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General Canby has saved millions of money tothe United States. In these days of barefaced raidsupon the Treasury, under color of bogus Southernclaims, Canby's foresight and care are brought outin strong relief. When the war was ended, he returnedall confiscated rebel property to its owners,but he took from them a release to the United Statesfor all claim for rent or damage during our occupation.These men's mouths are now closed. Theonly exception he made was made most reluctantlyunder the orders of Sheridan. That great soldierdoes not shine in civil government as he does in thefield. When he arrived in New Orleans, he toldGeneral Canby that he came there to take militarycommand; that as for civil matters he knew nothingabout them, and left them all to Canby. Before amonth had passed an order came that General Canbywould please report why he did not return the Me[110]tairieRidge Race-course to its owners. This coursewas owned by gamblers. The gamblers of New Orleansare an institution and a power in that city.Canby replied with the indorsement, "Respectfullyreturned with a copy of the order bearing date (amonth back) returning the Metairie Ridge Racecourseto its owners on the usual conditions." Theorder came back, "General Canby will return theMetairie Ridge Race-course without condition."Canby felt deeply hurt. His carefully devised andimpartially executed plan to protect the Treasuryhad been frustrated, and this in favor of a lot ofgamblers. I do not doubt that these men are nowbefore Congress as "loyal citizens," with their humblepetition for reimbursement for the occupation ofthe race-course and the destruction of the fences.

This system led, as I have said, to a collision betweenthe military and the judicial authorities inNew Orleans, which in any other hands than Canby'smight have been serious. M'Culloch wrote tothe general asking him to sustain his agents with themilitary power in their seizure of cotton. Canbyof course replied that he would do so. Shortly afterwardan agent applied to us for a military force.[115]He had seized a lot of cotton, and brought it to NewOrleans. The owner, an alleged Union man, hadapplied to the United States District Court, and theUnited States Marshal had been ordered to take possessionof it. He attempted to do so, but was, ofcourse, repulsed by the military, the city being stillunder martial law. The judge thereupon issued anorder for Canby to appear before him, and showcause why he held the cotton against the process ofthe court. The order was an impertinent one; forthe judge knew well enough that the city was stillunder martial law. The judge was that Durell whoafterward came to grief. But Canby always showedthe greatest respect to the judiciary. I remember,as if it were yesterday, seeing him start for thecourt-room at the appointed time, in full uniform,accompanied by Major De Witt Clinton, his judge-advocate.His return to the order of the court wasto my mind conclusive. He said, substantially, thatthe United States District Court was a creation ofthe law; that it possessed precisely those powerswhich had been conferred upon it by Congress, andno others; that if this cotton had been captured bythe navy on the high seas, he should have surrenderedit at once on the order of the judge, for the[116]court was clothed with admiralty jurisdiction, butthat it had no military jurisdiction, and that he hadno right to surrender, and might be held responsiblefor surrendering, powers which, under martiallaw, were vested in him alone. The judge reservedhis decision. The claimant's lawyers telegraphed tothe President; and Johnson, who was then beginningto coquet with the Democrats, contrary to Stanton'sadvice, and without waiting for Canby's report,ordered the cotton to be given up, to the general'sgreat satisfaction; for it soiled the fingers of everyone who touched it.

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