l some
presupposed action to be taken by them, my invariable reply was that
I would not take cognizance of such matters, except in cases of
absolute necessity. The same policy was announced also in reference
to municipal affairs throughout the district, so long as the action
of the local officers did not conflict with the law.
In a very short time, however, I was obliged to interfere in
municipal matters in New Orleans, for it had become clearly apparent
that several of the officials were, both by acts of omission and
commission, ignoring the law, so on the 27th of March I removed from
office the Mayor, John T. Monroe; the Judge of the First District
Court, E. Abell; and the Attorney-General of the State, Andrew S.
Herron; at the same time appointing to the respective offices thus
vacated Edward Heath, W. W. Howe, and B. L. Lynch. The officials
thus removed had taken upon themselves from the start to pronounce
the Reconstruction acts unconstitutional, and to advise such a course
of obstruction that I found it necessary at an early dav to replace
them by men in sympathy with the law, in order to make plain my
determination to have its provisions enforced. The President at once
made inquiry, through General Grant, for the cause of the removal,
and I replied:
"HEADQUARTERS FIFTH MILITARY DISTRICT,
"New Orleans, La., April 19, 1867.
"GENERAL: On the 27th day of March last I removed from office Judge
E. Abell, of the Criminal Court of New Orleans; Andrew S. Herron,
Attorney-General of the State of Louisiana; and John T. Monroe, Mayor
of the City of New Orleans. These removals were made under the
powers granted me in what is usually termed the 'military bill,'
passed March 2, 1867, by the Congress of the United States.
"I did not deem it necessary to give any reason for the removal of
these men, especially after the investigations made by the military
board on the massacre Of July 30, 1866, and the report of the
congressional committee on the same massacre; but as some inquiry has
been made for the cause of removal, I would respectfully state as
follows:
"The court over which judge Abell presided is the only criminal court
in the city of New Orleans, and for a period of at least nine months
previous to the riot Of July 30 he had been educating a large portion
of the community to the perpetration of this outrage, by almost
promising no prosecution in his court against the offenders, in case
such an event occu
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