among all who spoke on the question approved the action of the Military Governor on the ground that there was no legal right to hold an election, and the attempt of any number of persons to do so was an usurpation of sovereign authority which was properly prevented. Other Representatives, however, strongly condemned this act of Governor Shepley and at least one desired the House to express as an amendment to the resolution its disapproval of his conduct. Though not the question in debate, there could be no mistaking upon this point the sentiments of a majority of the members.

Mr. Field, permitted to address the House, observed that it was the fault of the General Government that Union men in Louisiana had not been aided by the previous administration. If they had been, the blood of Illinois and Massachusetts patriots would not have sprinkled the soil of his State.

To show that some sort of government existed there he caused the clerk to read a list of one hundred and twenty-five officers acting in those parishes included within Federal military lines, and added that though New Orleans since its capture paid annually in taxes, collected through Governor Shepley, two and a half million dollars, besides a considerable sum in internal revenue, her people were represented neither in the local nor the national Government.

The constitution of Louisiana, he said, required that qualified electors should be white males who had attained the age of twenty-one years, and been residents of the State for twelve months immediately preceding the election. The provision was so modified by Governor Shepley that persons of this description were allowed to vote after a residence of six months. Mr. Field did not know whence was derived the authority to amend constitutions.

To secure his cooperation in establishing a loyal government Union men met as early as September 19 in convention at New Orleans, and appointed a committee of nine to

present an address to the Military Governor inviting his assistance. He declined, however, after a lengthy interview to order an election for Representatives until the State had first been divided. In fact, until instructions which he had requested, were received from Washington he refused to order any election whatever, though he volunteered to forward to Mr. Lincoln any communication which they desired to address him on that subject. Besides its correspondence with Governor Shepley, the New Orleans convention on September 21 had sent a letter to General Banks, the Department commander, to secure if possible his approval of their movement.

Notice, dated October 20, was given that an election would be held, November 2, at the usual places in the parish of St. Bernard, and the State and Federal offices to be filled, as well as the precise places at which voters could cast their ballots, were mentioned. Since the military authorities had refused to assist them, and had then issued no order against an election, loyal men thought it not improper to express their opinions at the polls. As the Free State people considered Louisiana out of the Union they declined to participate, and though General Banks in obedience to instructions from the President had subsequently ordered an election they maintained the same attitude. The claimant's party did not oppose this order; for if unable to restore their State in the manner most acceptable they were willing to cooperate in any method likely to accomplish that object.

Precisely what number of voters would be called a constituency Mr. Field had not been informed. In the portion of his Congressional District included in St. Bernard and Placquemines parishes there were only 2,400 electors, and the President's plan required only one tenth of the number of votes cast in 1860. Though the election of November 2 preceded the Executive proclamation, that fact should not make it void.

The electors in New Orleans were not free to ex

press a choice, and even if it had been otherwise the vote in the First District must have been greatly diminished since 1860, for he was assured by two paymasters that 7,000 men had been recruited there for the Union army.

Some members admitted that the national Government had not given sufficient protection to Union men in Louisiana, and therefore should not now take advantage of that neglect to also deprive them of representation in Congress. These believed that if Mr. Field had received a majority of the votes in his district any informality in the election should be overlooked, for the right to representation in Congress grows out of the Constitution, and regulations governing such elections are matters of mere convenience. The fact that no State organization existed there did not create a legal impediment, and it was no objection that Louisiana had not been redistricted, for the additional member was not imposed as a burden but as a right which she was free to exercise or not; besides, the greater representation includes the less.

Notwithstanding these considerations, and strong, though not universal, testimony to the claimant's loyalty, he was denied admission, February 9, 1864, by a vote of 85 to 48.1 His case, however, was not exactly similar to that of Messrs. Hahn and Flanders, as stated by one Representative, for they had received, in the circumstances, a comparatively large

vote.

To this end came the movement of the planters designed primarily to counteract that inaugurated by the Free State Committee, which also, as we shall see, was soon at variance with the military authorities. Important changes had occurred in the shifting politics of his State before the House had taken final action in the case of Mr. Field; these will be briefly related.

1

Military necessity had led the President to issue, Decem

1 Globe, Part I., 1 Sess. 38th Cong., pp. 411-415, 543-547.

ber 8, 1863, his Proclamation of Amnesty and Reconstruction proposing, though not rigidly insisting upon, a plan for reinaugurating State governments wherever there existed such a loyal nucleus as could effectively assist in overthrowing the rebellion. In discussing the affairs of Tennessee that plan has been quoted at such length as to require no further mention in this place.1

General Banks on January 8, 1864, announced his intention of ordering an election of State officers. He was urged at this point by the Free State Committee to allow their election to go on, but he refused to yield even under pressure of an immense public meeting favorable to their object.2 Without his cooperation their plan was doomed to failure, and when entreaties did not avail to move him they promptly inveighed against his methods and his motives in the columns of The National Intelligencer at Washington. In a letter dated New Orleans, January 9, 1864, a correspondent writes:

President Lincoln has started a Missouri case in Louisiana, and has made Banks our master; and Banks is another Schofield, only worse than he. Our mass meeting last evening was a complete success; but its object will be defeated by Banks, who, under orders direct from the President, declares his purpose to order an election for a convention; thus playing into the hands of Cottman, Riddle, and Fields, and their crew. The Union men—the true Union men—are thunderstruck by the course of the President in this matter.

We were not informed of the President's orders to General Banks until the hour of the meeting last night, and the meeting was not informed at all. General Shepley, who is generally liked, and who has done all he could to promote the free State cause, and to organize a free State government, will resign, and the election ordered by Banks will be purely at military dictation, and will be so regarded.

The correspondent does not know the secret springs of all these acts of the President, but thinks he has probably been deceived by base and interested men. "Banks," he believes,

1 See pp. 24-28 ante.

ง Ann. Cycl., 1863, pp. 592-593.

"has the unchanged confidence of Mr. Lincoln." The writer concludes by asking whether it is not possible to get the President to countermand his orders to Banks immediately, "and let the people manage matters as they have begun to do?”1 To prove that no line of policy would be acceptable to the Free State Committee Mr. Field, in his remarks before the House, read in full the communication from which these excerpts are taken.

To comprehend clearly the nature of the controversy which so suddenly arose between the Free State General Committee and the Federal commander in Louisiana it may be necessary to explain with some detail the precise attitude of that organization relative to the question at issue between the adverse parties. In discussing the respective merits of the State constitutions of 1852 and 1861 the organ of the Free State men says:

The question is altogether immaterial; for, in the conflict of arms incident to this rebellion, the predominant ideas of the good people of Louisiana have far preceded either constitution; and to reorganize now the State on the slave basis, which both constitutions and the laws passed under them recognized, has become an utter impossibility. Free soil and free speech have grown up into absolute necessities, directly resulting from the war, which has converted into dust and ashes all the constitutions which Louisiana has ever made, embodying the ideas of property in our fellow-man, and all the baneful results of this system of African slavery. The present war is nothing but the conflict of the ideas of slavery and liberty. . . . We cannot have peace until public opinion is brought quite up to this point. We cannot reorganize the civil government of our city, and still less that of our State, and get rid of the fearful incubus of martial law now pressing down our energies by its arbitrary influence, unless we believe, give utterance to and establish the fundamental principle of our national government: "all men are created free and equal." We know of no better way to effect this than by calling a convention as soon as possible, to declare the simple fact that Louisiana now is and will forever be a free State.2

1 Globe, Part I., I Sess. 38th Cong., p. 543. 2Ann. Cycl., 1863, p. 590.