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 THEFIFTH CORPS--BATTLE OF FIVE FORKS--TURNING THE CONFEDERATE LEFT--ANUNQUALIFIED SUCCESS--RELIEVING GENERAL WARREN--THE WARREN COURT OFINQUIRY--GENERAL SHERMAN'S OPINION. 

The night of March 30 Merritt, with Devin's division and Davies'sbrigade, was camped on the Five Forks road about two miles in frontof Dinwiddie, near J. Boisseau's. Crook, with Smith and Gregg'sbrigades, continued to cover Stony Creek, and Custer was still backat Rowanty Creek, trying to get the trains up. This force had beencounted while crossing the creek on the 29th, the three divisionsnumbering 9, 000 enlisted men, Crook having 3, 300, and Custer andDevin 5, 700. 

During the 30th, the enemy had been concentrating his cavalry, and byevening General W. H. F. Lee and General Rosser had joined FitzhughLee near Five Forks. To this force was added, about dark, fivebrigades of infantry--three from Pickett's division, and two fromJohnson's--all under command of Pickett. The infantry came by theWhite Oak road from the right of General Lee's intrenchments, andtheir arrival became positively known to me about dark, theconfirmatory intelligence being brought in then by some of Young'sscouts who had been inside the Confederate lines. 

On the 31st, the rain having ceased, directions were given at anearly hour to both Merritt and Crook to make reconnoissancespreparatory to securing Five Forks, and about 9 o'clock Merrittstarted for the crossroads, Davies's brigade supporting him. Hismarch was necessarily slow because of the mud, and the enemy'spickets resisted with obstinacy also, but the coveted crossroads fellto Merritt without much trouble, as the bulk of the enemy was justthen bent on other things. At the same hour that Merritt started, Crook moved Smith's brigade out northwest from Dinwiddie toFitzgerald's crossing of Chamberlain's Creek, to cover Merritt'sleft, supporting Smith by placing Gregg to his right and rear. Theoccupation of this ford was timely, for Pickett, now in command ofboth the cavalry and infantry, was already marching to get inMerritt's rear by crossing Chamberlain's Creek. 

To hold on to Fitzgerald's ford Smith had to make a sharp fight, butMumford's cavalry attacking Devin, the enemy's infantry succeeded ingetting over Chamberlain's Creek at a point higher up thanFitzgerald's ford, and assailing Davies, forced him back in anortheasterly direction toward the Dinwiddie and Five Forks road incompany with Devin. The retreat of Davies permitted Pickett to passbetween Crook and Merritt, which he promptly did, effectuallyseparating them and cutting off both Davies and Devin from the roadto Dinwiddie, so that to get to that point they had to retreat acrossthe country to B. Boisseau's and then down the Boydton road. 

Gibbs's brigade had been in reserve near the intersection of the FiveForks and Dabney roads, and directing Merritt to hold on there, Iordered Gregg's brigade to be mounted and brought to Merritt's aid, for if Pickett continued in pursuit north of the Five Forks road hewould expose his right and rear, and I determined to attack him, insuch case, from Gibbs's position. Gregg arrived in good season, andas soon as his men were dismounted on Gibbs's left, Merritt assailedfiercely, compelling Pickett to halt and face a new foe, thusinterrupting an advance that would finally have carried Pickett intothe rear of Warren's corps. 

It was now about 4 o'clock in the afternoon and we were in a criticalsituation, but having ordered Merritt to bring Devin and Davies toDinwiddie by the Boydton road, staff-officers were sent to hurryCuster to the same point, for with its several diverging roads theCourt House was of vital importance, and I determined to stay thereat all hazards. At the same time orders were sent to Smith'sbrigade, which, by the advance of Pickett past its right flank andthe pressure of W. H. F. Lee on its front, had been compelled to giveup Fitzgerald's crossing, to fall back toward Dinwiddie but tocontest every inch of ground so as to gain time. 

When halted by the attack of Gregg and Gibbs, Pickett, desisting fromhis pursuit of Devin, as already stated, turned his undividedattention to this unexpected force, and with his preponderatinginfantry pressed it back on the Five Forks road toward Dinwiddle, though our men, fighting dismounted behind barricades at differentpoints, displayed such obstinacy as to make Pickett's progress slow, and thus give me time to look out a line for defending the CourtHouse. I selected a place about three-fourths of a mile northwest ofthe crossroads, and Custer coming up quickly with Capehart's brigade, took position on the left of the road to Five Forks in some openground along the crest of a gentle ridge. Custer got Capehart intoplace just in time to lend a hand to Smith, who, severely pressed, came back on us here from his retreat along Chamberlain's "bed"--thevernacular for a woody swamp such as that through which Smithretired. A little later the brigades of Gregg and Gibbs, falling tothe rear slowly and steadily, took up in the woods a line whichcovered the Boydton Road some distance to the right of Capehart, theintervening gap to be filled with Pennington's brigade. By this timeour 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 wastheirs, made a dash at Smith, but just as the assailants appeared inthe open fields, Capehart's men opened so suddenly on their leftflank as to cause it to recoil in astonishment, which permitted Smithto connect his brigade with Custer unmolested. We were now in goodshape behind the familiar barricades, and having a continuous line, excepting only the gap to be filled with Pennington, that coveredDinwiddie and the Boydton Road. My left rested in the woods abouthalf a mile west of the Court House, and the barricades extended fromthis flank in a semicircle through the open fields in a northeasterlydirection, to a piece-of thick timber on the right, near the BoydtonRoad. 

A little before the sun went down the Confederate infantry was formedfor the attack, and, fortunately for us, Pennington's brigade came upand filled the space to which it was assigned between Capehart andGibbs, just as Pickett moved out across the cleared fields in frontof Custer, in deep lines that plainly told how greatly we wereoutnumbered. 

Accompanied by Generals Merritt and Custer and my staff, I now rodealong the barricades to encourage the men. Our enthusiasticreception showed that they were determined to stay. The cavalcadedrew the enemy's fire, which emptied several of the saddles--amongothers Mr. Theodore Wilson, correspondent of the New York Herald, being wounded. In reply our horse-artillery opened on the advancingConfederates, but the men behind the barricades lay still tillPickett's troops were within short range. Then they opened, Custer'srepeating rifles pouring out such a shower of lead that nothing couldstand up against it. The repulse was very quick, and as the graylines retired to the woods from which but a few minutes before theyhad so confidently advanced, all danger of their taking Dinwiddie ormarching to the left and rear of our infantry line was over, at leastfor the night. The enemy being thus checked, I sent astaff-officer--Captain Sheridan--to General Grant to report what hadtaken place during the afternoon, and to say that I proposed to stay atDinwiddie, but if ultimately compelled to abandon the place, I would doso by retiring on the Vaughn road toward Hatcher's Run, for I thenthought the attack might be renewed next morning. Devin and Daviesjoined me about dark, and my troops being now well in hand, I sent asecond staff-officer--Colonel John Kellogg--to explain my situationmore fully, and to assure General Grant that I would hold on atDinwiddie till forced to let go. 

By following me to Dinwiddie the enemy's infantry had completelyisolated itself, and hence there was now offered the Union troops arare opportunity. Lee was outside of his works, just as we desired, and the general-in-chief realized this the moment he received thefirst report of my situation; General Meade appreciated it too fromthe information he got from Captain Sheridan, en route to armyheadquarters with the first tidings, and sent this telegram toGeneral 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 andsmash up the force in front of Sheridan? Humphreys can hold the lineto the Boydton plank-road, and the refusal along with it. Bartlett'sbrigade is now on the road from G. Boisseau's, running north, whereit crosses Gravelly Run, he having gone down the White Oak road. Warren could go at once that way, and take the force threateningSheridan in rear at Dinwiddie, and move on the enemy's rear with theother 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 foranything. Let Griffin (Griffin had been ordered by Warren to theBoydton 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 FifthCorps, under Major-General G. K. Warren, to report to me, and when Ireceived word of its coming and also that Genera Mackenzie's cavalryfrom the Army of the James was likewise to be added to my command, and that discretionary authority was given me to use all my forcesagainst Pickett, I resolved to destroy him, if it was within thebounds of possibility, before he could rejoin Lee. 

In a despatch, dated 10:05 p. M. , telling me of the coming of Warrenand Mackenzie, General Grant also said that the Fifth Corps shouldreach me by 12 o'clock that night, but at that hour not only had noneof the corps arrived, but no report from it, so believing that if itcame all the way down to Dinwiddie the next morning, our opportunitywould be gone, I concluded that it would be best to order Warren tomove 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 despatchto 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 leadingto Five Forks, for three-quarters of a mile with General Custer'sdivision. The enemy are in his immediate front, lying so as to coverthe road just this side of A. Adams's house, which leads acrossChamberlain'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 onhis flank. I will hold on here. Possibly they may attack Custer atdaylight; if so, attack instantly and in full force. Attack atdaylight anyhow, and I will make an effort to get the road this sideof 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 Oakroad, will be in the enemy's rear, and in all probability get anyforce that may escape you by a flank movement. Do not fear myleaving 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 divisionsadvanced the enemy's infantry fell back on the Five Forks road, Devinpressing him along the road, while Custer extended on the left overtoward Chamberlain's Run, Crook being held in watch along StonyCreek, meanwhile, to be utilized as circumstances might require whenWarren attacked. 

The order of General Meade to Warren the night of March 31--a copybeing sent me also--was positive in its directions, but as midnightcame without a sign of or word from the Fifth Corps, notwithstandingthat was the hour fixed for its arrival, I nevertheless assumed thatthere were good reasons for its non-appearance, but never oncedoubted that measures would be taken to comply with my despatch Of3 A. M. And therefore hoped that, as Pickett was falling back slowlytoward Five Forks, Griffin's and Crawford's divisions would come inon 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 amatter of fact, when Pickett was passing the all-important pointWarren's men were just breaking from the bivouac in which their chiefhad placed them the night before, and the head of Griffin's divisiondid not get to Boisseau's till after my cavalry, which meanwhile hadbeen joined by Ayres's division of the Fifth Corps by way of theBoydton and Dabney roads. By reason of the delay in moving Griffinand Crawford, the enemy having escaped, I massed the Fifth Corps atJ. [G] Boisseau's so that the men could be rested, and directed it toremain there; General Warren himself had not then come up. GeneralMackenzie, who had reported just after daybreak, was ordered at firstto stay at Dinwiddie Court House, but later was brought along theFive Forks road to Dr. Smith's, and Crook's division was directed tocontinue watching the crossings of Stony Creek and Chamberlain's Run. 

That we had accomplished nothing but to oblige our foe to retreat wasto me bitterly disappointing, but still feeling sure that he wouldnot give up the Five Forks crossroads without a fight, I pressed himback there with Merritt's cavalry, Custer advancing on the Scottroad, 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 hisintrenchments, which began with a short return about three-quartersof a mile east of the Forks and ran along the south side of the WhiteOak road to a point about a mile west of the Forks. From the left ofthe return over toward Hatcher's Run was posted Mumford's cavalry, dismounted. In the return itself was Wallace's brigade, and next onits 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. Tenpieces of artillery also were in this line, three on the right of theworks, three near the centre at the crossroads, and four on the left, in the return. Rosser's cavalry was guarding the Confederate trainsnorth 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 planof battle. This was to attack his whole front with Merritt's twocavalry divisions, make a feint of turning his right flank, and withthe Fifth Corps assail his left. As the Fifth Corps moved intoaction, its right flank was to be covered by Mackenzie's cavalry, thus entirely cutting off Pickett's troops from communication withLee's right flank, which rested near the Butler house at the junctionof the Claiborne and White Oaks roads. In execution of this plan, Merritt worked his men close in toward the intrenchments, and whilehe was thus engaged, I ordered Warren to bring up the Fifth Corps, sending the order by my engineer officer, Captain Gillespie, who hadreconnoitred 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 wasput in motion, General Warren joined me at the front. Before hecame, I had received, through Colonel Babcock, authority from GeneralGrant to relieve him, but I did not wish to do it, particularly onthe eve of battle; so, saying nothing at all about the messagebrought me, I entered at once on the plan for defeating Pickett, telling Warren how the enemy was posted, explaining with considerabledetail, and concluding by stating that I wished his troops to beformed on the Gravelly Church road, near its junction with the WhiteOak road, with two divisions to the front, aligned obliquely to theWhite Oak road, and one in reserve, opposite the centre of these two. 

General Warren seemed to understand me clearly, and then left to joinhis command, while I turned my attention to the cavalry, instructingMerritt to begin by making demonstrations as though to turn theenemy's right, and to assault the front of the works with hisdismounted cavalry as soon as Warren became engaged. Afterward Irode around to Gravelly Run Church, and found the head of Warren'scolumn just appearing, while he was sitting under a tree making arough sketch of the ground. I was disappointed that more of thecorps was not already up, and as the precious minutes went by withoutany apparent effort to hurry the troops on to the field, thisdisappointment grew into disgust. At last I expressed to Warren myfears that the cavalry might expend all their ammunition before theattack could be made, that the sun would go down before the battlecould be begun, or that troops from Lee's right, which, be itremembered, was less than three miles away from my right, might, bystriking my rear, or even by threatening it, prevent the attack onPickett. 

Warren did not seem to me to be at all solicitous; his mannerexhibited decided apathy, and he remarked with indifference that"Bobby Lee was always getting people into trouble. " With unconcernsuch as this, it is no wonder that fully three hours' time wasconsumed in marching his corps from J. [G] Boisseau's to Gravelly RunChurch, though the distance was but two miles. However, when mypatience was almost worn out, Warren reported his troops ready, Ayres's division being formed on the west side of the Gravelly Churchroad, Crawford's on the east side, and Griffin in reserve behind theright of Crawford, a little different from my instructions. Thecorps had no artillery present, its batteries, on account of the mud, being still north of Gravelly Run. Meanwhile Merritt had been busyworking his men close up to the intrenchments from the angle of thereturn west, along the White Oak road. 

About 4 o'clock Warren began the attack. He was to assault the leftflank of the Confederate infantry at a point where I knew Pickett'sintrenchments were refused, almost at right angles with the White Oakroad. I did not know exactly how far toward Hatcher's Run this partof the works extended, for here the videttes of Mumford's cavalrywere covering, but I did know where the refusal began. This return, then, was the point I wished to assail, believing that if the assaultwas made with spirit, the line could be turned. I therefore intendedthat Ayres and Crawford should attack the refused trenches squarely, and when these two divisions and Merritt's cavalry became hotlyengaged, Griffin's division was to pass around the left of theConfederate line; and I personally instructed Griffin how I wishedhim to go in, telling him also that as he advanced, his right flankwould be taken care of by Mackenzie, who was to be pushed over towardthe Ford road and Hatcher's Run. 

The front of the corps was oblique to the White Oak road; and ongetting there, it was to swing round to the left till perpendicularto the road, keeping closed to the left. Ayres did his part well, and to the letter, bringing his division square up to the front ofthe return near the angle; but Crawford did not wheel to the left, aswas intended. On the contrary, on receiving fire from Mumford'scavalry, Crawford swerved to the right and moved north from thereturn, 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 finallybrought it out on the Ford road near C. Young's house, frustrated thepurpose I had in mind when ordering the attack, and caused a gapbetween Ayres and Crawford, of which the enemy quickly tookadvantage, and succeeded in throwing a part of Ayres's division intoconfusion. At this juncture I sent word to General Warren to haveCrawford recalled; for the direction he was following was not only amistaken one, but, in case the assault at the return failed, he rangreat risk of capture. Warren could not be found, so I then sent forGriffin--first by Colonel Newhall, and then by Colonel Sherman--tocome to the aid of Ayres, who was now contending alone with that partof the enemy's infantry at the return. By this time Griffin hadobserved and appreciated Crawford's mistake, however, and when thestaff-officers reached him, was already faced to the left; so, marching across Crawford's rear, he quickly joined Ayres, whomeanwhile 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, theintermingling infantry and dismounted cavalry swept down inside theintrenchments, pushing to and beyond Five Forks, capturing thousandsof prisoners. The only stand the enemy tried to make was when heattempted to form near the Ford road. Griffin pressed him so hardthere, however, that he had to give way in short order, and many ofhis men, with three pieces of artillery, fell into the hands ofCrawford while on his circuitous march. 

The right of Custer's division gained a foothold on the enemy's workssimultaneously with Devin's, but on the extreme left Custer had avery severe combat with W. H. F. Lee's cavalry, as well as withCorse's and Terry's infantry. Attacking Terry and Corse withPennington's brigade dismounted, he assailed Lee's cavalry with hisother two brigades mounted, but Lee held on so obstinately thatCuster gained but little ground till our troops, advancing behind theworks, drove Corse and Terry out. Then Lee made no further standexcept at the west side of the Gillian field, where, assisted byCorse's brigade, he endeavored to cover the retreat, but just beforedark Custer, in concert with some Fifth Corps regiments under ColonelRichardson, drove ihe last of the enemy westward on the White Oakroad. 

Our success was unqualified; we had overthrown Pickett, taken sixguns, thirteen battle-flags, and nearly six thousand prisoners. Whenthe battle was practically over, I turned to consider my positionwith reference to the main Confederate army. My troops, thoughvictorious, were isolated from the Army of the Potomac, for on the31st of March the extreme left of that army had been thrown backnearly to the Boydton plank-road, and hence there was nothing toprevent the enemy's issuing from his trenches at the intersection ofthe 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 criticalsituation, and General Warren having sorely disappointed me, both inthe moving of his corps and in its management during the battle, Ifelt 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 wellas but just to myself, I relieved him, ordering him to report toGeneral Grant. 

I then put Griffin in command of the Fifth Corps, and directed him towithdraw from the pursuit as quickly as he could after following theenemy a short distance, and form in line of battle near Gravelly RunChurch, at right angles with the White Oak road, with Ayres andCrawford facing toward the enemy at the junction of the White Oak andClaiborne roads, leaving Bartlett, now commanding Griffin's division, near the Ford road. Mackenzie also was left on the Ford road at thecrossing of Hatcher's Run, Merritt going into camp on the WidowGillian's plantation. As I had been obliged to keep Crook's divisionalong Stony Creek throughout the day, it had taken no active part inthe battle. 

Years after the war, in 1879, a Court of Inquiry was given GeneralWarren in relation to his conduct on the day of the battle. Heassumed that the delay in not granting his request for an inquiry, which was first made at the close of the war, was due to oppositionon my part. In this he was in error; I never opposed the ordering ofthe Court, but when it was finally decided to convene it I naturallyasked to be represented by counsel, for the authorization of theInquiry was so peculiarly phrased that it made me practically arespondent. 

"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 andtestify before the Court of which you are president, I have beenindirectly and unofficially informed that the Court some time agoforwarded an invitation to me (which has not been received) to appearpersonally or by counsel, in order to aid it in obtaining a knowledgeas 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 itincumbent on me to accede to, and do everything in my power infurtherance of the specific purposes for which courts of inquiry areby law instituted. 

"The order convening the Court (a copy of which was not received byme at my division headquarters until two days after the timeappointed for the Court to assemble) contemplates an inquiry based onthe application of Lieutenant Colonel G. K. Warren, Corps ofEngineers, as to his conduct while major-general commanding the FifthArmy Corps, under my command, in reference to accusations orimputations assumed in the order to have been made against him, and Iunderstand through the daily press that my official report of thebattle of Five Forks has been submitted by him as a basis of inquiry. 

"If it is proposed to inquire, either directly or indirectly, as toany action of mine so far as the commanding general Fifth Army Corpswas concerned, or my motives for such action, I desire to bespecifically informed wherein such action or transaction is allegedto contain an accusation or imputation to become a subject ofinquiry, so that, knowing what issues are raised, I may intelligentlyaid the Court in arriving at the facts. 

"It is a long time since the battle of Five Forks was fought, andduring the time that has elapsed the official reports of that battlehave been received and acknowledged by the Government; but now, whenthe memory of events has in many instances grown dim, and three ofthe principal actors on that field are dead--Generals Griffin, Custer, and Devin, whose testimony would have been valuable--aninvestigation is ordered which might perhaps do injustice unless thefacts pertinent to the issues are fully developed. 

"My duties are such that it will not be convenient for me to bepresent continuously during the sessions of the Court. In order, however, that everything may be laid before it in my power pertinentto such specific issues as are legally raised, I beg leave tointroduce 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 werefour imputations concerning General Warren. The first implied thatWarren failed to reach me on the 1st of April, when I had reason toexpect him; the second, that the tactical handling of his corps wasunskillful; the third, that he did not exert himself to get his corpsup to Gravelly Run Church; and the fourth, that when portions of hisline gave way he did not exert himself to restore confidence to histroops. The Court found against him on the first and second counts, and for him on the third and fourth. This finding was unsatisfactoryto General Warren, for he hoped to obtain such an unequivocalrecognition of his services as to cast discredit on my motives forrelieving him. These were prompted by the conditions alone--by theconduct of General Warren as described, and my consequent lack ofconfidence in him. 

It will be remembered that in my conversation with General Grant onthe 30th, relative to the suspension of operations because of themud, I asked him to let me have the Sixth Corps to help me inbreaking 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 tenderedand declined. From these facts it has been alleged that I wasprejudiced against General Warren, but this is not true. As we hadnever been thrown much together I knew but little of him. I had nopersonal objection to him, and certainly could have none to hiscorps. I was expected to do an extremely dangerous piece of work, and knowing the Sixth Corps well--my cavalry having campaigned withit so successfully in the Shenandoah Valley, I naturally preferredit, and declined the Fifth for no other reason. But the Sixth couldnot be given, and the turn of events finally brought me the Fifthafter my cavalry, under the most trying difficulties, had drawn theenemy from his works, and into such a position as to permit therealization of General Grant's hope to break up with my force Lee'sright flank. Pickett's isolation offered an opportunity which wecould not afford to neglect, and the destruction of his command wouldfill the measure of General Grant's expectations as well as meet myown desires. The occasion was not an ordinary one, and as I thoughtthat Warren had not risen to its demand in the battle, I deemed itinjudicious and unsafe under the critical conditions existing toretain him longer. That I was justified in this is plain to all whoare disposed to be fair-minded, so with the following extract fromGeneral Sherman's review of the proceedings of the Warren Court, andwith which I am convinced the judgment of history will accord, Ileave the subject:

".... It would be an unsafe and dangerous rule to hold the commanderof an army in battle to a technical adherence to any rule of conductfor managing his command. He is responsible for results, and holdsthe lives and reputations of every officer and soldier under hisorders as subordinate to the great end--victory. The most importantevents are usually compressed into an hour, a minute, and he cannotstop to analyze his reasons. He must act on the impulse, theconviction, of the instant, and should be sustained in hisconclusions, if not manifestly unjust. The power to command men, andgive vehement impulse to their joint action, is something whichcannot be defined by words, but it is plain and manifest in battles, and whoever commands an army in chief must choose his subordinates byreason of qualities which can alone be tested in actual conflict. 

"No one has questioned the patriotism, integrity, and greatintelligence of General Warren. These are attested by a long recordof most excellent service, but in the clash of arms at and near FiveForks, March 31 and April 1, 1865, his personal activity fell shortof the standard fixed by General Sheridan, on whom alone rested thegreat responsibility for that and succeeding days. 

"My conclusion is that General Sheridan was perfectly justified inhis action in this case, and he must be fully and entirely sustainedif the United States expects great victories by her arms in thefuture. "

CHAPTER VII. 

RESULT OF THE BATTLE OF FIVE FORKS--RETREAT OF LEE--AN INTERCEPTEDDESPATCH--AT AMELIA COURT HOUSE--BATTLE OF SAILOR'S CREEK--THECONFEDERATES' STUBBORN RESISTANCE--A COMPLETE VICTORY--IMPORTANCE OFTHE BATTLE. 

When the news of the battle at Five Forks reached General Grant, herealized that the decisive character of our victory would necessitatethe immediate abandonment of Richmond and Petersburg by the enemy;and fearing that Lee would escape without further injury, he issuedorders, the propriety of which must be settled by history, to assaultnext morning the whole intrenched line. But Lee could not retreat atonce. He had not anticipated dissster at Five Forks, and hence wasunprepared to withdraw on the moment; and the necessity of gettingoff his trains and munitions of war, as well as being obliged tocover the flight of the Confederate Government, compelled him to holdon to Richmond and Petersburg till the afternoon of the 2d, thoughbefore that Parke, Ord, and Wright had carried his outerintrenchments at several points, thus materially shortening the lineof 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 nextmorning, under instructions from General Grant, Miles's division ofthat corps reported to me, and supporting him with Ayres's andCrawford's divisions of the Fifth Corps, I then directed him toadvance toward Petersburg and attack the enemy's works at theintersection of the Claiborne and White Oak roads. 

Such of the enemy as were still in the works Miles easily forcedacross Hatcher's Run, in the direction of Sutherland's depot, but theConfederates promptly took up a position north of the little stream, and Miles being anxious to attack, I gave him leave, but just at thistime General Humphreys came up with a request to me from GeneralMeade to return Miles. On this request I relinquished command of thedivision, when, supported by the Fifth Corps it could have broken inthe enemy's right at a vital point; and I have always since regrettedthat I did so, for the message Humphreys conveyed was withoutauthority from General Grant, by whom Miles had been sent to me, butthinking good feeling a desideratum just then, and wishing to avoidwrangles, I faced the Fifth Corps about and marched it down to FiveForks, and out the Ford road to the crossing of Hatcher's Run. Afterwe had gone, General Grant, intending this quarter of the field to beunder my control, ordered Humphreys with his other two divisions tomove to the right, in toward Petersburg. This left Miles entirelyunsupported, and his gallant attack made soon after was unsuccessfulat first, but about 3 o'clock in the afternoon he carried the pointwhich covered the retreat from Petersburg and Richmond. 

Merritt had been sent westward, meanwhile, in the direction of Ford'sStation, to break the enemy's horse which had been collecting to thenorth of Hatcher's Run. Meeting, with but little opposition, Merrittdrove this cavalry force in a northerly direction toward Scott'sCorners, while the Fifth Corps was pushed toward Sutherland's depot, in the hope of coming in on the rear of the force that wasconfronting Miles when I left him. Crawford and Merritt engaged theenemy lightly just before night, but his main column, retreatingalong the river road south of the Appomattox, had got across NamozineCreek, and the darkness prevented our doing more than to pick up somestragglers. The next morning the pursuit was resumed, the cavalryagain 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 andfive pieces of artillery. At Deep Creek the rearguard turned on us, and a severe skirmish took place. Merritt, finding the enemy verystrong, was directed to await the arrival of Crook and for the reardivision of the Fifth Corps; but by the time they reached the creek, darkness had again come to protect the Confederates, and we had to becontent with meagre results at that point. 

From the beginning it was apparent that Lee, in his retreat, wasmaking for Amelia Court House, where his columns north and south ofthe Appomattox River could join, and where, no doubt, he expected tomeet supplies, so Crook was ordered to march early on April 4 tostrike the Danville railroad, between Jettersville and Burkeville, and then move south along the railroad toward Jettersville, Merrittto move toward Amelia Court House, and the Fifth Corps toJettersville itself. 

The Fifth Corps got to Jettersville about 5 in the afternoon, and Iimmediately intrenched it across the Burkeville road with thedetermination to stay there till the main army could come up, for Ihoped we could force Lee to surrender at Amelia Court House, since afirm hold on Jettersville would cut him off from his line of retreattoward Burkeville. 

Accompanied only by my escort--the First United States Cavalry, abouttwo hundred strong--I reached Jettersville some little time beforethe Fifth Corps, and having nothing else at hand I at once deployedthis handful of men to cover the crossroads till the arrival of thecorps. Just as the troopers were deploying, a man on a mule, headingfor Burkeville, rode into my pickets. He was arrested, of course, and being searched there was found in his boots this telegram induplicate, signed by Lee's Commissary General. 

"The army is at Amelia Court House, short of provisions. Send300, 000 rations quickly to Burkeville Junction. " One copy wasaddressed to the supply department at Danville, and the other to thatat Lynchburg. I surmised that the telegraph lines north ofBurkeville had been broken by Crook after the despatches werewritten, which would account for their being transmitted bymessenger. There was thus revealed not only the important fact thatLee was concentrating at Amelia Court House, but also a trustworthybasis for estimating his troops, so I sent word to Crook to strike upthe railroad toward me, and to Merritt--who, as I have said, hadfollowed on the heels of the enemy--to leave Mackenzie there andhimself close in on Jettersville. Staff-officers were alsodespatched to hurry up Griffin with the Fifth Corps, and his tired menredoubled their strides. 

My troops too were hard up for rations, for in the pursuit we couldnot wait for our trains, so I concluded to secure if possible theseprovisions intended for Lee. To this end I directed Young to sendfour of his best scouts to Burkeville Junction. There they were toseparate, two taking the railroad toward Lynchburg and two towardDanville, and as soon as a telegraph station was reached the telegramwas to be transmitted as it had been written and the provisions thushurried forward. 

Although the Fifth Corps arrived at Jettersville the evening of April4, as did also Crook's and Merritt's cavalry, yet none of the army ofthe Potomac came up till about 3 o'clock the afternoon of the 5th, the Second Corps, followed by the Sixth, joining us then. GeneralMeade arrived at Jettersville an hour earlier, but being ill, requested me to put his troops in position. The Fifth Corps beingalready intrenched across the Amelia Court House road facing north, Iplaced the Sixth on its right and the Second on its left as theyreached the ground. 

As the enemy had been feeling us ever since morning--to learn what hewas up to I directed Crook to send Davies's brigade on areconnoissance to Paine's crossroads. Davies soon found out that Leewas trying to escape by that flank, for at the crossroads he foundthe Confederate trains and artillery moving rapidly westward. Havingdriven away the escort, Davies succeeded in burning nearly twohundred wagons, and brought off five pieces of artillery. Amongthese wagons were some belonging to General, Lee's and to GeneralFitzhugh Lee's headquarters. This work through, Davies withdrew andrejoined Crook, who, with Smith and Gregg, was established near FlatCreek. 

It being plain that Lee would attempt to escape as soon as his trainswere out of the way, I was most anxious to attack him when the SecondCorps began to arrive, for I felt certain that unless we did so hewould succeed in passing by our left flank, and would thus again makeour pursuit a stern-chase; but General Meade, whose plan of attackwas to advance his right flank on Amelia Court House, objected toassailing before all his troops were up. 

I then sent despatches to General Grant, explaining what Davies haddone, and telling him that the Second Corps was arriving, and that Iwished he himself was present. I assured him of my confidence in ourcapturing Lee if we properly exerted ourselves, and informed him, finally, that I would put all my cavalry, except Mackenzie, on myleft, and that, with such a disposition of my forces, I could see noescape for Lee. I also inclosed him this letter, which had just beencaptured:

"AMELIA C. H. , April 5, 1865. 

"DEAR MAMMA:

"Our army is ruined, I fear. We are all safe as yet. Shyron left ussick. John Taylor is well--saw him yesterday. We are in line ofbattle this morning. General Robert Lee is in the field near us. Mytrust is still in the justice of our cause, and that of God. GeneralHill is killed. I saw Murray a few minutes since. Bernard, Terrysaid, was taken prisoner, but may yet get out. I send this by anegro 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 columntoward Burkeville Junction, did not receive this intelligence tillnearly nightfall, when within about ten miles of the Junction. Heset out for Jettersville immediately, but did not reach us till nearmidnight, too late of course to do anything that night. Taking mewith him, we went over to see Meade, whom he then directed to advanceearly in the morning on Amelia Court House. In this interview Grantalso stated that the orders Meade had already issued would permitLee's escape, and therefore must be changed, for it was not the aimonly to follow the enemy, but to get ahead of him, remarking duringthe conversation that, "he had no doubt Lee was moving right then. "On this same occasion Meade expressed a desire to have in theproposed attack all the troops of the Army of the Potomac under hisown command, and asked for the return of the Fifth Corps. I made noobjections, and it was ordered to report, to him. 

When, on the morning of the 6th, Meade advanced toward Amelia CourtHouse, he found, as predicted, that Lee was gone. It turned out thatthe retreat began the evening of the 5th and continued all night. Satisfied that this would be the case, I did not permit the cavalryto participate in Meade's useless advance, but shifted it out towardthe left to the road running from Deatonsville to Rice's station, Crook leading and Merritt close up. Before long the enemy's trainswere discovered on this road, but Crook could make but littleimpression on them, they were so strongly guarded; so, leavingStagg's brigade and Miller's battery about three miles southwest ofDeatonsville--where the road forks, with a branch leading northtoward the Appomattox--to harass the retreating column and find avulnerable point, I again shifted the rest of the cavalry toward theleft, across-country, but still keeping parallel to the enemy's lineof march. 

Just after crossing Sailor's Greek, a favorable opportunity offering, both Merritt and Crook attacked vigorously, gained the Rice's Stationroad, destroyed several hundred wagons, made many prisoners, andcaptured sixteen pieces of artillery. This was important, but morevaluable still was the fact that we were astride the enemy's line ofretreat, and had cut off from joining Longstreet, waiting at Rice'sStation, 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 beenleft at the forks of the Deatonsville road, had meanwhile broken inbetween the rear of Ewell's column and the head of Gordon's, forcingGordon to abandon his march for Rice's Station, and to take theright-hand road at the forks, on which he was pursued by GeneralHumphreys. 

The complete isolation of Ewell from Longstreet in his front andGordon in his rear led to the battle of Sailor's Creek, one of theseverest conflicts of the war, for the enemy fought with desperationto escape capture, and we, bent on his destruction, were no lesseager and determined. The capture of Ewell, with six of his generalsand most of his troops, crowned our success, but the fight was soovershadowed by the stirring events of the surrender three dayslater, that the battle has never been accorded the prominence itdeserves. 

The small creek from which the field takes its name flows in anorthwesterly direction across the road leading from Deatonsville toRice's Station. By shifting to the left, Merritt gained the Rice'sStation road west of the creek, making havoc of the wagon-trains, while Crook struck them further on and planted himself square acrossthe road. This blocked Ewell, who, advancing Anderson to some highground west of the creek, posted him behind barricades, with theintention of making a hard fight there, while the main body shouldescape through the woods in a westerly direction to roads that led toFarmville. This was prevented, however, by Crook forming hisdivision, two brigades dismounted and one mounted, and at onceassaulting all along Anderson's front and overlapping his right, while Merritt fiercely attacked to the right of Crook. The enemybeing thus held, enabled the Sixth Corps--which in the meantime I hadsent for--to come upon the ground, and Ewell, still contending withthe cavalry, found himself suddenly beset by this new danger from hisrear. To, meet it, he placed Kershaw to the right and Custis Lee tothe left of the Rice's Station road, facing them north toward andsome little distance from Sailor's Creek, supporting Kershaw withCommander Tucker's Marine brigade. Ewell's skirmishers held the lineof Sailor's Creek, which runs through a gentle valley, the northslope of which was cleared ground. 

By General Grant's directions the Sixth Corps had been following myroute of march since the discovery, about 9 o'clock in the morning, that Lee had decamped from Amelia Court House. Grant had promptlyinformed me of this in a note, saying, "The Sixth Corps will go inwith a vim any place you may dictate, " so when I sent word to Wrightof 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 sendingto me successively Major McClellan and Colonel Franklin, of hisstaff, to report his approach. 

I was well advised as to the position of the enemy throughinformation brought me by an intelligent young soldier, William A. Richardson, Company "A, " Second Ohio, who, in one of the cavalrycharges on Anderson, had cleared the barricades and made his way backto my front through Ewell's line. Richardson had told me just howthe main body of the enemy was posted, so as Seymour's divisionarrived 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, promptlyformed on Seymour's left. Both divisions thus aligned facedsouthwest toward Sailor's Creek, and the artillery of the corps beingmassed to the left and front of the Hibbon house, without waiting forGetty's division--for I feared that if we delayed longer the enemymight effect his escape toward Farmville--the general attack wasbegun. Seymour and Wheaton, moving forward together, assailed theenemy's front and left, and Stagg's brigade, too, which in the meantime had been placed between Wheaton's left and Devin's right, wentat him along with them, Merritt and Crook resuming the fight fromtheir positions in front of Anderson. The enemy, seeing littlechance of escape, fought like a tiger at bay, but both Seymour andWheaton pressed him vigorously, gaining ground at all points exceptjust to the right of the road, where Seymour's left was checked. Here the Confederates burst back on us in a counter-charge, surgingdown almost to the creek, but the artillery, supported by Getty, whoin the mean time had come on the ground, opened on them so terriblythat this audacious and furious onset was completely broken, thoughthe gallant fellows fell back to their original line doggedly, andnot until after they had almost gained the creek. Ewell was nowhemmed in on every side, and all those under his immediate commandwere captured. Merritt and Crook had also broken up Anderson by thistime, but he himself, and about two thousand disorganized men escapedby making their way through the woods toward the Appomattox Riverbefore they could be entirely enveloped. Night had fallen when thefight was entirely over, but Devin was pushed on in pursuit for abouttwo miles, part of the Sixth Corps following to clinch a victorywhich not only led to the annihilation of one corps of Lee'sretreating army, but obliged Longstreet to move up to Farmville, soas to take a road north of the Appomattox River toward Lynchburginstead of continuing toward Danville. 

At the close of the battle I sent one of my staff--Colonel RedwoodPrice--to General Grant to report what had been done; that we hadtaken six generals and from nine to ten thousand prisoners. On hisway Price stopped at the headquarters of General Meade, where helearned that not the slightest intelligence of the occurrence on myline had been received, for I not being under Meade's command, he hadpaid no attention to my movements. Price gave the story of thebattle, and General Meade, realizing its importance, sent directionsimmediately to General Wright to make his report of the engagement tothe headquarters of the Army of the Potomac, assuming that Wright wasoperating independently of me in the face of Grant's despatch Of2 o'clock, which said that Wright was following the cavalry and would"go in with a vim" wherever I dictated. Wright could not do elsethan comply with Meade's orders in the case, and I, being then inignorance of Meade's reasons for the assumption, could say nothing. But General Grant plainly intending, and even directing, that thecorps should be under my command, remedied this phase of the matter, when informed of what had taken place, by requiring Wright to send areport of the battle through me. What he then did, and what hisintentions and orders were, are further confirmed by a reference tothe episode in his "Memoirs, " where he gives his reasons for orderingthe Sixth Corps to abandon the move on Amelia Court House and pass tothe left of the army. On the same page he also says, referring tothe 6th of April: "The Sixth Corps now remained with the cavalryunder Sheridan's direct command until after the surrender. " Heunquestionably intended all of this, but his purpose was partlyfrustrated by General Meade's action next morning in assumingdirection of the movements of the corps; and before General Grantbecame aware of the actual conditions the surrender was at hand. 

CHAPTER VIII. 

LINCOLN'S LACONIC DESPATCH--CAPTURING LEE'S SUPPLIES--DELIGHTEDENGINEERS--THE CONFEDERATES' LAST EFFORT--A FLAG OF TRUCE--GENERALGEARY'S "LAST DITCH" ABSURDITY--MEETING OF GRANT AND LEE--THESURRENDER--ESTIMATE OF GENERAL GRANT. 

The first report of the battle of Sailor's Creek that General Grantreceived was, as already stated, an oral message carried by ColonelPrice, of my staff. Near midnight I sent a despatch giving the namesof the generals captured. These were Ewell, Kershaw, Barton, Corse, Dubose, and Custis Lee. In the same despatch I wrote: "If the thingis pressed, I think that Lee will surrender. " When Mr. Lincoln, atCity Point, received this word from General Grant, who wastransmitting every item of news to the President, he telegraphedGrant the laconic message: "Let the thing be pressed. " The morning ofthe 7th we moved out at a very early hour, Crook's division marchingtoward Farmville in direct pursuit, while Merritt and Mackenzie wereordered to Prince Edward's Court House to anticipate any effort Leemight make to escape through that place toward Danville since it hadbeen discovered that Longstreet had slipped away already from thefront of General Ord's troops at Rice's Station. Crook overtook themain body of the Confederates at Farmville, and promptly attackedtheir trains on the north side of the Appomattox with Gregg'sbrigade, which was fiercely turned upon and forced to re-cross theriver with the loss of a number of prisoner's, among them Gregghimself. When Crook sent word of this fight, it was clear that Leehad abandoned all effort to escape to the southwest by way ofDanville. Lynchburg was undoubtedly his objective point now; so, resolving to throw my cavalry again across his path, and hold himtill the infantry could overtake him, I directed everything onAppomattox depot, recalling Crook the night of the 7th to ProspectStation, while Merritt camped at Buffalo Creek, and Mackenzie made areconnoissance along the Lynchburg railroad. 

At break of day, April 8, Merritt and Mackenzie united with Crook atProspect Station, and the cavalry all moved then toward Appomattoxdepot. Hardly had it started when one of the scouts--Sergeant White--informed me that there were four trains of cars at the depot loadedwith supplies for Lee's army; these had been sent from Lynchburg, incompliance with the telegram of Lee's commissary-general, whichmessage, it will be remembered, was captured and transmitted toLynchburg by two of Young's scouts on the 4th. Sergeant White, whohad been on the lookout for the trains ever since sending thedespatch, found them several miles west of Appomattox depot feelingtheir way along, in ignorance of Lee's exact position. As he had theoriginal despatch with him, and took pains to dwell upon the pitiablecondition of Lee's army, he had little difficulty in persuading themen in charge of the trains to bring them east of Appomattox Station, but fearing that the true state of affairs would be learned beforelong, and the trains be returned to Lynchburg, he was painfullyanxious to have them cut off by breaking the track west of thestation. 

The intelligence as to the trains was immediately despatched toCrook, and I pushed on to join him with Merritt's command. Custerhaving the advance, moved rapidly, and on nearing the stationdetailed two regiments to make a detour southward to strike therailroad some distance beyond and break the track. These regimentsset off at a gallop, and in short order broke up the railroad enoughto prevent the escape of the trains, Custer meanwhile takingpossession of the station, but none too soon, for almost at themoment he did so the advance-guard of Lee's army appeared, bent onsecuring the trains. Without halting to look after the cars further, Custer attacked this advance-guard and had a spirited fight, in whichhe drove the Confederates away from the station, captured twenty-fivepieces of artillery, a hospital train, and a large park of wagons, which, in the hope that they would reach Lynchburg next day, werebeing pushed ahead of Lee's main body. 

Devin coming up a little before dusk, was put in on the right ofCuster, and one of Crook's brigades was sent to our left and theother two held in reserve. I then forced the enemy back on theAppomattox road to the vicinity of the Court House, and that theConfederates might have no rest, gave orders to continue theskirmishing throughout the night. Meanwhile the captured trains hadbeen taken charge of by locomotive engineers, soldiers of thecommand, who were delighted evidently to get back at their oldcalling. They amused themselves by running the trains to and fro, creating much confusion, and keeping up such an unearthly screechingwith the whistles that I was on the point of ordering the carsburned. They finally wearied of their fun, however, and ran thetrains off to the east toward General Ord's column. 

The night of the 8th I made my headquarters at a little frame housejust south of the station. I did not sleep at all, nor did anybodyelse, the entire command being up all night long; indeed, there hadbeen little rest in the, cavalry for the past eight days. Thenecessity of getting Ord's column up was so obvious now thatstaff-officer after staff-officer was sent to him and to General Grantrequesting that the infantry be pushed on, for if it could get to thefront, all knew that the rebellion would be ended on the morrow. Merritt, Crook, Custer, and Devin were present at frequent intervalsduring the night, and everybody was overjoyed at the prospect thatour weary work was about to end so happily. Before sun-up GeneralOrd arrived, and informed me of the approach of his column, it havingbeen marching the whole night. As he ranked me, of course I couldgive him no orders, so after a hasty consultation as to where histroops should be placed we separated, I riding to the front tooverlook my line near Appomattox Court House, while he went back tourge along his weary troops. 

The night before General Lee had held a council with his principalgenerals, when it was arranged that in the morning General Gordonshould undertake to break through my cavalry, and when I neared mytroops this movement was beginning, a heavy line of infantry bearingdown on us from the direction of the village. In front of Crook andMackenzie firing had already begun, so riding to a slight elevationwhere a good view of the Confederates could be had, I there came tothe conclusion that it would be unwise to offer more resistance thanthat necessary to give Ord time to form, so I directed Merritt tofall back, and in retiring to shift Devin and Custer to the right soas to make room for Ord, now in the woods to my rear. Crook, whowith his own and Mackenzie's divisions was on my extreme leftcovering some by-roads, was ordered to hold his ground as long aspracticable without sacrificing his men, and, if forced to retire, tocontest with obstinacy the enemy's advance. 

As already stated, I could not direct General Ord's course, he beingmy senior, but hastily galloping back to where he was, at the edge ofthe timber, I explained to him what was taking place at the front. Merritt's withdrawal inspired the Confederates, who forthwith beganto press Crook, their line of battle advancing with confidence tillit reached the crest whence I had reconnoitred them. From thisground they could see Ord's men emerging from the woods, and thehopelessness of a further attack being plain, the gray linesinstinctively halted, and then began to retire toward a ridgeimmediately fronting Appomattox Court House, while Ord, joined on hisright by the Fifth Corps, advanced on them over the ground thatMerritt had abandoned. 

I now directed my steps toward Merritt, who, having mounted histroopers, had moved them off to the right, and by the time I reachedhis headquarters flag he was ready for work, so a move on the enemy'sleft was ordered, and every guidon was bent to the front. As thecavalry marched along parallel with the Confederate line, and intoward its left, a heavy fire of artillery opened on us, but thiscould not check us at such a time, and we soon reached some highground about half a mile from the Court House, and from here I couldsee in the low valley beyond the village the bivouac undoubtedly ofLee'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 heavyrear-guard--confronting, presumably, General Meade. 

I decided to attack at once, and formations were ordered at a trotfor a charge by Custer's and Devin's divisions down the slope leadingto the camps. Custer was soon ready, but Devin's division being inrear its formation took longer, since he had to shift further to theright; Devin's preparations were, therefore, but partially completedwhen an aide-decamp galloped up to with the word from Custer, "Leehas surrendered; do not charge; the white flag is up. " The enemyperceiving that Custer was forming for attack, had sent the flag outto his front and stopped the charge just in time. I at once sentword of the truce to General Ord, and hearing nothing more fromCuster himself, I supposed that he had gone down to the Court Houseto join a mounted group of Confederates that I could see near there, so I, too, went toward them, galloping down a narrow ridge, staff andorderlies following; but we had not got half way to the Court Housewhen, from a skirt of timber to our right, not more than threehundred yards distant, a musketry fire was opened on us. This haltedus, when, waving my hat, I called out to the firing party that wewere under a truce, and they were violating it. This did not stopthem, however, so we hastily took shelter in a ravine so situated asto throw a ridge between us and the danger. 

We traveled in safety down this depression to its mouth, and thenceby a gentle ascent approached the Court House. I was in advance, followed by a sergeant carrying my battleflag. When I got withinabout a hundred and fifty yards of the enemy's line, which wasimmediately in front of the Court House, some of the Confederatesleveled their pieces at us, and I again halted. Their officers kepttheir men from firing, however, but meanwhile a single-handed contesthad begun behind me, for on looking back I heard a Confederatesoldier demanding my battle-flag from the color-bearer, thinking, nodoubt, that we were coming in as prisoners. The sergeant had drawnhis sabre and was about to cut the man down, but at a word from me hedesisted and carried the flag back to my staff, his assailant quicklyrealizing that the boot was on the other leg. 

These incidents determined me to remain where I was till the returnof a staff-officer whom I had sent over to demand an explanation fromthe group of Confederates for which I had been heading. He came backin a few minutes with apologies for what had occurred, and informedme that General Gordon and General Wilcox were the superior officersin the group. As they wished me to join them I rode up with mystaff, but we had hardly met when in front of Merritt firing began. At the sound I turned to General Gordon, who seemed embarrassed bythe occurrence, and remarked: "General, your men fired on me as I wascoming over here, and undoubtedly they are treating Merritt andCuster the same way. We might as well let them fight it out. " Hereplied, "There must be some mistake. " I then asked, "Why not send astaff-officer and have your people cease firing; they are violatingthe flag. " He answered, "I have no staff-officer to send. " WhereuponI said that I would let him have one of mine, and calling forLieutenant Vanderbilt Allen, I directed him to carry General Gordon'sorders to General Geary, commanding a small brigade of South Carolinacavalry, to discontinue firing. Allen dashed off with the messageand soon delivered it, but was made a prisoner, Geary saying, "I donot care for white flags: South Carolinians never surrender.... " Bythis 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 asuspension of hostilities pending the negotiations which he is havingwith General Grant. " I rejoined: "I have been constantly informed ofthe progress of the negotiations, and think it singular that whilesuch discussions are going on, General Lee should have continued hismarch and attempted to break through my lines this morning. I willentertain no terms except that General Lee shall surrender to GeneralGrant on his arrival here. If these terms are not accepted we willrenew hostilities. " Gordon replied: "General Lee's army isexhausted. There is no doubt of his surrender to General Grant. "

It was then that General Ord joined us, and after shaking hands allaround, I related the situation to him, and Gordon went away agreeingto meet us again in half an hour. When the time was up he came backaccompanied by General Longstreet, who brought with him a despatch, the duplicate of one that had been sent General Grant through GeneralMeade's lines back on the road over which Lee had been retreating. 

General Longstreet renewed the assurances that already had been givenby Gordon, and I sent Colonel Newhall with the despatch to findGeneral Grant and bring him to the front. When Newhall started, everything on our side of the Appomattox Court House was quiet, forinevitable surrender was at hand, but Longstreet feared that Meade, in ignorance of the new conditions on my front might attack theConfederate rearguard. To prevent this I offered to send Colonel J. W. Forsyth through the enemy's lines to let Meade know of myagreement, for he too was suspicious that by a renewed correspondenceLee was endeavoring to gain time for escape. My offer beingaccepted, Forsyth set out accompanied by Colonel Fairfax, ofLongstreet's staff, and had no difficulty in accomplishing hismission. 

About five or six miles from Appomattox, on the road toward ProspectStation near its intersection with the Walker's Church road, myadjutant-general, Colonel Newhall, met General Grant, he havingstarted from north of the Appomattox River for my front the morningof April 9, in consequence of the following despatches which had beensent him the night before, after we had captured Appomattox Stationand 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 andProspect Station on Appomattox Station, where my scouts had reportedtrains of cars with supplies for Lee's army. A short time beforedark General Custer, who had the advance, made a dash at the station, capturing four trains of supplies with locomotives. One of thetrains was burned and the others were run back toward Farmville forsecurity. Custer then pushed on toward Appomattox Court House, driving the enemy--who kept up a heavy fire of artillery--chargingthem repeatedly and capturing, as far as reported, twenty-five piecesof artillery and a number of prisoners and wagons. The First CavalryDivision supported him on the right. A reconnoissance sent acrossthe Appomattox reports the enemy moving on the Cumberland road toAppomattox Station, where they expect to get supplies. Custer isstill pushing on. If General Gibbon and the Fifth Corps can get upto-night, we will perhaps finish the job in the morning. I do notthink 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 Custerreports that his command has captured in all thirty-five pieces ofartillery, one thousand prisoners--including one general officer--andfrom one hundred and fifty to two hundred wagons. 

"P. H. SHERIDAN, Major-General. "

In attempting to conduct the lieutenant-general and staff back by ashort route, Newhall lost his bearings for a time, inclining intoward the enemy's lines too far, but regained the proper directionwithout serious loss of time. General Grant arrived about 1 o'clockin the afternoon, Ord and I, dismounted, meeting him at the edge ofthe town, or crossroads, for it was little more. He remainingmounted, 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, "IsGeneral Lee up there?" and I replied: "There is his army down in thatvalley, and he himself is over in that house (designating McLean'shouse) 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-officersfollowed, intermingling with those of the general-in-chief as thecavalcade took its way to McLean's house near by, and where GeneralLee had arrived some time before, in consequence of a message fromGeneral Grant consenting to the interview asked for by Lee throughMeade's front that morning--the consent having been carried byColonel Babcock. 

When I entered McLean's house General Lee was standing, as was alsohis military secretary, Colonel Marshall, his only staff-officerpresent. General Lee was dressed in a new uniform and wore ahandsome sword. His tall, commanding form thus set off contrastedstrongly with the short figure of General Grant, clothed as he was ina soiled suit, without sword or other insignia of his position excepta pair of dingy shoulder-straps. After being presented, Ord and I, and nearly all of General Grant's staff, withdrew to await theagreement as to terms, and in a little while Colonel Babcock came tothe door and said, "The surrender had been made; you can come inagain. "

When we re-entered General Grant was writing; and General Lee, havingin his hand two despatches, which I that morning requested might bereturned, 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 theline did not fully understand the agreement. " These despatches hadbeen sent in the forenoon, after the fighting had been stopped, notifying General Lee that some of his cavalry in front of Crook wasviolating the suspension of hostilities by withdrawing. About3 o'clock in the afternoon the terms of surrender were written outand accepted, and General Lee left the house, as he departedcordially shaking hands with General Grant. A moment later hemounted his chunky gray horse, and lifting his hat as he passed outof the yard, rode off toward his army, his arrival there beingannounced to us by cheering, which, as it progressed, varying inloudness, told he was riding through the bivouac of the Army ofNorthern Virginia. 

The surrender of General Lee practically ended the war of therebellion. For four years his army had been the main-stay of theConfederacy; and the marked ability with which he directed itsoperations is evidenced both by his frequent successes and the lengthof time he kept up the contest. Indeed, it may be said that tillGeneral Grant was matched against him, he never met an opponent hedid not vanquish, for while it is true that defeat was inflicted onthe Confederates at Antietam and Gettysburg, yet the fruits of thesevictories were not gathered, for after each of these battles Lee wasleft unmolested till he had a chance to recuperate. 

The assignment of General Grant to the command of the Union armies inthe winter of 1863-64 gave presage of success from the start, for hiseminent abilities had already been proved, and besides, he was atower of strength to the Government, because he had the confidence ofthe people. They knew that henceforth systematic direction would begiven to our armies in every section of the vast territory over whichactive operations were being prosecuted, and further, that thiscoherence, this harmony of plan, was the one thing needed to end thewar, for in the three preceding years there had been illustrated mostlamentable effects of the absence of system. From the moment he setour armies in motion simultaneously, in the spring of 1864, it couldbe seen that we should be victorious ultimately, for though ondifferent lines we were checked now and then, yet we were harassingthe Confederacy at so many vital points that plainly it must yield toour blows. Against Lee's army, the forefront of the Confederacy, Grant pitted himself; and it may be said that the Confederatecommander was now, for the first time, overmatched, for against allhis devices--the products of a mind fertile in defense--General Grantbrought to bear not only the wealth of expedient which had hithertodistinguished him, but also an imperturbable tenacity, particularlyin the Wilderness and on the march to the James, without which thealmost insurmountable obstacles of that campaign could not have beenovercome. During it and in the siege of Petersburg he met with manydisappointments--on several occasions the shortcomings of generals, when at the point of success, leading to wretched failures. But sofar as he was concerned, the only apparent effect of thesediscomfitures was to make him all the more determined to dischargesuccessfully the stupendous trust committed to his care, and to bringinto play the manifold resources of his well ordered military mind. He guided every subordinate then, and in the last days of therebellion, with a fund of common sense and superiority of intellect, which have left an impress so distinct as to exhibit his greatpersonality. When his military history is analyzed after the lapseof years, it will show, even more clearly than now, that during theseas well as in his previous campaigns he was the steadfast Centreabout and on which everything else turned. 

CHAPTER IX. 

ORDERED TO GREENSBORO', N. C. --MARCH TO THE DAN RIVER--ASSIGNED TOTHE COMMAND WEST OF THE MISSISSIPPI--LEAVING WASHINGTON--FLIGHT OFGENERAL EARLY--MAXIMILIAN--MAKING DEMONSTRATIONS ON THE UPPER RIOGRANDE--CONFEDERATES JOIN MAXIMILIAN--THE FRENCH INVASION OF MEXICOAND ITS RELATIONS TO THE REBELLION--ASSISTING THE LIBERALS--RESTORATION OF THE REPUBLIC. 

The surrender at Appomattox put a stop to all military operations onthe part of General Grant's forces, and the morning of April 10 mycavalry began its march to Petersburg, the men anticipating that theywould soon be mustered out and returned to their homes. At NottowayCourt House I heard of the assassination of the President. The firstnews came to us the night after the dastardly deed, the telegraphoperator having taken it from the wires while in transmission toGeneral Meade. The despatch ran that Mr. Lincoln had been, shot at10 o'clock that morning at Willard's Hotel, but as I could conceiveof nothing to take the President there I set the story down as acanard, and went to bed without giving it further thought. Nextmorning, however, an official telegram confirmed the fact of theassassination, though eliminating the distorted circumstances thathad been communicated the night before. 

When we reached Petersburg my column was halted, and instructionsgiven me to march the cavalry and the Sixth Corps to Greensboro', North Carolina, for the purpose of aiding General Sherman (thesurrender of General Johnston having not yet been effected), so Imade the necessary preparations and moved on the 24th of April, arriving at South Boston, on the Dan River, the 28th, the Sixth Corpshaving reached Danville meanwhile. At South Boston I received adespatch from General Halleck, who immediately after Lee's surrenderhad been assigned to command at Richmond, informing me that GeneralJohnston had been brought to terms. The necessity for going farthersouth being thus obviated we retraced our steps to Petersburg, fromwhich place I proceeded by steamer to Washington, leaving, thecavalry to be marched thither by easy stages. 

The day after my arrival in Washington an important order was sentme, accompanied by the following letter of instructions, transferringme 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 theMiddle Military Division and assigning you to command west of theMississippi, you will proceed without delay to the West to arrangeall preliminaries for your new field of duties. 

"Your duty is to restore Texas, and that part of Louisiana held bythe enemy, to the Union in the shortest practicable time, in a waymost effectual for securing permanent peace. 

"To do this, you will be given all the troops that can be sparedby Major-General Canby, probably twenty-five thousand men ofall arms; the troops with Major-General J. J. Reynolds, in Arkansas, say twelve thousand, Reynolds to command; the FourthArmy Corps, now at Nashville, Tennessee, awaiting orders; andthe Twenty-Fifth Army Corps, now at City Point, Virginia, readyto embark. 

"I do not wish to trammel you with instructions; I will state, however, that if Smith holds out, without even an ostensiblegovernment to receive orders from or to report to, he and his men arenot entitled to the considerations due to an acknowledgedbelligerent. Theirs are the conditions of outlaws, making waragainst the only Government having an existence over the territorywhere war is now being waged. 

"You may notify the rebel commander west of the Mississippi--holdingintercourse with him in person, or through such officers of the rankof major-general as you may select--that he will be allowed tosurrender all his forces on the same terms as were accorded to Leeand Johnston. If he accedes, proceed to garrison the Red River ashigh 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 apoint opposite Camargo, and above that if supplies can be procured. 

"In case of an active campaign (a hostile one) I think a heavy forceshould be put on the Rio Grande as a first preliminary. Troops forthis might be started at once. The Twenty-Fifth Corps is nowavailable, and to it should be added a force of white troops, saythose now under Major-General Steele. 

"To be clear on this last point, I think the Rio Grande should bestrongly held, whether the forces in Texas surrender or not, and thatno time should be lost in getting troops there. If war is to bemade, 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 canbe 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 myremaining in Washington till after the Grand Review, which was fixedfor the 23d and 24th of May, for naturally I had a strong desire tohead my command on that great occasion. But the General told me thatit was absolutely necessary to go at once to force the surrender ofthe Confederates under Kirby Smith. He also told me that the Stateslately in rebellion would be embraced in two or three militarydepartments, the commanders of which would control civil affairsuntil Congress took action about restoring them to the Union, sincethat course would not only be economical and simple, but would givethe 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 additionalmotive in sending me to the new command, a motive not explained bythe instructions themselves, and went on to say that, as a matter offact, he looked upon the invasion of Mexico by Maximilian as a partof the rebellion itself, because of the encouragement that invasionhad received from the Confederacy, and that our success in puttingdown secession would never be complete till the French and Austrianinvaders were compelled to quit the territory of our sister republic. With regard to this matter, though, he said it would be necessary forme to act with great circumspection, since the Secretary of State, Mr. Seward, was much opposed to the use of our troops along theborder in any active way that would be likely to involve us in a warwith European powers. 

Under the circumstances, my disappointment at not being permitted toparticipate in the review had to be submitted to, and I leftWashington without an opportunity of seeing again in a body the menwho, while under my command, had gone through so many trials andunremittingly pursued and, assailed the enemy, from the beginning ofthe campaign of 1864 till the white flag came into their hands atAppomattox Court House. 

I went first to St. Louis, and there took the steamboat for NewOrleans, and when near the mouth of the Red River received word fromGeneral Canby that Kirby Smith had surrendered under terms similar tothose accorded Lee and Johnston. But the surrender was not carriedout in good faith, particularly by the Texas troops, though this Idid not learn till some little time afterward when I was informedthat they had marched off to the interior of the State in severalorganized bodies, carrying with them their camp equipage, arms, ammunition, and even some artillery, with the ultimate purpose ofgoing to Mexico. In consequence of this, and also because of thedesire 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 Houstonunder Custer. Both commands were to start from the Red River--Shreveport and Alexandria--being the respective initial points--andin organizing the columns, to the mounted force already on the RedRiver were added several regiments of cavalry from the east bank ofthe, Mississippi, and in a singular way one of these fell upon thetrail of my old antagonist, General Early. While crossing the riversomewhere below Vicksburg some of the men noticed a suspiciouslooking party being ferried over in a rowboat, behind which twohorses were swimming in tow. Chase was given, and the horses, beingabandoned by the party, fell into the hands of our troopers, who, however, failed to capture or identify the people in the boat. Assubsequently ascertained, the men were companions of Early, who wasalready across the Mississippi, hidden in the woods, on his way withtwo or three of these followers to join the Confederates in Texas, not having heard of Kirby Smith's surrender. A week or two later Ireceived a letter from Early describing the affair, and the captureof the horses, for which he claimed pay, on the ground that they wereprivate property, because he had taken them in battle. The letteralso said that any further pursuit of Early would be useless, as he"expected to be on the deep blue sea" by the time his communicationreached me. The unfortunate man was fleeing from imaginary dangers, however, for striking his trail was purely accidental, and no effortwhatever was being made to arrest him personally. Had this beenespecially desired it might have been accomplished very readily justafter Lee's surrender, for it was an open secret that Early was thennot far away, pretty badly disabled with rheumatism. 

By the time the two columns were ready to set out for San Antonio andHouston, General Frank Herron, --with one division of the ThirteenthCorps, occupied Galveston, and another division under General FredSteele had gone to Brazos Santiago, to hold Brownsville and the lineof the Rio Grande, the object being to prevent, as far as possible, the escaping Confederates from joining Maximilian. With this purposein view, and not forgetting Grant's conviction that the Frenchinvasion of Mexico was linked with the rebellion, I asked for anincrease of force to send troops into Texas in fact, to concentrateat available points in the State an army strong enough to moveagainst the invaders of Mexico if occasion demanded. The Fourth andTwenty-fifth army corps being ordered to report to me, accordingly, Isent the Fourth Corps to Victoria and San Antonio, and the bulk ofthe Twenty-fifth to Brownsville. Then came the feeding and caringfor all these troops--a difficult matter--for those at Victoria andSan Antonio had to be provisioned overland from Indianola across the"hog-wallow prairie, " while the supplies for the forces atBrownsville and along the Rio Grande must come by way of BrazosSantiago, from which point I was obliged to construct, with the laborof the men, a railroad to Clarksville, a distance of about eighteenmiles. 

The latter part of June I repaired to Brownsville myself to impressthe Imperialists, as much as possible, with the idea that we intendedhostilities, and took along my chief of scouts--Major Young--and fourof his most trusty men, whom I had had sent from Washington. FromBrownsville I despatched all these men to important points innorthern Mexico, to glean information regarding the movements of theImperial forces, and also to gather intelligence about theex-Confederates who had crossed the Rio Grande. On informationfurnished by these scouts, I caused General Steele to makedemonstrations all along the lower Rio Grande, and at the same timedemanded the return of certain munitions of war that had been turnedover by ex-Confederates to the Imperial General (Mejia) commanding atMatamoras. These demands, backed up as they were by such aformidable show of force created much agitation and demoralizationamong the Imperial troops, and measures looking to the abandonment ofnorthern Mexico were forthwith adopted by those in authority--apolicy that would have resulted in the speedy evacuation of theentire country by Maximilian, had not our Government weakened;contenting itself with a few pieces of the contraband artilleryvarnished over with the Imperial apologies. A golden opportunity waslost, for we had ample excuse for crossing the boundary, but Mr. Seward being, as I have already stated, unalterably opposed to anyact likely to involve us in war, insisted on his course ofnegotiation with Napoleon. 

As the summer wore away, Maximilian, under Mr. Seward's policy, gained in strength till finally all the accessible sections of Mexicowere in his possession, and the Republic under President Juarezalmost succumbed. Growing impatient at this, in the latter part ofSeptember I decided to try again what virtue there might be in ahostile demonstration, and selected the upper Rio Grande for thescene of my attempt. Merritt's cavalry and the Fourth Corps stillbeing at San Antonio, I went to that place and reviewed these troops, and having prepared them with some ostentation for a campaign, ofcourse it was bruited about that we were going to invade Mexico. Then, escorted by a regiment of horse I proceeded hastily to FortDuncan, on the Rio Grande just opposite the Mexican town of PiedrasNegras. Here I opened communication with President Juarez, throughone of his staff, taking care not to do this in the dark, and thenews, spreading like wildfire, the greatest significance was ascribedto my action, it being reported most positively and with manyspecific details that I was only awaiting the arrival of the troops, then under marching orders at San Antonio, to cross the Rio Grande inbehalf of the Liberal cause. 

Ample corroboration of the reports then circulated was found in myinquiries regarding the quantity of forage we could depend upongetting in Mexico, our arrangements for its purchase, and my sendinga pontoon train to Brownsville, together with which was cited therenewed activity of the troops along the lower Rio Grande. Thesereports and demonstrations resulted in alarming the Imperialists somuch that they withdrew the French and Austrian soldiers fromMatamoras, and practically abandoned the whole of northern Mexico asfar down as Monterey, with the exception of Matamoras, where GeneralMejia continued to hang on with a garrison of renegade Mexicans. 

The abandonment of so much territory in northern Mexico encouragedGeneral Escobedo and other Liberal leaders to such a degree that theycollected 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 harassingMatamoras, succeeded in keeping its Imperial garrison within thefortifications. Thus countenanced and stimulated, and largelysupplied with arms and ammunition, which we left at convenient placeson our side of the river to fall into their hands, the Liberals, under General Escobedo--a man of much force of character--wereenabled in northern Mexico to place the affairs of the Republic on asubstantial basis. 

But in the midst of what bade fair to cause a final withdrawal of theforeigners, we were again checked by our Government, as a result ofrepresentations of the French Minister at Washington. In October, hewrote to Mr. Seward that the United States troops on the Rio Grandewere acting "in exact opposition to the repeated assurances YourExcellency has given me concerning the desire of the Cabinet atWashington to preserve the most strict neutrality in the events nowtaking place in Mexico, " and followed this statement with an emphaticprotest against our course. Without any investigation whatever byour State Department, this letter of the French Minister wastransmitted to me, accompanied by directions to preserve a strictneutrality; so, of course, we were again debarred from anything likeactive sympathy. 

After this, it required the patience of Job to abide the slow andpoky methods of our State Department, and, in truth, it was oftenvery difficult to restrain officers and men from crossing the RioGrande with hostile purpose. Within the knowledge of my troops, there had gone on formerly the transfer of organized bodies ofex-Confederates to Mexico, in aid of the Imperialists, and at thisperiod it was known that there was in preparation an immigrationscheme having in view the colonizing, at Cordova and one or two otherplaces, of all the discontented elements of the defunct Confederacy--Generals Price, Magruder, Maury, and other high personages beingpromoters of the enterprise, which Maximilian took to readily. Hesaw in it the possibilities of a staunch support to his throne, andtherefore not only sanctioned the project, but encouraged it withlarge grants of land, inspirited the promoters with titles ofnobility, and, in addition, instituted a system of peonage, expectingthat the silver hook thus baited would be largely swallowed by theSouthern people. 

The announcement of the scheme was followed by the appointment ofcommissioners in each of the Southern States to send out emigrants;but before any were deluded into starting, I made to General Grant areport of what was going on, with the recommendation that measures betaken, through our State Department, looking to the suppression ofthe colony; but, as usual, nothing could be effected through thatchannel; so, as an alternative, I published, in April, 1866, byauthority of General Grant, an order prohibiting the embarkation fromports in Louisiana and Texas, for ports in Mexico, of any personwithout a permit from my headquarters. This dampened the ardor ofeverybody in the Gulf States who had planned to go to Mexico; andalthough the projectors of the Cordova Colonization Scheme--the nameby 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 periodthere sprang up many factional differences from various causes, somepersonal, others political, and some, I regret to say, from downrightmoral obliquity--as, for example, those between Cortinas and Canales--who, though generally hostile to the Imperialists, were freebootersenough to take a shy at each other frequently, and now and then evento join forces against Escobedo, unless we prevented them by coaxingor threats. A general who could unite these several factions wastherefore greatly needed, and on my return to New Orleans I sotelegraphed General Grant, and he, thinking General Caravajal (thenin Washington seeking aid for the Republic) would answer the purpose, persuaded him to report to me in New Orleans. Caravajal promptlyappeared, but he did not impress me very favorably. He was old andcranky, yet, as he seemed anxious to do his best, I sent him over toBrownsville, with credentials, authorizing him to cross into Mexico, and followed him myself by the next boat. When I arrived inBrownsville, matters in Matamoras had already reached a crisis. General Mejia, feeling keenly the moral support we were giving theLiberals, and hard pressed by the harassing attacks of Cortinas andCanales, had abandoned the place, and Caravajal, because of hiscredentials from our side, was in command, much to thedissatisfaction of both those chiefs whose differences it wasintended he should reconcile. 

The, day after I got to Brownsville I visited Matamoras, and had along interview with Caravajal. The outcome of this meeting was, onmy part, a stronger conviction than ever that he was unsuitable, andI feared that either Canales or Cortinas would get possession of thecity. Caravajal made too many professions of what he would do--inshort, 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 feathersof Canales and Cortinas. In my interview with Caravajal Irecommended Major Young as a confidential man, whom he could relyupon as a "go-between" for communicating with our people atBrownsville, and whom he could trust to keep him informed of theaffairs 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, afortnight passed before I heard anything from Brownsville. In themeanwhile Major Young had come to New Orleans, and organized there aband of men to act as a body-guard for Caravajal, the old wretchhaving induced him to accept the proposition by representing that ithad my concurrence. I at once condemned the whole business, butYoung, having been furnished with seven thousand dollars to recruitthe men and buy their arms, had already secured both, and was sodeeply involved in the transaction, he said, that he could notwithdraw without dishonor, and with tears in his eyes he besought meto help him. He told me he had entered upon the adventure in thefirm belief that I would countenance it; that the men and theirequipment were on his hands; that he must make good his word at allhazards; and that while I need not approve, yet I must go far enoughto consent to the departure of the men, and to loan him the moneynecessary to provision his party and hire a schooner to carry them toBrazos. It was hard in deed to resist the appeals of this man, whohad served me so long and so well, and the result of his pleading wasthat I gave him permission to sail, and also loaned him the sum askedfor; but I have never ceased to regret my consent, for misfortunefell 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 notaccept their services. This left Young with about fifty men to whomhe was accountable, and as he had no money to procure themsubsistence, they were in a bad fix. The only thing left to do wasto tender their services to General Escobedo, and with this in viewthe party set out to reach the General's camp, marching up the RioGrande on the American side, intending to cross near Ringgold Barracks. In advance of them, however, had spread far and wide thetidings of who they were, what they proposed to do, and where theywere going, and before they could cross into Mexico they wereattacked by a party of ex-Confederates and renegade Mexicanrancheros. Being on American soil, Young forbade his men to returnthe fire, and bent all his efforts to getting them over the river;but in this attempt they were broken up, and became completelydemoralized. A number of the men were drowned while swimming theriver, Young himself was shot and killed, a few were captured, andthose who escaped--about twenty in all--finally joined Escobedo, butin such a plight as to be of little use. With this distressingaffair came to an end pretty much all open participation of Americansympathizers with the Liberal cause, but the moral support affordedby the presence of our forces continued, and this was frequentlysupplemented with material aid in the shape of munitions of war, which we liberally supplied, though constrained to do so by the mostsecret methods. 

The term of office of Juarez as President of the Mexican Republicexpired in December, 1865, but to meet existing exigencies he hadcontinued himself in office by proclamation, a course renderednecessary by the fact that no elections could be held on account ofthe Imperial occupation of most of the country. The official who, bythe Mexican Constitution, is designated for the succession in such anemergency, is the President of the Supreme Court, and the person theneligible under this provision was General Ortega, but in the interestof the Imperialists he had absented himself from Mexico, hence thepatriotic course of Juarez in continuing himself at the head ofaffairs was a necessity of the situation. This action of thePresident gave the Imperialists little concern at first, but with therevival of the Liberal cause they availed themselves of every meansto divide its supporters, and Ortega, who had been lying low in theUnited States, now came forward to claim the Presidency. Thoughridiculously late for such a step, his first act was to issue amanifesto protesting against the assumption of the executiveauthority by Juarez. The protest had little effect, however, and hisnext proceeding was to come to New Orleans, get into correspondencewith other disaffected Mexicans, and thus perfect his plans. When hethought 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 hewas up to, and in advance of his departure had sent instructions tohave him arrested on American soil. Colonel Sedgwick, commanding atBrownsville, was now temporary master of Matamoras also, by reason ofhaving stationed some American troops there for the protection ofneutral merchants, so when Ortega appeared at Brazos, Sedgwickquietly arrested him and held him till the city of Matamoras wasturned over to General Escobedo, the authorized representative ofJuarez; then Escobedo took charge, of Ortega, and with ease preventedhis further machinations. 

During the winter and spring of 1866 we continued covertly supplyingarms and ammunition to the Liberals--sending as many as 30, 000muskets from Baton Rouge Arsenal alone--and by mid-summer Juarez, having organized a pretty good sized army, was in possession of thewhole line of the Rio Grande, and, in fact, of nearly the whole ofMexico down to San Louis Potosi. Then thick and fast came rumorspointing to the tottering condition of Maximilian's Empire-first, that Orizaba and Vera Cruz were being fortified; then, that theFrench were to be withdrawn; and later came the intelligence that theEmpress Carlotta had gone home to beg assistance from Napoleon, theauthor of all of her husband's troubles. But the situation forcedNapoleon to turn a deaf ear to Carlotta's prayers. The brokenheartedwoman besought him on her knees, but his fear of losing an army madeall pleadings vain. In fact, as I ascertained by the followingcablegram which came into my hands, Napoleon's instructions for theFrench evacuation were in Mexico at the very time of this patheticscene between him and Carlotta. The despatch was in cipher when Ireceived it, but was translated by the telegraph operator at myheadquarters, who long before had mastered the key of the Frenchcipher:

"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La. 

"To GENERAL CASTELNAU, at Mexico. 

"Received your despatch of the 9th December. Do not compel theEmperor to abdicate, but do not delay the departure of the troops;bring back all those who will not remain there. Most of the fleethas left. 

"NAPOLEON. "

This meant the immediate withdrawal of the French. The rest of thestory--which has necessarily been but in outline--is soon told. Maximilian, though deserted, determined to hold out to the last, andwith the aid of disloyal Mexicans stuck to his cause till the spring. When taken prisoner at Queretaro, he was tried and executed undercircumstances that are well known. From promptings of humanitySecretary Seward tried hard to save the Imperial prisoner, butwithout success. The Secretary's plea for mercy was sent through meat New Orleans, and to make speed I hired a steamer to proceed withit across the Gulf to Tampico. The document was carried by SergeantWhite, one of my scouts, who crossed the country from Tampico, anddelivered it to Escobedo at Queretaro; but Mr. Seward'srepresentations were without avail--refused probably because littlemercy had been shown certain Liberal leaders unfortunate enough tofall into Maximilian's hands during the prosperous days of hisEmpire. 

At the close of our war there was little hope for the Republic ofMexico. Indeed, till our troops were concentrated on the Rio Grandethere was none. Our appearance in such force along the borderpermitted the Liberal leaders, refugees from their homes, toestablish rendezvous whence they could promulgate their plans insafety, while the countenance thus given the cause, when hope waswell-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 significantand powerful backing, progress and steadily grow so strong thatwithin two years Imperialism had received its death-blow. I doubtvery much whether such, results could have been achieved without thepresence of an American army on the Rio Grande, which, be itremembered, was sent there because, in General Grant's words, theFrench invasion of Mexico was so closely related to the rebellion asto be essentially a part of it. 

CHAPTER X. 

A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS--ASSEMBLES ACONSTITUTIONAL CONVENTION--THE TEXANS DISSATISFIED--LAWLESSNESS--OPPRESSIVE LEGISLATION--EX-CONFEDERATES CONTROLLING LOUISIANA--ACONSTITUTIONAL CONVENTION--THE MEETING SUPPRESSED--A BLOODY RIOT--MYREPORTS 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 tointernational matters along the Rio Grande, the civil affairs ofTexas and Louisiana required a certain amount of military supervisionalso in the absence of regularly established civil authority. At thetime of Kirby Smith's surrender the National Government hadformulated no plan with regard to these or the other States lately inrebellion, though a provisional Government had been set up inLouisiana as early as 1864. In consequence of this lack of system, Governor Pendleton Murray, of Texas, who was elected underConfederate rule, continued to discharge the duties of Governor tillPresident Johnson, on June 17, in harmony with his amnestyproclamation of May 29, 1865, appointed A. J. Hamilton provisionalGovernor. Hamilton was empowered by the President to call aConstitutional convention, the delegates to which were to be elected, under certain prescribed qualifications, for the purpose oforganizing the political affairs of the State, the Governor to beguided by instructions similar to those given the provisionalGovernor of North Carolina (W. W. Holden), when appointed in May. 

The convening of this body gave rise to much dissatisfaction amongthe people of Texas. They had assumed that affairs were to go on asof old, and that the reintegration of the State was to take placeunder the administration of Governor Murray, who, meanwhile, hadtaken it upon himself, together with the Legislature, to authorizethe election of delegates to a State Convention, without restrictionas to who should be entitled to vote. Thus encouraged, the elementbut lately in armed rebellion was now fully bent on restoring theState to the Union without any intervention whatever of the FederalGovernment; but the advent of Hamilton put an end to such illusions, since his proclamation promptly disfranchised the element inquestion, whose consequent disappointment and chagrin were so greatas to render this factor of the community almost uncontrollable. Theprovisional Governor at once rescinded the edict of Governor Murray, prohibited the assembling of his convention, and shortly aftercalled, one himself, the delegates to which were to b chosen byvoters who could take the amnesty-oath. The proclamation conveningthis assemblage also announced the policy that would be pursued ingoverning the State until its affairs were satisfactorilyreorganized, defined in brief the course to be followed by theJudiciary, and provided for the appointment, by the Governor, ofcounty officials to succeed those known to be disloyal. As thisaction of Hamilton's disfranchised all who could not take the amnestyoath, and of course deprived them of the offices, it met at once withpronounced and serious opposition, and he quickly realized that hehad on his hands an arduous task to protect the colored people, particularly as in the transition state of society just after theclose of the war there prevailed much lawlessness, which venteditself chiefly on the freedmen. It was greatly feared that politicalrights were to be given those so recently in servitude, and as it wasgenerally believed that such enfranchisement would precipitate a racewar unless the freedmen were overawed and kept in a state ofsubjection, acts of intimidation were soon reported from all parts ofthe State. 

Hamilton, an able, determined, and fearless man, tried hard to curbthis terrorism, but public opinion being strong against him, he couldaccomplish little without military aid. As department commander, Iwas required, whenever called upon, to assist his government, and asthese requisitions for help became necessarily very frequent, theresult was that shortly after he assumed his duties, detachments oftroops were stationed in nearly every county of the State. By suchdisposition of my forces fairly good order was maintained under theadministration of Hamilton, and all went well till the inaugurationof J. W. Throckmorton, who, elected Governor in pursuance of anauthorization granted by the convention which Hamilton had calledtogether, assumed the duties of the office August 9, 1866. 

One of Governor Throckmorton's first acts was to ask the withdrawalor non-interference of the military. This was not all granted, butunder his ingenious persuasion President Johnson, on the 13th ofAugust, 1866, directed that the new State officials be entrusted withthe unhampered control of civil affairs, and this was more thanenough to revive the bulldozing methods that had characterized thebeginning of Hamilton's administration. Oppressive legislation inthe shape of certain apprentice and vagrant laws quickly followed, developing a policy of gross injustice toward the colored people onthe part of the courts, and a reign of lawlessness and disorderensued which, throughout the remote districts of the State at least, continued till Congress, by what are known as the ReconstructionActs, took into its own hands the rehabilitation of the secededStates. 

In the State of Louisiana a provisional government, chosen by theloyal element, had been put in operation, as already mentioned, asearly as 1864. This was effected under encouragement given byPresident Lincoln, through the medium of a Constitutional convention, which met at New Orleans in April, 1864, and adjourned in July. Theconstitution then agreed upon was submitted to the people, and inSeptember, 1864, was ratified by a vote of the few loyal residents ofthe State. 

The government provided under this constitution being looked upon asprovisional merely, was never recognized by Congress, and in 1865 thereturned Confederates, restored to citizenship by the President'samnesty proclamation, soon got control of almost all the State. TheLegislature was in their hands, as well as most of the State andmunicipal offices; so, when the President, on the 20th of August, 1866, by proclamation, extended his previous instructions regardingcivil affairs in Texas so as to have them apply to all the secededStates, there at once began in Louisiana a system of discriminativelegislation directed against the freedmen, that led to flagrantwrongs in the enforcement of labor contracts, and in the remoteparishes to numbers of outrages and murders. 

To remedy this deplorable condition of things, it was proposed, bythose who had established the government of 1864, to remodel theconstitution of the State; and they sought to do this by reassemblingthe convention, that body before its adjournment having provided forreconvening under certain conditions, in obedience to the call of itspresident. Therefore, early in the summer of 1866, many members ofthis convention met in conference at New Orleans, and decided that anecessity existed for reconvening the delegates, and a proclamationwas issued accordingly by B. K. Howell, President-pro-tempore. 

Mayor John T. Monroe and the other officials of New Orleans lookedupon this proposed action as revolutionary, and by the time theconvention assembled (July 30), such bitterness of feeling prevailedthat efforts were made by the mayor and city police to suppress themeeting. A bloody riot followed, resulting, in the killing andwounding of about a hundred and sixty persons. 

I happened to be absent from the city at the time, returning fromTexas, where I had been called by affairs on the Rio Grande. On myway up from the mouth of the Mississippi I was met on the night ofJuly 30 by one of my staff, who reported what had occurred, givingthe details of the massacre--no milder term is fitting--and informingme that, to prevent further slaughter, General Baird, the seniormilitary officer present, had assumed control of the municipalgovernment. On reaching the city I made an investigation, and thatnight 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 thiscity on the 30th. A political body, styling themselves theConvention of 1864, met on the 30th, for, as it is alleged, thepurpose of remodeling the present constitution of the State. Theleaders were political agitators and revolutionary men, and theaction of the convention was liable to produce breaches of the publicpeace. I had made up my mind to arrest the head men, if theproceedings of the convention were calculated to disturb thetranquility of the Department; but I had no cause for action untilthey committed the overt act. In the meantime official duty calledme to Texas, and the mayor of the city, during my absence suppressedthe convention by the use of the police force, and in so doingattacked the members of the convention, and a party of two hundrednegroes, with fire-arms, clubs, and knives, in a manner sounnecessary and atrocious as to compel me to say that it was murder. About forty whites and blacks were thus killed, and about one hundredand sixty wounded. Everything is now quiet, but I deem it best tomaintain a military supremacy in the city for a few days, until theaffair is fully investigated. I believe the sentiment of the generalcommunity is great regret at this unnecessary cruelty, and that thepolice could have made any arrest they saw fit without sacrificinglives. 

"P. H. SHERIDAN, "Major-General Commanding. "

On receiving the telegram, General Grant immediately submitted. Itto the President. Much clamor being made at the North for thepublication of the despatch, Mr. Johnson pretended to give it to thenewspapers. It appeared in the issues of August 4, but with thisparagraph omitted, viz. :

"I had made up my mind to arrest the head men, if the proceedings ofthe convention were calculated to disturb the tranquility of theDepartment, but I had no cause for action until they committed theovert act. In the mean time official duty called me to Texas, andthe mayor of the city, during my absence, suppressed the conventionby the use of the police force, and in so doing attacked the membersof the convention, and a party of two hundred negroes, withfire-arms, clubs, and knives, in a manner so unnecessary and atrociousas 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 ofMr. Johnson's well-known personal hostility toward me. In the meantime I received (on August 3) the following despatch from General Grantapproving 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 topreserve the peace; and do not allow any of the civil authorities toact, if you deem such action dangerous to the public safety. Lose notime 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 wasfollowed by another, more in detail, which I give in full, since ittells 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 ofAugust 4. A very large number of colored people marched inprocession on Friday night, July twenty-seven (27), and wereaddressed from the steps of the City Hall by Dr. Dostie, ex-GovernorHahn, and others. The speech of Dostie was intemperate in languageand sentiment. The speeches of the others, so far as I can learn, were characterized by moderation. I have not given you the words ofDostie's speech, as the version published was denied; but from what Ihave 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 thegeneral public was ominous of trouble. I think there were abouttwenty-six (26) members present. In front of the MechanicsInstitute, where the meeting was held, there were assembled somecolored men, women, and children, perhaps eighteen (18) or twenty(20), and in the Institute a number of colored men, probably onehundred and fifty (150). Among those outside and inside there mighthave been a pistol in the possession of every tenth (10) man. 

"About one (1) p. M. A procession of say from sixty (60) to onehundred and thirty (130) colored men marched up Burgundy Street andacross Canal Street toward the convention, carrying an American flag. These men had about one pistol to every ten men, and canes and clubsin addition. While crossing Canal Street a row occurred. There weremany spectators on the street, and their manner and tone toward theprocession unfriendly. A shot was fired, by whom I am not able tostate, but believe it to have been by a policeman, or some coloredman in the procession. This led to other shots and a rush after theprocession. On arrival at the front of the Institute there was somethrowing of brickbats by both sides. The police, who had been heldwell in hand, were vigorously marched to the scene of disorder. Theprocession entered the Institute with the flag, about six (6) oreight (8) remaining outside. A row occurred between a policeman andone of these colored men, and a shot was again fired by one of theparties, which led to an indiscriminate fire on the building throughthe windows by the policemen. This had been going on for a shorttime, when a white flag was displayed from the windows of theInstitute, whereupon the firing ceased, and the police rushed intothe building. 

"From the testimony of wounded men, and others who were inside thebuilding, the policemen opened an indiscriminate fire upon theaudience until they had emptied their revolvers, when they retired, and those inside barricaded the doors. The door was broken in, andthe firing again commenced, when many of the colored and white peopleeither escaped throughout the door or were passed out by thepolicemen inside; but as they came out the policemen who formed thecircle nearest the building fired upon them, and they were againfired upon by the citizens that formed the outer circle. Many ofthose wounded and taken prisoners, and others who were prisoners andnot wounded, were fired upon by their captors and by citizens. Thewounded were stabbed while lying on the ground, and their headsbeaten with brickbats. In the yard of the building, whither some ofthe colored men had escaped and partially secreted themselves, theywere fired upon and killed or wounded by policemen. Some were killedand wounded several squares from the scene. Members of theconvention were wounded by the police while in their hands asprisoners, some of them mortally. 

"The immediate cause of this terrible affair was the assemblage ofthis Convention; the remote cause was the bitter and antagonisticfeeling which has been growing in this community since the advent ofthe 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 theMayor, and fear of the thugs, many of which he had selected for hispolice force. I have frequently been spoken to by prominent citizenson this subject, and have heard them express fear, and want ofconfidence in Mayor Monroe. Ever since the intimation of this lastconvention movement I must condemn the course of several of the citypapers for supporting, by their articles, the bitter feeling of badmen. As to the merciless manner in which the convention was brokenup, I feel obliged to confess strong repugnance. 

"It is useless to disguise the hostility that exists on the part of agreat many here toward Northern men, and this unfortunate affair hasso precipitated matters that there is now a test of what shall be thestatus of Northern men--whether they can live here without being inconstant dread or not, whether they can be protected in life andproperty, and have justice in the courts. If this matter ispermitted to pass over without a thorough and determined prosecutionof those engaged in it, we may look out for frequent scenes of thesame kind, not only here, but in other places. No steps have as yetbeen taken by the civil authorities to arrest citizens who wereengaged in this massacre, or policemen who perpetrated suchcruelties. The members of the convention have been indicted by thegrand jury, and many of them arrested and held to bail. As towhether the civil authorities can mete out ample justice to theguilty parties on both sides, I must say it is my opinion, unequivocally, that they cannot. Judge Abell, whose course I haveclosely watched for nearly a year, I now consider one of the mostdangerous 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 thatthe course of Governor Wells has been vacillating, and that during thelate trouble he has shown very little of the man. 

"P. H. SHERIDAN, "Major-General Commanding. "

Subsequently a military commission investigated the subject of theriot, taking a great deal of testimony. The commission substantiallyconfirmed the conclusions given in my despatches, and still laterthere was an investigation by a select committee of the House ofRepresentatives, of which the Honorables Samuel Shellabarger, ofOhio, H. L. Elliot, of Massachusetts, and B. M. Boyer, ofPennsylvania, were the members. The majority report of the committeealso corroborated, in all essentials, my reports of the distressingoccurrence. The committee likewise called attention to a violentspeech made by Mr. Johnson at St. Louis in September, 1866, chargingthe origin of the riot to Congress, and went on to say of the speechthat "it was an unwarranted and unjust expression of hostile feeling, without pretext or foundation in fact. " A list of the killed andwounded was embraced in the committee's report, and among otherconclusions reached were the following: "That the meeting of July 30was a meeting of quiet citizens, who came together without arms andwith intent peaceably to discuss questions of public concern.... There has been no occasion during our National history when a riothas occurred so destitute of justifiable cause, resulting in amassacre so inhuman and fiend-like, as that which took place at NewOrleans on the 30th of July last. This riotous attack upon theconvention, with its terrible results of massacre and murder, was notan accident. It was the determined purpose of the mayor of the cityof 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 ofMayor Monroe, and that such men composed chiefly his police force. "

The committee held that no legal government existed in Louisiana, andrecommended the temporary establishment of a provisional governmenttherein; the report concluding that "in the meantime the safety ofall Union men within the State demands that such government be formedfor their protection, for the well being of the nation and thepermanent peace of the Republic. "

The New Orleans riot agitated the whole country, and the official andother reports served to intensify and concentrate the opposition toPresident Johnson's policy of reconstruction, a policy restingexclusively on and inspired solely by the executive authority--for itwas made plain, by his language and his acts, that he was seeking torehabilitate the seceded States under conditions differing not a whitfrom those existing before the rebellion; that is to say, without theslightest constitutional provision regarding the status of theemancipated slaves, and with no assurances of protection for men whohad remained loyal in the war. 

In December, 1866, Congress took hold of the subject with such vigoras to promise relief from all these perplexing disorders, and, aftermuch investigation and a great deal of debate, there resulted theso-called "Reconstruction Laws, " which, for a clear understanding ofthe powers conferred on the military commanders, I deem best to appendin full:

AN ACT to provide for the more efficient government of the rebelStates. 

WHEREAS, no legal State governments or adequate protection for lifeor property now exist in the rebel States of Virginia, NorthCarolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas, it is necessary that peaceand good order should be enforced in said States until loyal andrepublican State governments can be legally established; therefore, BE IT ENACTED by the Senate and House of Representatives of theUnited States of America in Congress assembled, That said rebelStates shall be divided into military districts and made subject tothe military authority of the United States as hereinafterprescribed; and for that purpose Virginia shall constitute the firstdistrict; North Carolina and South Carolina, the second district;Georgia, Alabama, and Florida, the third district; Mississippi andArkansas, the fourth district; and Louisiana and Texas, the fifthdistrict. 

SEC. 2. And be it further enacted, That it shall be the duty of thePresident to assign to the command of each of said districts anofficer of the army not below the rank of brigadier-general, and todetail a sufficient military force to enable such officer to performhis duties and enforce his authority within the district to which heis assigned. 

SEC. 3. And be it further enacted, That it shall be the duty of eachofficer assigned as aforesaid to protect all persons in their rightsof person and property, to suppress insurrection, disorder, andviolence, and to punish, or cause to be punished, all disturbers ofthe public peace and criminals, and to this end he may allow localcivil 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 forthat purpose, and all interference, under cover of State authority, with the exercise of military authority under this act, shall be nulland void. 

SEC. 4. And be it further enacted, That all persons put undermilitary arrest by virtue of this act shall be tried withoutunnecessary delay, and no cruel or unjust punishment shall beinflicted; and no sentence of any military commission or tribunalhereby authorized affecting the life or liberty of any person, shallbe executed until it is approved by the officer in command of thedistrict; and the laws and regulations for the government of the armyshall not be affected by this act except in so far as they conflictwith its provisions: Provided, That no sentence of death, under theprovisions of this act, shall be carried into effect without theapproval of the President. 

SEC. 5. And be it further enacted, That when the people of any one ofsaid rebel States shall have formed a constitution of government inconformity with the Constitution of the United States in allrespects, framed by a convention of delegates elected by the malecitizens of said State twenty-one years old and upward, of whateverrace, color, or previous condition, who have been resident in saidState for one year previous to the day of such election, except suchas may be disfranchised for participation in the rebellion, or forfelony at common law; and when such constitution shall provide thatthe elective franchise shall be enjoyed by all such persons as havethe qualifications herein stated for electors of delegates; and whensuch constitution shall be ratified by a majority of the personsvoting on the question of ratification who are qualified as electorsfor delegates, and when such constitution shall have been submittedto Congress for examination and approval, and Congress shall haveapproved the same; and when said State, by a vote of its legislatureelected under said constitution, shall have adopted the amendment tothe Constitution of the United States proposed by the Thirty-ninthCongress, and known as article fourteen; and when said article shallhave become a part of the Constitution of the United States, saidState shall be declared entitled to representation in Congress, andsenators and representatives shall be admitted therefrom on theirtaking the oath prescribed by law; and then and thereafter thepreceding sections of this act shall be inoperative in said State:Provided, That no person excluded from the privilege of holdingoffice by said proposed amendment to the Constitution of the UnitedStates shall be eligible to election as a member of the convention toframe a constitution for any of said rebel States, nor shall any suchperson vote for members of such convention. 

SEC. 6. And be it further enacted, That until the people of saidrebel States shall be by law admitted to representation in theCongress of the United States, any civil government which may existtherein shall be deemed provisional only, and in all respects subjectto the paramount authority of the United States at any time toabolish, modify, control, or supersede the same; and in all electionsto any office under such provisional governments all persons shall beentitled to vote, and none others, who are entitled to vote under thefifth section of this act; and no person shall be eligible to anyoffice under any such provisional governments who would bedisqualified from holding office under the provisions of the thirdarticle 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 themore 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 theUnited States of America in Congress assembled, That before the firstday of September, eighteen hundred and sixty-seven, the commandinggeneral in each district defined by an act entitled "An act toprovide for the more efficient government of the rebel States, "passed March second, eighteen hundred and sixty-seven, shall cause aregistration to be made of the male citizens of the United States, twenty-one years of age and upwards, resident in each county orparish in the State or States included in his district, whichregistration shall include only those persons who are qualified tovote for delegates by the act aforesaid, and who shall have taken andsubscribed the following oath or affirmation: "I, ------, dosolemnly swear (or affirm), in the presence of the Almighty God, thatI am a citizen of the State of ---------; that I have resided in saidState for----- months next preceding this day, and now reside in thecounty of -------, or the parish of --------, in said State, (as thecase may be); that I am twenty-one years old; that I have not beendisfranchised for participation in any rebellion or civil war againstthe United States, nor for felony committed against the laws of anyState or of the United States; that I have never been a member of anyState Legislature, nor held any executive or judicial office in anyState, and afterwards engaged in insurrection or rebellion againstthe 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 UnitedStates, or as an officer of the United States, or as a member of anyState Legislature, or as an executive or judicial officer of anyState, to support the constitution of the United States, andafterwards engaged in insurrection or rebellion against the UnitedStates or given aid or comfort to the enemies thereof; that I willfaithfully support the Constitution and obey the laws of the UnitedStates, and will, to the best of my ability, encourage others so todo: so help me God. "; which oath or affirmation may be administeredby any registering officer. 

SEC. 2. And be it further enacted, That after the completion of theregistration hereby provided for in any State, at such time andplaces therein as the commanding general shall appoint and direct, ofwhich at least thirty days' public notice shall be given, an electionshall be held of delegates to a convention for the purpose ofestablishing a constitution and civil government for such State loyalto the Union, said convention in each State, except Virginia, toconsist of the same number of members as the most numerous branch ofthe State Legislature of such State in the year eighteen hundred andsixty, to be apportioned among the several districts, counties, orparishes of such State by the commanding general, giving eachrepresentation in the ratio of voters registered as aforesaid asnearly as may be. The convention in Virginia shall consist of thesame number of members as represented the territory now constitutingVirginia in the most numerous branch of the Legislature of said Statein the year eighteen hundred and sixty, to be apportioned asaforesaid. 

SEC. 3. And be it further enacted, That at said election theregistered voters of each State shall vote for or against aconvention to form a constitution therefor under this act. Thosevoting in favor of such a convention shall have written or printed onthe ballots by which they vote for delegates, as aforesaid, the words"For a convention, " and those voting against such a convention shallhave written or printed on such ballot the words "Against aconvention. " The persons appointed to superintend said election, andto make return of the votes given thereat, as herein provided, shallcount and make return of the votes given for and against aconvention; and the commanding general to whom the same shall havebeen returned shall ascertain and declare the total vote in eachState for and against a convention. If a majority of the votes givenon that question shall be for a convention, then such conventionshall be held as hereinafter provided; but if a majority of saidvotes shall, be against a convention, then no such convention shallbe held under this act: Provided, That such convention shall not beheld unless a majority of all such registered voters shall have votedon the question of holding such convention. 

SEC. 4. And be it further enacted, That the commanding general ofeach district shall appoint as many boards of registration as may benecessary, consisting of three loyal officers or persons, to make andcomplete the registration, superintend the election, and make returnto him of the votes, list of voters, and of the persons elected asdelegates by a plurality of the votes cast at said election; and uponreceiving said returns he shall open the same, ascertain the personselected as delegates, according to the returns of the officers whoconducted said election, and make proclamation thereof; and if amajority of the votes given on that question shall be for aconvention, the commanding general, within sixty days from the dateof election, shall notify the delegates to assemble in convention, ata time and place to be mentioned in the notification, and saidconvention, when organized, shall proceed to frame a constitution andcivil government according to the provisions of this act, and the actto which it is supplementary; and when the same shall have been soframed, said constitution shall be submitted by the convention forratification to the persons registered under the provisions of thisact at an election to be conducted by the officers or personsappointed or to be appointed by the commanding general, ashereinbefore provided, and to be held after the expiration of thirtydays from the date of notice thereof, to be given by said convention;and the returns thereof shall be made to the commanding general ofthe district. 

SEC. 5. And be it further enacted, That if, according to saidreturns, the constitution shall be ratified by a majority of thevotes of the registered electors qualified as herein specified, castat said election, at least one-half of all the registered votersvoting upon the question of such ratification, the president of theconvention shall transmit a copy of the same, duly certified, to thePresident of the United States, who shall forthwith transmit the sameto Congress, if then in session, and if not in session, thenimmediately upon its next assembling; and if it shall moreover appearto Congress that the election was one at which all the registered andqualified electors in the State had an opportunity to vote freely, and without restraint, fear, or the influence of fraud, and if theCongress shall be satisfied that such constitution meets the approvalof a majority of all the qualified electors in the State, and if thesaid constitution shall be declared by Congress to be in conformitywith the provisions of the act to which this is supplementary, andthe other provisions of said act shall have been complied with, andthe said constitution shall be approved by Congress, the State shallbe declared entitled to representation, and senators andrepresentatives shall be admitted therefrom as therein provided. 

SEC. 6. And be it further enacted, That all elections in the Statesmentioned in the said "Act to provide for the more efficientgovernment of the rebel States" shall, during the operation of saidact, be by ballot; and all officers making the said registration ofvoters and conducting said elections, shall, before entering upon thedischarge of their duties, take and subscribe the oath prescribed bythe act approved July second, eighteen hundred and sixty-two, entitled "An act to prescribe an oath of office": Provided, That ifany person shall knowingly and falsely take and subscribe any oath inthis act prescribed, such person so offending and being thereof dulyconvicted, shall be subject to the pains, penalties, and disabilitieswhich by law are provided for the punishment of the crime of wilfuland corrupt perjury. 

SEC. 7. And be if further enacted, That all expenses incurred by theseveral commanding generals, or by virtue of any orders issued, orappointments made, by them, under or by virtue of this act, shall bepaid out of any moneys in the treasury not otherwise appropriated. 

SEC. 8. And be it further enacted, That the convention for each Stateshall prescribe the fees, salary, and compensation to be paid to alldelegates and other officers and agents herein authorized ornecessary to carry into effect the purposes of this act not hereinotherwise provided for, and shall provide for the levy and collectionof such taxes on the property in such State as may be necessary topay the same. 

SEC. 9. And be it further enacted, That the word "article, " in thesixth section of the act to which this is supplementary, shall beconstrued 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--PLACEDIN COMMAND OF THE FIFTH MILITARY DISTRICT--REMOVING OFFICERS--MYREASONS FOR SUCH ACTION--AFFAIRS IN LOUISIANA AND TEXAS--REMOVAL OFGOVERNOR WELLS--REVISION OF THE JURY LISTS--RELIEVED FROM THE COMMANDOF THE FIFTH MILITARY DISTRICT. 

The first of the Reconstruction laws was passed March 2, 1867, andthough vetoed by the President, such was the unanimity of loyalsentiment and the urgency demanding the measure, that the bill becamea law over the veto the day the President returned it to Congress. March the 11th this law was published in General Orders No. 10, fromthe Headquarters of the Army, the same order assigning certainofficers to take charge of the five military districts into which theStates lately in rebellion were subdivided, I being announced as thecommander of the Fifth Military District, which embraced Louisianaand Texas, a territory that had formed the main portion of my commandsince the close of the war. 

Between the date of the Act and that of my assignment, the LouisianaLegislature, then in special session, had rejected a proposed repealof an Act it had previously passed providing for an election ofcertain municipal officers in New Orleans. This election was set forMarch 11, but the mayor and the chief of police, together withGeneral Mower, commanding the troops in the city, having expressed tome personally their fears that the public peace would be disturbed bythe election, I, in this emergency, though not yet assigned to thedistrict, assuming the authority which the Act conferred on districtcommanders, declared that the election should not take place; that nopolls should be opened on the day fixed; and that the whole matterwould stand postponed till the district commander should beappointed, or special instructions be had. This, my first officialact under the Reconstruction laws, was rendered necessary by thecourse of a body of obstructionists, who had already begun to giveunequivocal indications of their intention to ignore the laws ofCongress. 

A copy of the order embodying the Reconstruction law, together withmy assignment, having reached me a few days after, I regularlyassumed control of the Fifth Military District on March 19, by anorder wherein I declared the State and municipal governments of thedistrict to be provisional only, and, under the provisions of thesixth section of the Act, subject to be controlled, modified, superseded, or abolished. I also announced that no removals fromoffice would be made unless the incumbents failed to carry out theprovisions of the law or impeded reorganization, or unless willfuldelays should necessitate a change, and added: "Pending thereorganization, it is, desirable and intended to create as littledisturbance in the machinery of the various branches of theprovisional governments as possible, consistent with the law ofCongress and its successful execution, but this condition isdependent upon the disposition shown by the people, and upon thelength of time required for reorganization. "

Under these limitations Louisiana and Texas retained their formerdesignations as military districts, the officers in commandexercising their military powers as heretofore. In addition, theseofficers were to carry out in their respective commands allprovisions of the law except those specially requiring the action ofthe district commander, and in cases of removals from and appointmentto office. 

In the course of legislation the first Reconstruction act, as I haveheretofore noted, had been vetoed. On the very day of the veto, however, despite the President's adverse action, it passed each Houseof Congress by such an overwhelming majority as not only to give itthe effect of law, but to prove clearly that the plan ofreconstruction presented was, beyond question, the policy endorsed bythe people of the country. It was, therefore, my determination tosee to the law's zealous execution in my district, though I feltcertain that the President would endeavor to embarrass me by everymeans in his power, not only on account of his pronounced personalhostility, but also because of his determination not to execute butto obstruct the measures enacted by Congress. 

Having come to this conclusion, I laid down, as a rule for myguidance, the principle of non-interference with the provisionalState governments, and though many appeals were made to have merescind rulings of the courts, or interpose to forestall somepresupposed action to be taken by them, my invariable reply was thatI would not take cognizance of such matters, except in cases ofabsolute necessity. The same policy was announced also in referenceto municipal affairs throughout the district, so long as the actionof the local officers did not conflict with the law. 

In a very short time, however, I was obliged to interfere inmunicipal matters in New Orleans, for it had become clearly apparentthat several of the officials were, both by acts of omission andcommission, ignoring the law, so on the 27th of March I removed fromoffice the Mayor, John T. Monroe; the Judge of the First DistrictCourt, E. Abell; and the Attorney-General of the State, Andrew S. Herron; at the same time appointing to the respective offices thusvacated Edward Heath, W. W. Howe, and B. L. Lynch. The officialsthus removed had taken upon themselves from the start to pronouncethe Reconstruction acts unconstitutional, and to advise such a courseof obstruction that I found it necessary at an early dav to replacethem by men in sympathy with the law, in order to make plain mydetermination to have its provisions enforced. The President at oncemade 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 JudgeE. Abell, of the Criminal Court of New Orleans; Andrew S. Herron, Attorney-General of the State of Louisiana; and John T. Monroe, Mayorof the City of New Orleans. These removals were made under thepowers 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 ofthese men, especially after the investigations made by the militaryboard on the massacre Of July 30, 1866, and the report of thecongressional committee on the same massacre; but as some inquiry hasbeen made for the cause of removal, I would respectfully state asfollows:

"The court over which judge Abell presided is the only criminal courtin the city of New Orleans, and for a period of at least nine monthsprevious to the riot Of July 30 he had been educating a large portionof the community to the perpetration of this outrage, by almostpromising no prosecution in his court against the offenders, in casesuch an event occurred. The records of his court will show that hefulfilled his promise, as not one of the guilty has been prosecuted. 

"In reference to Andrew J. Herron, Attorney-General of the State ofLouisiana, I considered it his duty to indict these men before thiscriminal court. This he failed to do, but went so far as to attemptto impose on the good sense of the whole nation by indicting thevictims of the riot instead of the rioters; in other words, makingthe innocent guilty and the guilty innocent. He was therefore, in mybelief, an able coadjutor with judge Abell in bringing on themassacre of July 30. 

"Mayor Monroe controlled the element engaged in this riot, and whenbacked by an attorney-general who would not prosecute the guilty, anda judge who advised the grand jury to find the innocent guilty andlet the murderers go free, felt secure in engaging his police forcein the riot and massacre. 

"With these three men exercising a large influence over the worstelements of the population of this city, giving to those elements animmunity for riot and bloodshed, the general-in-chief will see howinsecurely I felt in letting them occupy their respective positionsin the troubles which might occur in registration and voting in thereorganization 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 thePresident, who took no steps, however, to rescind my action, for heknew that the removals were commended by well-nigh the entirecommunity in the city, for it will be understood that Mr. Johnsonwas, through his friends and adherents in Louisiana and Texas, keptconstantly advised of every step taken by me. Many of these personswere active and open opponents of mine, while others were spies, doing their work so secretly and quickly that sometimes Mr. Johnsonknew of my official acts before I could report them to General Grant. 

The supplemental Reconstruction act which defined the method ofreconstruction became a law despite the President's veto on March 23. This was a curative act, authorizing elections and prescribingmethods of registration. When it reached me officially I beganmeasures for carrying out its provisions, and on the 28th of Marchissued an order to the effect that no elections for the State, parish, or municipal officers would be held in Louisiana until theprovisions of the laws of Congress entitled "An act to provide forthe more efficient government of the rebel States, " and of the actsupplemental thereto, should have been complied with. I alsoannounced that until elections were held in accordance with theseacts, the law of the Legislature of the State providing for theholding over of those persons whose terms of office otherwise wouldhave expired, would govern in all cases excepting only those specialones in which I myself might take action. There was one parish, Livingston, which this order did no reach in time to prevent theelection 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 aregistration of the voter of the State, for the purpose of electingdelegate to a Constitutional convention. It therefore becamenecessary to appoint Boards of Registration throughout the electiondistricts, and on April 10 the boards for the Parish of Orleans weregiven out, those for the other parishes being appointed ten dayslater. Before announcing these boards, I had asked to be adviseddefinitely as to what persons were disfranchised by the law, and wasdirected 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 thefollowing 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 ofthe Law of Congress entitled "An Act supplemental to an Act entitled'An Act to provide for the more efficient government of the rebelStates'" the registration of the legal voters, according to that lawin the Parish of Orleans, will be commenced on the 15th instant, andmust be completed by the 15th of May. 

"The four municipal districts of the City of New Orleans and theParish of Orleans, right bank (Algiers), will each constitute aRegistration district. Election precincts will remain as at presentconstituted. 

".... Each member of the Board of Registers, before commencing hisduties, will file in the office of the Assistant-Inspector-General atthese headquarters, the oath required in the sixth section of the Actreferred to, and be governed in the execution of his duty by theprovisions of the first section of that Act, faithfully administeringthe oath therein prescribed to each person registered. 

"Boards of Registers will immediately select suitable offices withintheir respective districts, having reference to convenience andfacility of registration, and will enter upon their duties on the daydesignated. Each Board will be entitled to two clerks. Office-hoursfor registration will be from 8 o'clock till 12 A. M. , and from 4till 7 P. M. 

"When elections are ordered, the Board of Registers for each districtwill designate the number of polls and the places where they shall beopened in the election precincts within its district, appoint thecommissioners and other officers necessary for properly conductingthe elections, and will superintend the same. 

"They will also receive from the commissioners of elections of thedifferent precincts the result of the vote, consolidate the same, andforward it to the commanding general. 

"Registers and all officers connected with elections will be held toa rigid accountability and will be subject to trial by militarycommission for fraud, or unlawful or improper conduct in theperformance of their duties. Their rate of compensation and mannerof payment will be in accordance with the provisions of sections sixand seven of the supplemental act. 

".... Every male citizen of the United States, twenty-one years oldand upward, of whatever race, color, or previous condition, who hasbeen resident in the State of Louisiana for one year and Parish ofOrleans for three months previous to the date at which he presentshimself for registration, and who has not been disfranchised by actof Congress or for felony at common law, shall, after having takenand subscribed the oath prescribed in the first section of the actherein referred to, be entitled to be, and shall be, registered as alegal voter in the Parish of Orleans and State of Louisiana. 

"Pending the decision of the Attorney-General of the United States onthe question as to who are disfranchised by law, registers will givethe most rigid interpretation to the law, and exclude fromregistration every person about whose right to vote there may be adoubt. Any person so excluded who may, under the decision of theAttorney-General, be entitled to vote, shall be permitted to registerafter 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 memberseach. Ability to take what was known as the "ironclad oath" was thequalification exacted of the members, and they were prohibited frombecoming candidates for office. In the execution of their dutiesthey were to be governed by the provisions of the supplemental act. It was also made one of their functions to designate the number andlocation of the polling-places in the several districts, to appointcommissioners for receiving the votes and in general to attend tosuch other matters as were necessary, in order properly to conductthe voting, and afterward to receive from the commissioners theresult of the vote and forward it to my headquarters. Theseregisters, and all other officers having to do with elections, wereto be held to a rigid accountability, and be subject to trial bymilitary commission for fraud or unlawful or improper conduct in theperformance of their duties; and in order to be certain that theRegistration Boards performed their work faithfully andintelligently, officers of the army were appointed as supervisors. To this end the parishes were grouped together conveniently intemporary districts, each officer having from three to five parishesto supervise. The programme thus mapped out for carrying out the lawin Louisiana was likewise adhered to in Texas, and indeed wasfollowed as a model in some of the other military districts. 

Although Military Commissions were fully authorized by theReconstruction acts, yet I did not favor their use in governing thedistrict, and probably would never have convened one had these actsbeen observed in good faith. I much preferred that the civil courts, and the State and municipal authorities already in existence, shouldperform their functions without military control or interference, butoccasionally, because the civil authorities neglected their duty, Iwas obliged to resort to this means to ensure the punishment Ofoffenders. At this time the condition of the negroes in Texas andLouisiana was lamentable, though, in fact, not worse than that of thefew 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 protectionof their lives and property. This was the natural outcome of Mr. Johnson's defiance of Congress, coupled with the sudden conversion tohis cause of persons in the North--who but a short time before hadbeen his bitterest enemies; for all this had aroused among thedisaffected element new hopes of power and place, hopes of being atonce put in political control again, with a resumption of theirfunctions in State and National matters without any preliminaryauthorization by Congress. In fact, it was not only hoped, butexpected, that things were presently to go on just as if there hadbeen no war. 

In the State of Texas there were in 1865 about 200, 000 of the coloredrace-roughly, a third of the entire population--while in Louisianathere were not less than 350, 000, or more than one-half of all thepeople in the State. Until the enactment of the Reconstruction lawsthese negroes were without rights, and though they had been liberatedby the war, Mr. Johnson's policy now proposed that they should haveno political status at all, and consequently be at the mercy of apeople who, recently their masters, now seemed to look upon them asthe authors of all the misfortunes that had come upon the land. Under these circumstances the blacks naturally turned for protectionto those who had been the means of their liberation, and it wouldhave been little less than inhuman to deny them sympathy. Theirfreedom had been given them, and it was the plain duty of those inauthority to make it secure, and screen them from the bitterpolitical resentment that beset them, and to see that they had a fairchance in the battle of life. Therefore, when outrages and murdersgrew frequent, and the aid of the military power was an absolutenecessity for the protection of life, I employed it unhesitatingly--the guilty parties being brought to trial before militarycommissions--and for a time, at least, there occurred a halt in themarch of terrorism inaugurated by the people whom Mr. Johnson haddeluded. 

The first, Military Commission was convened to try the case of JohnW. Walker, charged with shooting a negro in the parish of St. John. The proper civil authorities had made no effort to arrest Walker, andeven connived at his escape, so I had him taken into custody in NewOrleans, 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 takenplace in St. John's parish, a negro being wounded in each case, andit was plain that the intention was to institute there a practice ofintimidation which should be effective to subject the freedmen to thewill of their late masters, whether in making labor contracts, or incase these newly enfranchised negroes should evince a disposition toavail themselves of the privilege to vote. 

The trial and conviction of Walker, and of one or two others forsimilar outrages, soon put a stop to every kind of "bull-dozing" inthe country parishes; but about this time I discovered that manymembers of the police force in New Orleans were covertly intimidatingthe freedmen there, and preventing their appearance at theregistration offices, using milder methods than had obtained in thecountry, it is true, but none the less effective. 

Early in 1866 the Legislature had passed an act which created for thepolice of New Orleans a residence qualification, the object of whichwas to discharge and exclude from the force ex-Union soldiers. Thisof course would make room for the appointment of ex-Confederates, andMayor Monroe had not been slow in enforcing the provisions of thelaw. It was, in fact, a result of this enactment that the police wasso reorganized as to become the willing and efficient tool which itproved to be in the riot of 1866; and having still the samepersonnel, it was now in shape to prevent registration by threats, unwarranted arrests, and by various other influences, all operatingto keep the timid blacks away from the registration places. 

That the police were taking a hand in this practice of repression, Ifirst discovered by the conduct of the assistant to the chief of thebody, and at once removed the offender, but finding this ineffectualI 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 succeededMonroe, to organize the force anew, and take about one-half of itsmembers from ex-Union soldiers who when discharged had settled in NewOrleans. This action put an end to intimidation in the parish ofOrleans; and now were put in operation in all sections the processesprovided by the supplemental Reconstruction law for the summoning ofa convention to form a Constitution preparatory to the readmission ofthe State, and I was full of hope that there would now be much lessdifficulty in administering the trust imposed by Congress. 

During the two years previous great damage had been done theagricultural interests of Louisiana by the overflow of theMississippi, the levees being so badly broken as to require extensiverepairs, 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 bedisbursed by a Board of Levee Commissioners then in existence, butthe term of service of these commissioners, and the law creating theboard, would expire in the spring of 1867. In order to overcome thisdifficulty the Legislature passed a bill continuing the commissionersin office but as the act was passed inside of ten days before theadjournment of the Legislature, Governor Wells pocketed the bill, andit failed to become a law. The Governor then appointed a board ofhis own, without any warrant of law whatever. The old commissionersrefused to recognize this new board, and of course a conflict ofauthority ensued, which, it was clear, would lead to vicious resultsif allowed to continue; so, as the people of the State had noconfidence in either of the boards, I decided to end the contentionsummarily by appointing an entirely new commission, which woulddisburse the money honestly, and further the real purpose for whichit had been appropriated. When I took this course the legislativeboard acquiesced, but Governor Wells immediately requested thePresident to revoke my order, which, however, was not done, butmeanwhile the Secretary of War directed me to suspend all proceedingsin the matter, and make a report of the facts. I complied in thefollowing telegram:

"HEADQUARTERS FIFTH MILITARY DISTRICT, "NEW ORLEANS, La. , June 3, 1867. 

"SIR: I have the honor to acknowledge the receipt of your telegram ofthis 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 passedan act continuing the old Levee board in office, so that the fourmillions of dollars ($4, 000, 000) in bonds appropriated by theLegislature might be disbursed by a board of rebellious antecedents. 

"After its adjournment the Governor of the State appointed a board ofhis own, in violation of this act, and made the acknowledgment to mein person that his object was to disburse the money in the interestof his own party by securing for it the vote of the employees at thetime of election. 

"The board continued in office by the Legislature refused to turnover to the Governor's board, and each side appealed to me to sustainit, which I would not do. The question must then have gone to thecourts, which, according to the Governor's judgment when he wasappealing to me to be sustained, would require one year for decision. Meantime the State was overflowed, the Levee boards tied up bypolitical chicanery, and nothing done to relieve the poor people, nowfed by the charity of the Government and charitable associations ofthe North. 

"To obviate this trouble, and to secure to the overflowed districtsof the State the immediate relief which the honest disbursement ofthe four millions ($4, 000, 000) would give, my order dissolving bothboards was issued. 

"I say now, unequivocally, that Governor Wells is a politicaltrickster and a dishonest man. I have seen him myself, when I firstcame to this command, turn out all the Union men who had supportedthe Government, and put in their stead rebel soldiers who had not yetdoffed their gray uniform. I have seen him again, during the Julyriot of 1866, skulk away where I could not find him to give him aguard, instead of coming out as a manly representative of the Stateand joining those who were preserving the peace. I have watched himsince, and his conduct has been as sinuous as the mark left in thedust by the movement of a snake. 

"I say again that he is dishonest, and that dishonesty is more thanmust 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 removedfrom office Governor Wells himself, being determined to bear nolonger with the many obstructions he had placed in the way ofreorganizing the civil affairs of the State. I was also satisfiedthat he was unfit to retain the place, since he was availing himselfof every opportunity to work political ends beneficial to himself. In this instance Wells protested to me against his removal, and alsoappealed to the President for an opinion of the Attorney-General asto my power in the case; and doubtless he would have succeeded inretaining his office, but for the fact that the President had beeninformed by General James B. Steadman and others placed to watch methat 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. Wantof respect for Governor Wells personally, alone represses theexpression of indignation felt by all honest and sensible men at theunwarranted usurpation of General Sheridan in removing the civilofficers of Louisiana. It is believed here that you will reinstateWells. He is a bad man, and has no influence. 

"I believe Sheridan made the removals to embarrass you, believing thefeeling at the North would sustain him. My conviction is that onaccount of the bad character of Wells and Monroe, you ought not toreinstate any who have been removed, because you cannot reinstate anywithout reinstating all, but you ought to prohibit the exercise ofthis power in the future. 

"Respectfully yours, "JAMES B. STEADMAN. "

I appointed Mr. Thomas J. Durant as Wells's successor, but hedeclining, I then appointed Mr. Benjamin F. Flanders, who, after Ihad sent a staff-officer to forcibly eject Wells in case ofnecessity, took possession of the Governor's office. Wells havingvacated, Governor Flanders began immediately the exercise of hisduties in sympathy with the views of Congress, and I then notifiedGeneral Grant that I thought he need have no further apprehensionabout the condition of affairs in Louisiana, as my appointee was aman of such integrity and ability that I already felt relieved ofhalf my labor. I also stated in the same despatch that nothing wouldanswer in Louisiana but a bold and firm course, and that in takingsuch a one I felt that I was strongly supported; a statement that wasthen correct, for up to this period the better classes were disposedto accept the Congressional plan of reconstruction. 

During the controversy over the Levee Commissioners, and thecorrespondence regarding the removal of Governor Wells, registrationhad gone on under the rules laid down for the boards. The date setfor closing the books was the 3oth of June, but in the parish ofOrleans the time was extended till the 15th of July. This thePresident considered too short a period, and therefore directed theregistry lists not to be closed before the 1st of August, unlessthere was some good reason to the contrary. This was plainlydesigned to keep the books open in order that under theAttorney-General's interpretation of the Reconstruction laws, publishedJune 20, many persons who had been excluded by the registration boardscould yet be registered, so I decided to close the registration, unlessrequired by the President unconditionally, and in specific orders, toextend the time. My motives were manifold, but the main reasons werethat as two and a half months had been given already, the number ofpersons who, under the law, were qualified for registry was aboutexhausted; and because of the expense I did not feel warranted inkeeping up the boards longer, as I said, "to suit new issues coming inat the eleventh hour, " which would but open a "broad macadamized roadfor perjury and fraud. "

When I thus stated what I intended to do, the opinion of theAttorney-General had not yet been received. When it did reach me itwas merely in the form of a circular signed by Adjutant-GeneralTownsend, 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 thestatement that it was transmitted to the 11 respective militarycommanders for their information, in order that there might beuniformity in the execution of the Reconstruction acts. To adoptMr. Stanbery's interpretation of the law and reopen registrationaccordingly, would defeat the purpose of Congress, as well as add tomy perplexities. Such a course would also require that the officersappointed by me for the performance of specified duties, under lawswhich I was empowered to interpret and enforce, should receive theirguidance and instructions from an unauthorized source, so oncommunicating with General Grant as to how I should act, he directedme to enforce my own construction of the military bill until orderedto do otherwise. 

Therefore the registration continued as I had originally directed, and nothing having been definitely settled at Washington in relationto my extending the time, on the 10th of July I ordered all theregistration boards to select, immediately, suitable persons to actas commissioners of election, and at the same time specified thenumber of each set of commissioners, designated the polling-places, gave notice that two days would be allowed for voting, and followedthis with an order discontinuing registration the 31st of July, andthen another appointing the 27th and 28th of September as the timefor the election of delegates to the State convention. 

In accomplishing the registration there had been little oppositionfrom the mass of the people, but the press of New Orleans, and theoffice-holders and office-seekers in the State generally, antagonizedthe work bitterly and violently, particularly after the promulgationof the opinion of the Attorney-General. These agitators condemnedeverybody and everything connected with the Congressional plan ofreconstruction; and the pernicious influence thus exerted wasmanifested in various ways, but most notably in the selection ofpersons to compose the jury lists in the country parishes it alsotempted certain municipal officers in New Orleans to perform illegalacts that would seriously have affected the credit of the city hadmatters not been promptly corrected by the summary removal fromoffice of the comptroller and the treasurer, who had already issued aquarter of a million dollars in illegal certificates. On learning ofthis unwarranted and unlawful proceeding, Mayor Heath demanded aninvestigation by the Common Council, but this body, taking its cuefrom the evident intention of the President to render abortive theReconstruction acts, refused the mayor's demand. Then he tried tohave the treasurer and comptroller restrained by injunction, but thecity attorney, under the same inspiration as the council, declined tosue out a writ, and the attorney being supported in this course bynearly all the other officials, the mayor was left helpless in hisendeavors to preserve the city's credit. Under such circumstances hetook the only step left him--recourse to the military commander; andafter looking into the matter carefully I decided, in the early partof August, to give the mayor officials who would not refuse to makean investigation of the illegal issue of certificates, and to thisend I removed the treasurer, surveyor, comptroller, city attorney, and twenty-two of the aldermen; these officials, and all of theirassistants, having reduced the financial credit of New Orleans to adisordered condition, and also having made efforts--and being thenengaged in such--to hamper the execution of the Reconstruction laws. 

This action settled matters in the city, but subsequently I had toremove some officials in the parishes--among them a justice of thepeace and a sheriff in the parish of Rapides; the justice forrefusing to permit negro witnesses to testify in a certain murdercase, and for allowing the murderer, who had foully killed a coloredman, to walk out of his court on bail in the insignificant sum offive hundred dollars; and the sheriff, for conniving at the escapefrom jail of another alleged murderer. Finding, however, even afterthese removals, that in the country districts murderers and othercriminals went unpunished, provided the offenses were against negroesmerely (since the jurors were selected exclusively from the whites, and often embraced those excluded from the exercise of the electionfranchise) I, having full authority under the Reconstruction laws, directed such a revision of the jury lists as would reject from themevery man not eligible for registration as a voter. This order wasissued August 24, and on its promulgation the President relieved mefrom 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 tothe law of Congress, being complete, it is hereby ordered that noperson who is not registered in accordance with said law shall beconsidered as, a duly qualified voter of the State of Louisiana. Allpersons duly registered as above, and no others, are consequentlyeligible, under the laws of the State of Louisiana, to serve asjurors in any of the courts of the State. 

"The necessary revision of the jury lists will immediately be made bythe proper officers. 

"All the laws of the State respecting exemptions, etc. , from juryduty 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 ofthe district September 1 to General Charles Griffin; but he dying ofyellow fever, General J. A. Mower succeeded him, and retained commandtill November 29, on which date General Hancock assumed control. Immediately after Hancock took charge, he revoked my order of August24 providing for a revision of the jury lists; and, in short, President Johnson's policy now became supreme, till Hancock himselfwas relieved in March, 1868. 

My official connection with the reconstruction of Louisiana and Texaspractically closed with this order concerning the jury lists. In myjudgment this had become a necessity, for the disaffected element, sustained as it was by the open sympathy of the President, had grownso determined in its opposition to the execution of theReconstruction acts that I resolved to remove from place and powerall obstacles; for the summer's experience had convinced me that inno other way could the law be faithfully administered. 

The President had long been dissatisfied with my course; indeed, hehad harbored personal enmity against me ever since he perceived thathe could not bend me to an acceptance of the false position in whichhe had tried to place me by garbling my report of the riot of 1866. When Mr. Johnson decided to remove me, General Grant protested inthese 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 theassignment of General G. H. Thomas to the command of the FifthMilitary District, General Sheridan to the Department of theMissouri, 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 enclosedorder, I would be pleased to hear any suggestions you may deemnecessary respecting the assignments to which the order refers. '

"I am pleased to avail myself of this invitation to urge--earnestlyurge--urge in the name of a patriotic people, who have sacrificedhundreds of thousands of loyal lives and thousands of millions oftreasure to preserve the integrity and union of this country--thatthis order be not insisted on. It is unmistakably the expressed wishof the country that General Sheridan should not be removed from hispresent command. 

"This is a republic where the will of the people is the law of theland. I beg that their voice may be heard. 

"General Sheridan has performed his civil duties faithfully andintelligently. His removal will only be regarded as an effort todefeat the laws of Congress. It will be interpreted by theunreconstructed element in the South--those who did all they could tobreak up this Government by arms, and now wish to be the only elementconsulted as to the method of restoring order--as a triumph. It willembolden 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 himto some consideration. He has repeatedly entered his protest againstbeing assigned to either of the five military districts, andespecially 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 thePresident when first consulted on the subject of the change in theWar Department. It bears upon the subject of this removal, and I hadhoped 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 (GeneralHancock, as already noted, finally becoming my successor in the FifthMilitary District), and left New Orleans on the 5th of September. Iwas not loath to go. The kind of duty I had been performing inLouisiana and Texas was very trying under the most favorablecircumstances, but all the more so in my case, since I had to contendagainst the obstructions which the President placed in the way frompersistent opposition to the acts of Congress as well as fromantipathy to me--which obstructions he interposed with all theboldness 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 beentruthfully shown (nor can it ever be) that political or corruptinfluences of any kind controlled me in any instance. I simply triedto carry out, without fear or favor, the Reconstruction acts as theycame to me. They were intended to disfranchise certain persons, andto enfranchise certain others, and, till decided otherwise, were thelaws of the land; and it was my duty to execute them faithfully, without regard, on the one hand, for those upon whom it was thoughtthey bore so heavily, nor, on the other, for this or that politicalparty, and certainly without deference to those persons sent toLouisiana to influence my conduct of affairs. 

Some of these missionaries were high officials, both military andcivil, and I recall among others a visit made me in 1866 by adistinguished friend of the President, Mr. Thomas A. Hendricks. Thepurpose of his coming was to convey to me assurances of the very highesteem in which I was held by the President, and to explainpersonally Mr. Johnson's plan of reconstruction, its flawlessconstitutionality, and so on. But being on the ground, I had beforeme the exhibition of its practical working, saw the oppression andexcesses growing out of it, and in the face of these experiences evenMr. Hendricks's persuasive eloquence was powerless to convince me ofits beneficence. Later General Lovell H. Rousseau came down on alike mission, but was no more successful than Mr. Hendricks. 

During the whole period that I commanded in Louisiana and Texas myposition was a most unenviable one. The service was unusual, and thenature of it scarcely to be understood by those not entirely familiarwith the conditions existing immediately after the war. Inadministering the affairs of those States, I never acted except byauthority, and always from conscientious motives. I tried to guardthe rights of everybody in accordance with the law. In this I wassupported by General Grant and opposed by President Johnson. Theformer had at heart, above every other consideration, the good of hiscountry, and always sustained me with approval and kind suggestions. The course pursued by the President was exactly the opposite, andseems to prove that in the whole matter of reconstruction he wasgoverned less by patriotic motives than by personal ambitions. Addto this his natural obstinacy of character and personal enmity towardme, and no surprise should be occasioned when I say that I heartilywelcomed the order that lifted from me my unsought burden.