590 



LOUISIANA. 



Meantime, delegates from a meeting of plant- 

 ers had been sent on to Washington to petition 

 the General Government for authority to pro- 

 ceed to the election, in November, of Federal 

 and State officers, in pursuance of the Consti- 

 tution of the United States, and the State Con- 

 stitution of Louisiana. The subject was laid 

 before the President, and considered officially, 

 and the following reply made: 



EXBCUTIVB MANSION, I 

 WASHINGTON, June 19A, 1863. f 



Meurs. E. E. Mathiot, Bradish Johnston, and Thomas 

 CoUman : 



GBNTLBMBN : Your letter, which follows, has been 

 received and considered : 



To hit Excellency Abraham Lincoln, President of the 

 United States. 



The undersigned, a committee appointed by the planters 

 of the State of Louisiana, respectfully represent that they 

 have been delegated to seek of the General Government a 

 full recognition of all the rights of the State as they existed 

 previous to the passage of an act of secession, upon the 

 principle of the existence of the State Constitution unim- 

 paired, and no legal act having transpired that could in any 

 way deprive them of the advantages conferred by the Con- 

 stitution. Under this Constitution this State wishes to re- 

 turn to its full allegiance, in the enjoyment nf all rights and 

 privileges exercised by the other States under the Federal 

 Constitution. With the view of accomplishing the desired 

 object, we further request your excellency will, as the com- 

 mander-in-chief of the army of the United States, direct the 

 Military Governor of Louisiana to order an election, in con- 

 formity with the Constitution and laws of the State, on the 

 first Monday of November next, for all State and Federal 

 officers. 



With high consideration and respect, we have the honor 

 to subscribe ourselves your obedient servants, 



E. E. MATHIOT, 

 BRADISH JOHNSTON, 

 THOMAS COTTU AN. 



Since receiving the letter, reliable information has 

 reached me that a respectable portion of the Louisiana 

 people desire to amend their State Constitution, and 

 contemplate holding a convention for that purpose. 

 This fact alone, as it seems to me, is a sufficient reason 

 why the General Government should not give the com- 

 mittee the authority you seek to act under the existing 

 State Constitution. 



I may add, that while I do not perceive how such a 

 committal could facilitate our military operations in 

 Louisiana, I really apprehend it might be so used as 

 to embarrass them. 



As to an election to be held next November, there is 

 abundant time, without any order or proclamation from 

 me just now. The people of Louisiana shall not lack 

 an opportunity for a fair election for both Federal and 

 State officers by want of anything within my power 

 to give them. Your obedient servant, 



ABRAHAM LINCOLN. 



Two parties of individuals were thus en- 

 gaged in distinct efforts to restore a State Gov- 

 ernment. The one acted upon the theory that 

 the Constitution was destroyed by secession, 

 and the other that its operation was only sus- 

 pended. This led to considerable discussion of 

 the effect of the Secession Act upon the State. 

 The first Constitution of Louisiana was adopt- 

 ed January 22d, 1812, and on April 8th, the 

 State was admitted into the Union. In 1845, 

 a new Constitution was adopted, which was 

 superseded by another Constitution in 1852. 

 On the 12th of December, 1860, a law passed 

 the Legislature, providing for a State Conven- 

 tion on the ground that "the condition of pub- 

 lic affairs" required "action for the interest 

 and welfare of the State." Everything was 



legally done up to the opening of the Conven- 

 tion on January 23d, 1801. This body passed 

 the act of. secession, and in many material 

 points remodelled and reconstructed the Con- 

 stitution of 1852, " and made or assumed to 

 make substantially a new Constitution of 1861 

 not in conformity with or in allegiance to the 

 Constitution of the United States, but to that 

 of the Confederate States. The conservative 

 portion wished to reorganize the State under 

 the Constitution of 1852, on the ground that 

 the acts of the Convention which framed the 

 ordinance of secession and the Constitution of 

 1861 were void, and that the Constitution of 

 1852 was still in force. The Free State Com- 

 mittee desired to call a Convention and form 

 an entirely new Constitution. The real point 

 of issue between these parties is thus set forth 

 in the organ of the latter : 



Although much breath has been wasted upon this 

 subject (the Constitutions of '52 and '61) by certain 

 ingenious politicians amongst us, who prate so loudly 

 of their loyalty, and yet who are extremely desirous of 

 holding important offices of honor and emolument un- 

 der the National and State Government, yet, for the 

 reasons before set forth % the question is altogether im- 

 material ; for, in the conflict of arms incident to this 

 rebellion, the predominant ideas of the good people of 

 Louisiana have far preceded either Constitution ; and 

 to reorganize now the State on the slave basis which 

 both Constitutions and the laws passed under them 

 recognized, has become an utter impossibility. Free 

 soil and free speech have grown up into absolute ne- 

 cessities, directly resulting from the war, which has 

 converted into 'dust and ashes all the Constitutions 

 which Louisiana has ever made, embodying the ideas 

 of property in our fellow-man, and all the baneful re- 

 sults of this system of African slavery. The present 

 war is nothing but the conflict of the ideas of slavery 

 and liberty. The war must necessarily lust until one 

 or the other idea fully, fairly, and, decisively triumphs. 

 We can neither progress nor regress until this question 

 is determined. We cannot have peace until public 

 opinion is brought quite up to this point. We cannot 

 reorganize the civil Government of our city, and still 

 less that of our State, and get rid of the fearful incu- 

 bus of martial law now pressing down our energies by 

 its arbitrary influence, unless we believe, give utterance 

 to and establish the fundamental principle of our Na- 

 tional Government : " all men are created free and 

 equal." We know of no better way to effect this than 

 by calling a Convention as soon as possible, to declare 

 the simple fact that Louisiana now is and will forever 

 be a free State. 



The Free State General Committee, or their 

 friends for them, insist that in August the 

 Military Governor, Gen. Shepley, was in Wash- 

 ington, and at that time the plan of the com- 

 mittee was adopted in the Cabinet, and adopt- 

 ed in all its parts, as above stated, and a special 

 order was issued from the "War Department to 

 Gen. Shepley, directing him to carry the plun 

 into execution. They say, " this order may 1)6 

 seen at the War Department," Such facts as 

 these would place the movement under the 

 guidance and control of loyal citizens of Lou- 

 isiana, who were steadfast opponents of slavery, 

 and demanded its immediate abolition through- 

 out the State. They further insist as follows : 



During the absence of Governor Shepley, near tbe 

 end of August, 1862, President Lincoln wrote to Grn. 

 Banks, referring to the registration then being cou- 



