empire.</p> + +<p>At the close of our war there was little hope for the Republic of +Mexico. Indeed, till our troops were concentrated on the Rio Grande +there was none. Our appearance in such force along the border +permitted the Liberal leaders, refugees from their homes, to +establish rendezvous whence they could promulgate their plans in +safety, while the countenance thus given the cause, when hope was +well-nigh gone, incited the Mexican people to renewed resistance. +Beginning again with very scant means, for they had lost about all, +the Liberals saw their cause, under the influence of such significant +and powerful backing, progress and steadily grow so strong that +within two years Imperialism had received its death-blow. I doubt +very much whether such, results could have been achieved without the +presence of an American army on the Rio Grande, which, be it +remembered, was sent there because, in General Grant's words, the +French invasion of Mexico was so closely related to the rebellion as +to be essentially a part of it.</p> + +<br><br><br><br> +<center><a name="belle-grove"></a><img alt="pb225.jpg (120K)" src="images/pb225.jpg" height="432" width="650"> +<br>Belle-Grove House +</center> +<a href="images/pb225.jpg" target="_blank"><img alt="Full Size" src="images/enlarge.jpg"> +</a> + + +<br><br><br><br> +<center><h2><a name="ch10b"></a>CHAPTER X.</h2></center> +<br> + +<p>A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS—ASSEMBLES A +CONSTITUTIONAL CONVENTION—THE TEXANS +DISSATISFIED—LAWLESSNESS—OPPRESSIVE LEGISLATION—EX-CONFEDERATES CONTROLLING +LOUISIANA—A CONSTITUTIONAL CONVENTION—THE MEETING SUPPRESSED—A BLOODY RIOT—MY +REPORTS OF THE MASSACRE—PORTIONS SUPPRESSED BY PRESIDENT +JOHNSON—SUSTAINED BY A CONGRESSIONAL COMMITTEE—THE RECONSTRUCTION LAWS.</p> + +<p>Although in 1865-66 much of my attention was directed to +international matters along the Rio Grande, the civil affairs of +Texas and Louisiana required a certain amount of military supervision +also in the absence of regularly established civil authority. At the +time of Kirby Smith's surrender the National Government had +formulated no plan with regard to these or the other States lately in +rebellion, though a provisional Government had been set up in +Louisiana as early as 1864. In consequence of this lack of system, +Governor Pendleton Murray, of Texas, who was elected under +Confederate rule, continued to discharge the duties of Governor till +President Johnson, on June 17, in harmony with his amnesty +proclamation of May 29, 1865, appointed A. J. Hamilton provisional +Governor. Hamilton was empowered by the President to call a +Constitutional convention, the delegates to which were to be elected, +under certain prescribed qualifications, for the purpose of +organizing the political affairs of the State, the Governor to be +guided by instructions similar to those given the provisional +Governor of North Carolina (W. W. Holden), when appointed in May.</p> + +<p>The convening of this body gave rise to much dissatisfaction among +the people of Texas. They had assumed that affairs were to go on as +of old, and that the reintegration of the State was to take place +under the administration of Governor Murray, who, meanwhile, had +taken it upon himself, together with the Legislature, to authorize +the election of delegates to a State Convention, without restriction +as to who should be entitled to vote. Thus encouraged, the element +but lately in armed rebellion was now fully bent on restoring the +State to the Union without any intervention whatever of the Federal +Government; but the advent of Hamilton put an end to such illusions, +since his proclamation promptly disfranchised the element in +question, whose consequent disappointment and chagrin were so great +as to render this factor of the community almost uncontrollable. The +provisional Governor at once rescinded the edict of Governor Murray, +prohibited the assembling of his convention, and shortly after +called, one himself, the delegates to which were to b chosen by +voters who could take the amnesty-oath. The proclamation convening +this assemblage also announced the policy that would be pursued in +governing the State until its affairs were satisfactorily +reorganized, defined in brief the course to be followed by the +Judiciary, and provided for the appointment, by the Governor, of +county officials to succeed those known to be disloyal. As this +action of Hamilton's disfranchised all who could not take the amnesty +oath, and of course deprived them of the offices, it met at once with +pronounced and serious opposition, and he quickly realized that he +had on his hands an arduous task to protect the colored people, +particularly as in the transition state of society just after the +close of the war there prevailed much lawlessness, which vented +itself chiefly on the freedmen. It was greatly feared that political +rights were to be given those so recently in servitude, and as it was +generally believed that such enfranchisement would precipitate a race +war unless the freedmen were overawed and kept in a state of +subjection, acts of intimidation were soon reported from all parts of +the State.</p> + +<p>Hamilton, an able, determined, and fearless man, tried hard to curb +this terrorism, but public opinion being strong against him, he could +accomplish little without military aid. As department commander, I +was required, whenever called upon, to assist his government, and as +these requisitions for help became necessarily very frequent, the +result was that shortly after he assumed his duties, detachments of +troops were stationed in nearly every county of the State. By such +disposition of my forces fairly good order was maintained under the +administration of Hamilton, and all went well till the inauguration +of J. W. Throckmorton, who, elected Governor in pursuance of an +authorization granted by the convention which Hamilton had called +together, assumed the duties of the office August 9, 1866.</p> + +<p>One of Governor Throckmorton's first acts was to ask the withdrawal +or non-interference of the military. This was not all granted, but +under his ingenious persuasion President Johnson, on the 13th of +August, 1866, directed that the new State officials be entrusted with +the unhampered control of civil affairs, and this was more than +enough to revive the bulldozing methods that had characterized the +beginning of Hamilton's administration. Oppressive legislation in +the shape of certain apprentice and vagrant laws quickly followed, +developing a policy of gross injustice toward the colored people on +the part of the courts, and a reign of lawlessness and disorder +ensued which, throughout the remote districts of the State at least, +continued till Congress, by what are known as the Reconstruction +Acts, took into its own hands the rehabilitation of the seceded +States.</p> + +<p>In the State of Louisiana a provisional government, chosen by the +loyal element, had been put in operation, as already mentioned, as +early as 1864. This was effected under encouragement given by +President Lincoln, through the medium of a Constitutional convention, +which met at New Orleans in April, 1864, and adjourned in July. The +constitution then agreed upon was submitted to the people, and in +September, 1864, was ratified by a vote of the few loyal residents of +the State.</p> + +<p>The government provided under this constitution being looked upon as +provisional merely, was never recognized by Congress, and in 1865 the +returned Confederates, restored to citizenship by the President's +amnesty proclamation, soon got control of almost all the State. The +Legislature was in their hands, as well as most of the State and +municipal offices; so, when the President, on the 20th of August, +1866, by proclamation, extended his previous instructions regarding +civil affairs in Texas so as to have them apply to all the seceded +States, there at once began in Louisiana a system of discriminative +legislation directed against the freedmen, that led to flagrant +wrongs in the enforcement of labor contracts, and in the remote +parishes to numbers of outrages and murders.</p> + +<p>To remedy this deplorable condition of things, it was proposed, by +those who had established the government of 1864, to remodel the +constitution of the State; and they sought to do this by reassembling +the convention, that body before its adjournment having provided for +reconvening under certain conditions, in obedience to the call of its +president. Therefore, early in the summer of 1866, many members of +this convention met in conference at New Orleans, and decided that a +necessity existed for reconvening the delegates, and a proclamation +was issued accordingly by B. K. Howell, President-pro-tempore.</p> + +<p>Mayor John T. Monroe and the other officials of New Orleans looked +upon this proposed action as revolutionary, and by the time the +convention assembled (July 30), such bitterness of feeling prevailed +that efforts were made by the mayor and city police to suppress the +meeting. A bloody riot followed, resulting, in the killing and +wounding of about a hundred and sixty persons.</p> + +<p>I happened to be absent from the city at the time, returning from +Texas, where I had been called by affairs on the Rio Grande. On my +way up from the mouth of the Mississippi I was met on the night of +July 30 by one of my staff, who reported what had occurred, giving +the details of the massacre—no milder term is fitting—and informing +me that, to prevent further slaughter, General Baird, the senior +military officer present, had assumed control of the municipal +government. On reaching the city I made an investigation, and that +night sent the following report of the affair:</p> + + +<br>"HEADQUARTERS MILITARY DIVISION OF THE GULF, +<br>"NEW ORLEANS, LA., Aug. 1, 1866. +<br> +<br>"GENERAL U. S. GRANT: +<br> +<br>"You are doubtless aware of the serious riot which occurred in this +city on the 30th. A political body, styling themselves the +Convention of 1864, met on the 30th, for, as it is alleged, the +purpose of remodeling the present constitution of the State. The +leaders were political agitators and revolutionary men, and the +action of the convention was liable to produce breaches of the public +peace. I had made up my mind to arrest the head men, if the +proceedings of the convention were calculated to disturb the +tranquility of the Department; but I had no cause for action until +they committed the overt act. In the meantime official duty called +me to Texas, and the mayor of the city, during my absence suppressed +the convention by the use of the police force, and in so doing +attacked the members of the convention, and a party of two hundred +negroes, with fire-arms, clubs, and knives, in a manner so +unnecessary and atrocious as to compel me to say that it was murder. +About forty whites and blacks were thus killed, and about one hundred +and sixty wounded. Everything is now quiet, but I deem it best to +maintain a military supremacy in the city for a few days, until the +affair is fully investigated. I believe the sentiment of the general +community is great regret at this unnecessary cruelty, and that the +police could have made any arrest they saw fit without sacrificing +lives. +<br> +<br>"P. H. SHERIDAN, +<br>"Major-General Commanding." + + + +<p> +On receiving the telegram, General Grant immediately submitted it +to the President. Much clamor being made at the North for the +publication of the despatch, Mr. Johnson pretended to give it to the +newspapers. It appeared in the issues of August 4, but with this +paragraph omitted, viz.:</p> + +<blockquote> +<br>"I had made up my mind to arrest the head men, if the proceedings of +the convention were calculated to disturb the tranquility of the +Department, but I had no cause for action until they committed the +overt act. In the mean time official duty called me to Texas, and +the mayor of the city, during my absence, suppressed the convention +by the use of the police force, and in so doing attacked the members +of the convention, and a party of two hundred negroes, with +fire-arms, clubs, and knives, in a manner so unnecessary and atrocious as +to compel me to say it was murder." +</blockquote> + + +<p>Against this garbling of my report—done by the President's own +order—I strongly demurred; and this emphatic protest marks the beginning of +Mr. Johnson's well-known personal hostility toward me. In the mean +time I received (on August 3) the following despatch from General +Grant approving my course:</p> + + +<blockquote> +<br>"HEADQUARTERS ARMIES OF THE UNITED STATES, +<br>"WAR DEPT., WASHINGTON, D. C., "August 3, 1866—5 p.m. +<br> +<br>"MAJOR-GENERAL P. H. SHERIDAN, +<br>"Commanding Mil. Div. of the Gulf, +<br>"New Orleans, La. +<br> +<br>"Continue to enforce martial law, so far as may be necessary to +preserve the peace; and do not allow any of the civil authorities to +act, if you deem such action dangerous to the public safety. Lose no +time in investigating and reporting the causes that led to the riot, +and the facts which occurred. +<br> +<br>"U. S. GRANT, +<br>"Lieutenant-General." +</blockquote> + +<p> +In obedience to the President's directions, My report of August 1 was +followed by another, more in detail, which I give in full, since it +tells the whole story of the riot:</p> + +<blockquote> +<br>"HEADQUARTERS MILITARY DIVISION OF THE GULF, +<br>"NEW ORLEANS, LA., August 6, 1866. +<br> +<br>"His EXCELLENCY ANDREW JOHNSON, +<br>"President United States +<br> +<br>"I have the honor to make the following reply to your despatch of +August 4. A very large number of colored people marched in +procession on Friday night, July twenty-seven (27), and were +addressed from the steps of the City Hall by Dr. Dostie, ex-Governor +Hahn, and others. The speech of Dostie was intemperate in language +and sentiment. The speeches of the others, so far as I can learn, +were characterized by moderation. I have not given you the words of +Dostie's speech, as the version published was denied; but from what I +have learned of the man, I believe they were intemperate. +<br> +<br>"The convention assembled at twelve (12)M. on the thirtieth (30), +the timid members absenting themselves because the tone of the +general public was ominous of trouble. I think there were about +twenty-six (26) members present. In front of the Mechanics +Institute, where the meeting was held, there were assembled some +colored men, women, and children, perhaps eighteen (18) or twenty +(20), and in the Institute a number of colored men, probably one +hundred and fifty (150). Among those outside and inside there might +have been a pistol in the possession of every tenth (10) man. +<br> +<br>"About one (1) p. m. a procession of say from sixty (60) to one +hundred and thirty (130) colored men marched up Burgundy Street and +across Canal Street toward the convention, carrying an American flag. +These men had about one pistol to every ten men, and canes and clubs +in addition. While crossing Canal Street a row occurred. There were +many spectators on the street, and their manner and tone toward the +procession unfriendly. A shot was fired, by whom I am not able to +state, but believe it to have been by a policeman, or some colored +man in the procession. This led to other shots and a rush after the +procession. On arrival at the front of the Institute there was some +throwing of brickbats by both sides. The police, who had been held +well in hand, were vigorously marched to the scene of disorder. The +procession entered the Institute with the flag, about six (6) or +eight (8) remaining outside. A row occurred between a policeman and +one of these colored men, and a shot was again fired by one of the +parties, which led to an indiscriminate fire on the building through +the windows by the policemen. This had been going on for a short +time, when a white flag was displayed from the windows of the +Institute, whereupon the firing ceased, and the police rushed into +the building. +<br> +<br>"From the testimony of wounded men, and others who were inside the +building, the policemen opened an indiscriminate fire upon the +audience until they had emptied their revolvers, when they retired, +and those inside barricaded the doors. The door was broken in, and +the firing again commenced, when many of the colored and white people +either escaped throughout the door or were passed out by the +policemen inside; but as they came out the policemen who formed the +circle nearest the building fired upon them, and they were again +fired upon by the citizens that formed the outer circle. Many of +those wounded and taken prisoners, and others who were prisoners and +not wounded, were fired upon by their captors and by citizens. The +wounded were stabbed while lying on the ground, and their heads +beaten with brickbats. In the yard of the building, whither some of +the colored men had escaped and partially secreted themselves, they +were fired upon and killed or wounded by policemen. Some were killed +and wounded several squares from the scene. Members of the +convention were wounded by the police while in their hands as +prisoners, some of them mortally. +<br> +<br>"The immediate cause of this terrible affair was the assemblage of +this Convention; the remote cause was the bitter and antagonistic +feeling which has been growing in this community since the advent of +the present Mayor, who, in the organization of his police force, +selected many desperate men, and some of them known murderers. +People of clear views were overawed by want of confidence in the +Mayor, and fear of the thugs, many of which he had selected for his +police force. I have frequently been spoken to by prominent citizens +on this subject, and have heard them express fear, and want of +confidence in Mayor Monroe. Ever since the intimation of this last +convention movement I must condemn the course of several of the city +papers for supporting, by their articles, the bitter feeling of bad +men. As to the merciless manner in which the convention was broken +up, I feel obliged to confess strong repugnance. +<br> +<br>"It is useless to disguise the hostility that exists on the part of a +great many here toward Northern men, and this unfortunate affair has +so precipitated matters that there is now a test of what shall be the +status of Northern men—whether they can live here without being in +constant dread or not, whether they can be protected in life and +property, and have justice in the courts. If this matter is +permitted to pass over without a thorough and determined prosecution +of those engaged in it, we may look out for frequent scenes of the +same kind, not only here, but in other places. No steps have as yet +been taken by the civil authorities to arrest citizens who were +engaged in this massacre, or policemen who perpetrated such +cruelties. The members of the convention have been indicted by the +grand jury, and many of them arrested and held to bail. As to +whether the civil authorities can mete out ample justice to the +guilty parties on both sides, I must say it is my opinion, +unequivocally, that they cannot. Judge Abell, whose course I have +closely watched for nearly a year, I now consider one of the most +dangerous men that we have here to the peace and quiet of the city. +The leading men of the convention—King, Cutler, Hahn, and +others—have been political agitators, and are bad men. I regret to say that +the course of Governor Wells has been vacillating, and that during +the late trouble he has shown very little of the man. +<br> +<br>"P. H. SHERIDAN, +<br>"Major-General Commanding." +</blockquote> + + +<p> +Subsequently a military commission investigated the subject of the +riot, taking a great deal of testimony. The commission substantially +confirmed the conclusions given in my despatches, and still later +there was an investigation by a select committee of the House of +Representatives, of which the Honorables Samuel Shellabarger, of +Ohio, H. L. Elliot, of Massachusetts, and B. M. Boyer, of +Pennsylvania, were the members. The majority report of the committee +also corroborated, in all essentials, my reports of the distressing +occurrence. The committee likewise called attention to a violent +speech made by Mr. Johnson at St. Louis in September, 1866, charging +the origin of the riot to Congress, and went on to say of the speech +that "it was an unwarranted and unjust expression of hostile feeling, +without pretext or foundation in fact." A list of the killed and +wounded was embraced in the committee's report, and among other +conclusions reached were the following: "That the meeting of July 30 +was a meeting of quiet citizens, who came together without arms and +with intent peaceably to discuss questions of public concern.... +There has been no occasion during our National history when a riot +has occurred so destitute of justifiable cause, resulting in a +massacre so inhuman and fiend-like, as that which took place at New +Orleans on the 30th of July last. This riotous attack upon the +convention, with its terrible results of massacre and murder, was not +an accident. It was the determined purpose of the mayor of the city +of New Orleans to break up this convention by armed force."</p> + +<p>The statement is also made, that, "He [the President] knew that +'rebels' and 'thugs' and disloyal men had controlled the election of +Mayor Monroe, and that such men composed chiefly his police force."</p> + +<p>The committee held that no legal government existed in Louisiana, and +recommended the temporary establishment of a provisional government +therein; the report concluding that "in the meantime the safety of +all Union men within the State demands that such government be formed +for their protection, for the well being of the nation and the +permanent peace of the Republic."</p> + +<p>The New Orleans riot agitated the whole country, and the official and +other reports served to intensify and concentrate the opposition to +President Johnson's policy of reconstruction, a policy resting +exclusively on and inspired solely by the executive authority—for it +was made plain, by his language and his acts, that he was seeking to +rehabilitate the seceded States under conditions differing not a whit +from those existing before the rebellion; that is to say, without the +slightest constitutional provision regarding the status of the +emancipated slaves, and with no assurances of protection for men who +had remained loyal in the war.</p> + +<p>In December, 1866, Congress took hold of the subject with such vigor +as to promise relief from all these perplexing disorders, and, after +much investigation and a great deal of debate, there resulted the +so-called "Reconstruction Laws," which, for a clear understanding of the +powers conferred on the military commanders, I deem best to append in +full:</p> + +<p>AN ACT to provide for the more efficient government of the rebel +States.</p> + +<p>WHEREAS, no legal State governments or adequate protection for life +or property now exist in the rebel States of Virginia, North +Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, +Florida, Texas, and Arkansas; and whereas, it is necessary that peace +and good order should be enforced in said States until loyal and +republican State governments can be legally established; therefore,</p> + +<p>BE IT ENACTED by the Senate and House of Representatives of the +United States of America in Congress assembled, That said rebel +States shall be divided into military districts and made subject to +the military authority of the United States as hereinafter +prescribed; and for that purpose Virginia shall constitute the first +district; North Carolina and South Carolina, the second district; +Georgia, Alabama, and Florida, the third district; Mississippi and +Arkansas, the fourth district; and Louisiana and Texas, the fifth +district.</p> + +<p>SEC. 2. And be it further enacted, That it shall be the duty of the +President to assign to the command of each of said districts an +officer of the army not below the rank of brigadier-general, and to +detail a sufficient military force to enable such officer to perform +his duties and enforce his authority within the district to which he +is assigned.</p> + +<p>SEC. 3. And be it further enacted, That it shall be the duty of each +officer assigned as aforesaid to protect all persons in their rights +of person and property, to suppress insurrection, disorder, and +violence, and to punish, or cause to be punished, all disturbers of +the public peace and criminals, and to this end he may allow local +civil tribunals to take jurisdiction of and to try offenders, or, +when in his judgment it may be necessary for the trial of offenders, +he shall have power to organize military commissions or tribunals for +that purpose, and all interference, under cover of State authority, +with the exercise of military authority under this act, shall be null +and void.</p> + +<p>SEC. 4. And be it further enacted, That all persons put under +military arrest by virtue of this act shall be tried without +unnecessary delay, and no cruel or unjust punishment shall be +inflicted; and no sentence of any military commission or tribunal +hereby authorized affecting the life or liberty of any person, shall +be executed until it is approved by the officer in command of the +district; and the laws and regulations for the government of the army +shall not be affected by this act except in so far as they conflict +with its provisions: Provided, That no sentence of death, under the +provisions of this act, shall be carried into effect without the +approval of the President.</p> + +<p>SEC. 5. And be it further enacted, That when the people of any one of +said rebel States shall have formed a constitution of government in +conformity with the Constitution of the United States in all +respects, framed by a convention of delegates elected by the male +citizens of said State twenty-one years old and upward, of whatever +race, color, or previous condition, who have been resident in said +State for one year previous to the day of such election, except such +as may be disfranchised for participation in the rebellion, or for +felony at common law; and when such constitution shall provide that +the elective franchise shall be enjoyed by all such persons as have +the qualifications herein stated for electors of delegates; and when +such constitution shall be ratified by a majority of the persons +voting on the question of ratification who are qualified as electors +for delegates, and when such constitution shall have been submitted +to Congress for examination and approval, and Congress shall have +approved the same; and when said State, by a vote of its legislature +elected under said constitution, shall have adopted the amendment to +the Constitution of the United States proposed by the Thirty-ninth +Congress, and known as article fourteen; and when said article shall +have become a part of the Constitution of the United States, said +State shall be declared entitled to representation in Congress, and +senators and representatives shall be admitted therefrom on their +taking the oath prescribed by law; and then and thereafter the +preceding sections of this act shall be inoperative in said State: +Provided, That no person excluded from the privilege of holding +office by said proposed amendment to the Constitution of the United +States shall be eligible to election as a member of the convention to +frame a constitution for any of said rebel States, nor shall any such +person vote for members of such convention.</p> + +<p>SEC. 6. And be it further enacted, That until the people of said +rebel States shall be by law admitted to representation in the +Congress of the United States, any civil government which may exist +therein shall be deemed provisional only, and in all respects subject +to the paramount authority of the United States at any time to +abolish, modify, control, or supersede the same; and in all elections +to any office under such provisional governments all persons shall be +entitled to vote, and none others, who are entitled to vote under the +fifth section of this act; and no person shall be eligible to any +office under any such provisional governments who would be +disqualified from holding office under the provisions of the third +article of said constitutional amendment.</p> + +<p>SCHUYLER COLFAX, +Speaker of the House of Representatives.</p> + +<p>LAFAYETTE S. FOSTER, +President of the Senate pro tempore.</p> + +<p> +AN ACT supplementary to an act entitled "An act to provide for the +more efficient government of the rebel States," passed March second, +eighteen hundred and sixty-seven, and to facilitate restoration.</p> + +<p>Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That before the first +day of September, eighteen hundred and sixty-seven, the commanding +general in each district defined by an act entitled "An act to +provide for the more efficient government of the rebel States," +passed March second, eighteen hundred and sixty-seven, shall cause a +registration to be made of the male citizens of the United States, +twenty-one years of age and upwards, resident in each county or +parish in the State or States included in his district, which +registration shall include only those persons who are qualified to +vote for delegates by the act aforesaid, and who shall have taken and +subscribed the following oath or affirmation: "I,———, do +solemnly swear (or affirm), in the presence of the Almighty God, that +I am a citizen of the State of ————-; that I have resided in said +State for——- months next preceding this day, and now reside in the +county of ———-, or the parish of ————, in said State, (as the +case may be); that I am twenty-one years old; that I have not been +disfranchised for participation in any rebellion or civil war against +the United States, nor for felony committed against the laws of any +State or of the United States; that I have never been a member of any +State Legislature, nor held any executive or judicial office in any +State, and afterwards engaged in insurrection or rebellion against +the United States, or given aid or comfort to the enemies thereof; +that I have never taken an oath as a member of Congress of the United +States, or as an officer of the United States, or as a member of any +State Legislature, or as an executive or judicial officer of any +State, to support the constitution of the United States, and +afterwards engaged in insurrection or rebellion against the United +States or given aid or comfort to the enemies thereof; that I will +faithfully support the Constitution and obey the laws of the United +States, and will, to the best of my ability, encourage others so to +do: so help me God."; which oath or affirmation may be administered +by any registering officer.</p> + +<p>SEC. 2. And be it further enacted, That after the completion of the +registration hereby provided for in any State, at such time and +places therein as the commanding general shall appoint and direct, of +which at least thirty days' public notice shall be given, an election +shall be held of delegates to a convention for the purpose of +establishing a constitution and civil government for such State loyal +to the Union, said convention in each State, except Virginia, to +consist of the same number of members as the most numerous branch of +the State Legislature of such State in the year eighteen hundred and +sixty, to be apportioned among the several districts, counties, or +parishes of such State by the commanding general, giving each +representation in the ratio of voters registered as aforesaid as +nearly as may be. The convention in Virginia shall consist of the +same number of members as represented the territory now constituting +Virginia in the most numerous branch of the Legislature of said State +in the year eighteen hundred and sixty, to be apportioned as +aforesaid.</p> + +<p>SEC. 3. And be it further enacted, That at said election the +registered voters of each State shall vote for or against a +convention to form a constitution therefor under this act. Those +voting in favor of such a convention shall have written or printed on +the ballots by which they vote for delegates, as aforesaid, the words +"For a convention," and those voting against such a convention shall +have written or printed on such ballot the words "Against a +convention." The persons appointed to superintend said election, and +to make return of the votes given thereat, as herein provided, shall +count and make return of the votes given for and against a +convention; and the commanding general to whom the same shall have +been returned shall ascertain and declare the total vote in each +State for and against a convention. If a majority of the votes given +on that question shall be for a convention, then such convention +shall be held as hereinafter provided; but if a majority of said +votes shall, be against a convention, then no such convention shall +be held under this act: Provided, That such convention shall not be +held unless a majority of all such registered voters shall have voted +on the question of holding such convention.</p> + +<p>SEC. 4. And be it further enacted, That the commanding general of +each district shall appoint as many boards of registration as may be +necessary, consisting of three loyal officers or persons, to make and +complete the registration, superintend the election, and make return +to him of the votes, list of voters, and of the persons elected as +delegates by a plurality of the votes cast at said election; and upon +receiving said returns he shall open the same, ascertain the persons +elected as delegates, according to the returns of the officers who +conducted said election, and make proclamation thereof; and if a +majority of the votes given on that question shall be for a +convention, the commanding general, within sixty days from the date +of election, shall notify the delegates to assemble in convention, at +a time and place to be mentioned in the notification, and said +convention, when organized, shall proceed to frame a constitution and +civil government according to the provisions of this act, and the act +to which it is supplementary; and when the same shall have been so +framed, said constitution shall be submitted by the convention for +ratification to the persons registered under the provisions of this +act at an election to be conducted by the officers or persons +appointed or to be appointed by the commanding general, as +hereinbefore provided, and to be held after the expiration of thirty +days from the date of notice thereof, to be given by said convention; +and the returns thereof shall be made to the commanding general of +the district.</p> + +<p>SEC. 5. And be it further enacted, That if, according to said +returns, the constitution shall be ratified by a majority of the +votes of the registered electors qualified as herein specified, cast +at said election, at least one-half of all the registered voters +voting upon the question of such ratification, the president of the +convention shall transmit a copy of the same, duly certified, to the +President of the United States, who shall forthwith transmit the same +to Congress, if then in session, and if not in session, then +immediately upon its next assembling; and if it shall moreover appear +to Congress that the election was one at which all the registered and +qualified electors in the State had an opportunity to vote freely, +and without restraint, fear, or the influence of fraud, and if the +Congress shall be satisfied that such constitution meets the approval +of a majority of all the qualified electors in the State, and if the +said constitution shall be declared by Congress to be in conformity +with the provisions of the act to which this is supplementary, and +the other provisions of said act shall have been complied with, and +the said constitution shall be approved by Congress, the State shall +be declared entitled to representation, and senators and +representatives shall be admitted therefrom as therein provided.</p> + +<p>SEC. 6. And be it further enacted, That all elections in the States +mentioned in the said "Act to provide for the more efficient +government of the rebel States" shall, during the operation of said +act, be by ballot; and all officers making the said registration of +voters and conducting said elections, shall, before entering upon the +discharge of their duties, take and subscribe the oath prescribed by +the act approved July second, eighteen hundred and sixty-two, +entitled "An act to prescribe an oath of office": Provided, That if +any person shall knowingly and falsely take and subscribe any oath in +this act prescribed, such person so offending and being thereof duly +convicted, shall be subject to the pains, penalties, and disabilities +which by law are provided for the punishment of the crime of wilful +and corrupt perjury.</p> + +<p>SEC. 7. And be if further enacted, That all expenses incurred by the +several commanding generals, or by virtue of any orders issued, or +appointments made, by them, under or by virtue of this act, shall be +paid out of any moneys in the treasury not otherwise appropriated.</p> + +<p>SEC. 8. And be it further enacted, That the convention for each State +shall prescribe the fees, salary, and compensation to be paid to all +delegates and other officers and agents herein authorized or +necessary to carry into effect the purposes of this act not herein +otherwise provided for, and shall provide for the levy and collection +of such taxes on the property in such State as may be necessary to +pay the same.</p> + +<p>SEC. 9. And be it further enacted, That the word "article," in the +sixth section of the act to which this is supplementary, shall be +construed to mean, "section."</p> + +<p>SCHUYLER COLFAX, +Speaker of the House of Representatives.</p> + +<p>B. F. WADE, +President of the Senate pro tempore.</p> + +<br><br><br><br> +<center><h2><a name="ch11b"></a>CHAPTER XI.</h2></center> +<br> + +<p>PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETO—PLACED +IN COMMAND OF THE FIFTH MILITARY DISTRICT—REMOVING OFFICERS—MY +REASONS FOR SUCH ACTION—AFFAIRS IN LOUISIANA AND TEXAS—REMOVAL OF +GOVERNOR WELLS—REVISION OF THE JURY LISTS—RELIEVED FROM THE COMMAND +OF THE FIFTH MILITARY DISTRICT.</p> + +<p>The first of the Reconstruction laws was passed March 2, 1867, and +though vetoed by the President, such was the unanimity of loyal +sentiment and the urgency demanding the measure, that the bill became +a law over the veto the day the President returned it to Congress. +March the 11th this law was published in General Orders No. 10, from +the Headquarters of the Army, the same order assigning certain +officers to take charge of the five military districts into which the +States lately in rebellion were subdivided, I being announced as the +commander of the Fifth Military District, which embraced Louisiana +and Texas, a territory that had formed the main portion of my command +since the close of the war.</p> + +<p>Between the date of the Act and that of my assignment, the Louisiana +Legislature, then in special session, had rejected a proposed repeal +of an Act it had previously passed providing for an election of +certain municipal officers in New Orleans. This election was set for +March 11, but the mayor and the chief of police, together with +General Mower, commanding the troops in the city, having expressed to +me personally their fears that the public peace would be disturbed by +the election, I, in this emergency, though not yet assigned to the +district, assuming the authority which the Act conferred on district +commanders, declared that the election should not take place; that no +polls should be opened on the day fixed; and that the whole matter +would stand postponed till the district commander should be +appointed, or special instructions be had. This, my first official +act under the Reconstruction laws, was rendered necessary by the +course of a body of obstructionists, who had already begun to give +unequivocal indications of their intention to ignore the laws of +Congress.</p> + +<p>A copy of the order embodying the Reconstruction law, together with +my assignment, having reached me a few days after, I regularly +assumed control of the Fifth Military District on March 19, by an +order wherein I declared the State and municipal governments of the +district to be provisional only, and, under the provisions of the +sixth section of the Act, subject to be controlled, modified, +superseded, or abolished. I also announced that no removals from +office would be made unless the incumbents failed to carry out the +provisions of the law or impeded reorganization, or unless willful +delays should necessitate a change, and added: "Pending the +reorganization, it is, desirable and intended to create as little +disturbance in the machinery of the various branches of the +provisional governments as possible, consistent with the law of +Congress and its successful execution, but this condition is +dependent upon the disposition shown by the people, and upon the +length of time required for reorganization."</p> + +<p>Under these limitations Louisiana and Texas retained their former +designations as military districts, the officers in command +exercising their military powers as heretofore. In addition, these +officers were to carry out in their respective commands all +provisions of the law except those specially requiring the action of +the district commander, and in cases of removals from and appointment +to office.</p> + +<p>In the course of legislation the first Reconstruction act, as I have +heretofore noted, had been vetoed. On the very day of the veto, +however, despite the President's adverse action, it passed each House +of Congress by such an overwhelming majority as not only to give it +the effect of law, but to prove clearly that the plan of +reconstruction presented was, beyond question, the policy endorsed by +the people of the country. It was, therefore, my determination to +see to the law's zealous execution in my district, though I felt +certain that the President would endeavor to embarrass me by every +means in his power, not only on account of his pronounced personal +hostility, but also because of his determination not to execute but +to obstruct the measures enacted by Congress.</p> + +<p>Having come to this conclusion, I laid down, as a rule for my +guidance, the principle of non-interference with the provisional +State governments, and though many appeals were made to have me +rescind rulings of the courts, or interpose to forestall some +presupposed action to be taken by them, my invariable reply was that +I would not take cognizance of such matters, except in cases of +absolute necessity. The same policy was announced also in reference +to municipal affairs throughout the district, so long as the action +of the local officers did not conflict with the law.</p> + +<p>In a very short time, however, I was obliged to interfere in +municipal matters in New Orleans, for it had become clearly apparent +that several of the officials were, both by acts of omission and +commission, ignoring the law, so on the 27th of March I removed from +office the Mayor, John T. Monroe; the Judge of the First District +Court, E. Abell; and the Attorney-General of the State, Andrew S. +Herron; at the same time appointing to the respective offices thus +vacated Edward Heath, W. W. Howe, and B. L. Lynch. The officials +thus removed had taken upon themselves from the start to pronounce +the Reconstruction acts unconstitutional, and to advise such a course +of obstruction that I found it necessary at an early dav to replace +them by men in sympathy with the law, in order to make plain my +determination to have its provisions enforced. The President at once +made inquiry, through General Grant, for the cause of the removal, +and I replied:</p> + +<blockquote> +<br>"HEADQUARTERS FIFTH MILITARY DISTRICT, +<br>"New Orleans, La., April 19, 1867. +<br> +<br>"GENERAL: On the 27th day of March last I removed from office Judge +E. Abell, of the Criminal Court of New Orleans; Andrew S. Herron, +Attorney-General of the State of Louisiana; and John T. Monroe, Mayor +of the City of New Orleans. These removals were made under the +powers granted me in what is usually termed the 'military bill,' +passed March 2, 1867, by the Congress of the United States. +<br> +<br>"I did not deem it necessary to give any reason for the removal of +these men, especially after the investigations made by the military +board on the massacre Of July 30, 1866, and the report of the +congressional committee on the same massacre; but as some inquiry has +been made for the cause of removal, I would respectfully state as +follows: +<br> +<br>"The court over which judge Abell presided is the only criminal court +in the city of New Orleans, and for a period of at least nine months +previous to the riot Of July 30 he had been educating a large portion +of the community to the perpetration of this outrage, by almost +promising no prosecution in his court against the offenders, in case +such an event occurred. The records of his court will show that he +fulfilled his promise, as not one of the guilty has been prosecuted. +<br> +<br>"In reference to Andrew J. Herron, Attorney-General of the State of +Louisiana, I considered it his duty to indict these men before this +criminal court. This he failed to do, but went so far as to attempt +to impose on the good sense of the whole nation by indicting the +victims of the riot instead of the rioters; in other words, making +the innocent guilty and the guilty innocent. He was therefore, in my +belief, an able coadjutor with judge Abell in bringing on the +massacre of July 30. +<br> +<br>"Mayor Monroe controlled the element engaged in this riot, and when +backed by an attorney-general who would not prosecute the guilty, and +a judge who advised the grand jury to find the innocent guilty and +let the murderers go free, felt secure in engaging his police force +in the riot and massacre. +<br> +<br>"With these three men exercising a large influence over the worst +elements of the population of this city, giving to those elements an +immunity for riot and bloodshed, the general-in-chief will see how +insecurely I felt in letting them occupy their respective positions +in the troubles which might occur in registration and voting in the +reorganization of this State. +<br> +<br>"I am, General, very respectfully, your obedient servant, +<br> +<br>"P. H. SHERIDAN, +<br>"Major-General U. S. A. +<br> +<br> +<br>"GENERAL U. S. GRANT, +<br>"Commanding Armies of the United States, +<br>"Washington, D. C." +</blockquote> + +<p> +To General Grant my reasons were satisfactory, but not so to the +President, who took no steps, however, to rescind my action, for he +knew that the removals were commended by well-nigh the entire +community in the city, for it will be understood that Mr. Johnson +was, through his friends and adherents in Louisiana and Texas, kept +constantly advised of every step taken by me. Many of these persons +were active and open opponents of mine, while others were spies, +doing their work so secretly and quickly that sometimes Mr. Johnson +knew of my official acts before I could report them to General Grant.</p> + +<p>The supplemental Reconstruction act which defined the method of +reconstruction became a law despite the President's veto on March 23. +This was a curative act, authorizing elections and prescribing +methods of registration. When it reached me officially I began +measures for carrying out its provisions, and on the 28th of March +issued an order to the effect that no elections for the State, +parish, or municipal officers would be held in Louisiana until the +provisions of the laws of Congress entitled "An act to provide for +the more efficient government of the rebel States," and of the act +supplemental thereto, should have been complied with. I also +announced that until elections were held in accordance with these +acts, the law of the Legislature of the State providing for the +holding over of those persons whose terms of office otherwise would +have expired, would govern in all cases excepting only those special +ones in which I myself might take action. There was one parish, +Livingston, which this order did no reach in time to prevent the +election previously ordered there, and which therefore took place, +but by a supplemental order this election was declare null and void.</p> + +<p>In April. I began the work of administering the Supplemental Law, +which, under certain condition of eligibility, required a +registration of the voter of the State, for the purpose of electing +delegate to a Constitutional convention. It therefore became +necessary to appoint Boards of Registration throughout the election +districts, and on April 10 the boards for the Parish of Orleans were +given out, those for the other parishes being appointed ten days +later. Before announcing these boards, I had asked to be advised +definitely as to what persons were disfranchised by the law, and was +directed by General Grant to act upon my own interpretation of it, +pending an opinion expected shortly from the Attorney-General—Mr. +Henry Stanbery—so, for the guidance of the boards, I gave the +following instructions:</p> + +<blockquote> +<br>"HEADQUARTERS FIFTH MILITARY DISTRICT. +<br>"New Orleans, La., April 10, 1867. +<br> +<br>"Special Orders, No. 15. +<br> +<br>"....In obedience to the directions contained in the first section of +the Law of Congress entitled "An Act supplemental to an Act entitled +'An Act to provide for the more efficient government of the rebel +States'" the registration of the legal voters, according to that law +in the Parish of Orleans, will be commenced on the 15th instant, and +must be completed by the 15th of May. +<br> +<br>"The four municipal districts of the City of New Orleans and the +Parish of Orleans, right bank (Algiers), will each constitute a +Registration district. Election precincts will remain as at present +constituted. +<br> +<br>"....Each member of the Board of Registers, before commencing his +duties, will file in the office of the Assistant-Inspector-General at +these headquarters, the oath required in the sixth section of the Act +referred to, and be governed in the execution of his duty by the +provisions of the first section of that Act, faithfully administering +the oath therein prescribed to each person registered. +<br> +<br>"Boards of Registers will immediately select suitable offices within +their respective districts, having reference to convenience and +facility of registration, and will enter upon their duties on the day +designated. Each Board will be entitled to two clerks. Office-hours +for registration will be from 8 o'clock till 12 A. M., and from 4 +till 7 P. M. +<br> +<br>"When elections are ordered, the Board of Registers for each district +will designate the number of polls and the places where they shall be +opened in the election precincts within its district, appoint the +commissioners and other officers necessary for properly conducting +the elections, and will superintend the same. +<br> +<br>"They will also receive from the commissioners of elections of the +different precincts the result of the vote, consolidate the same, and +forward it to the commanding general. +<br> +<br>"Registers and all officers connected with elections will be held to +a rigid accountability and will be subject to trial by military +commission for fraud, or unlawful or improper conduct in the +performance of their duties. Their rate of compensation and manner +of payment will be in accordance with the provisions of sections six +and seven of the supplemental act. +<br> +<br>"....Every male citizen of the United States, twenty-one years old +and upward, of whatever race, color, or previous condition, who has +been resident in the State of Louisiana for one year and Parish of +Orleans for three months previous to the date at which he presents +himself for registration, and who has not been disfranchised by act +of Congress or for felony at common law, shall, after having taken +and subscribed the oath prescribed in the first section of the act +herein referred to, be entitled to be, and shall be, registered as a +legal voter in the Parish of Orleans and State of Louisiana. +<br> +<br>"Pending the decision of the Attorney-General of the United States on +the question as to who are disfranchised by law, registers will give +the most rigid interpretation to the law, and exclude from +registration every person about whose right to vote there may be a +doubt. Any person so excluded who may, under the decision of the +Attorney-General, be entitled to vote, shall be permitted to register +after that decision is received, due notice of which will be given. +<br> +<br>"By command of Major-General P. H. SHERIDAN, +<br> +<br>"GEO. L. HARTSUFF, +<br>"Assistant Adjutant-General." +</blockquote> + +<p>The parish Boards of Registration were composed of three members +each. Ability to take what was known as the "ironclad oath" was the +qualification exacted of the members, and they were prohibited from +becoming candidates for office. In the execution of their duties +they were to be governed by the provisions of the supplemental act. +It was also made one of their functions to designate the number and +location of the polling-places in the several districts, to appoint +commissioners for receiving the votes and in general to attend to +such other matters as were necessary, in order properly to conduct +the voting, and afterward to receive from the commissioners the +result of the vote and forward it to my headquarters. These +registers, and all other officers having to do with elections, were +to be held to a rigid accountability, and be subject to trial by +military commission for fraud or unlawful or improper conduct in the +performance of their duties; and in order to be certain that the +Registration Boards performed their work faithfully and +intelligently, officers of the army were appointed as supervisors. +To this end the parishes were grouped together conveniently in +temporary districts, each officer having from three to five parishes +to supervise. The programme thus mapped out for carrying out the law +in Louisiana was likewise adhered to in Texas, and indeed was +followed as a model in some of the other military districts.</p> + +<p>Although Military Commissions were fully authorized by the +Reconstruction acts, yet I did not favor their use in governing the +district, and probably would never have convened one had these acts +been observed in good faith. I much preferred that the civil courts, +and the State and municipal authorities already in existence, should +perform their functions without military control or interference, but +occasionally, because the civil authorities neglected their duty, I +was obliged to resort to this means to ensure the punishment Of +offenders. At this time the condition of the negroes in Texas and +Louisiana was lamentable, though, in fact, not worse than that of the +few white loyalists who had been true to the Union during the war. +These last were singled out as special objects of attack, and were, +therefore, obliged at all times to be on the alert for the protection +of their lives and property. This was the natural outcome of Mr. +Johnson's defiance of Congress, coupled with the sudden conversion to +his cause of persons in the North—who but a short time before had +been his bitterest enemies; for all this had aroused among the +disaffected element new hopes of power and place, hopes of being at +once put in political control again, with a resumption of their +functions in State and National matters without any preliminary +authorization by Congress. In fact, it was not only hoped, but +expected, that things were presently to go on just as if there had +been no war.</p> + +<p>In the State of Texas there were in 1865 about 200,000 of the colored +race—roughly, a third of the entire population—while in Louisiana +there were not less than 350,000, or more than one-half of all the +people in the State. Until the enactment of the Reconstruction laws +these negroes were without rights, and though they had been liberated +by the war, Mr. Johnson's policy now proposed that they should have +no political status at all, and consequently be at the mercy of a +people who, recently their masters, now seemed to look upon them as +the authors of all the misfortunes that had come upon the land. +Under these circumstances the blacks naturally turned for protection +to those who had been the means of their liberation, and it would +have been little less than inhuman to deny them sympathy. Their +freedom had been given them, and it was the plain duty of those in +authority to make it secure, and screen them from the bitter +political resentment that beset them, and to see that they had a fair +chance in the battle of life. Therefore, when outrages and murders +grew frequent, and the aid of the military power was an absolute +necessity for the protection of life, I employed it +unhesitatingly—the guilty parties being brought to trial before military +commissions—and for a time, at least, there occurred a halt in the +march of terrorism inaugurated by the people whom Mr. Johnson had +deluded.</p> + +<p>The first, Military Commission was convened to try the case of John +W. Walker, charged with shooting a negro in the parish of St. John. +The proper civil authorities had made no effort to arrest Walker, and +even connived at his escape, so I had him taken into custody in New +Orleans, and ordered him tried, the commission finding him guilty, +and sentencing him to confinement in the penitentiary for six months. +This shooting was the third occurrence of the kind that had taken +place in St. John's parish, a negro being wounded in each case, and +it was plain that the intention was to institute there a practice of +intimidation which should be effective to subject the freedmen to the +will of their late masters, whether in making labor contracts, or in +case these newly enfranchised negroes should evince a disposition to +avail themselves of the privilege to vote.</p> + +<p>The trial and conviction of Walker, and of one or two others for +similiar outrages, soon put a stop to every kind of "bull-dozing" in +the country parishes; but about this time I discovered that many +members of the police force in New Orleans were covertly intimidating +the freedmen there, and preventing their appearance at the +registration offices, using milder methods than had obtained in the +country, it is true, but none the less effective.</p> + +<p>Early in 1866 the Legislature had passed an act which created for the +police of New Orleans a residence qualification, the object of which +was to discharge and exclude from the force ex-Union soldiers. This +of course would make room for the appointment of ex-Confederates, and +Mayor Monroe had not been slow in enforcing the provisions of the +law. It was, in fact, a result of this enactment that the police was +so reorganized as to become the willing and efficient tool which it +proved to be in the riot of 1866; and having still the same +personnel, it was now in shape to prevent registration by threats, +unwarranted arrests, and by various other influences, all operating +to keep the timid blacks away from the registration places.</p> + +<p>That the police were taking a hand in this practice of repression, I +first discovered by the conduct of the assistant to the chief of the +body, and at once removed the offender, but finding this ineffectual +I annulled that part of the State law fixing the five years' +residence restriction, and restored the two years' qualification, +thus enabling Mayor Heath, who by my appointment had succeeded +Monroe, to organize the force anew, and take about one-half of its +members from ex-Union soldiers who when discharged had settled in New +Orleans. This action put an end to intimidation in the parish of +Orleans; and now were put in operation in all sections the processes +provided by the supplemental Reconstruction law for the summoning of +a convention to form a Constitution preparatory to the readmission of +the State, and I was full of hope that there would now be much less +difficulty in administering the trust imposed by Congress.</p> + +<p>During the two years previous great damage had been done the +agricultural interests of Louisiana by the overflow of the +Mississippi, the levees being so badly broken as to require extensive +repairs, and the Legislature of 1866 had appropriated for the purpose +$4,000,000, to be raised by an issue of bonds. This money was to be +disbursed by a Board of Levee Commissioners then in existence, but +the term of service of these commissioners, and the law creating the +board, would expire in the spring of 1867. In order to overcome this +difficulty the Legislature passed a bill continuing the commissioners +in office but as the act was passed inside of ten days before the +adjournment of the Legislature, Governor Wells pocketed the bill, and +it failed to become a law. The Governor then appointed a board of +his own, without any warrant of law whatever. The old commissioners +refused to recognize this new board, and of course a conflict of +authority ensued, which, it was clear, would lead to vicious results +if allowed to continue; so, as the people of the State had no +confidence in either of the boards, I decided to end the contention +summarily by appointing an entirely new commission, which would +disburse the money honestly, and further the real purpose for which +it had been appropriated. When I took this course the legislative +board acquiesced, but Governor Wells immediately requested the +President to revoke my order, which, however, was not done, but +meanwhile the Secretary of War directed me to suspend all proceedings +in the matter, and make a report of the facts. I complied in the +following telegram:</p> + +<blockquote> +<br>"HEADQUARTERS FIFTH MILITARY DISTRICT, +<br>"NEW ORLEANS, La., June 3, 1867. +<br> +<br>"SIR: I have the honor to acknowledge the receipt of your telegram of +this date in reference to the Levee Commissioners in this State. +<br> +<br>"The following were my reasons for abolishing the two former boards, +although I intended that my order should be sufficiently explanatory: +<br> +<br>"Previous to the adjournment of the Legislature last winter it passed +an act continuing the old Levee board in office, so that the four +millions of dollars ($4,000,000) in bonds appropriated by the +Legislature might be disbursed by a board of rebellious antecedents. +<br> +<br>"After its adjournment the Governor of the State appointed a board of +his own, in violation of this act, and made the acknowledgment to me +in person that his object was to disburse the money in the interest +of his own party by securing for it the vote of the employees at the +time of election. +<br> +<br>"The board continued in office by the Legislature refused to turn +over to the Governor's board, and each side appealed to me to sustain +it, which I would not do. The question must then have gone to the +courts, which, according to the Governor's judgment when he was +appealing to me to be sustained, would require one year for decision. +Meantime the State was overflowed, the Levee boards tied up by +political chicanery, and nothing done to relieve the poor people, now +fed by the charity of the Government and charitable associations of +the North. +<br> +<br>"To obviate this trouble, and to secure to the overflowed districts +of the State the immediate relief which the honest disbursement of +the four millions ($4,000,000) would give, my order dissolving both +boards was issued.<br> +<br> +<br>"I say now, unequivocally, that Governor Wells is a political +trickster and a dishonest man. I have seen him myself, when I first +came to this command, turn out all the Union men who had supported +the Government, and put in their stead rebel soldiers who had not yet +doffed their gray uniform. I have seen him again, during the July +riot of 1866, skulk away where I could not find him to give him a +guard, instead of coming out as a manly representative of the State +and joining those who were preserving the peace. I have watched him +since, and his conduct has been as sinuous as the mark left in the +dust by the movement of a snake. +<br> +<br>"I say again that he is dishonest, and that dishonesty is more than +must be expected of me. +<br> +<br>"P. H. SHERIDAN, +<br>"Major-General, U. S. A. +<br><br> +<br>"Hon. E. M. STANTON, +<br>"Secretary of War, Washington, D. C." +</blockquote> + +<p> +The same day that I sent my report to the Secretary of War I removed +from office Governor Wells himself, being determined to bear no +longer with the many obstructions he had placed in the way of +reorganizing the civil affairs of the State. I was also satisfied +that he was unfit to retain the place, since he was availing himself +of every opportunity to work political ends beneficial to himself. +In this instance Wells protested to me against his removal, and also +appealed to the President for an opinion of the Attorney-General as +to my power in the case; and doubtless he would have succeeded in +retaining his office, but for the fact that the President had been +informed by General James B. Steadman and others placed to watch me +that Wells was wholly unworthy.</p> + +<blockquote> +<br>"NEW ORLEANS, June 19, 1867. +<br>"ANDREW JOHNSON, President United States, +<br>"Washington City: +<br> +<br>"Lewis D. Campbell leaves New Orleans for home this evening. Want +of respect for Governor Wells personally, alone represses the +expression of indignation felt by all honest and sensible men at the +unwarranted usurpation of General Sheridan in removing the civil +officers of Louisiana. It is believed here that you will reinstate +Wells. He is a bad man, and has no influence. +<br> +<br>"I believe Sheridan made the removals to embarrass you, believing the +feeling at the North would sustain him. My conviction is that on +account of the bad character of Wells and Monroe, you ought not to +reinstate any who have been removed, because you cannot reinstate any +without reinstating all, but you ought to prohibit the exercise of +this power in the future. +<br> +<br>"Respectfully yours, +<br> +<br>"JAMES B. STEADMAN." +</blockquote> + +<p> +I appointed Mr. Thomas J. Durant as Wells's successor, but he +declining, I then appointed Mr. Benjamin F. Flanders, who, after I +had sent a staff-officer to forcibly eject Wells in case of +necessity, took possession of the Governor's office. Wells having +vacated, Governor Flanders began immediately the exercise of his +duties in sympathy with the views of Congress, and I then notified +General Grant that I thought he need have no further apprehension +about the condition of affairs in Louisiana, as my appointee was a +man of such integrity and ability that I already felt relieved of +half my labor. I also stated in the same despatch that nothing would +answer in Louisiana but a bold and firm course, and that in taking +such a one I felt that I was strongly supported; a statement that was +then correct, for up to this period the better classes were disposed +to accept the Congressional plan of reconstruction.</p> + +<p>During the controversy over the Levee Commissioners, and the +correspondence regarding the removal of Governor Wells, registration +had gone on under the rules laid down for the boards. The date set +for closing the books was the 3oth of June, but in the parish of +Orleans the time was extended till the 15th of July. This the +President considered too short a period, and therefore directed the +registry lists not to be closed before the 1st of August, unless +there was some good reason to the contrary. This was plainly +designed to keep the books open in order that under the +Attorney-General's interpretation of the Reconstruction laws, published June +20, many persons who had been excluded by the registration boards +could yet be registered, so I decided to close the registration, +unless required by the President unconditionally, and in specific +orders, to extend the time. My motives were manifold, but the main +reasons were that as two and a half months had been given already, +the number of persons who, under the law, were qualified for registry +was about exhausted; and because of the expense I did not feel +warranted in keeping up the boards longer, as I said, "to suit new +issues coming in at the eleventh hour," which would but open a "broad +macadamized road for perjury and fraud."</p> + +<p>When I thus stated what I intended to do, the opinion of the +Attorney-General had not yet been received. When it did reach me it +was merely in the form of a circular signed by Adjutant-General +Townsend, and had no force of law. It was not even sent as an order, +nor was it accompanied by any instructions, or by anything except the +statement that it was transmitted to the 11 respective military +commanders for their information, in order that there might be +uniformity in the execution of the Reconstruction acts. To adopt +Mr. Stanbery's interpretation of the law and reopen registration +accordingly, would defeat the purpose of Congress, as well as add to +my perplexities. Such a course would also require that the officers +appointed by me for the performance of specified duties, under laws +which I was empowered to interpret and enforce, should receive their +guidance and instructions from an unauthorized source, so on +communicating with General Grant as to how I should act, he directed +me to enforce my own construction of the military bill until ordered +to do otherwise.</p> + +<p>Therefore the registration continued as I had originally directed, +and nothing having been definitely settled at Washington in relation +to my extending the time, on the 10th of July I ordered all the +registration boards to select, immediately, suitable persons to act +as commissioners of election, and at the same time specified the +number of each set of commissioners, designated the polling-places, +gave notice that two days would be allowed for voting, and followed +this with an order discontinuing registration the 31st of July, and +then another appointing the 27th and 28th of September as the time +for the election of delegates to the State convention.</p> + +<p>In accomplishing the registration there had been little opposition +from the mass of the people, but the press of New Orleans, and the +office-holders and office-seekers in the State generally, antagonized +the work bitterly and violently, particularly after the promulgation +of the opinion of the Attorney-General. These agitators condemned +everybody and everything connected with the Congressional plan of +reconstruction; and the pernicious influence thus exerted was +manifested in various ways, but most notably in the selection of +persons to compose the jury lists in the country parishes it also +tempted certain municipal officers in New Orleans to perform illegal +acts that would seriously have affected the credit of the city had +matters not been promptly corrected by the summary removal from +office of the comptroller and the treasurer, who had already issued a +quarter of a million dollars in illegal certificates. On learning of +this unwarranted and unlawful proceeding, Mayor Heath demanded an +investigation by the Common Council, but this body, taking its cue +from the evident intention of the President to render abortive the +Reconstruction acts, refused the mayor's demand. Then he tried to +have the treasurer and comptroller restrained by injunction, but the +city attorney, under the same inspiration as the council, declined to +sue out a writ, and the attorney being supported in this course by +nearly all the other officials, the mayor was left helpless in his +endeavors to preserve the city's credit. Under such circumstances he +took the only step left him—recourse to the military commander; and +after looking into the matter carefully I decided, in the early part +of August, to give the mayor officials who would not refuse to make +an investigation of the illegal issue of certificates, and to this +end I removed the treasurer, surveyor, comptroller, city attorney, +and twenty-two of the aldermen; these officials, and all of their +assistants, having reduced the financial credit of New Orleans to a +disordered condition, and also having made efforts—and being then +engaged in such—to hamper the execution of the Reconstruction laws.</p> + +<p>This action settled matters in the city, but subsequently I had to +remove some officials in the parishes—among them a justice of the +peace and a sheriff in the parish of Rapides; the justice for +refusing to permit negro witnesses to testify in a certain murder +case, and for allowing the murderer, who had foully killed a colored +man, to walk out of his court on bail in the insignificant sum of +five hundred dollars; and the sheriff, for conniving at the escape +from jail of another alleged murderer. Finding, however, even after +these removals, that in the country districts murderers and other +criminals went unpunished, provided the offenses were against negroes +merely (since the jurors were selected exclusively from the whites, +and often embraced those excluded from the exercise of the election +franchise) I, having full authority under the Reconstruction laws, +directed such a revision of the jury lists as would reject from them +every man not eligible for registration as a voter. This order was +issued August 24, and on its promulgation the President relieved me +from duty and assigned General Hancock as my successor.</p> + +<blockquote> +<br>"HEADQUARTERS FIFTH MILITARY DISTRICT, +<br>"NEW ORLEANS, LA., August 24, 1867.<br> + +<br>"SPECIAL ORDERS, No. 125.<br> + +<br>"The registration of voters of the State of Louisiana, according to +the law of Congress, being complete, it is hereby ordered that no +person who is not registered in accordance with said law shall be +considered as, a duly qualified voter of the State of Louisiana. All +persons duly registered as above, and no others, are consequently +eligible, under the laws of the State of Louisiana, to serve as +jurors in any of the courts of the State.<br> + +<br>"The necessary revision of the jury lists will immediately be made by +the proper officers.<br> + +<br>"All the laws of the State respecting exemptions, etc., from jury +duty will remain in force.<br> + +<br>"By command of Major-General P. H. SHERIDAN.<br> + +<br>"GEO. L. HARTNUFF, Asst. Adj't-General." +</blockquote> +<p> +Pending the arrival of General Hancock, I turned over the command of +the district September 1 to General Charles Griffin; but he dying of +yellow fever, General J. A. Mower succeeded him, and retained command +till November 29, on which date General Hancock assumed control. +Immediately after Hancock took charge, he revoked my order of August +24 providing for a revision of the jury lists; and, in short, +President Johnson's policy now became supreme, till Hancock himself +was relieved in March, 1868.</p> + +<p>My official connection with the reconstruction of Louisiana and Texas +practically closed with this order concerning the jury lists. In my +judgment this had become a necessity, for the disaffected element, +sustained as it was by the open sympathy of the President, had grown +so determined in its opposition to the execution of the +Reconstruction acts that I resolved to remove from place and power +all obstacles; for the summer's experience had convinced me that in +no other way could the law be faithfully administered.</p> + +<p>The President had long been dissatisfied with my course; indeed, he +had harbored personal enmity against me ever since he perceived that +he could not bend me to an acceptance of the false position in which +he had tried to place me by garbling my report of the riot of 1866. +When Mr. Johnson decided to remove me, General Grant protested in +these terms, but to no purpose:</p> + +<blockquote> +<br>"HEADQUARTERS ARMIES OF THE UNITED STATES, +<br>"WASHINGTON, D. C., August 17, 1867<br> + +<br>"SIR: I am in receipt of your order of this date directing the +assignment of General G. H. Thomas to the command of the Fifth +Military District, General Sheridan to the Department of the +Missouri, and General Hancock to the Department of the Cumberland; +also your note of this date (enclosing these instructions), saying: +'Before you issue instructions to carry into effect the enclosed +order, I would be pleased to hear any suggestions you may deem +necessary respecting the assignments to which the order refers.'<br> + +<br>"I am pleased to avail myself of this invitation to urge—earnestly +urge—urge in the name of a patriotic people, who have sacrificed +hundreds of thousands of loyal lives and thousands of millions of +treasure to preserve the integrity and union of this country—that +this order be not insisted on. It is unmistakably the expressed wish +of the country that General Sheridan should not be removed from his +present command.<br> + +<br>"This is a republic where the will of the people is the law of the +land. I beg that their voice may be heard.<br> + +<br>"General Sheridan has performed his civil duties faithfully and +intelligently. His removal will only be regarded as an effort to +defeat the laws of Congress. It will be interpreted by the +unreconstructed element in the South—those who did all they could to +break up this Government by arms, and now wish to be the only element +consulted as to the method of restoring order—as a triumph. It will +embolden them to renewed opposition to the will of the loyal masses, +believing that they have the Executive with them.<br> + +<br>"The services of General Thomas in battling for the Union entitle him +to some consideration. He has repeatedly entered his protest against +being assigned to either of the five military districts, and +especially to being assigned to relieve General Sheridan.<br> + +<br>"There are military reasons, pecuniary reasons, and above all, +patriotic reasons, why this should not be insisted upon.<br> + +<br>"I beg to refer to a letter marked 'private,' which I wrote to the +President when first consulted on the subject of the change in the +War Department. It bears upon the subject of this removal, and I had +hoped would have prevented it.<br> + +<br>"I have the honor to be, with great respect, your obedient servant,<br> + +<br>"U. S. GRANT, +<br>"General U. S. A., Secretary of War ad interim.<br> +<br><br> +<br>"His Excellency A. JOHNSON, +<br>"President of the United States." +</blockquote> +<p> +I was ordered to command the Department of the Missouri (General +Hancock, as already noted, finally becoming my successor in the Fifth +Military District), and left New Orleans on the 5th of September. I +was not loath to go. The kind of duty I had been performing in +Louisiana and Texas was very trying under the most favorable +circumstances, but all the more so in my case, since I had to contend +against the obstructions which the President placed in the way from +persistent opposition to the acts of Congress as well as from +antipathy to me—which obstructions he interposed with all the +boldness and aggressiveness of his peculiar nature.</p> + +<p>On more than one occasion while I was exercising this command, +impurity of motive was imputed to me, but it has never been +truthfully shown (nor can it ever be) that political or corrupt +influences of any kind controlled me in any instance. I simply tried +to carry out, without fear or favor, the Reconstruction acts as they +came to me. They were intended to disfranchise certain persons, and +to enfranchise certain others, and, till decided otherwise, were the +laws of the land; and it was my duty to execute them faithfully, +without regard, on the one hand, for those upon whom it was thought +they bore so heavily, nor, on the other, for this or that political +party, and certainly without deference to those persons sent to +Louisiana to influence my conduct of affairs.</p> + +<p>Some of these missionaries were high officials, both military and +civil, and I recall among others a visit made me in 1866 by a +distinguished friend of the President, Mr. Thomas A. Hendricks. The +purpose of his coming was to convey to me assurances of the very high +esteem in which I was held by the President, and to explain +personally Mr. Johnson's plan of reconstruction, its flawless +constitutionality, and so on. But being on the ground, I had before +me the exhibition of its practical working, saw the oppression and +excesses growing out of it, and in the face of these experiences even +Mr. Hendricks's persuasive eloquence was powerless to convince me of +its beneficence. Later General Lovell H. Rousseau came down on a +like mission, but was no more successful than Mr. Hendricks.</p> + +<p>During the whole period that I commanded in Louisiana and Texas my +position was a most unenviable one. The service was unusual, and the +nature of it scarcely to be understood by those not entirely familiar +with the conditions existing immediately after the war. In +administering the affairs of those States, I never acted except by +authority, and always from conscientious motives. I tried to guard +the rights of everybody in accordance with the law. In this I was +supported by General Grant and opposed by President Johnson. The +former had at heart, above every other consideration, the good of his +country, and always sustained me with approval and kind suggestions. +The course pursued by the President was exactly the opposite, and +seems to prove that in the whole matter of reconstruction he was +governed less by patriotic motives than by personal ambitions. Add +to this his natural obstinacy of character and personal enmity toward +me, and no surprise should be occasioned when I say that I heartily +welcomed the order that lifted from me my unsought burden.</p> + + +<br><br> +<hr> +<br><br> +<br><br> +<br><br> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Memoirs of General Philip H. +Sheridan, Vol. II., Part 5, by P. H. 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Sheridan, +Vol. II., Part 5, by P. H. Sheridan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Memoirs of General Philip H. Sheridan, Vol. II., Part 5 + +Author: P. H. Sheridan + +Release Date: June 7, 2004 [EBook #5858] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF GENERAL SHERIDAN *** + + + + +Produced by David Widger + + + + +PERSONAL MEMOIRES OF P. H. SHERIDAN + +VOLUME 2. + +Part 5 + +By Philip Henry Sheridan + + + + +CHAPTER VI. + +BATTLE OF DINWIDDIE COURT HOUSE--PICKETT REPULSED--REINFORCED BY THE +FIFTH CORPS--BATTLE OF FIVE FORKS--TURNING THE CONFEDERATE LEFT--AN +UNQUALIFIED SUCCESS--RELIEVING GENERAL WARREN--THE WARREN COURT OF +INQUIRY--GENERAL SHERMAN'S OPINION. + +The night of March 30 Merritt, with Devin's division and Davies's +brigade, was camped on the Five Forks road about two miles in front +of Dinwiddie, near J. Boisseau's. Crook, with Smith and Gregg's +brigades, continued to cover Stony Creek, and Custer was still back +at Rowanty Creek, trying to get the trains up. This force had been +counted while crossing the creek on the 29th, the three divisions +numbering 9,000 enlisted men, Crook having 3,300, and Custer and +Devin 5,700. + +During the 30th, the enemy had been concentrating his cavalry, and by +evening General W. H. F. Lee and General Rosser had joined Fitzhugh +Lee near Five Forks. To this force was added, about dark, five +brigades of infantry--three from Pickett's division, and two from +Johnson's--all under command of Pickett. The infantry came by the +White Oak road from the right of General Lee's intrenchments, and +their arrival became positively known to me about dark, the +confirmatory intelligence being brought in then by some of Young's +scouts who had been inside the Confederate lines. + +On the 31st, the rain having ceased, directions were given at an +early hour to both Merritt and Crook to make reconnoissances +preparatory to securing Five Forks, and about 9 o'clock Merritt +started for the crossroads, Davies's brigade supporting him. His +march was necessarily slow because of the mud, and the enemy's +pickets resisted with obstinacy also, but the coveted crossroads fell +to Merritt without much trouble, as the bulk of the enemy was just +then bent on other things. At the same hour that Merritt started, +Crook moved Smith's brigade out northwest from Dinwiddie to +Fitzgerald's crossing of Chamberlain's Creek, to cover Merritt's +left, supporting Smith by placing Gregg to his right and rear. The +occupation of this ford was timely, for Pickett, now in command of +both the cavalry and infantry, was already marching to get in +Merritt's rear by crossing Chamberlain's Creek. + +To hold on to Fitzgerald's ford Smith had to make a sharp fight, but +Mumford's cavalry attacking Devin, the enemy's infantry succeeded in +getting over Chamberlain's Creek at a point higher up than +Fitzgerald's ford, and assailing Davies, forced him back in a +northeasterly direction toward the Dinwiddie and Five Forks road in +company with Devin. The retreat of Davies permitted Pickett to pass +between Crook and Merritt, which he promptly did, effectually +separating them and cutting off both Davies and Devin from the road +to Dinwiddie, so that to get to that point they had to retreat across +the country to B. Boisseau's and then down the Boydton road. + +Gibbs's brigade had been in reserve near the intersection of the Five +Forks and Dabney roads, and directing Merritt to hold on there, I +ordered Gregg's brigade to be mounted and brought to Merritt's aid, +for if Pickett continued in pursuit north of the Five Forks road he +would expose his right and rear, and I determined to attack him, in +such case, from Gibbs's position. Gregg arrived in good season, and +as soon as his men were dismounted on Gibbs's left, Merritt assailed +fiercely, compelling Pickett to halt and face a new foe, thus +interrupting an advance that would finally have carried Pickett into +the rear of Warren's corps. + +It was now about 4 o'clock in the afternoon and we were in a critical +situation, but having ordered Merritt to bring Devin and Davies to +Dinwiddie by the Boydton road, staff-officers were sent to hurry +Custer to the same point, for with its several diverging roads the +Court House was of vital importance, and I determined to stay there +at all hazards. At the same time orders were sent to Smith's +brigade, which, by the advance of Pickett past its right flank and +the pressure of W. H. F. Lee on its front, had been compelled to give +up Fitzgerald's crossing, to fall back toward Dinwiddie but to +contest every inch of ground so as to gain time. + +When halted by the attack of Gregg and Gibbs, Pickett, desisting from +his pursuit of Devin, as already stated, turned his undivided +attention to this unexpected force, and with his preponderating +infantry pressed it back on the Five Forks road toward Dinwiddle, +though our men, fighting dismounted behind barricades at different +points, displayed such obstinacy as to make Pickett's progress slow, +and thus give me time to look out a line for defending the Court +House. I selected a place about three-fourths of a mile northwest of +the crossroads, and Custer coming up quickly with Capehart's brigade, +took position on the left of the road to Five Forks in some open +ground along the crest of a gentle ridge. Custer got Capehart into +place just in time to lend a hand to Smith, who, severely pressed, +came back on us here from his retreat along Chamberlain's "bed"--the +vernacular for a woody swamp such as that through which Smith +retired. A little later the brigades of Gregg and Gibbs, falling to +the rear slowly and steadily, took up in the woods a line which +covered the Boydton Road some distance to the right of Capehart, the +intervening gap to be filled with Pennington's brigade. By this time +our horse-artillery, which for two days had been stuck in the mud, +was all up, and every gun was posted in this line. + +It was now near sunset, and the enemy's cavalry thinking the day was +theirs, made a dash at Smith, but just as the assailants appeared in +the open fields, Capehart's men opened so suddenly on their left +flank as to cause it to recoil in astonishment, which permitted Smith +to connect his brigade with Custer unmolested. We were now in good +shape behind the familiar barricades, and having a continuous line, +excepting only the gap to be filled with Pennington, that covered +Dinwiddie and the Boydton Road. My left rested in the woods about +half a mile west of the Court House, and the barricades extended from +this flank in a semicircle through the open fields in a northeasterly +direction, to a piece-of thick timber on the right, near the Boydton +Road. + +A little before the sun went down the Confederate infantry was formed +for the attack, and, fortunately for us, Pennington's brigade came up +and filled the space to which it was assigned between Capehart and +Gibbs, just as Pickett moved out across the cleared fields in front +of Custer, in deep lines that plainly told how greatly we were +outnumbered. + +Accompanied by Generals Merritt and Custer and my staff, I now rode +along the barricades to encourage the men. Our enthusiastic +reception showed that they were determined to stay. The cavalcade +drew the enemy's fire, which emptied several of the saddles--among +others Mr. Theodore Wilson, correspondent of the New York Herald, +being wounded. In reply our horse-artillery opened on the advancing +Confederates, but the men behind the barricades lay still till +Pickett's troops were within short range. Then they opened, Custer's +repeating rifles pouring out such a shower of lead that nothing could +stand up against it. The repulse was very quick, and as the gray +lines retired to the woods from which but a few minutes before they +had so confidently advanced, all danger of their taking Dinwiddie or +marching to the left and rear of our infantry line was over, at least +for the night. The enemy being thus checked, I sent a +staff-officer--Captain Sheridan--to General Grant to report what had +taken place during the afternoon, and to say that I proposed to stay at +Dinwiddie, but if ultimately compelled to abandon the place, I would do +so by retiring on the Vaughn road toward Hatcher's Run, for I then +thought the attack might be renewed next morning. Devin and Davies +joined me about dark, and my troops being now well in hand, I sent a +second staff-officer--Colonel John Kellogg--to explain my situation +more fully, and to assure General Grant that I would hold on at +Dinwiddie till forced to let go. + +By following me to Dinwiddie the enemy's infantry had completely +isolated itself, and hence there was now offered the Union troops a +rare opportunity. Lee was outside of his works, just as we desired, +and the general-in-chief realized this the moment he received the +first report of my situation; General Meade appreciated it too from +the information he got from Captain Sheridan, en route to army +headquarters with the first tidings, and sent this telegram to +General Grant: + +"HEADQUARTERS OF THE ARMY OF THE POTOMAC, +"March 31, 1865. 9:45 p.m. + +"LIEUTENANT-GENERAL GRANT: + +"Would it not be well for Warren to go down with his whole corps and +smash up the force in front of Sheridan? Humphreys can hold the line +to the Boydton plank-road, and the refusal along with it. Bartlett's +brigade is now on the road from G. Boisseau's, running north, where +it crosses Gravelly Run, he having gone down the White Oak road. +Warren could go at once that way, and take the force threatening +Sheridan in rear at Dinwiddie, and move on the enemy's rear with the +other two. + +"G. G. MEADE, Major-General." + + +An hour later General Grant replied in these words: + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"DABNEY'S MILLS, March 311, 1865. 10:15 P. M. + +"MAJOR-GENERAL MEADE, +"Commanding Army of the Potomac. + +Let Warren move in the way you propose, and urge him not to stop for +anything. Let Griffin (Griffin had been ordered by Warren to the +Boydton road to protect his rear) go on as he was first directed. + +"U. S. GRANT, Lieutenant-General." + + +These two despatches were the initiatory steps in sending the Fifth +Corps, under Major-General G. K. Warren, to report to me, and when I +received word of its coming and also that Genera Mackenzie's cavalry +from the Army of the James was likewise to be added to my command, +and that discretionary authority was given me to use all my forces +against Pickett, I resolved to destroy him, if it was within the +bounds of possibility, before he could rejoin Lee. + +In a despatch, dated 10:05 p.m., telling me of the coming of Warren +and Mackenzie, General Grant also said that the Fifth Corps should +reach me by 12 o'clock that night, but at that hour not only had none +of the corps arrived, but no report from it, so believing that if it +came all the way down to Dinwiddie the next morning, our opportunity +would be gone, I concluded that it would be best to order Warren to +move in on the enemy's rear while the cavalry attacked in front, and, +therefore, at 3 o'clock in the morning of April 1 sent this despatch +to General Warren: + +"CAVALRY HEADQUARTERS, DINWIDDIE C. H., +"April 1, 1865--3. A.M. + +"MAJOR-GENERAL WARREN, +"Commanding Fifth Army Corps. + +"I am holding in front of Dinwiddie Court House, on the road leading +to Five Forks, for three-quarters of a mile with General Custer's +division. The enemy are in his immediate front, lying so as to cover +the road just this side of A. Adams's house, which leads across +Chamberlain's bed, or run. I understand you have a division at J.[G] +Boisseau's; if so, you are in rear of the enemy's line and almost on +his flank. I will hold on here. Possibly they may attack Custer at +daylight; if so, attack instantly and in full force. Attack at +daylight anyhow, and I will make an effort to get the road this side +of Adams's house, and if I do, you can capture the whole of them. +Any force moving down the road I am holding, or on the White Oak +road, will be in the enemy's rear, and in all probability get any +force that may escape you by a flank movement. Do not fear my +leaving here. If the enemy remains, I shall fight at daylight. + +"P. H. SHERIDAN, Major-General." + + +With daylight came a slight fog, but it lifted almost immediately, +and Merritt moved Custer and Devin forward. As these divisions +advanced the enemy's infantry fell back on the Five Forks road, Devin +pressing him along the road, while Custer extended on the left over +toward Chamberlain's Run, Crook being held in watch along Stony +Creek, meanwhile, to be utilized as circumstances might require when +Warren attacked. + +The order of General Meade to Warren the night of March 31--a copy +being sent me also--was positive in its directions, but as midnight +came without a sign of or word from the Fifth Corps, notwithstanding +that was the hour fixed for its arrival, I nevertheless assumed that +there were good reasons for its non-appearance, but never once +doubted that measures would be taken to comply with my despatch Of +3 A. M. and therefore hoped that, as Pickett was falling back slowly +toward Five Forks, Griffin's and Crawford's divisions would come in +on the Confederate left and rear by the Crump road near J.[G] +Boisseau's house. + +But they did not reach there till after the enemy had got by. As a +matter of fact, when Pickett was passing the all-important point +Warren's men were just breaking from the bivouac in which their chief +had placed them the night before, and the head of Griffin's division +did not get to Boisseau's till after my cavalry, which meanwhile had +been joined by Ayres's division of the Fifth Corps by way of the +Boydton and Dabney roads. By reason of the delay in moving Griffin +and Crawford, the enemy having escaped, I massed the Fifth Corps at +J.[G] Boisseau's so that the men could be rested, and directed it to +remain there; General Warren himself had not then come up. General +Mackenzie, who had reported just after daybreak, was ordered at first +to stay at Dinwiddie Court House, but later was brought along the +Five Forks road to Dr. Smith's, and Crook's division was directed to +continue watching the crossings of Stony Creek and Chamberlain's Run. + +That we had accomplished nothing but to oblige our foe to retreat was +to me bitterly disappointing, but still feeling sure that he would +not give up the Five Forks crossroads without a fight, I pressed him +back there with Merritt's cavalry, Custer advancing on the Scott +road, while Devin drove the rearguard along that leading from J.[G] +Boisseau's to Five Forks. + +By 2 o'clock in the afternoon Merritt had forced the enemy inside his +intrenchments, which began with a short return about three-quarters +of a mile east of the Forks and ran along the south side of the White +Oak road to a point about a mile west of the Forks. From the left of +the return over toward Hatcher's Run was posted Mumford's cavalry, +dismounted. In the return itself was Wallace's brigade, and next on +its right came Ransom's, then Stewart's, then Terry's, then Corse's. +On the right of Corse was W. H. F. Lee's division of cavalry. Ten +pieces of artillery also were in this line, three on the right of the +works, three near the centre at the crossroads, and four on the left, +in the return. Rosser's cavalry was guarding the Confederate trains +north of Hatcher's Run beyond the crossing of the Ford road. + +I felt certain the enemy would fight at Five Forks--he had to--so, +while we were getting up to his intrenchments, I decided on my plan +of battle. This was to attack his whole front with Merritt's two +cavalry divisions, make a feint of turning his right flank, and with +the Fifth Corps assail his left. As the Fifth Corps moved into +action, its right flank was to be covered by Mackenzie's cavalry, +thus entirely cutting off Pickett's troops from communication with +Lee's right flank, which rested near the Butler house at the junction +of the Claiborne and White Oaks roads. In execution of this plan, +Merritt worked his men close in toward the intrenchments, and while +he was thus engaged, I ordered Warren to bring up the Fifth Corps, +sending the order by my engineer officer, Captain Gillespie, who had +reconnoitred the ground in the neighborhood of Gravelly Run Church, +where the infantry was to form for attack. + +Gillespie delivered the order about 1 o'clock, and when the corps was +put in motion, General Warren joined me at the front. Before he +came, I had received, through Colonel Babcock, authority from General +Grant to relieve him, but I did not wish to do it, particularly on +the eve of battle; so, saying nothing at all about the message +brought me, I entered at once on the plan for defeating Pickett, +telling Warren how the enemy was posted, explaining with considerable +detail, and concluding by stating that I wished his troops to be +formed on the Gravelly Church road, near its junction with the White +Oak road, with two divisions to the front, aligned obliquely to the +White Oak road, and one in reserve, opposite the centre of these two. + +General Warren seemed to understand me clearly, and then left to join +his command, while I turned my attention to the cavalry, instructing +Merritt to begin by making demonstrations as though to turn the +enemy's right, and to assault the front of the works with his +dismounted cavalry as soon as Warren became engaged. Afterward I +rode around to Gravelly Run Church, and found the head of Warren's +column just appearing, while he was sitting under a tree making a +rough sketch of the ground. I was disappointed that more of the +corps was not already up, and as the precious minutes went by without +any apparent effort to hurry the troops on to the field, this +disappointment grew into disgust. At last I expressed to Warren my +fears that the cavalry might expend all their ammunition before the +attack could be made, that the sun would go down before the battle +could be begun, or that troops from Lee's right, which, be it +remembered, was less than three miles away from my right, might, by +striking my rear, or even by threatening it, prevent the attack on +Pickett. + +Warren did not seem to me to be at all solicitous; his manner +exhibited decided apathy, and he remarked with indifference that +"Bobby Lee was always getting people into trouble." With unconcern +such as this, it is no wonder that fully three hours' time was +consumed in marching his corps from J.[G] Boisseau's to Gravelly Run +Church, though the distance was but two miles. However, when my +patience was almost worn out, Warren reported his troops ready, +Ayres's division being formed on the west side of the Gravelly Church +road, Crawford's on the east side, and Griffin in reserve behind the +right of Crawford, a little different from my instructions. The +corps had no artillery present, its batteries, on account of the mud, +being still north of Gravelly Run. Meanwhile Merritt had been busy +working his men close up to the intrenchments from the angle of the +return west, along the White Oak road. + +About 4 o'clock Warren began the attack. He was to assault the left +flank of the Confederate infantry at a point where I knew Pickett's +intrenchments were refused, almost at right angles with the White Oak +road. I did not know exactly how far toward Hatcher's Run this part +of the works extended, for here the videttes of Mumford's cavalry +were covering, but I did know where the refusal began. This return, +then, was the point I wished to assail, believing that if the assault +was made with spirit, the line could be turned. I therefore intended +that Ayres and Crawford should attack the refused trenches squarely, +and when these two divisions and Merritt's cavalry became hotly +engaged, Griffin's division was to pass around the left of the +Confederate line; and I personally instructed Griffin how I wished +him to go in, telling him also that as he advanced, his right flank +would be taken care of by Mackenzie, who was to be pushed over toward +the Ford road and Hatcher's Run. + +The front of the corps was oblique to the White Oak road; and on +getting there, it was to swing round to the left till perpendicular +to the road, keeping closed to the left. Ayres did his part well, +and to the letter, bringing his division square up to the front of +the return near the angle; but Crawford did not wheel to the left, as +was intended. On the contrary, on receiving fire from Mumford's +cavalry, Crawford swerved to the right and moved north from the +return, thus isolating his division from Ayres; and Griffin, +uncertain of the enemy's position, naturally followed Crawford. + +The deflection of this division on a line of march which finally +brought it out on the Ford road near C. Young's house, frustrated the +purpose I had in mind when ordering the attack, and caused a gap +between Ayres and Crawford, of which the enemy quickly took +advantage, and succeeded in throwing a part of Ayres's division into +confusion. At this juncture I sent word to General Warren to have +Crawford recalled; for the direction he was following was not only a +mistaken one, but, in case the assault at the return failed, he ran +great risk of capture. Warren could not be found, so I then sent for +Griffin--first by Colonel Newhall, and then by Colonel Sherman--to +come to the aid of Ayres, who was now contending alone with that part +of the enemy's infantry at the return. By this time Griffin had +observed and appreciated Crawford's mistake, however, and when the +staff-officers reached him, was already faced to the left; so, +marching across Crawford's rear, he quickly joined Ayres, who +meanwhile had rallied his troops and carried the return. + +When Ayres's division went over the flank of the enemy's works, +Devin's division of cavalry, which had been assaulting the front, +went over in company with it; and hardly halting to reform, the +intermingling infantry and dismounted cavalry swept down inside the +intrenchments, pushing to and beyond Five Forks, capturing thousands +of prisoners. The only stand the enemy tried to make was when he +attempted to form near the Ford road. Griffin pressed him so hard +there, however, that he had to give way in short order, and many of +his men, with three pieces of artillery, fell into the hands of +Crawford while on his circuitous march. + +The right of Custer's division gained a foothold on the enemy's works +simultaneously with Devin's, but on the extreme left Custer had a +very severe combat with W. H. F. Lee's cavalry, as well as with +Corse's and Terry's infantry. Attacking Terry and Corse with +Pennington's brigade dismounted, he assailed Lee's cavalry with his +other two brigades mounted, but Lee held on so obstinately that +Custer gained but little ground till our troops, advancing behind the +works, drove Corse and Terry out. Then Lee made no further stand +except at the west side of the Gillian field, where, assisted by +Corse's brigade, he endeavored to cover the retreat, but just before +dark Custer, in concert with some Fifth Corps regiments under Colonel +Richardson, drove ihe last of the enemy westward on the White Oak +road. + +Our success was unqualified; we had overthrown Pickett, taken six +guns, thirteen battle-flags, and nearly six thousand prisoners. When +the battle was practically over, I turned to consider my position +with reference to the main Confederate army. My troops, though +victorious, were isolated from the Army of the Potomac, for on the +31st of March the extreme left of that army had been thrown back +nearly to the Boydton plank-road, and hence there was nothing to +prevent the enemy's issuing from his trenches at the intersection of +the White Oak and Claiborne roads and marching directly on my rear. +I surmised that he might do this that night or early next morning. +It was therefore necessary to protect myself in this critical +situation, and General Warren having sorely disappointed me, both in +the moving of his corps and in its management during the battle, I +felt that he was not the man to rely upon under such circumstances, +and deeming that it was to the best interest of the service as well +as but just to myself, I relieved him, ordering him to report to +General Grant. + +I then put Griffin in command of the Fifth Corps, and directed him to +withdraw from the pursuit as quickly as he could after following the +enemy a short distance, and form in line of battle near Gravelly Run +Church, at right angles with the White Oak road, with Ayres and +Crawford facing toward the enemy at the junction of the White Oak and +Claiborne roads, leaving Bartlett, now commanding Griffin's division, +near the Ford road. Mackenzie also was left on the Ford road at the +crossing of Hatcher's Run, Merritt going into camp on the Widow +Gillian's plantation. As I had been obliged to keep Crook's division +along Stony Creek throughout the day, it had taken no active part in +the battle. + +Years after the war, in 1879, a Court of Inquiry was given General +Warren in relation to his conduct on the day of the battle. He +assumed that the delay in not granting his request for an inquiry, +which was first made at the close of the war, was due to opposition +on my part. In this he was in error; I never opposed the ordering of +the Court, but when it was finally decided to convene it I naturally +asked to be represented by counsel, for the authorization of the +Inquiry was so peculiarly phrased that it made me practically a +respondent. + + +"NEW YORK CITY, May 3, 1880 + +"MAJOR-GENERAL W. S. HANCOCK, U. S. A. +"President Court of Inquiry, Governor's Island. + +"Sir: Since my arrival in this city, under a subpoena to appear and +testify before the Court of which you are president, I have been +indirectly and unofficially informed that the Court some time ago +forwarded an invitation to me (which has not been received) to appear +personally or by counsel, in order to aid it in obtaining a knowledge +as to the facts concerning the movements terminating in the battle of +'Five Forks,' with reference to the direct subjects of its inquiry. +Any invitation of this character I should always and do consider it +incumbent on me to accede to, and do everything in my power in +furtherance of the specific purposes for which courts of inquiry are +by law instituted. + +"The order convening the Court (a copy of which was not received by +me at my division headquarters until two days after the time +appointed for the Court to assemble) contemplates an inquiry based on +the application of Lieutenant Colonel G. K. Warren, Corps of +Engineers, as to his conduct while major-general commanding the Fifth +Army Corps, under my command, in reference to accusations or +imputations assumed in the order to have been made against him, and I +understand through the daily press that my official report of the +battle of Five Forks has been submitted by him as a basis of inquiry. + +"If it is proposed to inquire, either directly or indirectly, as to +any action of mine so far as the commanding general Fifth Army Corps +was concerned, or my motives for such action, I desire to be +specifically informed wherein such action or transaction is alleged +to contain an accusation or imputation to become a subject of +inquiry, so that, knowing what issues are raised, I may intelligently +aid the Court in arriving at the facts. + +"It is a long time since the battle of Five Forks was fought, and +during the time that has elapsed the official reports of that battle +have been received and acknowledged by the Government; but now, when +the memory of events has in many instances grown dim, and three of +the principal actors on that field are dead--Generals Griffin, +Custer, and Devin, whose testimony would have been valuable--an +investigation is ordered which might perhaps do injustice unless the +facts pertinent to the issues are fully developed. + +"My duties are such that it will not be convenient for me to be +present continuously during the sessions of the Court. In order, +however, that everything may be laid before it in my power pertinent +to such specific issues as are legally raised, I beg leave to +introduce Major Asa Bird Gardner as my counsel. + +"Very respectfully, + +"P. H. SHERIDAN, Lieut.-General." + + +Briefly stated, in my report of the battle of Five Forks there were +four imputations concerning General Warren. The first implied that +Warren failed to reach me on the 1st of April, when I had reason to +expect him; the second, that the tactical handling of his corps was +unskillful; the third, that he did not exert himself to get his corps +up to Gravelly Run Church; and the fourth, that when portions of his +line gave way he did not exert himself to restore confidence to his +troops. The Court found against him on the first and second counts, +and for him on the third and fourth. This finding was unsatisfactory +to General Warren, for he hoped to obtain such an unequivocal +recognition of his services as to cast discredit on my motives for +relieving him. These were prompted by the conditions alone--by the +conduct of General Warren as described, and my consequent lack of +confidence in him. + +It will be remembered that in my conversation with General Grant on +the 30th, relative to the suspension of operations because of the +mud, I asked him to let me have the Sixth Corps to help me in +breaking in on the enemy's right, but that it could not be sent me; +it will be recalled also that the Fifth Corps was afterward tendered +and declined. From these facts it has been alleged that I was +prejudiced against General Warren, but this is not true. As we had +never been thrown much together I knew but little of him. I had no +personal objection to him, and certainly could have none to his +corps. I was expected to do an extremely dangerous piece of work, +and knowing the Sixth Corps well--my cavalry having campaigned with +it so successfully in the Shenandoah Valley, I naturally preferred +it, and declined the Fifth for no other reason. But the Sixth could +not be given, and the turn of events finally brought me the Fifth +after my cavalry, under the most trying difficulties, had drawn the +enemy from his works, and into such a position as to permit the +realization of General Grant's hope to break up with my force Lee's +right flank. Pickett's isolation offered an opportunity which we +could not afford to neglect, and the destruction of his command would +fill the measure of General Grant's expectations as well as meet my +own desires. The occasion was not an ordinary one, and as I thought +that Warren had not risen to its demand in the battle, I deemed it +injudicious and unsafe under the critical conditions existing to +retain him longer. That I was justified in this is plain to all who +are disposed to be fair-minded, so with the following extract from +General Sherman's review of the proceedings of the Warren Court, and +with which I am convinced the judgment of history will accord, I +leave the subject: + +"....It would be an unsafe and dangerous rule to hold the commander +of an army in battle to a technical adherence to any rule of conduct +for managing his command. He is responsible for results, and holds +the lives and reputations of every officer and soldier under his +orders as subordinate to the great end--victory. The most important +events are usually compressed into an hour, a minute, and he cannot +stop to analyze his reasons. He must act on the impulse, the +conviction, of the instant, and should be sustained in his +conclusions, if not manifestly unjust. The power to command men, and +give vehement impulse to their joint action, is something which +cannot be defined by words, but it is plain and manifest in battles, +and whoever commands an army in chief must choose his subordinates by +reason of qualities which can alone be tested in actual conflict. + +"No one has questioned the patriotism, integrity, and great +intelligence of General Warren. These are attested by a long record +of most excellent service, but in the clash of arms at and near Five +Forks, March 31 and April 1, 1865, his personal activity fell short +of the standard fixed by General Sheridan, on whom alone rested the +great responsibility for that and succeeding days. + +"My conclusion is that General Sheridan was perfectly justified in +his action in this case, and he must be fully and entirely sustained +if the United States expects great victories by her arms in the +future." + + + + +CHAPTER VII. + +RESULT OF THE BATTLE OF FIVE FORKS--RETREAT OF LEE--AN INTERCEPTED +DESPATCH--AT AMELIA COURT HOUSE--BATTLE OF SAILOR'S CREEK--THE +CONFEDERATES' STUBBORN RESISTANCE--A COMPLETE VICTORY--IMPORTANCE OF +THE BATTLE. + +When the news of the battle at Five Forks reached General Grant, he +realized that the decisive character of our victory would necessitate +the immediate abandonment of Richmond and Petersburg by the enemy; +and fearing that Lee would escape without further injury, he issued +orders, the propriety of which must be settled by history, to assault +next morning the whole intrenched line. But Lee could not retreat at +once. He had not anticipated dissster at Five Forks, and hence was +unprepared to withdraw on the moment; and the necessity of getting +off his trains and munitions of war, as well as being obliged to +cover the flight of the Confederate Government, compelled him to hold +on to Richmond and Petersburg till the afternoon of the 2d, though +before that Parke, Ord, and Wright had carried his outer +intrenchments at several points, thus materially shortening the line +of investment. + +The night of the 1st of April, General Humphreys's corps--the Second +--had extended its left toward the White Oak road, and early next +morning, under instructions from General Grant, Miles's division of +that corps reported to me, and supporting him with Ayres's and +Crawford's divisions of the Fifth Corps, I then directed him to +advance toward Petersburg and attack the enemy's works at the +intersection of the Claiborne and White Oak roads. + +Such of the enemy as were still in the works Miles easily forced +across Hatcher's Run, in the direction of Sutherland's depot, but the +Confederates promptly took up a position north of the little stream, +and Miles being anxious to attack, I gave him leave, but just at this +time General Humphreys came up with a request to me from General +Meade to return Miles. On this request I relinquished command of the +division, when, supported by the Fifth Corps it could have broken in +the enemy's right at a vital point; and I have always since regretted +that I did so, for the message Humphreys conveyed was without +authority from General Grant, by whom Miles had been sent to me, but +thinking good feeling a desideratum just then, and wishing to avoid +wrangles, I faced the Fifth Corps about and marched it down to Five +Forks, and out the Ford road to the crossing of Hatcher's Run. After +we had gone, General Grant, intending this quarter of the field to be +under my control, ordered Humphreys with his other two divisions to +move to the right, in toward Petersburg. This left Miles entirely +unsupported, and his gallant attack made soon after was unsuccessful +at first, but about 3 o'clock in the afternoon he carried the point +which covered the retreat from Petersburg and Richmond. + +Merritt had been sent westward, meanwhile, in the direction of Ford's +Station, to break the enemy's horse which had been collecting to the +north of Hatcher's Run. Meeting, with but little opposition, Merritt +drove this cavalry force in a northerly direction toward Scott's +Corners, while the Fifth Corps was pushed toward Sutherland's depot, +in the hope of coming in on the rear of the force that was +confronting Miles when I left him. Crawford and Merritt engaged the +enemy lightly just before night, but his main column, retreating +along the river road south of the Appomattox, had got across Namozine +Creek, and the darkness prevented our doing more than to pick up some +stragglers. The next morning the pursuit was resumed, the cavalry +again in advance, the Fifth Corps keeping up with it all the while, +and as we pressed our adversaries hundreds and hundreds of prisoners, +armed and unarmed, fell into our hands, together with many wagons and +five pieces of artillery. At Deep Creek the rearguard turned on us, +and a severe skirmish took place. Merritt, finding the enemy very +strong, was directed to await the arrival of Crook and for the rear +division of the Fifth Corps; but by the time they reached the creek, +darkness had again come to protect the Confederates, and we had to be +content with meagre results at that point. + +From the beginning it was apparent that Lee, in his retreat, was +making for Amelia Court House, where his columns north and south of +the Appomattox River could join, and where, no doubt, he expected to +meet supplies, so Crook was ordered to march early on April 4 to +strike the Danville railroad, between Jettersville and Burkeville, +and then move south along the railroad toward Jettersville, Merritt +to move toward Amelia Court House, and the Fifth Corps to +Jettersville itself. + +The Fifth Corps got to Jettersville about 5 in the afternoon, and I +immediately intrenched it across the Burkeville road with the +determination to stay there till the main army could come up, for I +hoped we could force Lee to surrender at Amelia Court House, since a +firm hold on Jettersville would cut him off from his line of retreat +toward Burkeville. + +Accompanied only by my escort--the First United States Cavalry, about +two hundred strong--I reached Jettersville some little time before +the Fifth Corps, and having nothing else at hand I at once deployed +this handful of men to cover the crossroads till the arrival of the +corps. Just as the troopers were deploying, a man on a mule, heading +for Burkeville, rode into my pickets. He was arrested, of course, +and being searched there was found in his boots this telegram in +duplicate, signed by Lee's Commissary General. + +"The army is at Amelia Court House, short of provisions. Send +300,000 rations quickly to Burkeville Junction." One copy was +addressed to the supply department at Danville, and the other to that +at Lynchburg. I surmised that the telegraph lines north of +Burkeville had been broken by Crook after the despatches were +written, which would account for their being transmitted by +messenger. There was thus revealed not only the important fact that +Lee was concentrating at Amelia Court House, but also a trustworthy +basis for estimating his troops, so I sent word to Crook to strike up +the railroad toward me, and to Merritt--who, as I have said, had +followed on the heels of the enemy--to leave Mackenzie there and +himself close in on Jettersville. Staff-officers were also +despatched to hurry up Griffin with the Fifth Corps, and his tired men +redoubled their strides. + +My troops too were hard up for rations, for in the pursuit we could +not wait for our trains, so I concluded to secure if possible these +provisions intended for Lee. To this end I directed Young to send +four of his best scouts to Burkeville Junction. There they were to +separate, two taking the railroad toward Lynchburg and two toward +Danville, and as soon as a telegraph station was reached the telegram +was to be transmitted as it had been written and the provisions thus +hurried forward. + +Although the Fifth Corps arrived at Jettersville the evening of April +4, as did also Crook's and Merritt's cavalry, yet none of the army of +the Potomac came up till about 3 o'clock the afternoon of the 5th, +the Second Corps, followed by the Sixth, joining us then. General +Meade arrived at Jettersville an hour earlier, but being ill, +requested me to put his troops in position. The Fifth Corps being +already intrenched across the Amelia Court House road facing north, I +placed the Sixth on its right and the Second on its left as they +reached the ground. + +As the enemy had been feeling us ever since morning--to learn what he +was up to I directed Crook to send Davies's brigade on a +reconnoissance to Paine's crossroads. Davies soon found out that Lee +was trying to escape by that flank, for at the crossroads he found +the Confederate trains and artillery moving rapidly westward. Having +driven away the escort, Davies succeeded in burning nearly two +hundred wagons, and brought off five pieces of artillery. Among +these wagons were some belonging to General, Lee's and to General +Fitzhugh Lee's headquarters. This work through, Davies withdrew and +rejoined Crook, who, with Smith and Gregg, was established near Flat +Creek. + +It being plain that Lee would attempt to escape as soon as his trains +were out of the way, I was most anxious to attack him when the Second +Corps began to arrive, for I felt certain that unless we did so he +would succeed in passing by our left flank, and would thus again make +our pursuit a stern-chase; but General Meade, whose plan of attack +was to advance his right flank on Amelia Court House, objected to +assailing before all his troops were up. + +I then sent despatches to General Grant, explaining what Davies had +done, and telling him that the Second Corps was arriving, and that I +wished he himself was present. I assured him of my confidence in our +capturing Lee if we properly exerted ourselves, and informed him, +finally, that I would put all my cavalry, except Mackenzie, on my +left, and that, with such a disposition of my forces, I could see no +escape for Lee. I also inclosed him this letter, which had just been +captured: + +"AMELIA C. H., April 5, 1865. + +"DEAR MAMMA: + +"Our army is ruined, I fear. We are all safe as yet. Shyron left us +sick. John Taylor is well--saw him yesterday. We are in line of +battle this morning. General Robert Lee is in the field near us. My +trust is still in the justice of our cause, and that of God. General +Hill is killed. I saw Murray a few minutes since. Bernard, Terry +said, was taken prisoner, but may yet get out. I send this by a +negro I see passing up the railroad to Mechlenburg. Love to all. + +"Your devoted son, + +"Wm. B. TAYLOR, Colonel." + + +General Grant, who on the 5th was accompanying General Ord's column +toward Burkeville Junction, did not receive this intelligence till +nearly nightfall, when within about ten miles of the Junction. He +set out for Jettersville immediately, but did not reach us till near +midnight, too late of course to do anything that night. Taking me +with him, we went over to see Meade, whom he then directed to advance +early in the morning on Amelia Court House. In this interview Grant +also stated that the orders Meade had already issued would permit +Lee's escape, and therefore must be changed, for it was not the aim +only to follow the enemy, but to get ahead of him, remarking during +the conversation that, "he had no doubt Lee was moving right then." +On this same occasion Meade expressed a desire to have in the +proposed attack all the troops of the Army of the Potomac under his +own command, and asked for the return of the Fifth Corps. I made no +objections, and it was ordered to report, to him. + +When, on the morning of the 6th, Meade advanced toward Amelia Court +House, he found, as predicted, that Lee was gone. It turned out that +the retreat began the evening of the 5th and continued all night. +Satisfied that this would be the case, I did not permit the cavalry +to participate in Meade's useless advance, but shifted it out toward +the left to the road running from Deatonsville to Rice's station, +Crook leading and Merritt close up. Before long the enemy's trains +were discovered on this road, but Crook could make but little +impression on them, they were so strongly guarded; so, leaving +Stagg's brigade and Miller's battery about three miles southwest of +Deatonsville--where the road forks, with a branch leading north +toward the Appomattox--to harass the retreating column and find a +vulnerable point, I again shifted the rest of the cavalry toward the +left, across-country, but still keeping parallel to the enemy's line +of march. + +Just after crossing Sailor's Greek, a favorable opportunity offering, +both Merritt and Crook attacked vigorously, gained the Rice's Station +road, destroyed several hundred wagons, made many prisoners, and +captured sixteen pieces of artillery. This was important, but more +valuable still was the fact that we were astride the enemy's line of +retreat, and had cut off from joining Longstreet, waiting at Rice's +Station, a corps of Confederate infantry under General Ewell, +composed of Anderson's, Kershaw's, and Custis Lee's divisions. +Stagg's brigade and Miller's battery, which, as I have said, had been +left at the forks of the Deatonsville road, had meanwhile broken in +between the rear of Ewell's column and the head of Gordon's, forcing +Gordon to abandon his march for Rice's Station, and to take the +right-hand road at the forks, on which he was pursued by General +Humphreys. + +The complete isolation of Ewell from Longstreet in his front and +Gordon in his rear led to the battle of Sailor's Creek, one of the +severest conflicts of the war, for the enemy fought with desperation +to escape capture, and we, bent on his destruction, were no less +eager and determined. The capture of Ewell, with six of his generals +and most of his troops, crowned our success, but the fight was so +overshadowed by the stirring events of the surrender three days +later, that the battle has never been accorded the prominence it +deserves. + +The small creek from which the field takes its name flows in a +northwesterly direction across the road leading from Deatonsville to +Rice's Station. By shifting to the left, Merritt gained the Rice's +Station road west of the creek, making havoc of the wagon-trains, +while Crook struck them further on and planted himself square across +the road. This blocked Ewell, who, advancing Anderson to some high +ground west of the creek, posted him behind barricades, with the +intention of making a hard fight there, while the main body should +escape through the woods in a westerly direction to roads that led to +Farmville. This was prevented, however, by Crook forming his +division, two brigades dismounted and one mounted, and at once +assaulting all along Anderson's front and overlapping his right, +while Merritt fiercely attacked to the right of Crook. The enemy +being thus held, enabled the Sixth Corps--which in the meantime I had +sent for--to come upon the ground, and Ewell, still contending with +the cavalry, found himself suddenly beset by this new danger from his +rear. To, meet it, he placed Kershaw to the right and Custis Lee to +the left of the Rice's Station road, facing them north toward and +some little distance from Sailor's Creek, supporting Kershaw with +Commander Tucker's Marine brigade. Ewell's skirmishers held the line +of Sailor's Creek, which runs through a gentle valley, the north +slope of which was cleared ground. + +By General Grant's directions the Sixth Corps had been following my +route of march since the discovery, about 9 o'clock in the morning, +that Lee had decamped from Amelia Court House. Grant had promptly +informed me of this in a note, saying, "The Sixth Corps will go in +with a vim any place you may dictate," so when I sent word to Wright +of the enemy's isolation, and asked him to hurry on with all speed, +his gallant corps came as fast as legs could carry them, he sending +to me successively Major McClellan and Colonel Franklin, of his +staff, to report his approach. + +I was well advised as to the position of the enemy through +information brought me by an intelligent young soldier, William A. +Richardson, Company "A," Second Ohio, who, in one of the cavalry +charges on Anderson, had cleared the barricades and made his way back +to my front through Ewell's line. Richardson had told me just how +the main body of the enemy was posted, so as Seymour's division +arrived I directed General Wright to put it on the right of the road, +while Wheaton's men, coming up all hot and out of breath, promptly +formed on Seymour's left. Both divisions thus aligned faced +southwest toward Sailor's Creek, and the artillery of the corps being +massed to the left and front of the Hibbon house, without waiting for +Getty's division--for I feared that if we delayed longer the enemy +might effect his escape toward Farmville--the general attack was +begun. Seymour and Wheaton, moving forward together, assailed the +enemy's front and left, and Stagg's brigade, too, which in the mean +time had been placed between Wheaton's left and Devin's right, went +at him along with them, Merritt and Crook resuming the fight from +their positions in front of Anderson. The enemy, seeing little +chance of escape, fought like a tiger at bay, but both Seymour and +Wheaton pressed him vigorously, gaining ground at all points except +just to the right of the road, where Seymour's left was checked. +Here the Confederates burst back on us in a counter-charge, surging +down almost to the creek, but the artillery, supported by Getty, who +in the mean time had come on the ground, opened on them so terribly +that this audacious and furious onset was completely broken, though +the gallant fellows fell back to their original line doggedly, and +not until after they had almost gained the creek. Ewell was now +hemmed in on every side, and all those under his immediate command +were captured. Merritt and Crook had also broken up Anderson by this +time, but he himself, and about two thousand disorganized men escaped +by making their way through the woods toward the Appomattox River +before they could be entirely enveloped. Night had fallen when the +fight was entirely over, but Devin was pushed on in pursuit for about +two miles, part of the Sixth Corps following to clinch a victory +which not only led to the annihilation of one corps of Lee's +retreating army, but obliged Longstreet to move up to Farmville, so +as to take a road north of the Appomattox River toward Lynchburg +instead of continuing toward Danville. + +At the close of the battle I sent one of my staff--Colonel Redwood +Price--to General Grant to report what had been done; that we had +taken six generals and from nine to ten thousand prisoners. On his +way Price stopped at the headquarters of General Meade, where he +learned that not the slightest intelligence of the occurrence on my +line had been received, for I not being under Meade's command, he had +paid no attention to my movements. Price gave the story of the +battle, and General Meade, realizing its importance, sent directions +immediately to General Wright to make his report of the engagement to +the headquarters of the Army of the Potomac, assuming that Wright was +operating independently of me in the face of Grant's despatch Of +2 o'clock, which said that Wright was following the cavalry and would +"go in with a vim" wherever I dictated. Wright could not do else +than comply with Meade's orders in the case, and I, being then in +ignorance of Meade's reasons for the assumption, could say nothing. +But General Grant plainly intending, and even directing, that the +corps should be under my command, remedied this phase of the matter, +when informed of what had taken place, by requiring Wright to send a +report of the battle through me. What he then did, and what his +intentions and orders were, are further confirmed by a reference to +the episode in his "Memoirs," where he gives his reasons for ordering +the Sixth Corps to abandon the move on Amelia Court House and pass to +the left of the army. On the same page he also says, referring to +the 6th of April: "The Sixth Corps now remained with the cavalry +under Sheridan's direct command until after the surrender." He +unquestionably intended all of this, but his purpose was partly +frustrated by General Meade's action next morning in assuming +direction of the movements of the corps; and before General Grant +became aware of the actual conditions the surrender was at hand. + + + + +CHAPTER VIII. + +LINCOLN'S LACONIC DESPATCH--CAPTURING LEE'S SUPPLIES--DELIGHTED +ENGINEERS--THE CONFEDERATES' LAST EFFORT--A FLAG OF TRUCE--GENERAL +GEARY'S "LAST DITCH" ABSURDITY--MEETING OF GRANT AND LEE--THE +SURRENDER--ESTIMATE OF GENERAL GRANT. + +The first report of the battle of Sailor's Creek that General Grant +received was, as already stated, an oral message carried by Colonel +Price, of my staff. Near midnight I sent a despatch giving the names +of the generals captured. These were Ewell, Kershaw, Barton, Corse, +Dubose, and Custis Lee. In the same despatch I wrote: "If the thing +is pressed, I think that Lee will surrender." When Mr. Lincoln, at +City Point, received this word from General Grant, who was +transmitting every item of news to the President, he telegraphed +Grant the laconic message: "Let the thing be pressed." The morning of +the 7th we moved out at a very early hour, Crook's division marching +toward Farmville in direct pursuit, while Merritt and Mackenzie were +ordered to Prince Edward's Court House to anticipate any effort Lee +might make to escape through that place toward Danville since it had +been discovered that Longstreet had slipped away already from the +front of General Ord's troops at Rice's Station. Crook overtook the +main body of the Confederates at Farmville, and promptly attacked +their trains on the north side of the Appomattox with Gregg's +brigade, which was fiercely turned upon and forced to re-cross the +river with the loss of a number of prisoner's, among them Gregg +himself. When Crook sent word of this fight, it was clear that Lee +had abandoned all effort to escape to the southwest by way of +Danville. Lynchburg was undoubtedly his objective point now; so, +resolving to throw my cavalry again across his path, and hold him +till the infantry could overtake him, I directed everything on +Appomattox depot, recalling Crook the night of the 7th to Prospect +Station, while Merritt camped at Buffalo Creek, and Mackenzie made a +reconnoissance along the Lynchburg railroad. + +At break of day, April 8, Merritt and Mackenzie united with Crook at +Prospect Station, and the cavalry all moved then toward Appomattox +depot. Hardly had it started when one of the scouts--Sergeant White +--informed me that there were four trains of cars at the depot loaded +with supplies for Lee's army; these had been sent from Lynchburg, in +compliance with the telegram of Lee's commissary-general, which +message, it will be remembered, was captured and transmitted to +Lynchburg by two of Young's scouts on the 4th. Sergeant White, who +had been on the lookout for the trains ever since sending the +despatch, found them several miles west of Appomattox depot feeling +their way along, in ignorance of Lee's exact position. As he had the +original despatch with him, and took pains to dwell upon the pitiable +condition of Lee's army, he had little difficulty in persuading the +men in charge of the trains to bring them east of Appomattox Station, +but fearing that the true state of affairs would be learned before +long, and the trains be returned to Lynchburg, he was painfully +anxious to have them cut off by breaking the track west of the +station. + +The intelligence as to the trains was immediately despatched to +Crook, and I pushed on to join him with Merritt's command. Custer +having the advance, moved rapidly, and on nearing the station +detailed two regiments to make a detour southward to strike the +railroad some distance beyond and break the track. These regiments +set off at a gallop, and in short order broke up the railroad enough +to prevent the escape of the trains, Custer meanwhile taking +possession of the station, but none too soon, for almost at the +moment he did so the advance-guard of Lee's army appeared, bent on +securing the trains. Without halting to look after the cars further, +Custer attacked this advance-guard and had a spirited fight, in which +he drove the Confederates away from the station, captured twenty-five +pieces of artillery, a hospital train, and a large park of wagons, +which, in the hope that they would reach Lynchburg next day, were +being pushed ahead of Lee's main body. + +Devin coming up a little before dusk, was put in on the right of +Custer, and one of Crook's brigades was sent to our left and the +other two held in reserve. I then forced the enemy back on the +Appomattox road to the vicinity of the Court House, and that the +Confederates might have no rest, gave orders to continue the +skirmishing throughout the night. Meanwhile the captured trains had +been taken charge of by locomotive engineers, soldiers of the +command, who were delighted evidently to get back at their old +calling. They amused themselves by running the trains to and fro, +creating much confusion, and keeping up such an unearthly screeching +with the whistles that I was on the point of ordering the cars +burned. They finally wearied of their fun, however, and ran the +trains off to the east toward General Ord's column. + +The night of the 8th I made my headquarters at a little frame house +just south of the station. I did not sleep at all, nor did anybody +else, the entire command being up all night long; indeed, there had +been little rest in the, cavalry for the past eight days. The +necessity of getting Ord's column up was so obvious now that +staff-officer after staff-officer was sent to him and to General Grant +requesting that the infantry be pushed on, for if it could get to the +front, all knew that the rebellion would be ended on the morrow. +Merritt, Crook, Custer, and Devin were present at frequent intervals +during the night, and everybody was overjoyed at the prospect that +our weary work was about to end so happily. Before sun-up General +Ord arrived, and informed me of the approach of his column, it having +been marching the whole night. As he ranked me, of course I could +give him no orders, so after a hasty consultation as to where his +troops should be placed we separated, I riding to the front to +overlook my line near Appomattox Court House, while he went back to +urge along his weary troops. + +The night before General Lee had held a council with his principal +generals, when it was arranged that in the morning General Gordon +should undertake to break through my cavalry, and when I neared my +troops this movement was beginning, a heavy line of infantry bearing +down on us from the direction of the village. In front of Crook and +Mackenzie firing had already begun, so riding to a slight elevation +where a good view of the Confederates could be had, I there came to +the conclusion that it would be unwise to offer more resistance than +that necessary to give Ord time to form, so I directed Merritt to +fall back, and in retiring to shift Devin and Custer to the right so +as to make room for Ord, now in the woods to my rear. Crook, who +with his own and Mackenzie's divisions was on my extreme left +covering some by-roads, was ordered to hold his ground as long as +practicable without sacrificing his men, and, if forced to retire, to +contest with obstinacy the enemy's advance. + +As already stated, I could not direct General Ord's course, he being +my senior, but hastily galloping back to where he was, at the edge of +the timber, I explained to him what was taking place at the front. +Merritt's withdrawal inspired the Confederates, who forthwith began +to press Crook, their line of battle advancing with confidence till +it reached the crest whence I had reconnoitred them. From this +ground they could see Ord's men emerging from the woods, and the +hopelessness of a further attack being plain, the gray lines +instinctively halted, and then began to retire toward a ridge +immediately fronting Appomattox Court House, while Ord, joined on his +right by the Fifth Corps, advanced on them over the ground that +Merritt had abandoned. + +I now directed my steps toward Merritt, who, having mounted his +troopers, had moved them off to the right, and by the time I reached +his headquarters flag he was ready for work, so a move on the enemy's +left was ordered, and every guidon was bent to the front. As the +cavalry marched along parallel with the Confederate line, and in +toward its left, a heavy fire of artillery opened on us, but this +could not check us at such a time, and we soon reached some high +ground about half a mile from the Court House, and from here I could +see in the low valley beyond the village the bivouac undoubtedly of +Lee's army. The troops did not seem to be disposed in battle order, +but on the other side of the bivouac was a line of battle--a heavy +rear-guard--confronting, presumably, General Meade. + +I decided to attack at once, and formations were ordered at a trot +for a charge by Custer's and Devin's divisions down the slope leading +to the camps. Custer was soon ready, but Devin's division being in +rear its formation took longer, since he had to shift further to the +right; Devin's preparations were, therefore, but partially completed +when an aide-decamp galloped up to with the word from Custer, "Lee +has surrendered; do not charge; the white flag is up." The enemy +perceiving that Custer was forming for attack, had sent the flag out +to his front and stopped the charge just in time. I at once sent +word of the truce to General Ord, and hearing nothing more from +Custer himself, I supposed that he had gone down to the Court House +to join a mounted group of Confederates that I could see near there, +so I, too, went toward them, galloping down a narrow ridge, staff and +orderlies following; but we had not got half way to the Court House +when, from a skirt of timber to our right, not more than three +hundred yards distant, a musketry fire was opened on us. This halted +us, when, waving my hat, I called out to the firing party that we +were under a truce, and they were violating it. This did not stop +them, however, so we hastily took shelter in a ravine so situated as +to throw a ridge between us and the danger. + +We traveled in safety down this depression to its mouth, and thence +by a gentle ascent approached the Court House. I was in advance, +followed by a sergeant carrying my battleflag. When I got within +about a hundred and fifty yards of the enemy's line, which was +immediately in front of the Court House, some of the Confederates +leveled their pieces at us, and I again halted. Their officers kept +their men from firing, however, but meanwhile a single-handed contest +had begun behind me, for on looking back I heard a Confederate +soldier demanding my battle-flag from the color-bearer, thinking, no +doubt, that we were coming in as prisoners. The sergeant had drawn +his sabre and was about to cut the man down, but at a word from me he +desisted and carried the flag back to my staff, his assailant quickly +realizing that the boot was on the other leg. + +These incidents determined me to remain where I was till the return +of a staff-officer whom I had sent over to demand an explanation from +the group of Confederates for which I had been heading. He came back +in a few minutes with apologies for what had occurred, and informed +me that General Gordon and General Wilcox were the superior officers +in the group. As they wished me to join them I rode up with my +staff, but we had hardly met when in front of Merritt firing began. +At the sound I turned to General Gordon, who seemed embarrassed by +the occurrence, and remarked: "General, your men fired on me as I was +coming over here, and undoubtedly they are treating Merritt and +Custer the same way. We might as well let them fight it out." He +replied, "There must be some mistake." I then asked, "Why not send a +staff-officer and have your people cease firing; they are violating +the flag." He answered, "I have no staff-officer to send." Whereupon +I said that I would let him have one of mine, and calling for +Lieutenant Vanderbilt Allen, I directed him to carry General Gordon's +orders to General Geary, commanding a small brigade of South Carolina +cavalry, to discontinue firing. Allen dashed off with the message +and soon delivered it, but was made a prisoner, Geary saying, "I do +not care for white flags: South Carolinians never surrender...." By +this time Merritt's patience being exhausted, he ordered an attack, +and this in short order put an end to General Geary's "last ditch" +absurdity, and extricated Allen from his predicament. + +When quiet was restored Gordon remarked: "General Lee asks for a +suspension of hostilities pending the negotiations which he is having +with General Grant." I rejoined: "I have been constantly informed of +the progress of the negotiations, and think it singular that while +such discussions are going on, General Lee should have continued his +march and attempted to break through my lines this morning. I will +entertain no terms except that General Lee shall surrender to General +Grant on his arrival here. If these terms are not accepted we will +renew hostilities." Gordon replied: "General Lee's army is +exhausted. There is no doubt of his surrender to General Grant." + +It was then that General Ord joined us, and after shaking hands all +around, I related the situation to him, and Gordon went away agreeing +to meet us again in half an hour. When the time was up he came back +accompanied by General Longstreet, who brought with him a despatch, +the duplicate of one that had been sent General Grant through General +Meade's lines back on the road over which Lee had been retreating. + +General Longstreet renewed the assurances that already had been given +by Gordon, and I sent Colonel Newhall with the despatch to find +General Grant and bring him to the front. When Newhall started, +everything on our side of the Appomattox Court House was quiet, for +inevitable surrender was at hand, but Longstreet feared that Meade, +in ignorance of the new conditions on my front might attack the +Confederate rearguard. To prevent this I offered to send Colonel J. +W. Forsyth through the enemy's lines to let Meade know of my +agreement, for he too was suspicious that by a renewed correspondence +Lee was endeavoring to gain time for escape. My offer being +accepted, Forsyth set out accompanied by Colonel Fairfax, of +Longstreet's staff, and had no difficulty in accomplishing his +mission. + +About five or six miles from Appomattox, on the road toward Prospect +Station near its intersection with the Walker's Church road, my +adjutant-general, Colonel Newhall, met General Grant, he having +started from north of the Appomattox River for my front the morning +of April 9, in consequence of the following despatches which had been +sent him the night before, after we had captured Appomattox Station +and established a line intercepting Lee: + +"CAVALRY HEADQUARTERS, April 8, 1865--9:20 P. M. + +"LIEUTENANT-GENERAL U. S. GRANT, +"Commanding Armies of the U. S. + +"General: I marched early this morning from Buffalo Creek and +Prospect Station on Appomattox Station, where my scouts had reported +trains of cars with supplies for Lee's army. A short time before +dark General Custer, who had the advance, made a dash at the station, +capturing four trains of supplies with locomotives. One of the +trains was burned and the others were run back toward Farmville for +security. Custer then pushed on toward Appomattox Court House, +driving the enemy--who kept up a heavy fire of artillery--charging +them repeatedly and capturing, as far as reported, twenty-five pieces +of artillery and a number of prisoners and wagons. The First Cavalry +Division supported him on the right. A reconnoissance sent across +the Appomattox reports the enemy moving on the Cumberland road to +Appomattox Station, where they expect to get supplies. Custer is +still pushing on. If General Gibbon and the Fifth Corps can get up +to-night, we will perhaps finish the job in the morning. I do not +think Lee means to surrender until compelled to do so. + +"P. H. SHERIDAN, Major-General." + + + +"HEADQUARTERS CAVALRY, April 8, 1865--9:40 p.m. + +"LIEUTENANT-GENERAL U. S. GRANT. +"Commanding Armies U. S. + +"GENERAL: Since writing the accompanying despatch, General Custer +reports that his command has captured in all thirty-five pieces of +artillery, one thousand prisoners--including one general officer--and +from one hundred and fifty to two hundred wagons. + +"P. H. SHERIDAN, Major-General." + + +In attempting to conduct the lieutenant-general and staff back by a +short route, Newhall lost his bearings for a time, inclining in +toward the enemy's lines too far, but regained the proper direction +without serious loss of time. General Grant arrived about 1 o'clock +in the afternoon, Ord and I, dismounted, meeting him at the edge of +the town, or crossroads, for it was little more. He remaining +mounted, spoke first to me, saying simply, + +"How are you, Sheridan?" I assured him with thanks that I was +"first-rate," when, pointing toward the village, he asked, "Is +General Lee up there?" and I replied: "There is his army down in that +valley, and he himself is over in that house (designating McLean's +house) waiting to surrender to you." The General then said, "Come, +let us go over," this last remark being addressed to both Ord and me. +We two then mounted and joined him, while our staff-officers +followed, intermingling with those of the general-in-chief as the +cavalcade took its way to McLean's house near by, and where General +Lee had arrived some time before, in consequence of a message from +General Grant consenting to the interview asked for by Lee through +Meade's front that morning--the consent having been carried by +Colonel Babcock. + +When I entered McLean's house General Lee was standing, as was also +his military secretary, Colonel Marshall, his only staff-officer +present. General Lee was dressed in a new uniform and wore a +handsome sword. His tall, commanding form thus set off contrasted +strongly with the short figure of General Grant, clothed as he was in +a soiled suit, without sword or other insignia of his position except +a pair of dingy shoulder-straps. After being presented, Ord and I, +and nearly all of General Grant's staff, withdrew to await the +agreement as to terms, and in a little while Colonel Babcock came to +the door and said, "The surrender had been made; you can come in +again." + +When we re-entered General Grant was writing; and General Lee, having +in his hand two despatches, which I that morning requested might be +returned, as I had no copies of them, addressed me with the remark: +"I am sorry. It is probable that my cavalry at that point of the +line did not fully understand the agreement." These despatches had +been sent in the forenoon, after the fighting had been stopped, +notifying General Lee that some of his cavalry in front of Crook was +violating the suspension of hostilities by withdrawing. About +3 o'clock in the afternoon the terms of surrender were written out +and accepted, and General Lee left the house, as he departed +cordially shaking hands with General Grant. A moment later he +mounted his chunky gray horse, and lifting his hat as he passed out +of the yard, rode off toward his army, his arrival there being +announced to us by cheering, which, as it progressed, varying in +loudness, told he was riding through the bivouac of the Army of +Northern Virginia. + +The surrender of General Lee practically ended the war of the +rebellion. For four years his army had been the main-stay of the +Confederacy; and the marked ability with which he directed its +operations is evidenced both by his frequent successes and the length +of time he kept up the contest. Indeed, it may be said that till +General Grant was matched against him, he never met an opponent he +did not vanquish, for while it is true that defeat was inflicted on +the Confederates at Antietam and Gettysburg, yet the fruits of these +victories were not gathered, for after each of these battles Lee was +left unmolested till he had a chance to recuperate. + +The assignment of General Grant to the command of the Union armies in +the winter of 1863-64 gave presage of success from the start, for his +eminent abilities had already been proved, and besides, he was a +tower of strength to the Government, because he had the confidence of +the people. They knew that henceforth systematic direction would be +given to our armies in every section of the vast territory over which +active operations were being prosecuted, and further, that this +coherence, this harmony of plan, was the one thing needed to end the +war, for in the three preceding years there had been illustrated most +lamentable effects of the absence of system. From the moment he set +our armies in motion simultaneously, in the spring of 1864, it could +be seen that we should be victorious ultimately, for though on +different lines we were checked now and then, yet we were harassing +the Confederacy at so many vital points that plainly it must yield to +our blows. Against Lee's army, the forefront of the Confederacy, +Grant pitted himself; and it may be said that the Confederate +commander was now, for the first time, overmatched, for against all +his devices--the products of a mind fertile in defense--General Grant +brought to bear not only the wealth of expedient which had hitherto +distinguished him, but also an imperturbable tenacity, particularly +in the Wilderness and on the march to the James, without which the +almost insurmountable obstacles of that campaign could not have been +overcome. During it and in the siege of Petersburg he met with many +disappointments--on several occasions the shortcomings of generals, +when at the point of success, leading to wretched failures. But so +far as he was concerned, the only apparent effect of these +discomfitures was to make him all the more determined to discharge +successfully the stupendous trust committed to his care, and to bring +into play the manifold resources of his well ordered military mind. +He guided every subordinate then, and in the last days of the +rebellion, with a fund of common sense and superiority of intellect, +which have left an impress so distinct as to exhibit his great +personality. When his military history is analyzed after the lapse +of years, it will show, even more clearly than now, that during these +as well as in his previous campaigns he was the steadfast Centre +about and on which everything else turned. + + + + +CHAPTER IX. + +ORDERED TO GREENSBORO', N. C.--MARCH TO THE DAN RIVER--ASSIGNED TO +THE COMMAND WEST OF THE MISSISSIPPI--LEAVING WASHINGTON--FLIGHT OF +GENERAL EARLY--MAXIMILIAN--MAKING DEMONSTRATIONS ON THE UPPER RIO +GRANDE--CONFEDERATES JOIN MAXIMILIAN--THE FRENCH INVASION OF MEXICO +AND ITS RELATIONS TO THE REBELLION--ASSISTING THE LIBERALS +--RESTORATION OF THE REPUBLIC. + +The surrender at Appomattox put a stop to all military operations on +the part of General Grant's forces, and the morning of April 10 my +cavalry began its march to Petersburg, the men anticipating that they +would soon be mustered out and returned to their homes. At Nottoway +Court House I heard of the assassination of the President. The first +news came to us the night after the dastardly deed, the telegraph +operator having taken it from the wires while in transmission to +General Meade. The despatch ran that Mr. Lincoln had been, shot at +10 o'clock that morning at Willard's Hotel, but as I could conceive +of nothing to take the President there I set the story down as a +canard, and went to bed without giving it further thought. Next +morning, however, an official telegram confirmed the fact of the +assassination, though eliminating the distorted circumstances that +had been communicated the night before. + +When we reached Petersburg my column was halted, and instructions +given me to march the cavalry and the Sixth Corps to Greensboro', +North Carolina, for the purpose of aiding General Sherman (the +surrender of General Johnston having not yet been effected), so I +made the necessary preparations and moved on the 24th of April, +arriving at South Boston, on the Dan River, the 28th, the Sixth Corps +having reached Danville meanwhile. At South Boston I received a +despatch from General Halleck, who immediately after Lee's surrender +had been assigned to command at Richmond, informing me that General +Johnston had been brought to terms. The necessity for going farther +south being thus obviated we retraced our steps to Petersburg, from +which place I proceeded by steamer to Washington, leaving, the +cavalry to be marched thither by easy stages. + +The day after my arrival in Washington an important order was sent +me, accompanied by the following letter of instructions, transferring +me to a new field of operations: + + +"HEADQUARTERS ARMIES OF THE UNITED STATES. +"Washington, D. C., May 17, 1865. + +"GENERAL: Under the orders relieving you from the command of the +Middle Military Division and assigning you to command west of the +Mississippi, you will proceed without delay to the West to arrange +all preliminaries for your new field of duties. + +"Your duty is to restore Texas, and that part of Louisiana held by +the enemy, to the Union in the shortest practicable time, in a way +most effectual for securing permanent peace. + +"To do this, you will be given all the troops that can be spared +by Major-General Canby, probably twenty-five thousand men of +all arms; the troops with Major-General J. J. Reynolds, in Arkansas, +say twelve thousand, Reynolds to command; the Fourth +Army Corps, now at Nashville, Tennessee, awaiting orders; and +the Twenty-Fifth Army Corps, now at City Point, Virginia, ready +to embark. + +"I do not wish to trammel you with instructions; I will state, +however, that if Smith holds out, without even an ostensible +government to receive orders from or to report to, he and his men are +not entitled to the considerations due to an acknowledged +belligerent. Theirs are the conditions of outlaws, making war +against the only Government having an existence over the territory +where war is now being waged. + +"You may notify the rebel commander west of the Mississippi--holding +intercourse with him in person, or through such officers of the rank +of major-general as you may select--that he will be allowed to +surrender all his forces on the same terms as were accorded to Lee +and Johnston. If he accedes, proceed to garrison the Red River as +high up as Shreveport, the seaboard at Galveston, Malagorda Bay, +Corpus Christi, and mouth of the Rio Grande. + +"Place a strong force on the Rio Grande, holding it at least to a +point opposite Camargo, and above that if supplies can be procured. + +"In case of an active campaign (a hostile one) I think a heavy force +should be put on the Rio Grande as a first preliminary. Troops for +this might be started at once. The Twenty-Fifth Corps is now +available, and to it should be added a force of white troops, say +those now under Major-General Steele. + +"To be clear on this last point, I think the Rio Grande should be +strongly held, whether the forces in Texas surrender or not, and that +no time should be lost in getting troops there. If war is to be +made, they will be in the right place; if Kirby Smith surrenders, +they will be on the line which is to be strongly garrisoned. + +"Should any force be necessary other than those designated, they can +be had by calling for them on Army Headquarters. + +"U. S. GRANT, +"Lieutenant-General. + +"To MAJOR-GENERAL P. H. SHERIDAN, +"United States Army." + + +On receipt of these instructions I called at once on General Grant, +to see if they were to be considered so pressing as to preclude my +remaining in Washington till after the Grand Review, which was fixed +for the 23d and 24th of May, for naturally I had a strong desire to +head my command on that great occasion. But the General told me that +it was absolutely necessary to go at once to force the surrender of +the Confederates under Kirby Smith. He also told me that the States +lately in rebellion would be embraced in two or three military +departments, the commanders of which would control civil affairs +until Congress took action about restoring them to the Union, since +that course would not only be economical and simple, but would give +the Southern people confidence, and encourage them to go to work, +instead of distracting them with politics. + +At this same interview he informed me that there was an additional +motive in sending me to the new command, a motive not explained by +the instructions themselves, and went on to say that, as a matter of +fact, he looked upon the invasion of Mexico by Maximilian as a part +of the rebellion itself, because of the encouragement that invasion +had received from the Confederacy, and that our success in putting +down secession would never be complete till the French and Austrian +invaders were compelled to quit the territory of our sister republic. +With regard to this matter, though, he said it would be necessary for +me to act with great circumspection, since the Secretary of State, +Mr. Seward, was much opposed to the use of our troops along the +border in any active way that would be likely to involve us in a war +with European powers. + +Under the circumstances, my disappointment at not being permitted to +participate in the review had to be submitted to, and I left +Washington without an opportunity of seeing again in a body the men +who, while under my command, had gone through so many trials and +unremittingly pursued and, assailed the enemy, from the beginning of +the campaign of 1864 till the white flag came into their hands at +Appomattox Court House. + +I went first to St. Louis, and there took the steamboat for New +Orleans, and when near the mouth of the Red River received word from +General Canby that Kirby Smith had surrendered under terms similar to +those accorded Lee and Johnston. But the surrender was not carried +out in good faith, particularly by the Texas troops, though this I +did not learn till some little time afterward when I was informed +that they had marched off to the interior of the State in several +organized bodies, carrying with them their camp equipage, arms, +ammunition, and even some artillery, with the ultimate purpose of +going to Mexico. In consequence of this, and also because of the +desire of the Government to make a strong showing of force in Texas, +I decided to traverse the State with two columns of cavalry, +directing one to San Antonio under Merritt, the other to Houston +under Custer. Both commands were to start from the Red River +--Shreveport and Alexandria--being the respective initial points--and +in organizing the columns, to the mounted force already on the Red +River were added several regiments of cavalry from the east bank of +the, Mississippi, and in a singular way one of these fell upon the +trail of my old antagonist, General Early. While crossing the river +somewhere below Vicksburg some of the men noticed a suspicious +looking party being ferried over in a rowboat, behind which two +horses were swimming in tow. Chase was given, and the horses, being +abandoned by the party, fell into the hands of our troopers, who, +however, failed to capture or identify the people in the boat. As +subsequently ascertained, the men were companions of Early, who was +already across the Mississippi, hidden in the woods, on his way with +two or three of these followers to join the Confederates in Texas, +not having heard of Kirby Smith's surrender. A week or two later I +received a letter from Early describing the affair, and the capture +of the horses, for which he claimed pay, on the ground that they were +private property, because he had taken them in battle. The letter +also said that any further pursuit of Early would be useless, as he +"expected to be on the deep blue sea" by the time his communication +reached me. The unfortunate man was fleeing from imaginary dangers, +however, for striking his trail was purely accidental, and no effort +whatever was being made to arrest him personally. Had this been +especially desired it might have been accomplished very readily just +after Lee's surrender, for it was an open secret that Early was then +not far away, pretty badly disabled with rheumatism. + +By the time the two columns were ready to set out for San Antonio and +Houston, General Frank Herron,--with one division of the Thirteenth +Corps, occupied Galveston, and another division under General Fred +Steele had gone to Brazos Santiago, to hold Brownsville and the line +of the Rio Grande, the object being to prevent, as far as possible, +the escaping Confederates from joining Maximilian. With this purpose +in view, and not forgetting Grant's conviction that the French +invasion of Mexico was linked with the rebellion, I asked for an +increase of force to send troops into Texas in fact, to concentrate +at available points in the State an army strong enough to move +against the invaders of Mexico if occasion demanded. The Fourth and +Twenty-fifth army corps being ordered to report to me, accordingly, I +sent the Fourth Corps to Victoria and San Antonio, and the bulk of +the Twenty-fifth to Brownsville. Then came the feeding and caring +for all these troops--a difficult matter--for those at Victoria and +San Antonio had to be provisioned overland from Indianola across the +"hog-wallow prairie," while the supplies for the forces at +Brownsville and along the Rio Grande must come by way of Brazos +Santiago, from which point I was obliged to construct, with the labor +of the men, a railroad to Clarksville, a distance of about eighteen +miles. + +The latter part of June I repaired to Brownsville myself to impress +the Imperialists, as much as possible, with the idea that we intended +hostilities, and took along my chief of scouts--Major Young--and four +of his most trusty men, whom I had had sent from Washington. From +Brownsville I despatched all these men to important points in +northern Mexico, to glean information regarding the movements of the +Imperial forces, and also to gather intelligence about the +ex-Confederates who had crossed the Rio Grande. On information +furnished by these scouts, I caused General Steele to make +demonstrations all along the lower Rio Grande, and at the same time +demanded the return of certain munitions of war that had been turned +over by ex-Confederates to the Imperial General (Mejia) commanding at +Matamoras. These demands, backed up as they were by such a +formidable show of force created much agitation and demoralization +among the Imperial troops, and measures looking to the abandonment of +northern Mexico were forthwith adopted by those in authority--a +policy that would have resulted in the speedy evacuation of the +entire country by Maximilian, had not our Government weakened; +contenting itself with a few pieces of the contraband artillery +varnished over with the Imperial apologies. A golden opportunity was +lost, for we had ample excuse for crossing the boundary, but Mr. +Seward being, as I have already stated, unalterably opposed to any +act likely to involve us in war, insisted on his course of +negotiation with Napoleon. + +As the summer wore away, Maximilian, under Mr. Seward's policy, +gained in strength till finally all the accessible sections of Mexico +were in his possession, and the Republic under President Juarez +almost succumbed. Growing impatient at this, in the latter part of +September I decided to try again what virtue there might be in a +hostile demonstration, and selected the upper Rio Grande for the +scene of my attempt. Merritt's cavalry and the Fourth Corps still +being at San Antonio, I went to that place and reviewed these troops, +and having prepared them with some ostentation for a campaign, of +course it was bruited about that we were going to invade Mexico. +Then, escorted by a regiment of horse I proceeded hastily to Fort +Duncan, on the Rio Grande just opposite the Mexican town of Piedras +Negras. Here I opened communication with President Juarez, through +one of his staff, taking care not to do this in the dark, and the +news, spreading like wildfire, the greatest significance was ascribed +to my action, it being reported most positively and with many +specific details that I was only awaiting the arrival of the troops, +then under marching orders at San Antonio, to cross the Rio Grande in +behalf of the Liberal cause. + +Ample corroboration of the reports then circulated was found in my +inquiries regarding the quantity of forage we could depend upon +getting in Mexico, our arrangements for its purchase, and my sending +a pontoon train to Brownsville, together with which was cited the +renewed activity of the troops along the lower Rio Grande. These +reports and demonstrations resulted in alarming the Imperialists so +much that they withdrew the French and Austrian soldiers from +Matamoras, and practically abandoned the whole of northern Mexico as +far down as Monterey, with the exception of Matamoras, where General +Mejia continued to hang on with a garrison of renegade Mexicans. + +The abandonment of so much territory in northern Mexico encouraged +General Escobedo and other Liberal leaders to such a degree that they +collected a considerable army of their followers at Comargo, Mier, +and other points. At the same time that unknown quantity, Cortinas, +suspended his free-booting for the nonce, and stoutly harassing +Matamoras, succeeded in keeping its Imperial garrison within the +fortifications. Thus countenanced and stimulated, and largely +supplied with arms and ammunition, which we left at convenient places +on our side of the river to fall into their hands, the Liberals, +under General Escobedo--a man of much force of character--were +enabled in northern Mexico to place the affairs of the Republic on a +substantial basis. + +But in the midst of what bade fair to cause a final withdrawal of the +foreigners, we were again checked by our Government, as a result of +representations of the French Minister at Washington. In October, he +wrote to Mr. Seward that the United States troops on the Rio Grande +were acting "in exact opposition to the repeated assurances Your +Excellency has given me concerning the desire of the Cabinet at +Washington to preserve the most strict neutrality in the events now +taking place in Mexico," and followed this statement with an emphatic +protest against our course. Without any investigation whatever by +our State Department, this letter of the French Minister was +transmitted to me, accompanied by directions to preserve a strict +neutrality; so, of course, we were again debarred from anything like +active sympathy. + +After this, it required the patience of Job to abide the slow and +poky methods of our State Department, and, in truth, it was often +very difficult to restrain officers and men from crossing the Rio +Grande with hostile purpose. Within the knowledge of my troops, +there had gone on formerly the transfer of organized bodies of +ex-Confederates to Mexico, in aid of the Imperialists, and at this +period it was known that there was in preparation an immigration +scheme having in view the colonizing, at Cordova and one or two other +places, of all the discontented elements of the defunct Confederacy +--Generals Price, Magruder, Maury, and other high personages being +promoters of the enterprise, which Maximilian took to readily. He +saw in it the possibilities of a staunch support to his throne, and +therefore not only sanctioned the project, but encouraged it with +large grants of land, inspirited the promoters with titles of +nobility, and, in addition, instituted a system of peonage, expecting +that the silver hook thus baited would be largely swallowed by the +Southern people. + +The announcement of the scheme was followed by the appointment of +commissioners in each of the Southern States to send out emigrants; +but before any were deluded into starting, I made to General Grant a +report of what was going on, with the recommendation that measures be +taken, through our State Department, looking to the suppression of +the colony; but, as usual, nothing could be effected through that +channel; so, as an alternative, I published, in April, 1866, by +authority of General Grant, an order prohibiting the embarkation from +ports in Louisiana and Texas, for ports in Mexico, of any person +without a permit from my headquarters. This dampened the ardor of +everybody in the Gulf States who had planned to go to Mexico; and +although the projectors of the Cordova Colonization Scheme--the name +by which it was known--secured a few innocents from other districts, +yet this set-back led ultimately to failure. + +Among the Liberal leaders along the Rio Grande during this period +there sprang up many factional differences from various causes, some +personal, others political, and some, I regret to say, from downright +moral obliquity--as, for example, those between Cortinas and Canales +--who, though generally hostile to the Imperialists, were freebooters +enough to take a shy at each other frequently, and now and then even +to join forces against Escobedo, unless we prevented them by coaxing +or threats. A general who could unite these several factions was +therefore greatly needed, and on my return to New Orleans I so +telegraphed General Grant, and he, thinking General Caravajal (then +in Washington seeking aid for the Republic) would answer the purpose, +persuaded him to report to me in New Orleans. Caravajal promptly +appeared, but he did not impress me very favorably. He was old and +cranky, yet, as he seemed anxious to do his best, I sent him over to +Brownsville, with credentials, authorizing him to cross into Mexico, +and followed him myself by the next boat. When I arrived in +Brownsville, matters in Matamoras had already reached a crisis. +General Mejia, feeling keenly the moral support we were giving the +Liberals, and hard pressed by the harassing attacks of Cortinas and +Canales, had abandoned the place, and Caravajal, because of his +credentials from our side, was in command, much to the +dissatisfaction of both those chiefs whose differences it was +intended he should reconcile. + +The, day after I got to Brownsville I visited Matamoras, and had a +long interview with Caravajal. The outcome of this meeting was, on +my part, a stronger conviction than ever that he was unsuitable, and +I feared that either Canales or Cortinas would get possession of the +city. Caravajal made too many professions of what he would do--in +short, bragged too much--but as there was no help for the situation, +I made the best of it by trying to smooth down the ruffled feathers +of Canales and Cortinas. In my interview with Caravajal I +recommended Major Young as a confidential man, whom he could rely +upon as a "go-between" for communicating with our people at +Brownsville, and whom he could trust to keep him informed of the +affairs of his own country as well. + +A day or two afterward I recrossed the Gulf to New Orleans, and then, +being called from my headquarters to the interior of Texas, a +fortnight passed before I heard anything from Brownsville. In the +meanwhile Major Young had come to New Orleans, and organized there a +band of men to act as a body-guard for Caravajal, the old wretch +having induced him to accept the proposition by representing that it +had my concurrence. I at once condemned the whole business, but +Young, having been furnished with seven thousand dollars to recruit +the men and buy their arms, had already secured both, and was so +deeply involved in the transaction, he said, that he could not +withdraw without dishonor, and with tears in his eyes he besought me +to help him. He told me he had entered upon the adventure in the +firm belief that I would countenance it; that the men and their +equipment were on his hands; that he must make good his word at all +hazards; and that while I need not approve, yet I must go far enough +to consent to the departure of the men, and to loan him the money +necessary to provision his party and hire a schooner to carry them to +Brazos. It was hard in deed to resist the appeals of this man, who +had served me so long and so well, and the result of his pleading was +that I gave him permission to sail, and also loaned him the sum asked +for; but I have never ceased to regret my consent, for misfortune +fell upon the enterprise almost from its inception. + +By the time the party got across the Gulf and over to Brownsville, +Caravajal had been deposed by Canales, and the latter would not +accept their services. This left Young with about fifty men to whom +he was accountable, and as he had no money to procure them +subsistence, they were in a bad fix. The only thing left to do was +to tender their services to General Escobedo, and with this in view +the party set out to reach the General's camp, marching up the Rio +Grande on the American side, intending to cross near Ringgold Bar +racks. In advance of them, however, had spread far and wide the +tidings of who they were, what they proposed to do, and where they +were going, and before they could cross into Mexico they were +attacked by a party of ex-Confederates and renegade Mexican +rancheros. Being on American soil, Young forbade his men to return +the fire, and bent all his efforts to getting them over the river; +but in this attempt they were broken up, and became completely +demoralized. A number of the men were drowned while swimming the +river, Young himself was shot and killed, a few were captured, and +those who escaped--about twenty in all--finally joined Escobedo, but +in such a plight as to be of little use. With this distressing +affair came to an end pretty much all open participation of American +sympathizers with the Liberal cause, but the moral support afforded +by the presence of our forces continued, and this was frequently +supplemented with material aid in the shape of munitions of war, +which we liberally supplied, though constrained to do so by the most +secret methods. + +The term of office of Juarez as President of the Mexican Republic +expired in December, 1865, but to meet existing exigencies he had +continued himself in office by proclamation, a course rendered +necessary by the fact that no elections could be held on account of +the Imperial occupation of most of the country. The official who, by +the Mexican Constitution, is designated for the succession in such an +emergency, is the President of the Supreme Court, and the person then +eligible under this provision was General Ortega, but in the interest +of the Imperialists he had absented himself from Mexico, hence the +patriotic course of Juarez in continuing himself at the head of +affairs was a necessity of the situation. This action of the +President gave the Imperialists little concern at first, but with the +revival of the Liberal cause they availed themselves of every means +to divide its supporters, and Ortega, who had been lying low in the +United States, now came forward to claim the Presidency. Though +ridiculously late for such a step, his first act was to issue a +manifesto protesting against the assumption of the executive +authority by Juarez. The protest had little effect, however, and his +next proceeding was to come to New Orleans, get into correspondence +with other disaffected Mexicans, and thus perfect his plans. When he +thought his intrigue ripe enough for action, he sailed for Brazos, +intending to cross the Rio Grande and assert his claims with arms. +While he was scheming in New Orleans, however, I had learned what he +was up to, and in advance of his departure had sent instructions to +have him arrested on American soil. Colonel Sedgwick, commanding at +Brownsville, was now temporary master of Matamoras also, by reason of +having stationed some American troops there for the protection of +neutral merchants, so when Ortega appeared at Brazos, Sedgwick +quietly arrested him and held him till the city of Matamoras was +turned over to General Escobedo, the authorized representative of +Juarez; then Escobedo took charge, of Ortega, and with ease prevented +his further machinations. + +During the winter and spring of 1866 we continued covertly supplying +arms and ammunition to the Liberals--sending as many as 30,000 +muskets from Baton Rouge Arsenal alone--and by mid-summer Juarez, +having organized a pretty good sized army, was in possession of the +whole line of the Rio Grande, and, in fact, of nearly the whole of +Mexico down to San Louis Potosi. Then thick and fast came rumors +pointing to the tottering condition of Maximilian's Empire-first, +that Orizaba and Vera Cruz were being fortified; then, that the +French were to be withdrawn; and later came the intelligence that the +Empress Carlotta had gone home to beg assistance from Napoleon, the +author of all of her husband's troubles. But the situation forced +Napoleon to turn a deaf ear to Carlotta's prayers. The brokenhearted +woman besought him on her knees, but his fear of losing an army made +all pleadings vain. In fact, as I ascertained by the following +cablegram which came into my hands, Napoleon's instructions for the +French evacuation were in Mexico at the very time of this pathetic +scene between him and Carlotta. The despatch was in cipher when I +received it, but was translated by the telegraph operator at my +headquarters, who long before had mastered the key of the French +cipher: + +"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La. + +"To GENERAL CASTELNAU, at Mexico. + +"Received your despatch of the 9th December. Do not compel the +Emperor to abdicate, but do not delay the departure of the troops; +bring back all those who will not remain there. Most of the fleet +has left. + +"NAPOLEON." + + +This meant the immediate withdrawal of the French. The rest of the +story--which has necessarily been but in outline--is soon told. +Maximilian, though deserted, determined to hold out to the last, and +with the aid of disloyal Mexicans stuck to his cause till the spring. +When taken prisoner at Queretaro, he was tried and executed under +circumstances that are well known. From promptings of humanity +Secretary Seward tried hard to save the Imperial prisoner, but +without success. The Secretary's plea for mercy was sent through me +at New Orleans, and to make speed I hired a steamer to proceed with +it across the Gulf to Tampico. The document was carried by Sergeant +White, one of my scouts, who crossed the country from Tampico, and +delivered it to Escobedo at Queretaro; but Mr. Seward's +representations were without avail--refused probably because little +mercy had been shown certain Liberal leaders unfortunate enough to +fall into Maximilian's hands during the prosperous days of his +Empire. + +At the close of our war there was little hope for the Republic of +Mexico. Indeed, till our troops were concentrated on the Rio Grande +there was none. Our appearance in such force along the border +permitted the Liberal leaders, refugees from their homes, to +establish rendezvous whence they could promulgate their plans in +safety, while the countenance thus given the cause, when hope was +well-nigh gone, incited the Mexican people to renewed resistance. +Beginning again with very scant means, for they had lost about all, +the Liberals saw their cause, under the influence of such significant +and powerful backing, progress and steadily grow so strong that +within two years Imperialism had received its death-blow. I doubt +very much whether such, results could have been achieved without the +presence of an American army on the Rio Grande, which, be it +remembered, was sent there because, in General Grant's words, the +French invasion of Mexico was so closely related to the rebellion as +to be essentially a part of it. + + + + +CHAPTER X. + +A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS--ASSEMBLES A +CONSTITUTIONAL CONVENTION--THE TEXANS DISSATISFIED--LAWLESSNESS +--OPPRESSIVE LEGISLATION--EX-CONFEDERATES CONTROLLING LOUISIANA--A +CONSTITUTIONAL CONVENTION--THE MEETING SUPPRESSED--A BLOODY RIOT--MY +REPORTS OF THE MASSACRE--PORTIONS SUPPRESSED BY PRESIDENT JOHNSON +--SUSTAINED BY A CONGRESSIONAL COMMITTEE--THE RECONSTRUCTION LAWS. + +Although in 1865-66 much of my attention was directed to +international matters along the Rio Grande, the civil affairs of +Texas and Louisiana required a certain amount of military supervision +also in the absence of regularly established civil authority. At the +time of Kirby Smith's surrender the National Government had +formulated no plan with regard to these or the other States lately in +rebellion, though a provisional Government had been set up in +Louisiana as early as 1864. In consequence of this lack of system, +Governor Pendleton Murray, of Texas, who was elected under +Confederate rule, continued to discharge the duties of Governor till +President Johnson, on June 17, in harmony with his amnesty +proclamation of May 29, 1865, appointed A. J. Hamilton provisional +Governor. Hamilton was empowered by the President to call a +Constitutional convention, the delegates to which were to be elected, +under certain prescribed qualifications, for the purpose of +organizing the political affairs of the State, the Governor to be +guided by instructions similar to those given the provisional +Governor of North Carolina (W. W. Holden), when appointed in May. + +The convening of this body gave rise to much dissatisfaction among +the people of Texas. They had assumed that affairs were to go on as +of old, and that the reintegration of the State was to take place +under the administration of Governor Murray, who, meanwhile, had +taken it upon himself, together with the Legislature, to authorize +the election of delegates to a State Convention, without restriction +as to who should be entitled to vote. Thus encouraged, the element +but lately in armed rebellion was now fully bent on restoring the +State to the Union without any intervention whatever of the Federal +Government; but the advent of Hamilton put an end to such illusions, +since his proclamation promptly disfranchised the element in +question, whose consequent disappointment and chagrin were so great +as to render this factor of the community almost uncontrollable. The +provisional Governor at once rescinded the edict of Governor Murray, +prohibited the assembling of his convention, and shortly after +called, one himself, the delegates to which were to b chosen by +voters who could take the amnesty-oath. The proclamation convening +this assemblage also announced the policy that would be pursued in +governing the State until its affairs were satisfactorily +reorganized, defined in brief the course to be followed by the +Judiciary, and provided for the appointment, by the Governor, of +county officials to succeed those known to be disloyal. As this +action of Hamilton's disfranchised all who could not take the amnesty +oath, and of course deprived them of the offices, it met at once with +pronounced and serious opposition, and he quickly realized that he +had on his hands an arduous task to protect the colored people, +particularly as in the transition state of society just after the +close of the war there prevailed much lawlessness, which vented +itself chiefly on the freedmen. It was greatly feared that political +rights were to be given those so recently in servitude, and as it was +generally believed that such enfranchisement would precipitate a race +war unless the freedmen were overawed and kept in a state of +subjection, acts of intimidation were soon reported from all parts of +the State. + +Hamilton, an able, determined, and fearless man, tried hard to curb +this terrorism, but public opinion being strong against him, he could +accomplish little without military aid. As department commander, I +was required, whenever called upon, to assist his government, and as +these requisitions for help became necessarily very frequent, the +result was that shortly after he assumed his duties, detachments of +troops were stationed in nearly every county of the State. By such +disposition of my forces fairly good order was maintained under the +administration of Hamilton, and all went well till the inauguration +of J. W. Throckmorton, who, elected Governor in pursuance of an +authorization granted by the convention which Hamilton had called +together, assumed the duties of the office August 9, 1866. + +One of Governor Throckmorton's first acts was to ask the withdrawal +or non-interference of the military. This was not all granted, but +under his ingenious persuasion President Johnson, on the 13th of +August, 1866, directed that the new State officials be entrusted with +the unhampered control of civil affairs, and this was more than +enough to revive the bulldozing methods that had characterized the +beginning of Hamilton's administration. Oppressive legislation in +the shape of certain apprentice and vagrant laws quickly followed, +developing a policy of gross injustice toward the colored people on +the part of the courts, and a reign of lawlessness and disorder +ensued which, throughout the remote districts of the State at least, +continued till Congress, by what are known as the Reconstruction +Acts, took into its own hands the rehabilitation of the seceded +States. + +In the State of Louisiana a provisional government, chosen by the +loyal element, had been put in operation, as already mentioned, as +early as 1864. This was effected under encouragement given by +President Lincoln, through the medium of a Constitutional convention, +which met at New Orleans in April, 1864, and adjourned in July. The +constitution then agreed upon was submitted to the people, and in +September, 1864, was ratified by a vote of the few loyal residents of +the State. + +The government provided under this constitution being looked upon as +provisional merely, was never recognized by Congress, and in 1865 the +returned Confederates, restored to citizenship by the President's +amnesty proclamation, soon got control of almost all the State. The +Legislature was in their hands, as well as most of the State and +municipal offices; so, when the President, on the 20th of August, +1866, by proclamation, extended his previous instructions regarding +civil affairs in Texas so as to have them apply to all the seceded +States, there at once began in Louisiana a system of discriminative +legislation directed against the freedmen, that led to flagrant +wrongs in the enforcement of labor contracts, and in the remote +parishes to numbers of outrages and murders. + +To remedy this deplorable condition of things, it was proposed, by +those who had established the government of 1864, to remodel the +constitution of the State; and they sought to do this by reassembling +the convention, that body before its adjournment having provided for +reconvening under certain conditions, in obedience to the call of its +president. Therefore, early in the summer of 1866, many members of +this convention met in conference at New Orleans, and decided that a +necessity existed for reconvening the delegates, and a proclamation +was issued accordingly by B. K. Howell, President-pro-tempore. + +Mayor John T. Monroe and the other officials of New Orleans looked +upon this proposed action as revolutionary, and by the time the +convention assembled (July 30), such bitterness of feeling prevailed +that efforts were made by the mayor and city police to suppress the +meeting. A bloody riot followed, resulting, in the killing and +wounding of about a hundred and sixty persons. + +I happened to be absent from the city at the time, returning from +Texas, where I had been called by affairs on the Rio Grande. On my +way up from the mouth of the Mississippi I was met on the night of +July 30 by one of my staff, who reported what had occurred, giving +the details of the massacre--no milder term is fitting--and informing +me that, to prevent further slaughter, General Baird, the senior +military officer present, had assumed control of the municipal +government. On reaching the city I made an investigation, and that +night sent the following report of the affair: + +"HEADQUARTERS MILITARY DIVISION OF THE GULF, +"NEW ORLEANS, LA., Aug. 1, 1866. + +"GENERAL U. S. GRANT: + +"You are doubtless aware of the serious riot which occurred in this +city on the 30th. A political body, styling themselves the +Convention of 1864, met on the 30th, for, as it is alleged, the +purpose of remodeling the present constitution of the State. The +leaders were political agitators and revolutionary men, and the +action of the convention was liable to produce breaches of the public +peace. I had made up my mind to arrest the head men, if the +proceedings of the convention were calculated to disturb the +tranquility of the Department; but I had no cause for action until +they committed the overt act. In the meantime official duty called +me to Texas, and the mayor of the city, during my absence suppressed +the convention by the use of the police force, and in so doing +attacked the members of the convention, and a party of two hundred +negroes, with fire-arms, clubs, and knives, in a manner so +unnecessary and atrocious as to compel me to say that it was murder. +About forty whites and blacks were thus killed, and about one hundred +and sixty wounded. Everything is now quiet, but I deem it best to +maintain a military supremacy in the city for a few days, until the +affair is fully investigated. I believe the sentiment of the general +community is great regret at this unnecessary cruelty, and that the +police could have made any arrest they saw fit without sacrificing +lives. + +"P. H. SHERIDAN, +"Major-General Commanding." + + +On receiving the telegram, General Grant immediately submitted. it +to the President. Much clamor being made at the North for the +publication of the despatch, Mr. Johnson pretended to give it to the +newspapers. It appeared in the issues of August 4, but with this +paragraph omitted, viz.: + +"I had made up my mind to arrest the head men, if the proceedings of +the convention were calculated to disturb the tranquility of the +Department, but I had no cause for action until they committed the +overt act. In the mean time official duty called me to Texas, and +the mayor of the city, during my absence, suppressed the convention +by the use of the police force, and in so doing attacked the members +of the convention, and a party of two hundred negroes, with +fire-arms, clubs, and knives, in a manner so unnecessary and atrocious +as to compel me to say it was murder." + +Against this garbling of my report--done by the President's own order +--I strongly demurred; and this emphatic protest marks the beginning of +Mr. Johnson's well-known personal hostility toward me. In the mean +time I received (on August 3) the following despatch from General Grant +approving my course: + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"WAR DEPT., WASHINGTON, D. C., "August 3, 1866--5 p.m. + +"MAJOR-GENERAL P. H. SHERIDAN, +"Commanding Mil. Div. of the Gulf, +"New Orleans, La. + +"Continue to enforce martial law, so far as may be necessary to +preserve the peace; and do not allow any of the civil authorities to +act, if you deem such action dangerous to the public safety. Lose no +time in investigating and reporting the causes that led to the riot, +and the facts which occurred. + +"U. S. GRANT, +"Lieutenant-General." + + +In obedience to the President's directions, My report of August 1 was +followed by another, more in detail, which I give in full, since it +tells the whole story of the riot: + +"HEADQUARTERS MILITARY DIVISION OF THE GULF, +"NEW ORLEANS, LA., August 6, 1866. + +"His EXCELLENCY ANDREW JOHNSON, +"President United States + +"I have the honor to make the following reply to your despatch of +August 4. A very large number of colored people marched in +procession on Friday night, July twenty-seven (27), and were +addressed from the steps of the City Hall by Dr. Dostie, ex-Governor +Hahn, and others. The speech of Dostie was intemperate in language +and sentiment. The speeches of the others, so far as I can learn, +were characterized by moderation. I have not given you the words of +Dostie's speech, as the version published was denied; but from what I +have learned of the man, I believe they were intemperate. + +"The convention assembled at twelve (12) M. on the thirtieth (30), +the timid members absenting themselves because the tone of the +general public was ominous of trouble. I think there were about +twenty-six (26) members present. In front of the Mechanics +Institute, where the meeting was held, there were assembled some +colored men, women, and children, perhaps eighteen (18) or twenty +(20), and in the Institute a number of colored men, probably one +hundred and fifty (150). Among those outside and inside there might +have been a pistol in the possession of every tenth (10) man. + +"About one (1) p. m. a procession of say from sixty (60) to one +hundred and thirty (130) colored men marched up Burgundy Street and +across Canal Street toward the convention, carrying an American flag. +These men had about one pistol to every ten men, and canes and clubs +in addition. While crossing Canal Street a row occurred. There were +many spectators on the street, and their manner and tone toward the +procession unfriendly. A shot was fired, by whom I am not able to +state, but believe it to have been by a policeman, or some colored +man in the procession. This led to other shots and a rush after the +procession. On arrival at the front of the Institute there was some +throwing of brickbats by both sides. The police, who had been held +well in hand, were vigorously marched to the scene of disorder. The +procession entered the Institute with the flag, about six (6) or +eight (8) remaining outside. A row occurred between a policeman and +one of these colored men, and a shot was again fired by one of the +parties, which led to an indiscriminate fire on the building through +the windows by the policemen. This had been going on for a short +time, when a white flag was displayed from the windows of the +Institute, whereupon the firing ceased, and the police rushed into +the building. + +"From the testimony of wounded men, and others who were inside the +building, the policemen opened an indiscriminate fire upon the +audience until they had emptied their revolvers, when they retired, +and those inside barricaded the doors. The door was broken in, and +the firing again commenced, when many of the colored and white people +either escaped throughout the door or were passed out by the +policemen inside; but as they came out the policemen who formed the +circle nearest the building fired upon them, and they were again +fired upon by the citizens that formed the outer circle. Many of +those wounded and taken prisoners, and others who were prisoners and +not wounded, were fired upon by their captors and by citizens. The +wounded were stabbed while lying on the ground, and their heads +beaten with brickbats. In the yard of the building, whither some of +the colored men had escaped and partially secreted themselves, they +were fired upon and killed or wounded by policemen. Some were killed +and wounded several squares from the scene. Members of the +convention were wounded by the police while in their hands as +prisoners, some of them mortally. + +"The immediate cause of this terrible affair was the assemblage of +this Convention; the remote cause was the bitter and antagonistic +feeling which has been growing in this community since the advent of +the present Mayor, who, in the organization of his police force, +selected many desperate men, and some of them known murderers. +People of clear views were overawed by want of confidence in the +Mayor, and fear of the thugs, many of which he had selected for his +police force. I have frequently been spoken to by prominent citizens +on this subject, and have heard them express fear, and want of +confidence in Mayor Monroe. Ever since the intimation of this last +convention movement I must condemn the course of several of the city +papers for supporting, by their articles, the bitter feeling of bad +men. As to the merciless manner in which the convention was broken +up, I feel obliged to confess strong repugnance. + +"It is useless to disguise the hostility that exists on the part of a +great many here toward Northern men, and this unfortunate affair has +so precipitated matters that there is now a test of what shall be the +status of Northern men--whether they can live here without being in +constant dread or not, whether they can be protected in life and +property, and have justice in the courts. If this matter is +permitted to pass over without a thorough and determined prosecution +of those engaged in it, we may look out for frequent scenes of the +same kind, not only here, but in other places. No steps have as yet +been taken by the civil authorities to arrest citizens who were +engaged in this massacre, or policemen who perpetrated such +cruelties. The members of the convention have been indicted by the +grand jury, and many of them arrested and held to bail. As to +whether the civil authorities can mete out ample justice to the +guilty parties on both sides, I must say it is my opinion, +unequivocally, that they cannot. Judge Abell, whose course I have +closely watched for nearly a year, I now consider one of the most +dangerous men that we have here to the peace and quiet of the city. +The leading men of the convention--King, Cutler, Hahn, and others +--have been political agitators, and are bad men. I regret to say that +the course of Governor Wells has been vacillating, and that during the +late trouble he has shown very little of the man. + +"P. H. SHERIDAN, +"Major-General Commanding." + + +Subsequently a military commission investigated the subject of the +riot, taking a great deal of testimony. The commission substantially +confirmed the conclusions given in my despatches, and still later +there was an investigation by a select committee of the House of +Representatives, of which the Honorables Samuel Shellabarger, of +Ohio, H. L. Elliot, of Massachusetts, and B. M. Boyer, of +Pennsylvania, were the members. The majority report of the committee +also corroborated, in all essentials, my reports of the distressing +occurrence. The committee likewise called attention to a violent +speech made by Mr. Johnson at St. Louis in September, 1866, charging +the origin of the riot to Congress, and went on to say of the speech +that "it was an unwarranted and unjust expression of hostile feeling, +without pretext or foundation in fact." A list of the killed and +wounded was embraced in the committee's report, and among other +conclusions reached were the following: "That the meeting of July 30 +was a meeting of quiet citizens, who came together without arms and +with intent peaceably to discuss questions of public concern.... +There has been no occasion during our National history when a riot +has occurred so destitute of justifiable cause, resulting in a +massacre so inhuman and fiend-like, as that which took place at New +Orleans on the 30th of July last. This riotous attack upon the +convention, with its terrible results of massacre and murder, was not +an accident. It was the determined purpose of the mayor of the city +of New Orleans to break up this convention by armed force." + +The statement is also made, that, "He [the President] knew that +'rebels' and 'thugs' and disloyal men had controlled the election of +Mayor Monroe, and that such men composed chiefly his police force." + +The committee held that no legal government existed in Louisiana, and +recommended the temporary establishment of a provisional government +therein; the report concluding that "in the meantime the safety of +all Union men within the State demands that such government be formed +for their protection, for the well being of the nation and the +permanent peace of the Republic." + +The New Orleans riot agitated the whole country, and the official and +other reports served to intensify and concentrate the opposition to +President Johnson's policy of reconstruction, a policy resting +exclusively on and inspired solely by the executive authority--for it +was made plain, by his language and his acts, that he was seeking to +rehabilitate the seceded States under conditions differing not a whit +from those existing before the rebellion; that is to say, without the +slightest constitutional provision regarding the status of the +emancipated slaves, and with no assurances of protection for men who +had remained loyal in the war. + +In December, 1866, Congress took hold of the subject with such vigor +as to promise relief from all these perplexing disorders, and, after +much investigation and a great deal of debate, there resulted the +so-called "Reconstruction Laws," which, for a clear understanding of +the powers conferred on the military commanders, I deem best to append +in full: + +AN ACT to provide for the more efficient government of the rebel +States. + +WHEREAS, no legal State governments or adequate protection for life +or property now exist in the rebel States of Virginia, North +Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, +Florida, Texas, and Arkansas; and whereas, it is necessary that peace +and good order should be enforced in said States until loyal and +republican State governments can be legally established; therefore, + +BE IT ENACTED by the Senate and House of Representatives of the +United States of America in Congress assembled, That said rebel +States shall be divided into military districts and made subject to +the military authority of the United States as hereinafter +prescribed; and for that purpose Virginia shall constitute the first +district; North Carolina and South Carolina, the second district; +Georgia, Alabama, and Florida, the third district; Mississippi and +Arkansas, the fourth district; and Louisiana and Texas, the fifth +district. + +SEC. 2. And be it further enacted, That it shall be the duty of the +President to assign to the command of each of said districts an +officer of the army not below the rank of brigadier-general, and to +detail a sufficient military force to enable such officer to perform +his duties and enforce his authority within the district to which he +is assigned. + +SEC. 3. And be it further enacted, That it shall be the duty of each +officer assigned as aforesaid to protect all persons in their rights +of person and property, to suppress insurrection, disorder, and +violence, and to punish, or cause to be punished, all disturbers of +the public peace and criminals, and to this end he may allow local +civil tribunals to take jurisdiction of and to try offenders, or, +when in his judgment it may be necessary for the trial of offenders, +he shall have power to organize military commissions or tribunals for +that purpose, and all interference, under cover of State authority, +with the exercise of military authority under this act, shall be null +and void. + +SEC. 4. And be it further enacted, That all persons put under +military arrest by virtue of this act shall be tried without +unnecessary delay, and no cruel or unjust punishment shall be +inflicted; and no sentence of any military commission or tribunal +hereby authorized affecting the life or liberty of any person, shall +be executed until it is approved by the officer in command of the +district; and the laws and regulations for the government of the army +shall not be affected by this act except in so far as they conflict +with its provisions: Provided, That no sentence of death, under the +provisions of this act, shall be carried into effect without the +approval of the President. + +SEC. 5. And be it further enacted, That when the people of any one of +said rebel States shall have formed a constitution of government in +conformity with the Constitution of the United States in all +respects, framed by a convention of delegates elected by the male +citizens of said State twenty-one years old and upward, of whatever +race, color, or previous condition, who have been resident in said +State for one year previous to the day of such election, except such +as may be disfranchised for participation in the rebellion, or for +felony at common law; and when such constitution shall provide that +the elective franchise shall be enjoyed by all such persons as have +the qualifications herein stated for electors of delegates; and when +such constitution shall be ratified by a majority of the persons +voting on the question of ratification who are qualified as electors +for delegates, and when such constitution shall have been submitted +to Congress for examination and approval, and Congress shall have +approved the same; and when said State, by a vote of its legislature +elected under said constitution, shall have adopted the amendment to +the Constitution of the United States proposed by the Thirty-ninth +Congress, and known as article fourteen; and when said article shall +have become a part of the Constitution of the United States, said +State shall be declared entitled to representation in Congress, and +senators and representatives shall be admitted therefrom on their +taking the oath prescribed by law; and then and thereafter the +preceding sections of this act shall be inoperative in said State: +Provided, That no person excluded from the privilege of holding +office by said proposed amendment to the Constitution of the United +States shall be eligible to election as a member of the convention to +frame a constitution for any of said rebel States, nor shall any such +person vote for members of such convention. + +SEC. 6. And be it further enacted, That until the people of said +rebel States shall be by law admitted to representation in the +Congress of the United States, any civil government which may exist +therein shall be deemed provisional only, and in all respects subject +to the paramount authority of the United States at any time to +abolish, modify, control, or supersede the same; and in all elections +to any office under such provisional governments all persons shall be +entitled to vote, and none others, who are entitled to vote under the +fifth section of this act; and no person shall be eligible to any +office under any such provisional governments who would be +disqualified from holding office under the provisions of the third +article of said constitutional amendment. + +SCHUYLER COLFAX, +Speaker of the House of Representatives. + +LAFAYETTE S. FOSTER, +President of the Senate pro tempore. + + +AN ACT supplementary to an act entitled "An act to provide for the +more efficient government of the rebel States," passed March second, +eighteen hundred and sixty-seven, and to facilitate restoration. + +Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That before the first +day of September, eighteen hundred and sixty-seven, the commanding +general in each district defined by an act entitled "An act to +provide for the more efficient government of the rebel States," +passed March second, eighteen hundred and sixty-seven, shall cause a +registration to be made of the male citizens of the United States, +twenty-one years of age and upwards, resident in each county or +parish in the State or States included in his district, which +registration shall include only those persons who are qualified to +vote for delegates by the act aforesaid, and who shall have taken and +subscribed the following oath or affirmation: "I,------, do +solemnly swear (or affirm), in the presence of the Almighty God, that +I am a citizen of the State of ---------; that I have resided in said +State for----- months next preceding this day, and now reside in the +county of -------, or the parish of --------, in said State, (as the +case may be); that I am twenty-one years old; that I have not been +disfranchised for participation in any rebellion or civil war against +the United States, nor for felony committed against the laws of any +State or of the United States; that I have never been a member of any +State Legislature, nor held any executive or judicial office in any +State, and afterwards engaged in insurrection or rebellion against +the United States, or given aid or comfort to the enemies thereof; +that I have never taken an oath as a member of Congress of the United +States, or as an officer of the United States, or as a member of any +State Legislature, or as an executive or judicial officer of any +State, to support the constitution of the United States, and +afterwards engaged in insurrection or rebellion against the United +States or given aid or comfort to the enemies thereof; that I will +faithfully support the Constitution and obey the laws of the United +States, and will, to the best of my ability, encourage others so to +do: so help me God."; which oath or affirmation may be administered +by any registering officer. + +SEC. 2. And be it further enacted, That after the completion of the +registration hereby provided for in any State, at such time and +places therein as the commanding general shall appoint and direct, of +which at least thirty days' public notice shall be given, an election +shall be held of delegates to a convention for the purpose of +establishing a constitution and civil government for such State loyal +to the Union, said convention in each State, except Virginia, to +consist of the same number of members as the most numerous branch of +the State Legislature of such State in the year eighteen hundred and +sixty, to be apportioned among the several districts, counties, or +parishes of such State by the commanding general, giving each +representation in the ratio of voters registered as aforesaid as +nearly as may be. The convention in Virginia shall consist of the +same number of members as represented the territory now constituting +Virginia in the most numerous branch of the Legislature of said State +in the year eighteen hundred and sixty, to be apportioned as +aforesaid. + +SEC. 3. And be it further enacted, That at said election the +registered voters of each State shall vote for or against a +convention to form a constitution therefor under this act. Those +voting in favor of such a convention shall have written or printed on +the ballots by which they vote for delegates, as aforesaid, the words +"For a convention," and those voting against such a convention shall +have written or printed on such ballot the words "Against a +convention." The persons appointed to superintend said election, and +to make return of the votes given thereat, as herein provided, shall +count and make return of the votes given for and against a +convention; and the commanding general to whom the same shall have +been returned shall ascertain and declare the total vote in each +State for and against a convention. If a majority of the votes given +on that question shall be for a convention, then such convention +shall be held as hereinafter provided; but if a majority of said +votes shall, be against a convention, then no such convention shall +be held under this act: Provided, That such convention shall not be +held unless a majority of all such registered voters shall have voted +on the question of holding such convention. + +SEC. 4. And be it further enacted, That the commanding general of +each district shall appoint as many boards of registration as may be +necessary, consisting of three loyal officers or persons, to make and +complete the registration, superintend the election, and make return +to him of the votes, list of voters, and of the persons elected as +delegates by a plurality of the votes cast at said election; and upon +receiving said returns he shall open the same, ascertain the persons +elected as delegates, according to the returns of the officers who +conducted said election, and make proclamation thereof; and if a +majority of the votes given on that question shall be for a +convention, the commanding general, within sixty days from the date +of election, shall notify the delegates to assemble in convention, at +a time and place to be mentioned in the notification, and said +convention, when organized, shall proceed to frame a constitution and +civil government according to the provisions of this act, and the act +to which it is supplementary; and when the same shall have been so +framed, said constitution shall be submitted by the convention for +ratification to the persons registered under the provisions of this +act at an election to be conducted by the officers or persons +appointed or to be appointed by the commanding general, as +hereinbefore provided, and to be held after the expiration of thirty +days from the date of notice thereof, to be given by said convention; +and the returns thereof shall be made to the commanding general of +the district. + +SEC. 5. And be it further enacted, That if, according to said +returns, the constitution shall be ratified by a majority of the +votes of the registered electors qualified as herein specified, cast +at said election, at least one-half of all the registered voters +voting upon the question of such ratification, the president of the +convention shall transmit a copy of the same, duly certified, to the +President of the United States, who shall forthwith transmit the same +to Congress, if then in session, and if not in session, then +immediately upon its next assembling; and if it shall moreover appear +to Congress that the election was one at which all the registered and +qualified electors in the State had an opportunity to vote freely, +and without restraint, fear, or the influence of fraud, and if the +Congress shall be satisfied that such constitution meets the approval +of a majority of all the qualified electors in the State, and if the +said constitution shall be declared by Congress to be in conformity +with the provisions of the act to which this is supplementary, and +the other provisions of said act shall have been complied with, and +the said constitution shall be approved by Congress, the State shall +be declared entitled to representation, and senators and +representatives shall be admitted therefrom as therein provided. + +SEC. 6. And be it further enacted, That all elections in the States +mentioned in the said "Act to provide for the more efficient +government of the rebel States" shall, during the operation of said +act, be by ballot; and all officers making the said registration of +voters and conducting said elections, shall, before entering upon the +discharge of their duties, take and subscribe the oath prescribed by +the act approved July second, eighteen hundred and sixty-two, +entitled "An act to prescribe an oath of office": Provided, That if +any person shall knowingly and falsely take and subscribe any oath in +this act prescribed, such person so offending and being thereof duly +convicted, shall be subject to the pains, penalties, and disabilities +which by law are provided for the punishment of the crime of wilful +and corrupt perjury. + +SEC. 7. And be if further enacted, That all expenses incurred by the +several commanding generals, or by virtue of any orders issued, or +appointments made, by them, under or by virtue of this act, shall be +paid out of any moneys in the treasury not otherwise appropriated. + +SEC. 8. And be it further enacted, That the convention for each State +shall prescribe the fees, salary, and compensation to be paid to all +delegates and other officers and agents herein authorized or +necessary to carry into effect the purposes of this act not herein +otherwise provided for, and shall provide for the levy and collection +of such taxes on the property in such State as may be necessary to +pay the same. + +SEC. 9. And be it further enacted, That the word "article," in the +sixth section of the act to which this is supplementary, shall be +construed to mean, "section." + +SCHUYLER COLFAX, +Speaker of the House of Representatives. + +B. F. WADE, +President of the Senate pro tempore. + + + + +CHAPTER XI. + +PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETO--PLACED +IN COMMAND OF THE FIFTH MILITARY DISTRICT--REMOVING OFFICERS--MY +REASONS FOR SUCH ACTION--AFFAIRS IN LOUISIANA AND TEXAS--REMOVAL OF +GOVERNOR WELLS--REVISION OF THE JURY LISTS--RELIEVED FROM THE COMMAND +OF THE FIFTH MILITARY DISTRICT. + +The first of the Reconstruction laws was passed March 2, 1867, and +though vetoed by the President, such was the unanimity of loyal +sentiment and the urgency demanding the measure, that the bill became +a law over the veto the day the President returned it to Congress. +March the 11th this law was published in General Orders No. 10, from +the Headquarters of the Army, the same order assigning certain +officers to take charge of the five military districts into which the +States lately in rebellion were subdivided, I being announced as the +commander of the Fifth Military District, which embraced Louisiana +and Texas, a territory that had formed the main portion of my command +since the close of the war. + +Between the date of the Act and that of my assignment, the Louisiana +Legislature, then in special session, had rejected a proposed repeal +of an Act it had previously passed providing for an election of +certain municipal officers in New Orleans. This election was set for +March 11, but the mayor and the chief of police, together with +General Mower, commanding the troops in the city, having expressed to +me personally their fears that the public peace would be disturbed by +the election, I, in this emergency, though not yet assigned to the +district, assuming the authority which the Act conferred on district +commanders, declared that the election should not take place; that no +polls should be opened on the day fixed; and that the whole matter +would stand postponed till the district commander should be +appointed, or special instructions be had. This, my first official +act under the Reconstruction laws, was rendered necessary by the +course of a body of obstructionists, who had already begun to give +unequivocal indications of their intention to ignore the laws of +Congress. + +A copy of the order embodying the Reconstruction law, together with +my assignment, having reached me a few days after, I regularly +assumed control of the Fifth Military District on March 19, by an +order wherein I declared the State and municipal governments of the +district to be provisional only, and, under the provisions of the +sixth section of the Act, subject to be controlled, modified, +superseded, or abolished. I also announced that no removals from +office would be made unless the incumbents failed to carry out the +provisions of the law or impeded reorganization, or unless willful +delays should necessitate a change, and added: "Pending the +reorganization, it is, desirable and intended to create as little +disturbance in the machinery of the various branches of the +provisional governments as possible, consistent with the law of +Congress and its successful execution, but this condition is +dependent upon the disposition shown by the people, and upon the +length of time required for reorganization." + +Under these limitations Louisiana and Texas retained their former +designations as military districts, the officers in command +exercising their military powers as heretofore. In addition, these +officers were to carry out in their respective commands all +provisions of the law except those specially requiring the action of +the district commander, and in cases of removals from and appointment +to office. + +In the course of legislation the first Reconstruction act, as I have +heretofore noted, had been vetoed. On the very day of the veto, +however, despite the President's adverse action, it passed each House +of Congress by such an overwhelming majority as not only to give it +the effect of law, but to prove clearly that the plan of +reconstruction presented was, beyond question, the policy endorsed by +the people of the country. It was, therefore, my determination to +see to the law's zealous execution in my district, though I felt +certain that the President would endeavor to embarrass me by every +means in his power, not only on account of his pronounced personal +hostility, but also because of his determination not to execute but +to obstruct the measures enacted by Congress. + +Having come to this conclusion, I laid down, as a rule for my +guidance, the principle of non-interference with the provisional +State governments, and though many appeals were made to have me +rescind rulings of the courts, or interpose to forestall some +presupposed action to be taken by them, my invariable reply was that +I would not take cognizance of such matters, except in cases of +absolute necessity. The same policy was announced also in reference +to municipal affairs throughout the district, so long as the action +of the local officers did not conflict with the law. + +In a very short time, however, I was obliged to interfere in +municipal matters in New Orleans, for it had become clearly apparent +that several of the officials were, both by acts of omission and +commission, ignoring the law, so on the 27th of March I removed from +office the Mayor, John T. Monroe; the Judge of the First District +Court, E. Abell; and the Attorney-General of the State, Andrew S. +Herron; at the same time appointing to the respective offices thus +vacated Edward Heath, W. W. Howe, and B. L. Lynch. The officials +thus removed had taken upon themselves from the start to pronounce +the Reconstruction acts unconstitutional, and to advise such a course +of obstruction that I found it necessary at an early dav to replace +them by men in sympathy with the law, in order to make plain my +determination to have its provisions enforced. The President at once +made inquiry, through General Grant, for the cause of the removal, +and I replied: + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"New Orleans, La., April 19, 1867. + +"GENERAL: On the 27th day of March last I removed from office Judge +E. Abell, of the Criminal Court of New Orleans; Andrew S. Herron, +Attorney-General of the State of Louisiana; and John T. Monroe, Mayor +of the City of New Orleans. These removals were made under the +powers granted me in what is usually termed the 'military bill,' +passed March 2, 1867, by the Congress of the United States. + +"I did not deem it necessary to give any reason for the removal of +these men, especially after the investigations made by the military +board on the massacre Of July 30, 1866, and the report of the +congressional committee on the same massacre; but as some inquiry has +been made for the cause of removal, I would respectfully state as +follows: + +"The court over which judge Abell presided is the only criminal court +in the city of New Orleans, and for a period of at least nine months +previous to the riot Of July 30 he had been educating a large portion +of the community to the perpetration of this outrage, by almost +promising no prosecution in his court against the offenders, in case +such an event occurred. The records of his court will show that he +fulfilled his promise, as not one of the guilty has been prosecuted. + +"In reference to Andrew J. Herron, Attorney-General of the State of +Louisiana, I considered it his duty to indict these men before this +criminal court. This he failed to do, but went so far as to attempt +to impose on the good sense of the whole nation by indicting the +victims of the riot instead of the rioters; in other words, making +the innocent guilty and the guilty innocent. He was therefore, in my +belief, an able coadjutor with judge Abell in bringing on the +massacre of July 30. + +"Mayor Monroe controlled the element engaged in this riot, and when +backed by an attorney-general who would not prosecute the guilty, and +a judge who advised the grand jury to find the innocent guilty and +let the murderers go free, felt secure in engaging his police force +in the riot and massacre. + +"With these three men exercising a large influence over the worst +elements of the population of this city, giving to those elements an +immunity for riot and bloodshed, the general-in-chief will see how +insecurely I felt in letting them occupy their respective positions +in the troubles which might occur in registration and voting in the +reorganization of this State. + +"I am, General, very respectfully, your obedient servant, + +"P. H. SHERIDAN, +"Major-General U. S. A. + + +"GENERAL U. S. GRANT, +"Commanding Armies of the United States, +"Washington, D. C." + + +To General Grant my reasons were satisfactory, but not so to the +President, who took no steps, however, to rescind my action, for he +knew that the removals were commended by well-nigh the entire +community in the city, for it will be understood that Mr. Johnson +was, through his friends and adherents in Louisiana and Texas, kept +constantly advised of every step taken by me. Many of these persons +were active and open opponents of mine, while others were spies, +doing their work so secretly and quickly that sometimes Mr. Johnson +knew of my official acts before I could report them to General Grant. + +The supplemental Reconstruction act which defined the method of +reconstruction became a law despite the President's veto on March 23. +This was a curative act, authorizing elections and prescribing +methods of registration. When it reached me officially I began +measures for carrying out its provisions, and on the 28th of March +issued an order to the effect that no elections for the State, +parish, or municipal officers would be held in Louisiana until the +provisions of the laws of Congress entitled "An act to provide for +the more efficient government of the rebel States," and of the act +supplemental thereto, should have been complied with. I also +announced that until elections were held in accordance with these +acts, the law of the Legislature of the State providing for the +holding over of those persons whose terms of office otherwise would +have expired, would govern in all cases excepting only those special +ones in which I myself might take action. There was one parish, +Livingston, which this order did no reach in time to prevent the +election previously ordered there, and which therefore took place, +but by a supplemental order this election was declare null and void. + +In April. I began the work of administering the Supplemental Law, +which, under certain condition of eligibility, required a +registration of the voter of the State, for the purpose of electing +delegate to a Constitutional convention. It therefore became +necessary to appoint Boards of Registration throughout the election +districts, and on April 10 the boards for the Parish of Orleans were +given out, those for the other parishes being appointed ten days +later. Before announcing these boards, I had asked to be advised +definitely as to what persons were disfranchised by the law, and was +directed by General Grant to act upon my own interpretation of it, +pending an opinion expected shortly from the Attorney-General--Mr. +Henry Stanbery--so, for the guidance of the boards, I gave the +following instructions: + +"HEADQUARTERS FIFTH MILITARY DISTRICT. +"New Orleans, La., April 10, 1867. + +"Special Orders, No. 15. + +"....In obedience to the directions contained in the first section of +the Law of Congress entitled "An Act supplemental to an Act entitled +'An Act to provide for the more efficient government of the rebel +States'" the registration of the legal voters, according to that law +in the Parish of Orleans, will be commenced on the 15th instant, and +must be completed by the 15th of May. + +"The four municipal districts of the City of New Orleans and the +Parish of Orleans, right bank (Algiers), will each constitute a +Registration district. Election precincts will remain as at present +constituted. + +"....Each member of the Board of Registers, before commencing his +duties, will file in the office of the Assistant-Inspector-General at +these headquarters, the oath required in the sixth section of the Act +referred to, and be governed in the execution of his duty by the +provisions of the first section of that Act, faithfully administering +the oath therein prescribed to each person registered. + +"Boards of Registers will immediately select suitable offices within +their respective districts, having reference to convenience and +facility of registration, and will enter upon their duties on the day +designated. Each Board will be entitled to two clerks. Office-hours +for registration will be from 8 o'clock till 12 A. M., and from 4 +till 7 P. M. + +"When elections are ordered, the Board of Registers for each district +will designate the number of polls and the places where they shall be +opened in the election precincts within its district, appoint the +commissioners and other officers necessary for properly conducting +the elections, and will superintend the same. + +"They will also receive from the commissioners of elections of the +different precincts the result of the vote, consolidate the same, and +forward it to the commanding general. + +"Registers and all officers connected with elections will be held to +a rigid accountability and will be subject to trial by military +commission for fraud, or unlawful or improper conduct in the +performance of their duties. Their rate of compensation and manner +of payment will be in accordance with the provisions of sections six +and seven of the supplemental act. + +"....Every male citizen of the United States, twenty-one years old +and upward, of whatever race, color, or previous condition, who has +been resident in the State of Louisiana for one year and Parish of +Orleans for three months previous to the date at which he presents +himself for registration, and who has not been disfranchised by act +of Congress or for felony at common law, shall, after having taken +and subscribed the oath prescribed in the first section of the act +herein referred to, be entitled to be, and shall be, registered as a +legal voter in the Parish of Orleans and State of Louisiana. + +"Pending the decision of the Attorney-General of the United States on +the question as to who are disfranchised by law, registers will give +the most rigid interpretation to the law, and exclude from +registration every person about whose right to vote there may be a +doubt. Any person so excluded who may, under the decision of the +Attorney-General, be entitled to vote, shall be permitted to register +after that decision is received, due notice of which will be given. + +"By command of Major-General P. H. SHERIDAN, + +"GEO. L. HARTSUFF, +"Assistant Adjutant-General." + + +The parish Boards of Registration were composed of three members +each. Ability to take what was known as the "ironclad oath" was the +qualification exacted of the members, and they were prohibited from +becoming candidates for office. In the execution of their duties +they were to be governed by the provisions of the supplemental act. +It was also made one of their functions to designate the number and +location of the polling-places in the several districts, to appoint +commissioners for receiving the votes and in general to attend to +such other matters as were necessary, in order properly to conduct +the voting, and afterward to receive from the commissioners the +result of the vote and forward it to my headquarters. These +registers, and all other officers having to do with elections, were +to be held to a rigid accountability, and be subject to trial by +military commission for fraud or unlawful or improper conduct in the +performance of their duties; and in order to be certain that the +Registration Boards performed their work faithfully and +intelligently, officers of the army were appointed as supervisors. +To this end the parishes were grouped together conveniently in +temporary districts, each officer having from three to five parishes +to supervise. The programme thus mapped out for carrying out the law +in Louisiana was likewise adhered to in Texas, and indeed was +followed as a model in some of the other military districts. + +Although Military Commissions were fully authorized by the +Reconstruction acts, yet I did not favor their use in governing the +district, and probably would never have convened one had these acts +been observed in good faith. I much preferred that the civil courts, +and the State and municipal authorities already in existence, should +perform their functions without military control or interference, but +occasionally, because the civil authorities neglected their duty, I +was obliged to resort to this means to ensure the punishment Of +offenders. At this time the condition of the negroes in Texas and +Louisiana was lamentable, though, in fact, not worse than that of the +few white loyalists who had been true to the Union during the war. +These last were singled out as special objects of attack, and were, +therefore, obliged at all times to be on the alert for the protection +of their lives and property. This was the natural outcome of Mr. +Johnson's defiance of Congress, coupled with the sudden conversion to +his cause of persons in the North--who but a short time before had +been his bitterest enemies; for all this had aroused among the +disaffected element new hopes of power and place, hopes of being at +once put in political control again, with a resumption of their +functions in State and National matters without any preliminary +authorization by Congress. In fact, it was not only hoped, but +expected, that things were presently to go on just as if there had +been no war. + +In the State of Texas there were in 1865 about 200,000 of the colored +race-roughly, a third of the entire population--while in Louisiana +there were not less than 350,000, or more than one-half of all the +people in the State. Until the enactment of the Reconstruction laws +these negroes were without rights, and though they had been liberated +by the war, Mr. Johnson's policy now proposed that they should have +no political status at all, and consequently be at the mercy of a +people who, recently their masters, now seemed to look upon them as +the authors of all the misfortunes that had come upon the land. +Under these circumstances the blacks naturally turned for protection +to those who had been the means of their liberation, and it would +have been little less than inhuman to deny them sympathy. Their +freedom had been given them, and it was the plain duty of those in +authority to make it secure, and screen them from the bitter +political resentment that beset them, and to see that they had a fair +chance in the battle of life. Therefore, when outrages and murders +grew frequent, and the aid of the military power was an absolute +necessity for the protection of life, I employed it unhesitatingly +--the guilty parties being brought to trial before military +commissions--and for a time, at least, there occurred a halt in the +march of terrorism inaugurated by the people whom Mr. Johnson had +deluded. + +The first, Military Commission was convened to try the case of John +W. Walker, charged with shooting a negro in the parish of St. John. +The proper civil authorities had made no effort to arrest Walker, and +even connived at his escape, so I had him taken into custody in New +Orleans, and ordered him tried, the commission finding him guilty, +and sentencing him to confinement in the penitentiary for six months. +This shooting was the third occurrence of the kind that had taken +place in St. John's parish, a negro being wounded in each case, and +it was plain that the intention was to institute there a practice of +intimidation which should be effective to subject the freedmen to the +will of their late masters, whether in making labor contracts, or in +case these newly enfranchised negroes should evince a disposition to +avail themselves of the privilege to vote. + +The trial and conviction of Walker, and of one or two others for +similar outrages, soon put a stop to every kind of "bull-dozing" in +the country parishes; but about this time I discovered that many +members of the police force in New Orleans were covertly intimidating +the freedmen there, and preventing their appearance at the +registration offices, using milder methods than had obtained in the +country, it is true, but none the less effective. + +Early in 1866 the Legislature had passed an act which created for the +police of New Orleans a residence qualification, the object of which +was to discharge and exclude from the force ex-Union soldiers. This +of course would make room for the appointment of ex-Confederates, and +Mayor Monroe had not been slow in enforcing the provisions of the +law. It was, in fact, a result of this enactment that the police was +so reorganized as to become the willing and efficient tool which it +proved to be in the riot of 1866; and having still the same +personnel, it was now in shape to prevent registration by threats, +unwarranted arrests, and by various other influences, all operating +to keep the timid blacks away from the registration places. + +That the police were taking a hand in this practice of repression, I +first discovered by the conduct of the assistant to the chief of the +body, and at once removed the offender, but finding this ineffectual +I annulled that part of the State law fixing the five years' +residence restriction, and restored the two years' qualification, +thus enabling Mayor Heath, who by my appointment had succeeded +Monroe, to organize the force anew, and take about one-half of its +members from ex-Union soldiers who when discharged had settled in New +Orleans. This action put an end to intimidation in the parish of +Orleans; and now were put in operation in all sections the processes +provided by the supplemental Reconstruction law for the summoning of +a convention to form a Constitution preparatory to the readmission of +the State, and I was full of hope that there would now be much less +difficulty in administering the trust imposed by Congress. + +During the two years previous great damage had been done the +agricultural interests of Louisiana by the overflow of the +Mississippi, the levees being so badly broken as to require extensive +repairs, and the Legislature of 1866 had appropriated for the purpose +$4,000,000, to be raised by an issue of bonds. This money was to be +disbursed by a Board of Levee Commissioners then in existence, but +the term of service of these commissioners, and the law creating the +board, would expire in the spring of 1867. In order to overcome this +difficulty the Legislature passed a bill continuing the commissioners +in office but as the act was passed inside of ten days before the +adjournment of the Legislature, Governor Wells pocketed the bill, and +it failed to become a law. The Governor then appointed a board of +his own, without any warrant of law whatever. The old commissioners +refused to recognize this new board, and of course a conflict of +authority ensued, which, it was clear, would lead to vicious results +if allowed to continue; so, as the people of the State had no +confidence in either of the boards, I decided to end the contention +summarily by appointing an entirely new commission, which would +disburse the money honestly, and further the real purpose for which +it had been appropriated. When I took this course the legislative +board acquiesced, but Governor Wells immediately requested the +President to revoke my order, which, however, was not done, but +meanwhile the Secretary of War directed me to suspend all proceedings +in the matter, and make a report of the facts. I complied in the +following telegram: + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"NEW ORLEANS, La., June 3, 1867. + +"SIR: I have the honor to acknowledge the receipt of your telegram of +this date in reference to the Levee Commissioners in this State. + +"The following were my reasons for abolishing the two former boards, +although I intended that my order should be sufficiently explanatory: + +"Previous to the adjournment of the Legislature last winter it passed +an act continuing the old Levee board in office, so that the four +millions of dollars ($4,000,000) in bonds appropriated by the +Legislature might be disbursed by a board of rebellious antecedents. + +"After its adjournment the Governor of the State appointed a board of +his own, in violation of this act, and made the acknowledgment to me +in person that his object was to disburse the money in the interest +of his own party by securing for it the vote of the employees at the +time of election. + +"The board continued in office by the Legislature refused to turn +over to the Governor's board, and each side appealed to me to sustain +it, which I would not do. The question must then have gone to the +courts, which, according to the Governor's judgment when he was +appealing to me to be sustained, would require one year for decision. +Meantime the State was overflowed, the Levee boards tied up by +political chicanery, and nothing done to relieve the poor people, now +fed by the charity of the Government and charitable associations of +the North. + +"To obviate this trouble, and to secure to the overflowed districts +of the State the immediate relief which the honest disbursement of +the four millions ($4,000,000) would give, my order dissolving both +boards was issued. + +"I say now, unequivocally, that Governor Wells is a political +trickster and a dishonest man. I have seen him myself, when I first +came to this command, turn out all the Union men who had supported +the Government, and put in their stead rebel soldiers who had not yet +doffed their gray uniform. I have seen him again, during the July +riot of 1866, skulk away where I could not find him to give him a +guard, instead of coming out as a manly representative of the State +and joining those who were preserving the peace. I have watched him +since, and his conduct has been as sinuous as the mark left in the +dust by the movement of a snake. + +"I say again that he is dishonest, and that dishonesty is more than +must be expected of me. + +"P. H. SHERIDAN, +"Major-General, U. S. A. + +"Hon. E. M. STANTON, +"Secretary of War, Washington, D. C." + + +The same day that I sent my report to the Secretary of War I removed +from office Governor Wells himself, being determined to bear no +longer with the many obstructions he had placed in the way of +reorganizing the civil affairs of the State. I was also satisfied +that he was unfit to retain the place, since he was availing himself +of every opportunity to work political ends beneficial to himself. +In this instance Wells protested to me against his removal, and also +appealed to the President for an opinion of the Attorney-General as +to my power in the case; and doubtless he would have succeeded in +retaining his office, but for the fact that the President had been +informed by General James B. Steadman and others placed to watch me +that Wells was wholly unworthy. + + +"NEW ORLEANS, June 19, 1867. +"ANDREW JOHNSON, President United States, +"Washington City: + +"Lewis D. Campbell leaves New Orleans for home this evening. Want +of respect for Governor Wells personally, alone represses the +expression of indignation felt by all honest and sensible men at the +unwarranted usurpation of General Sheridan in removing the civil +officers of Louisiana. It is believed here that you will reinstate +Wells. He is a bad man, and has no influence. + +"I believe Sheridan made the removals to embarrass you, believing the +feeling at the North would sustain him. My conviction is that on +account of the bad character of Wells and Monroe, you ought not to +reinstate any who have been removed, because you cannot reinstate any +without reinstating all, but you ought to prohibit the exercise of +this power in the future. + +"Respectfully yours, + +"JAMES B. STEADMAN." + + +I appointed Mr. Thomas J. Durant as Wells's successor, but he +declining, I then appointed Mr. Benjamin F. Flanders, who, after I +had sent a staff-officer to forcibly eject Wells in case of +necessity, took possession of the Governor's office. Wells having +vacated, Governor Flanders began immediately the exercise of his +duties in sympathy with the views of Congress, and I then notified +General Grant that I thought he need have no further apprehension +about the condition of affairs in Louisiana, as my appointee was a +man of such integrity and ability that I already felt relieved of +half my labor. I also stated in the same despatch that nothing would +answer in Louisiana but a bold and firm course, and that in taking +such a one I felt that I was strongly supported; a statement that was +then correct, for up to this period the better classes were disposed +to accept the Congressional plan of reconstruction. + +During the controversy over the Levee Commissioners, and the +correspondence regarding the removal of Governor Wells, registration +had gone on under the rules laid down for the boards. The date set +for closing the books was the 3oth of June, but in the parish of +Orleans the time was extended till the 15th of July. This the +President considered too short a period, and therefore directed the +registry lists not to be closed before the 1st of August, unless +there was some good reason to the contrary. This was plainly +designed to keep the books open in order that under the +Attorney-General's interpretation of the Reconstruction laws, published +June 20, many persons who had been excluded by the registration boards +could yet be registered, so I decided to close the registration, unless +required by the President unconditionally, and in specific orders, to +extend the time. My motives were manifold, but the main reasons were +that as two and a half months had been given already, the number of +persons who, under the law, were qualified for registry was about +exhausted; and because of the expense I did not feel warranted in +keeping up the boards longer, as I said, "to suit new issues coming in +at the eleventh hour," which would but open a "broad macadamized road +for perjury and fraud." + +When I thus stated what I intended to do, the opinion of the +Attorney-General had not yet been received. When it did reach me it +was merely in the form of a circular signed by Adjutant-General +Townsend, and had no force of law. It was not even sent as an order, +nor was it accompanied by any instructions, or by anything except the +statement that it was transmitted to the 11 respective military +commanders for their information, in order that there might be +uniformity in the execution of the Reconstruction acts. To adopt +Mr. Stanbery's interpretation of the law and reopen registration +accordingly, would defeat the purpose of Congress, as well as add to +my perplexities. Such a course would also require that the officers +appointed by me for the performance of specified duties, under laws +which I was empowered to interpret and enforce, should receive their +guidance and instructions from an unauthorized source, so on +communicating with General Grant as to how I should act, he directed +me to enforce my own construction of the military bill until ordered +to do otherwise. + +Therefore the registration continued as I had originally directed, +and nothing having been definitely settled at Washington in relation +to my extending the time, on the 10th of July I ordered all the +registration boards to select, immediately, suitable persons to act +as commissioners of election, and at the same time specified the +number of each set of commissioners, designated the polling-places, +gave notice that two days would be allowed for voting, and followed +this with an order discontinuing registration the 31st of July, and +then another appointing the 27th and 28th of September as the time +for the election of delegates to the State convention. + +In accomplishing the registration there had been little opposition +from the mass of the people, but the press of New Orleans, and the +office-holders and office-seekers in the State generally, antagonized +the work bitterly and violently, particularly after the promulgation +of the opinion of the Attorney-General. These agitators condemned +everybody and everything connected with the Congressional plan of +reconstruction; and the pernicious influence thus exerted was +manifested in various ways, but most notably in the selection of +persons to compose the jury lists in the country parishes it also +tempted certain municipal officers in New Orleans to perform illegal +acts that would seriously have affected the credit of the city had +matters not been promptly corrected by the summary removal from +office of the comptroller and the treasurer, who had already issued a +quarter of a million dollars in illegal certificates. On learning of +this unwarranted and unlawful proceeding, Mayor Heath demanded an +investigation by the Common Council, but this body, taking its cue +from the evident intention of the President to render abortive the +Reconstruction acts, refused the mayor's demand. Then he tried to +have the treasurer and comptroller restrained by injunction, but the +city attorney, under the same inspiration as the council, declined to +sue out a writ, and the attorney being supported in this course by +nearly all the other officials, the mayor was left helpless in his +endeavors to preserve the city's credit. Under such circumstances he +took the only step left him--recourse to the military commander; and +after looking into the matter carefully I decided, in the early part +of August, to give the mayor officials who would not refuse to make +an investigation of the illegal issue of certificates, and to this +end I removed the treasurer, surveyor, comptroller, city attorney, +and twenty-two of the aldermen; these officials, and all of their +assistants, having reduced the financial credit of New Orleans to a +disordered condition, and also having made efforts--and being then +engaged in such--to hamper the execution of the Reconstruction laws. + +This action settled matters in the city, but subsequently I had to +remove some officials in the parishes--among them a justice of the +peace and a sheriff in the parish of Rapides; the justice for +refusing to permit negro witnesses to testify in a certain murder +case, and for allowing the murderer, who had foully killed a colored +man, to walk out of his court on bail in the insignificant sum of +five hundred dollars; and the sheriff, for conniving at the escape +from jail of another alleged murderer. Finding, however, even after +these removals, that in the country districts murderers and other +criminals went unpunished, provided the offenses were against negroes +merely (since the jurors were selected exclusively from the whites, +and often embraced those excluded from the exercise of the election +franchise) I, having full authority under the Reconstruction laws, +directed such a revision of the jury lists as would reject from them +every man not eligible for registration as a voter. This order was +issued August 24, and on its promulgation the President relieved me +from duty and assigned General Hancock as my successor. + + +"HEADQUARTERS FIFTH MILITARY DISTRICT, +"NEW ORLEANS, LA., August 24, 1867. + +"SPECIAL ORDERS, No. 125. + +"The registration of voters of the State of Louisiana, according to +the law of Congress, being complete, it is hereby ordered that no +person who is not registered in accordance with said law shall be +considered as, a duly qualified voter of the State of Louisiana. All +persons duly registered as above, and no others, are consequently +eligible, under the laws of the State of Louisiana, to serve as +jurors in any of the courts of the State. + +"The necessary revision of the jury lists will immediately be made by +the proper officers. + +"All the laws of the State respecting exemptions, etc., from jury +duty will remain in force. + +"By command of Major-General P. H. SHERIDAN. + +"GEO. L. HARTNUFF, Asst. Adj't-General." + + +Pending the arrival of General Hancock, I turned over the command of +the district September 1 to General Charles Griffin; but he dying of +yellow fever, General J. A. Mower succeeded him, and retained command +till November 29, on which date General Hancock assumed control. +Immediately after Hancock took charge, he revoked my order of August +24 providing for a revision of the jury lists; and, in short, +President Johnson's policy now became supreme, till Hancock himself +was relieved in March, 1868. + +My official connection with the reconstruction of Louisiana and Texas +practically closed with this order concerning the jury lists. In my +judgment this had become a necessity, for the disaffected element, +sustained as it was by the open sympathy of the President, had grown +so determined in its opposition to the execution of the +Reconstruction acts that I resolved to remove from place and power +all obstacles; for the summer's experience had convinced me that in +no other way could the law be faithfully administered. + +The President had long been dissatisfied with my course; indeed, he +had harbored personal enmity against me ever since he perceived that +he could not bend me to an acceptance of the false position in which +he had tried to place me by garbling my report of the riot of 1866. +When Mr. Johnson decided to remove me, General Grant protested in +these terms, but to no purpose: + +"HEADQUARTERS ARMIES OF THE UNITED STATES, +"WASHINGTON, D. C., August 17, 1867 + +"SIR: I am in receipt of your order of this date directing the +assignment of General G. H. Thomas to the command of the Fifth +Military District, General Sheridan to the Department of the +Missouri, and General Hancock to the Department of the Cumberland; +also your note of this date (enclosing these instructions), saying: +'Before you issue instructions to carry into effect the enclosed +order, I would be pleased to hear any suggestions you may deem +necessary respecting the assignments to which the order refers.' + +"I am pleased to avail myself of this invitation to urge--earnestly +urge--urge in the name of a patriotic people, who have sacrificed +hundreds of thousands of loyal lives and thousands of millions of +treasure to preserve the integrity and union of this country--that +this order be not insisted on. It is unmistakably the expressed wish +of the country that General Sheridan should not be removed from his +present command. + +"This is a republic where the will of the people is the law of the +land. I beg that their voice may be heard. + +"General Sheridan has performed his civil duties faithfully and +intelligently. His removal will only be regarded as an effort to +defeat the laws of Congress. It will be interpreted by the +unreconstructed element in the South--those who did all they could to +break up this Government by arms, and now wish to be the only element +consulted as to the method of restoring order--as a triumph. It will +embolden them to renewed opposition to the will of the loyal masses, +believing that they have the Executive with them. + +"The services of General Thomas in battling for the Union entitle him +to some consideration. He has repeatedly entered his protest against +being assigned to either of the five military districts, and +especially to being assigned to relieve General Sheridan. + +"There are military reasons, pecuniary reasons, and above all, +patriotic reasons, why this should not be insisted upon. + +"I beg to refer to a letter marked 'private,' which I wrote to the +President when first consulted on the subject of the change in the +War Department. It bears upon the subject of this removal, and I had +hoped would have prevented it. + +"I have the honor to be, with great respect, your obedient servant, + +"U. S. GRANT, +"General U. S. A., Secretary of War ad interim. + +"His Excellency A. JOHNSON, +"President of the United States." + + +I was ordered to command the Department of the Missouri (General +Hancock, as already noted, finally becoming my successor in the Fifth +Military District), and left New Orleans on the 5th of September. I +was not loath to go. The kind of duty I had been performing in +Louisiana and Texas was very trying under the most favorable +circumstances, but all the more so in my case, since I had to contend +against the obstructions which the President placed in the way from +persistent opposition to the acts of Congress as well as from +antipathy to me--which obstructions he interposed with all the +boldness and aggressiveness of his peculiar nature. + +On more than one occasion while I was exercising this command, +impurity of motive was imputed to me, but it has never been +truthfully shown (nor can it ever be) that political or corrupt +influences of any kind controlled me in any instance. I simply tried +to carry out, without fear or favor, the Reconstruction acts as they +came to me. They were intended to disfranchise certain persons, and +to enfranchise certain others, and, till decided otherwise, were the +laws of the land; and it was my duty to execute them faithfully, +without regard, on the one hand, for those upon whom it was thought +they bore so heavily, nor, on the other, for this or that political +party, and certainly without deference to those persons sent to +Louisiana to influence my conduct of affairs. + +Some of these missionaries were high officials, both military and +civil, and I recall among others a visit made me in 1866 by a +distinguished friend of the President, Mr. Thomas A. Hendricks. The +purpose of his coming was to convey to me assurances of the very high +esteem in which I was held by the President, and to explain +personally Mr. Johnson's plan of reconstruction, its flawless +constitutionality, and so on. But being on the ground, I had before +me the exhibition of its practical working, saw the oppression and +excesses growing out of it, and in the face of these experiences even +Mr. Hendricks's persuasive eloquence was powerless to convince me of +its beneficence. Later General Lovell H. Rousseau came down on a +like mission, but was no more successful than Mr. Hendricks. + +During the whole period that I commanded in Louisiana and Texas my +position was a most unenviable one. The service was unusual, and the +nature of it scarcely to be understood by those not entirely familiar +with the conditions existing immediately after the war. In +administering the affairs of those States, I never acted except by +authority, and always from conscientious motives. I tried to guard +the rights of everybody in accordance with the law. In this I was +supported by General Grant and opposed by President Johnson. The +former had at heart, above every other consideration, the good of his +country, and always sustained me with approval and kind suggestions. +The course pursued by the President was exactly the opposite, and +seems to prove that in the whole matter of reconstruction he was +governed less by patriotic motives than by personal ambitions. Add +to this his natural obstinacy of character and personal enmity toward +me, and no surprise should be occasioned when I say that I heartily +welcomed the order that lifted from me my unsought burden. + + + + + +End of the Project Gutenberg EBook of The Memoirs of General Philip H. +Sheridan, Vol. II., Part 5, by P. H. 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