USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 14
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dred eighty-five thousand eight hundred and eighty-six dollars and sixty-six cents upon Louisiana for war purposes; but the state, being then at war against the government, paid no atten- tion to the levy. President Lincoln, by declaring in April, 1861, the Gulf coast in a state of blockade, occasioned great incon- venience and hardship to the South. By proclamation of August 16, 1861, he declared Louisiana in a state of insurrection against the government, and all commercial communication with the inhabitants was prohibited. The proclamation of May 12, 1862, opened to commerce the port of New Orleans, but prohibited the introduction of all contraband of war. In April, 1862, congress provided that pecuniary aid should be given to any state that should adopt the gradual abolition of slavery. The proclamation of Gen. David Hunter of May 9, 1862, that all slaves of Geor- gia, Florida and South Carolina should be free, was counter- manded by President Lincoln ten days later; but on September 22, 1862, the president himself declared that on January 1, 1863, the slaves in all states, or parts of certain states designated, then in rebellion against the government, should be forever free. On January 1, 1863, Louisiana was one of the states of which a por- tion was not then at war with the United States. In consequence the slaves were declared free in all portions of the state "except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terrebonne, La- fourche, St. Mary, St. Martin and Orleans, including the city of New Orleans." In February, 1865, congress declared that, as Louisiana was engaged in rebellion against the government on November 8. 1864, and as no valid election of electors for president and vice-president had been held on that date, the state was not entitled to representation in the electoral college.
The legislature which convened in November, 1861, took steps to secure the suspension of the duty on all foreign importations during the war; asked the Confederate congress to increase the pay of Louisiana troops from eleven dollars to fifteen dollars per month ; appropriated fifty thousand dollars in December for the payment of volunteers; thanked Gen. G. T. Beauregard for his fidelity to the South and for his skill at Ft. Sumter, Bull Run and Manassas; appropriated three thousand dollars for a revolv- ing gun invented by G. C. Taylor of Louisiana; thanked Flag Officer George A. Hollis and his men for their splendid victory over the fleet of Captain Pope near the Mississippi delta in Octo- ber, 1861 ; appropriated the sum of two million five hundred thou- sand dollars to meet the heavy war tax levied by the Confeder- ate congress; extended the hospitalities of the state to Gov-
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ernor Jackson of Missouri, then in Louisiana; authorized in January, 1862, the issue of coupon bonds of Louisiana to the amount of one million dollars for military purposes ; appropriated one hundred fifty thousand dollars for the care of sick and wounded Louisiana soldiers and sailors; incorporated the "Asso- ciation for the Relief of Sick and Wounded Soldiers of Louisi- ana ;" authorized free banks organized under the law of 1855 to issue circulating notes up to three-fourths of their capitalization; relieved all banks from liability for having violated their charters in suspending specie payments; acknowledged the indebtedness of Louisiana and the Confederate states to the women of Louisiana for their sacrifices, devotion and efforts in the struggle for inde- pendence ; declared January 26, the day Louisiana passed the ordinance of secession, a legal holiday ; placed the entire militia force of the state on a war footing; postponed the payment of state taxes ; authorized the reception of Confederate States' treas- ury notes in payment of all public dues, and authorized the gov- . ernor to borrow not to exceed seven million dollars for the prose- cution of the war.
By January 1, 1862, Louisiana had furnished for the Con- federate service seventeen regiments and several battalions of infantry, some eight or ten batteries of artillery, and had about 5,000 men enlisted but not mustered in. On December 20, 1861, Adjutant General Grivot reported that 23,577 Louisianians had been mustered into the Confederate service. Early in 1862, the governor, in response to the demands of General Beauregard at Corinth, dispatched to his assistance several thousand men. It was about this time that martial law was proclaimed at New Orleans, General Lovell being in command there. Late in April, as narrated elsewhere, the Federal authorities took pos- session of New Orleans. Preceding this occupation, the Con- federate state authorities removed the seat of government to Shreveport, and continued to exercise their respective functions there during the remainder of the war. In the Confederate States' senate, Louisiana was represented by two senators, and in the Confederate house by six representatives.
Federal authority in and around New Orleans was instituted and maintained first by General Butler. Many of his civic acts were a decided benefit to the disorderly state of affairs. A Fed- cral provost court, with J. M. Bell as judge, was established in June, 1862. In August, Gen. George F. Shepley became mili- tary governor of Louisiana and soon succeeded in establishing courts in three of the adjacent districts. In December, 1862, the United States provisional court for Louisiana, with Charles
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THIE PROVINCE AND THE STATES.
A. Peabody as judge, arrived at New Orleans, having been sent out by President Lincoln. Jolm S. Whittaker became one of the district judges.
The Confederate legislature of May, 1863, which convened at Shreveport, suspended all existing prescriptions during the war and for one year after the conclusion of a treaty of peace between the United States and the Confederate states ; appropriated two thousand five hundred dollars for the sick and wounded soldiers then in the three hospitals at Natchitoches; limited the issuance of circulating notes to chartered banks of the state, with the excep- tion that parochial authorities and incorporated towns and cities might issue circulating notes in denominations of one dollar and less to serve as change, providing provision was made for their redemption by the deposit of Confederate or state treasury notes or the notes of the chartered railroads of the state in the hands of the parish, town or city treasurer, who was required to counter- sign each note so issued. For a violation of this law, a heavy penalty was fixed. This legislature declared all offices vacant, district, parish and municipal, which, since January 26, 1861, when Louisiana seceded, had been occupied by an officer who had taken oath to support the constitution of the United States or had in any way declared allegiance, or had given aid or comfort, information or support, to the United States during the progress of the war. The state impressed slaves for work on fortifications and other defenses, but appropriated five hundred thousand dollars with which to pay owners for losses of such slaves by death or other- wise. The supreme court was authorized to hold a session at Shreveport in July, 1803. This legislature appropriated three hundred thousand dollars "for the relief of the destitute citizens and families lately expelled by the Federal authorities from New Orleans and vicinity," the act having the. following preamble : "WHEREAS, The brutality of our public enemies, having expelled from New Orleans and vicinity, a large number of our citizens and families, residents of that city and vicinity, after having deprived them of their property and landing them destitute on the shores of the States of the Confederacy, the State of Louisiana sympathizes with the distress of those unfortunate citizens."
This legislature also withdrew from private entry or public sale all the public lands within the state, for the purpose of providing with the same permanent homesteads for the families of wounded or deceased soldiers who should serve in the armies of louisiana or of the Confederate states. They made it lawful that, before a person could bring snit in the state before a justice of the peace, he should make oath that he had not taken the oath of allegiance .
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to the United States, had not aided nor comforted the public enemies, and had not transacted business with Federal soldiers. 'The governor was authorized to use five hundred thousand dollars of the fund appropriated the previous January for the support of soldiers' families for the purchase of cotton and wool cards to be given to the families of soldiers and officers at a price that would cover costs and charges. He was further authorized to contract for the construction of two iron-clad gunboats, which, if required, were to be sold to the Confederate government, and one million dollars was appropriated to cover the cost of the same. They prohibited during the war the distillation of "any kind of grain, sugar-molasses or cane-juice" into any sort of intoxicating liquor. They also enacted that any slave who should bear arms against the inhabitants of the state, or should engage in any revolt, rebell- ion, or insurrection, should, upon conviction, suffer death. They passed an act permitting the Confederate government to purchase a tract not to exceed one hundred acres in Caddo parish, upon . which to erect an arsenal, and in a beautiful resolution deplored the death of "Stonewall" Jackson. They appropriated five thiou- sand dollars for the removal of every department of the state gov- ernment if necessary ; authorized the governor to raise troops by voluntary enlistment for the defense of the state; transferred the public land fund to the general fund to be used for current war and other expenses ; provided for the enrollment of all able bodied men between the ages of seventeen and fifty for military duty, granting no substitutes, and appropriated five million dollars to place Louisiana in the best possible state of defense.
Early in 1863 several important questions arose in New Orleans. A provisional judiciary must be chosen, a state government mmist be formed, and the emancipated negroes must be provided for. Immediately the state was divided into two factions, one desiring the election of new state officers under the old constitution changed to meet the new conditions, and the other upon the basis that the old order of affairs was dead and that the state government should be wholly reorganized. A petition sent to Washington to have the old constitution recognized was considered but avoided by President Lincoln. Early in 1864, Banks practically recognized the old constitutional party by ordering an election of all state officers, the election to be held February 22. Opposed to this step was General Shepley, with his "Free State Committee." Under Shepley, Michael Hahn and Benjamin F. Flanders were elected to the Federal congress in December, 1863, from the second and first congressional districts respectively ; but early in 1864,
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although they had been duly seated by congress, they became candidates for governor of reorganized Louisiana. Hahn was the Banks candidate, Flanders of the Free State Men, and J. Q. A. Fellows independent ; the former being elected. The Free State Men declared that there was no legal state government, but Mr. Hahn was inaugurated amid imposing ceremonies on March 4, 1864. Eleven days later he was invested by President Lincoln with the powers of military governor.
Immediately succeeding the inauguration of Governor Hahn, General Banks ordered the election of delegates to a convention to adopt a state constitution ; this order was sanctioned by Governor Hahn, who yet needed military assistance. The election was held March 28, and 97 members were chosen, of whom two were rejected. The convention was decided upon by a vote of 6,836 for, to 1,566 against. It assembled on April 6, organized the next day, and remained in session 78 days, adjourning July 25. The following men were named for congress: M. F. Bonzano, A. P. Field, W. D. Man, T. M. Wells and R. W. Taliferro. A state legislature was elected, and seven electors for president were chosen. Late in 1864, three-fourths of the state was iu possession of the Confederate forces, and the state government was in a languishing condition. The military arm was necessary to sustain order, although Judge Peabody still continued to officiate.
The constitution adopted July 23, 1864, necessarily made great changes in the former organic law of 1852. Slavery and invol- untary servitude were forever abolished, and the legislature was prohibited from making any law that recognized the right of property in man. It was provided that the seat of government should not be changed, but that a session of the legislature should be held at New Orleans on the first Monday of October, 1864. It provided that the special election for members of the legislature should be held on the same day as the election for the ratification of the new constitution, and declared that "the term of office of the first General Assembly should expire as though its members had been elected on the first Monday of November, 1863." Every qualified voter was made eligible to a seat in the assembly. It was further required that the legislature, after making the enumeration, should apportion the representation in the assembly ; that there should be 118 representatives and 31 senators; that whites resident of the state one year, and of the parish three months, should have the right to vote; that the legislature might extend the right of suffrage to other persons, "citizens of the
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United States, who by military service, by taxation to support the Government or by intellectual fitness might be deemed entitled thereto;" that compensation of members of the assembly should be eight dollars per day ; that the governor should receive eight thousand dollars per annum and the lieutenant-governor, five thousand dollars; that there should be a state auditor of public accounts ; that the supreme court should consist of one chief justice and four associate justices ; that no judgment should be rendered by the supreme court without the concurrence of a majority of the judges; that "the privilege of free suffrage should be sup- ported by laws regulating elections and prohibiting under ade- quate penalties, all undue influence thereon from power, bribery, tumult or other improper practices;" that the right of the people against unreasonable searches and seizures should not be violated; that the power of the legislature to grant aid to corporations, except to charitable and industrial associations, should be limited ; that the legislature should have the power to license the selling of. lottery tickets and the keeping of gambling houses ; that the seat of government should be at the city of New Orleans; that nine hours should constitute a day's labor on the public works; that there should be appointed a state engineer to have superintend- ence of the public works; that the assembly might create internal improvement districts ; that the assembly might grant aid to such districts out of the funds arising from the sale of swamp and overflowed lands, and that this constitution should supersede that of 1852.
The constitution of 1864 fixed the salary of the superintendent of public education at four thousand dollars, and authorized the legislature, under certain circumstances, to abolish that office; required the legislature to provide for the education of all chil- dren of the state between the ages of six and sixteen years by maintenance of free public school by taxation or otherwise; that the exercises of the public schools should be in English; that a university should be established in New Orleans, to consist of four faculties, viz: Law, Medicine, Natural Sciences and Let- ters; that the Legislature should provide for its organization and maintenance; that the old fund for the support of the Seminary of Learning should be appropriated to the benefit "of literature and the arts and sciences;" and that "no appropriation should be made by the Legislature for the support of any private school or institution of learning, whatever, but the highest encourage- ment should be granted to public schools throughout the State."
The constitution of 1868 stipulated that the assembly should
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establish at least one free public school in every parish of the state and should provide for its support by taxation or otherwise; that all children of the state between the ages of six and twenty- one, regardless of color, should be admitted to all public schools; that there should be no separate schools on account of race; that the general exercises of the public schools should be in English; that one-half of the poll tax fund should be used for the support of the free public schools and the University of New Orleans; that the state university at New Orleans should be composed of law, medical and collegiate departments, and should admit all students capable of matriculating, and that no law violating the spirit of this stipulation should be passed.
On October 7, 1864, Gov. Michael Hahn, in his message to the legislature, said: "While this State was momentarily placed, by the bad men who had conspired against the national authority, in armed hostility to the Union, no patriot ever conceded, or could with truth or propriety admit, that its people had ever sanc- tioned the atrocious doctrine of secession; and although for a time under the rebel control, as under the Federal military occu- pation, the inalienable rights of the State were in abeyance; they were neither lost nor surrendered."
In speaking of the constitutional convention of 1864, he said: "The convention thus called ably and patriotically performed its great work and the people have cheerfully and nobly ratified it. Slavery can no more exist ; nor can man ever again in Louisiana have or pretend to have property in man. The framers of our new constitution, raised and edneated amid peculiar institutions and with strong prejudices, seeing the existence of their proud nationality imperilled, acted like true patriots, cast aside those institutions, extinguished those prejudices, gave up their prop- erty, and nobly said, 'We will lose all rather than lose our country.'"
Concerning the reorganization of the state government, he said: "The unsettled condition of the country, the absence or destruction of most of the public archives and various other causes have conspired to throw much difficulty in the way of a full organization of a State government. The want of a Legisla- ture and the sudden uprooting of many important yet unwise and illiberal laws and institutions by military orders, render it extremely difficult, if not impossible, for the Executive of the State to perform his duties satisfactorily and understandingly to the public or to properly reconcile and harmonize the various conflicting rules of government and interests of the State."
The president had invested Mr. Hahn "with the powers exer-
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cised hitherto by the Military Governor of Louisiana." He was thus given wide authority-was really given the powers of both civil and military governor. He thus had no reason to offer excuses in advance for what he might do. In his inaugural address he had said, "For the moment civil government must necessarily harmonize with military administration. The very object of the Army of the United States in remaining here is to maintain Louisiana and the neighboring States in the Union ; and the only way of doing this is to disperse and overthrow those who pretend to set up a rebel government, and to guarantee to the loyal a republican form of State government." In view of the subsequent reconstruction policy of the government, it will be observed that Governor Hahn did not dream of what was to be the course of readmission to the Union. The military authorities as well as he himself, presumed that the seceded states could take up the responsibilities of self-government where they had been dropped by the Confederate state authorities. Under that pre- . sumption he went to work to do his best for the state. From March 4 to Sept. 30, 1864, the state treasurer received one million one hundred and eighty-five thousand one hundred and thirty-one dollars and paid out five hundred and forty-one thousand three luundred and forty-seven dollars, leaving a balance on hand of six hundred and forty-three thousand seven hundred and eighty- four dollars, the latter being in Confederate notes received from the former treasurer, which had been left in bank to the credit of the state when the Confederate state authorities fled in 1862.
Governor Hahn, realizing the impoverished condition of the people and the difficulty of collecting taxes, demanded strict economy in all proceedings of the legislature. Hle observed in his message that the banks, upon the approach of the Federal fleet, had removed the most of their valuable assets farther east within the Confederate lines, and that therefore no temporary assistance might be expected from that source. He criticised the banks sharply for this action, and declared that as they had sided with rebellion, they were not entitled to much consideration. Having shipped away all of their specie they were now practic- ally insolvent and could therefore be closed. He ordered the enrollment of all able-bodied men in the state, and recommended such legislation as would speedily heal the wounds of war and the passage of the necessary appropriations.
Special order No. 69, issued by Gen. N. P. Banks on March, 18, 1864, demanded reports from thirty-nine different institutions and departments. The New Orleans banks had suspended in September, 1861 ; but in May, 1862, General Butler's order No.
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3 forbade banks "to pay out any inore Confederate notes to their depositors or creditors, but that all deposits be paid in the bills of the bank, United States treasury notes, gold or silver, author- izing them at the same time to receive the Confederate notes for any of their bills until May 27, 1862;" so that at the latted date all the banks were burdened with Confederate notes and still had them on hand in 1864, or had invested them in Confederate bonds bearing interest, or in cotton. The Louisiana State Bank had bonght 15,000 bales of cotton. Against the Confederate notes the banks were required to issue their own notes, and had done so in the following amounts :
Louisiana Stato Bank
Forced circulation
$2,000, 000
Citizens Bank.
Forced circulation
992,000
Mechanics aud Traders Bank
Forced circulation
657,850
Union Bank
Forced circulation ..
255.375
Crescent City Bank.
Forced circulation
57,667
Canal Bank .
Forced circulation ..
330,400
New Orleans Bank
Forced circulation
947,570
Bank of Louisiana
Forced circulation over
1,200,000
Bank of America ..
Forced circulation ..
274,615
Total
$0, 715, 077
The order of General Butler worked a great hardship upon the banks, and was probably intended to do so. The First National Bank was organized at New Orleans early in 1864. In that year the Bank of Louisiana had liabilities immediate three million and twenty-two thousand three hundred and twenty-seven dollars, and estimated assets one million and sixty-nine thousand one hundred and sixty-two dollars ; at the same time it had to its credit within the Confederate lines in Georgia gold to the value of two million four hundred and sixty-one thousand three hundred and ninety- five dollars.
Governor Hahn urged the legislature to render assistance to the families of volunteers who had entered the Union army. Ile said, "The Louisiana volunteers entered the Army of the United States solely from patriotic motives. They were not tempted to enlist by the offer of large bounties, nor had they the certainty, as did the soldiers of other States, that while they were away from their homes, fighting for their country, those who were dependent on them would be succored and cared for by the gen- erosity of the State. The conduct of the Louisiana regiments for fortitude in the field, fer faithful toil and patient endurance in post and camp needs no encomium from me. The various scenes of struggle which memorialize the campaigns of the Teche, the siege of Port Hudson and the expedition to the Red river, all
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attest that for gallantry of conduct, for conspicuous bravery, the foot and cavalry of Louisiana, if they had many equals, had no superiors for devotion to the sacred cause or the honorable performance of duty."
He further said, "According to law the election of Presidential electors is to take place in November. I know of no reason why Louisiana should not participate in that election on a parity with the other States. She has forfeited her rights under no constitu- tional provision or Congressional statute. She has instituted civil rule and has a loyal State Government, embracing executive, legis- lative and judicial branches, all of which are in effective opera- tion. In the attributes of State government she stands the peer of the loyal States, whose soil has never been trodden by the foot of the rebellion. That she has suffered by the rebellion and the temporary rule of the Confederacy is her misfortune; but so far as the laws at present stand, it is no abridgment of the rights of her loyal citizens."
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