professedly loyal men shall draw the disloyal about them, and colorably set up a State government, repudiating the Emancipation Proclamation and reestablishing slavery, I cannot recognize or sustain their work. I should fall powerless in the attempt. This Government in such an attitude would be a house divided against itself.

"I have said, and say again, that if a new State government, acting in harmony with this government, and consistently with general freedom, shall think best to adopt a reasonable temporary arrangement in relation to the landless and homeless freed people, I do not object; but my word is out to be for and not against them on any question of their permanent freedom. I do not insist upon such temporary arrangement, but only say such would not be objectionable to me."

It should be remembered that Thomas J. Durant, who was authorized to make the enrollment as well as to appoint "registers" to assist him, was spokesman of the wealthy and influential class of planters, or the conservative element whose interests opposed any disturbance of existing conditions. He appears to have drawn for the President a somewhat gloomy picture of the political situation in Louisiana, and finally to have protested against the government organized by the adverse party. The outlook there, however, was not so discouraging as represented; for as early as October 9 Governor Shepley had renewed his order for the registration, modifying the former one so far as to include "all loyal citizens."

Interest was somewhat quickened by the announcement of certain conservative leaders of an intention to hold a voluntary election in conformity with the old constitution and laws of the State. On October 27, 1863, an address signed by the president and vice-president of the Central Executive Com'Letters and State Papers of Lincoln, Vol. II. p. 436.

mittee was published in the papers of New Orleans. This appeal, directed to the loyal citizens of Louisiana, begins:

The want of civil government in our State can, by a proper effort on your part, soon be supplied, under laws and a constitution formed and adopted by yourselves in a time of profound peace. It is made your duty, as well as your right, to meet at the usual places, and cast your votes for State and parish officers, members of Congress, and of the State Legislature.

The day, as fixed by our laws, is Monday, the 2d day of November next, 1863. There is nothing [proceeds the address] to prevent your meeting on the day fixed by law, and selecting your agents to carry on the affairs of government in our own State. The military will not interfere with you in the exercise of your civil rights and duties, and we think we can assure you that your action in this respect will meet the approval of the National Government.

The failure of those citizens addressed to exercise their rights, it was asserted, would subject "the country" to the danger of being thrown as "vacated" territory into the hands of Congress.1

The Free State Committee having been invited to cooperate, a correspondence ensued between the rival organizations; but, on the ground that this movement was both illegal and unjust, the Free State men declined to participate in the election. In their reply the latter assert that "There is no law in existence, as stated by you [The Executive Central Committee], directing elections to be held on the first Monday of November.

"The constitution of 1852, as amended by the convention of 1861, was overthrown and destroyed by the rebellion of the people of Louisiana, and the subsequent conquest by the arms of the United States does not restore your political institutions." 2

The reply then proceeds to discuss the injustice of the 1 Ann. Cycl., 1863, p. 591.

2 Ibid.

movement, and upon this subject its reasoning is entitled to more respect. As to the status of the constitution of 1852, it is not easy to comprehend how the secession convention, a body universally regarded as revolutionary, could amend, in the manner attempted, the fundamental law, seeing that this revolution was not yet crowned with success.

Though no general election was held in response to this address, voting took place in two parishes, and certain persons were chosen as Representatives in Congress. Before giving an account of this election of November 2, 1863, it may be proper to notice a petition submitted by the free colored people of New Orleans to Governor Shepley praying to be registered as voters so that they could "assist in establishing in the new Convention a Civil Government" for their "beloved State of Louisiana." This address, prepared at a meeting on November 5, and not without ability, recites in appropriate language the services rendered by free colored men to both the Nation and the State. It is sufficient to observe here that their prayer was not granted. The paper itself will be considered in discussing the successive steps which led to the complete enfranchisement of the race.1

The preceding chapter has noticed President Lincoln's Amnesty Proclamation of December 8 as well as that part of the accompanying message to Congress discussing his plan for restoring Union governments in the insurgent States.

The House had not completed its organization for the Thirty-eighth Congress when Thaddeus Stevens, a Representative from Pennsylvania, either from curiosity or an anxiety to oppose, as he conceived, the policy of the President, inquired what names had been omitted in the call of members. At a later stage of its first meeting, December 7, 1863, he again referred to this subject by asking to have read the credentials of persons claiming to be Representatives "from the 1 1 Ann. Cycl., 1863, pp. 591-592.

so-called State of Louisiana." The acting clerk facetiously promised compliance, and read a certificate signed by Mr. John Leonard Riddell naming A. P. Field, Thomas Cottman and Joshua Baker as persons elected to represent respectively the First, Second and Fifth Congressional Districts of the State.1

On a resolution "That A. P. Field is not entitled to a seat in this House from the State of Louisiana," reported January 29, 1864, from the Committee of Elections, his right to admission was fully discussed.

Under the apportionment of 1850 that State sent four, and by the census of 1860 became entitled to five, Representatives. By an act of Congress approved July 14, 1862, each State entitled to more than one member in the lower House was to be divided into as many districts as it had been allotted Representatives.

But, said Chairman Dawes, as Louisiana had never been so divided no person in that State had been chosen according to Federal law. The election under which Mr. Field claimed a seat occurred in the old First Congressional District, which, with a great portion of the city of New Orleans, included two adjacent parishes, Placquemines and St. Bernard. On November 1, General Shepley issued a military order forbidding the election, and none was held in New Orleans. In the two outlying parishes, however, under the auspices of a citizens' committee, to which returns were made, a few voters appeared at the polls. In the parish of St. Bernard, the only locality in which the House had any proof that electors participated, Mr. Field received one hundred and fifty-six votes, and though no evidence in support of his statement had been offered, about the same number, he alleged, had been cast for him in Placquemines.

1

The question was, proceeded Mr. Dawes, whether a gentle

· Globe, Part I., 1 Sess. 38th Cong., pp. 5-6.

man with this constituency could be in any sense considered as having been elected. There were in his district over 10,ooo qualified voters, and of these the claimant received the support of only one hundred and fifty-six; hence nearly ten thousand electors expressed no opinion, armed interference having prevented 9,844 of them from indicating a preference. There was no evidence that this majority acquiesced in what was done by one hundred and fifty-six men in a corner of St. Bernard parish where an election was permitted. If no other objection existed, the State had not been districted as required by the Act of July, 1862; this consideration of itself appeared to the Committee a reason sufficient for his exclusion. Further, his certificate was signed by one John Leonard Riddell, himself chosen Governor at the same time and in the same parishes. His term, according to the laws of Louisiana, did not commence till January 1, 1864, and it was not easy to comprehend how he came to regard himself as Executive of the State on November 20, 1863, when he signed the certificate presented by the claimant. Mr. Riddell, indeed, had not then been inaugurated.

Had not Congress failed to divide the State, the suppression of this election would have been without justification and have deserved the condemnation of the House. It, however, did not conform to the laws of Louisiana, for the votes were not cast nor were they counted or canvassed as prescribed thereby. This, in substance, was the argument of Mr. Dawes.

By other members attention was invited to the fact that under the same laws and conditions an election had been held in Louisiana a year before, and in consequence two Representatives admitted. To this observation Mr. Stevens replied that Hahn and Flanders, the members referred to, had been seated by the power of the House without, as he then supposed, any law or right. Henry Winter Davis alone