pretending to be on guard duty for any purpose, or by any authority, not duly authorized by law.

By order of

Brevet Maj.-Gen. JOSEPH A. MOWER. NATHANIEL BURBANK,

Second Lieut. 37th Inf., A. A. Adj.-Gen. The order announcing the result of the election, and appointing the day for the assembling of the convention, was published on the 21st of October. The delegates chosen, a complete list of whom was given in the order, were notified to assemble at Mechanics' Institute Hall, New Orleans, on the 23d of November, 1867. Various "impediments to reconstruction" were removed by General Mower in November, the most prominent of which are designated in the following special order:

HEADQUARTERS FIFTH MILITARY DISTRICT,
November 21, 1867.

The present incumbents being impediments to reconstruction under the laws of Congress, the following removals and appointments of civil officers in Louisiana are hereby made: Albert Voorlies, LieutenantGovernor, is removed, and Jacob Hawkins appointed in his place; H. H. Hardy, Secretary of State, is removed, and J. R. G. Pitkin appointed in his place; Adam Griffin, State Treasurer, is removed, and E. J. Jenkins appointed in his place; Hypolite Peralter, Auditor of Public Accounts, is removed, and J. H. Sypher is appointed in his place; R. M. Larker, Superintendent of Public Education is removed, and John McNair is appointed in his place; Henry Bensel, State Tax-Collector for the Fourth District, is removed, and Geo. W. Kendall is appointed in his place.

By command of Gen. JOSEPH A. MOWER. Besides these, several local officers in the parish of Orleans, including a number of district judges, were removed, and their successors appointed. The nature of the influences brought to bear upon General Mower in order to effect these removals, at least in one case, may be seen in the following resolution:

Whereas, By a law of Congress, Harry T. Hays has been and is disfranchised for disloyalty to the Government of the United States; and

Whereas, The said Hays is now exercising the functions of sheriff of the parish of Orleans, contrary to the expressed will of the American people in Congress represented; and

Whereas, The retention of said office by said Harry T. Hays is a reproach to the dignity of the loyal people of the United States; and

Whereas, The law of Congress aforesaid makes it the duty of the district commander to remove from office disloyal men; therefore

Resolved, That a committee of three be appointed by this central executive committee of the Radical Republican party of Louisiana, to wait upon General Joseph A. Mower, and respectfully request him to remove from office said Harry T. Hays.

Mr. Hays was removed. General Mower was directed by General Grant to suspend his removals until the arrival of General Hancock; and accordingly an order of November 22, revoking previous orders, retained in office no less than thirteen persons who had been superseded, among whom were the Lieutenant-Governor, Secretary of State, Treasurer, Auditor, and Superintendent of Public Education.

General Hancock arrived at New Orleans on the 28th of November. On assuming command of the district, he issued the following order:

Special Orders, No. 40.

HEADQUARTERS FIFTH MILITARY DISTRICT,

NEW ORLEANS, November 29, 1867. First. In accordance with General Orders, No. 81, Headquarters of the Army, Adjutant-General's Of fice, Washington, D. C., August 27, 1867, MajorGeneral W. S. Hancock hereby assumes command of the Fifth Military District-the department composed of the States of Louisiana and Texas.

Second. The General Commanding is gratified to and it will be his purpose to preserve this condition learn that peace and quiet reign in this department, of things. As a means to this great end, he regards the maintenance of the civil authorities in the faithful execution of the laws as the most efficient under existing circumstances. In war it is indispensable to repel force by force, and overthrow and destroy opposition to lawful authority; but when insurrectionary force has been overthrown, peace established, and the civil authorities are ready and willing to perform their duties, the military power should cease to lead, and the civil administration resume its natural and rightful dominion.

Solemnly impressed with these views, the General announces that the great principles of American liberty still are the lawful inheritance of this people, and ever should be. The right of trial by jury, the habeas corpus, the liberty of the press, the freedom of speech, and the natural rights of persons, and the rights of property, must be preserved. Free institutions, while they are essential to the prosperity and happiness of the people, always furnish the strongest inducements to peace and order. Crimes and offences committed in this district must be referred to the consideration and judgment of the regular civil authorities, and these tribunals will be supported in their lawful jurisdiction.

Should there be violations of existing laws which should failures in the administration of justice by the are not inquired into by the civil magistrates, or courts be complained of, the cases will be reported to these headquarters, when such orders will be made as may be deemed necessary. While the General thus indicates his purpose to respect the liberties insurrections or forcible resistance to the laws will be of the people, he wishes all to understand that armed instantly suppressed by arms.

By command of Maj.-Gen. W. S. HANCOCK. Some of the important changes instituted by General Hancock in the policy of his predecessor are indicated in the following orders:

Special Orders, No. 203.

SEC. 2. The true and proper use of military power, besides defending the national honor against foreign nations, is to uphold the laws and civil government, and to secure to every person residing among us the enjoyment of life, liberty, and property.

It is accordingly made, by act of Congress, the duty of the commander of this district to protect all persons in their rights; to suppress disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals. The Commanding General has been officially informed that the administration of justice, and especially criminal justice, in the courts is clogged, if not entirely frustrated, by the enforcement of paragraph No. 2 of the military order numbered Special Order 125, current series, from these headquarters, issued on August 24, 1867, relative to the qualifications of persons to be placed on the jury lists of the State of Louisiana. To determine who shall and who shall not be jurors appertains to the legislative power, and until the laws in existence regulating this subject shall be amended or changed by that department of the civil government which the constitutions of all the States under our republican system vests with the people as expressed in the last legislative act that power, it is deemed best to carry out the will of upon this subject.

The qualifications of a juror, under the law, is a proper subject for the decision of the courts. The Commanding General, in the discharge of the trust reposed in him, will maintain the just power of the judiciary, and is unwilling to permit the civil authorities and laws to be embarrassed by military interference; and as it is an established fact that the administration of justice in the ordinary tribunals is greatly embarrassed by the operations of paragraph No. 2, Special Order, No. 125, current series, from these headquarters, it is ordered that said paragraph, which relates to the qualifications of persons to be placed on the jury lists of the State of Louisiana be, and the same is hereby, revoked; and that the trial by jury be henceforth regulated and controlled by the constitution and civil laws, without regard to any military order heretofore issued from these headquarters.

By command of Major-General HANCOCK. W. G. MITCHELL, Brevet Lieut.-Col., and Act. Assist. Adj.-Gen. General Orders, No. 1.

HEADQUARTERS FIFTH MILITARY DISTRICT, NEW ORLEANS, January 1, 1868. Applications have been made at these headquarters implying the existence of an arbitrary authority in the Commanding General, touching purely civil controversies. One petitioner solicits this action, another that, and each refers to some special consideration of grace or favor which he supposes to exist, and which should influence this department. The number of such applications and the waste of time they involve, make it necessary to declare that the administration of civil justice appertains to the regular courts.

The rights of litigants do not depend on the views of the general-they are to be adjudged and settled according to the laws. Arbitrary power such as he has been urged to assume has no existence here. It is not found in the laws of Louisiana or Texas-it cannot be derived from any act or acts of Congressit is restrained by a constitution and prohibited from action in many particulars. The Major-General commanding takes occasion to repeat that while disclaiming judicial functions in civil cases, he can suffer no forcible resistance to the execution of processes of the courts.

By command of Major-General HANCOCK. GEO. L. HARTSUFF, A. A. G.

He also reinstated several of the civil officers removed by order of General Mower. General Mower himself was relieved from the command of the District of Louisiana, and ordered to join his regiment at Greenville.

The Constitutional Convention, which was composed largely of colored delegates, assembled at New Orleans on the 23d of November, and chose J. G. Taliaferro to preside over its deliberations. The usual plan was adopted, of appointing various committees to prepare reports on different portions of the constitution. For nearly a month the delegates were engaged in receiving resolutions and discussing principles, and on the 20th of December a draft of a constitution was submitted. The first two articles of the Bill of Rights are in these words:

ART. 1. All persons, without regard to race, color, or previous condition, born or naturalized in the United States, and inhabitants of this State for one year, are citizens of this State. They shall enjoy the same civil and political rights and privileges, and be subject to the same pains and penalties.

ART. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

The franchise article provides that every male

The following persons shall be prohibited from vot ing or from holding any office of honor, trust, or profit in this State, to wit: All persons who shall have been convicted of treason, perjury, forgery, bribery, or other crime punishable by imprisonment at hard labor; all paupers and persons under interdiction; and all leaders or officers of guerilla bands during the late war or rebellion. The following persons are prohibited from voting or holding any office of honor, trust, or profit in this State until after the first of January, one thousand eight hundred and seventy-eight, to wit: All persons who, before the first of June, one thousand eight hundred and sixty-one, held the office of Vice-President, Secretary of State, Secretary of War, Secretary of the Interior, Secretary of the Treasury, Postmaster-General, or AttorneyGeneral of the United States, diplomatic agents of the United States, members of Congress, Judges of the Supreme, Circuit, and District Courts of the United States, Governors and Lieutenant-Governors of this State or of other States, Judges of the Supreme and District Courts of this State, Judges of the courts of last resort of other States, members of the Legisla ture of this State since the adoption of the constitu tion of 1852, who approved or encouraged the secession of this State or any other State, members of secession conventions who voted for or signed the ordinance of secession, and commissioned officers of the Army or Navy of the United States, who at any time engaged in the late rebellion: Provided, The Legislature may, by a vote of two-thirds of each House, remove such disability.

This article was adopted by the convention, 20 colored delegates voting for it and the same number voting against it. The work of the convention is not completed at this present writing, and forms part of the history of 1868.

Mention has already been made, incidentally, of destructive inundations resulting from extensive crevasses in the levees of the Mississippi River.In former times, when the planters could com mand a large force of laborers, in time of dan ger to these embankments, it was customary to set a watch upon them, and the slightest breach was promptly remedied. But owing to the disorganized condition of labor in the State, an extensive breaking away of the levees was not prevented on occasion of an unusual rise of the river last spring, and great distress was caused by the submersion of large tracts of land, at tended with destruction of property and in many cases with loss of life. The provision made by the Legislature for the repairing of the levees was rendered, in a great measure, ineffectual by the political difficulties which fol lowed. With the aid, however, of a special or der from General Sheridan in August, a thorough examination of the state of the levees was instituted, and the question of an appropriation for their benefit from the Federal Government is before Congress at the present time.

A general failure of crops, owing in part to the neglect and apathy of those upon whose labor the agricultural interests of the State have

heretofore mainly depended, and partly to the general disordered state of affairs in that section, as well as to the untoward occurrence of the inundation, has caused great want and suffering, especially on the part of the freedmen. In former years, the industry of the State was mostly absorbed in the culture of cotton and sugar, but the necessities of the times are forcing attention to the cultivation of grain and fruits, for which the soil and climate of Louisiana are well adapted. During the season of 1866-'67, 347 sugar plantations were under partial cultivation, and the product of the whole has been estimated at about 40,000 hogsheads of sugar and 65,000 barrels of molasses.

Early in the year 1868 General Hancock received an official representation from the Auditor and Treasurer of the State that "the indebtedness of the State is such that under the present revenue laws the debt cannot be paid; " and a communication from the Governor declaring that the State Treasury is totally bankrupt, that the judges and all the other officers of the State cannot be paid, and that unless some remedy is to be applied the machinery of civil government in the State must stop." Thereupon the Commanding General issued an order providing for the efficient levy, collection, and custody of the revenues, and extending the time of the operation of the act of the last Legislature making appropriation for current expenses, which act ceased to have effect on the 31st of December, 1867. By this order, all dues to the State are made payable only in legal-tender Treasury notes of the United States.

LÜBECK, a free German city, belonging to the North-German Confederation. Area, 109 square miles; population, in 1862, 50,614. The budget of 1867 estimates the public revenue at 1,692,000 and public expenditure at 1,719,700 marks current (one mark current equal to twenty-six cents); public debt, 20,365,750 marks current. To the army of the old German Confederation, Lübeck had to furnish a contingent of 612 men. According to a treaty concluded with Prussia on June 27, 1867, the military force of Lübeck was dissolved on October 1, 1867, and the military obligations of Lübeck were assumed by Prussia. A Prussian garrison in Lübeck, consisting of one battalion, serves for the enrollment of the inhabitants liable to military duty in accordance with the constitution of the NorthGerman Confederation. The total value of imports in 1866 was 80,641,185 marks current.

At the beginning of the year 1867 Lübeck possessed 40 sea-going vessels (among them 15 steamers, together of 4,846 lasts).

The movement of shipping in the years 1865 and 1866 was as follows:

LUMPKIN, JOSEPH HENRY, LL. D., an American jurist and statesman, Chief Justice of the State of Georgia at the time of his death, was born in Oglethorpe County, Ga., December 23, 1799; died in Athens, Ga., June 4, 1867. Prepared for college by Mr. Ebenezer Mason, of the Mason Academy at Lexington, Ga., at an early age, he entered the University of Georgia, and upon the death of its president, Dr. Finley, he repaired to Princeton and entered the junior class. He was graduated at Nassau Hall with high honor in 1819. His classical scholarship was remarkable, and his relish for ancient lore and acquaintance with the classics seem to have continued with him through life. Immediately after his graduation he entered upon the study of law in the office of Judge Cobb, a man of professional distinction and national reputation, and was admitted to the bar in October, 1820. He commenced practice at Lexington, Ga., and his success was immediate; he sprang almost at once into the very front rank of his profession. The bar of Georgia at that day contained many very able lawyers, men of national reputation, and among them such men as Upson, Clayton, Cobb, Payne, Sherton, and others; but all soon acknowledged the youthful Lumpkin as their peer. It was said of him that so thorough was his preparation, and so impressive his manner, that he never made a failure, and very rarely failed to carry the jury. After a brilliant career of twenty-four years, having amassed a considerable fortune and at the very acme of his reputation as a lawyer and an advocate, he was compelled to retire from his professional pursuits and to seek health in a foreign land. In 1844, accompanied by his family, he sailed for Europe, where he spent a year of great benefit to his health and keen intellectual enjoyment. 1845, during his absence, the Supreme Court of Georgia was organized, and without solicitation on his part, and even without his knowledge, he was elected Judge for the long term of six years without opposition. He was thrice reëlected for six years and each time without opposition, a fact almost without precedent in this age of an elective judiciary. Judge Lumpkin was elected Professor of Rhetoric and Oratory in the University of Georgia in 1846, but felt constrained to decline. He was subsequently elected Professor of Law in the school attached to the University and which was named in his honor the Lumpkin Law School. He discharged the duties of this position most successfully until the breaking out of the war disbanded the school. In 1855 President Pierce tendered him a seat upon the bench of the Court of Claims, although he had always acted with the Whig party. Feeling that he ought to remain and serve the State that had so greatly honored him, he declined the appointment. In 1860 he was elected Chancellor of the University, and reluctantly declined the position, through attachment to the court over which he had so long presided. The

In

The Lutheran periodicals are 11 English (4 weekly, 2 semi-monthly, 4 monthly, and i quarterly), 9 German (4 semi-monthly, 3 monthly, and 2 not defined), and 6 Swedish and Norwegian (1 weekly, 2 semi-monthly, and 8 monthly).

The organization of those Lutherans* who insist on a strict adhesion to the unaltered Confes sion of Augsburg as a condition of church membership was completed by the first "General Council" held at Fort Wayne, Indiana, on the 20th of November, and the following days. The Council was organized by the election of the Rev. J. Bassler, as President, Revs. H. W. Roth and J. Fritschell, Secretaries, and Dr. H. H. Muhlenberg, Treasurer. According to the statistics above given (taken from an Almanac published in the interest of the "General Synod"), the twelve Synods represented at this meeting number about 119,000 communicants, while the friends of the new organization claim a membership of 133,296, with 538 ministers, 556 charges, and 1,030 congregations. A resolution was passed inviting those only, "who are in the unity of the faith with us as set forth in the fundamental articles of this General Council," 46 The as "visiting brethren." Fundamental Principles "were then taken up. The New York Ministerium and the Wisconsin Synod having passed amendments, it was decided, that inasmuch as ten Synods had adopted them without any change, they cannot now be subjected to amendment, except in accordance with the provision which they contain. Other parts of the constitution were then considered, amended, and adopted. The ratio of representation was based upon the number of pastoral charges, ten of which are to be entitled to one clerical and one lay delegate, and more than five additional charges shall entitle a Synod to two more delegates. The action of the Joint Synod of Ohio was presented, declaring the conditions upon which it could alone unite with the Council, viz.: exclusion of congregations and ministers belonging to secret societies, the communion to be restricted to Lutherans, non-interchange of pulpits with other denominations, and the rejec tion of Millenarianism. After much debate, a committee was appointed, which reported certain principles by which the Council would be governed in deciding these questions, when regThe Missouri Synod having ularly presented. addressed a communication to the Council, pro

*See ANNUAL CYCLOPÆDIA for 1866, p. 461.

posing a conference with it, resolutions were adopted, laudatory of the fidelity of the Missourians to the faith of the Church, and expressing a willingness, at some future meeting of the Council, to meet them in a free conference. The Iowa Synod presented a communication, containing its views on the subjects introduced by the Joint Synod of Ohio, on which a committee reported that the Council was not ready to indorse as correct the logical deduction and application of the negative part of the Confessional Books, "made by the Iowa Synod, and recommending that the matter be referred to the district Synods, in the hope that the Holy Spirit will enable them to see eye to eye in all the details of practice and usage." The resolution to publish the "Church Book," prepared by a committee of the Synod of Pennsylvania, was adopted. The book is to contain as much of the Liturgy as will be needed for public worship, a collection of about six hundred hymns, the Unaltered Augsburg Confession, Luther's Small Catechism, and a collection of Family Prayers. A committee was appointed, to correspond with Lutheran churches in the Danish West India Islands, and the Russian Possessions, when, after a vote of thanks to the people of Fort Wayne for their hospitality, the Council adjourned to meet in the English Lutheran Church of Pittsburg, at such time as the officers shall designate.

Among those belonging to this new organization of Lutherans, there is some difference of opinion on the subject of Millenarianism. The Lutheran Synod of Missouri has expelled the Rev. Mr. Schieferdecker, one of their oldest ministers, on the ground of his having become entangled in the web of Millenarianism, which is condemned by the seventeenth article of the Augsburg Confession, and the Smaller Catechism. The Pennsylvania Synod, on the other hand, the first which last year withdrew from the old General Synod, has tolerated and honored prominent Millenarians in its connection, the Board of its Seminary electing one of them its president.

II. EUROPE.—In a number of German states the former Lutheran State Church has been fused with the Reformed State Church into the United Evangelical Church. This Church is viewed by some as an entirely new denomination, which has superseded the former Lutheran or Reformed Denominations, but others consider it merely as a confederation, which does not interfere with the Lutheran or Reformed character of individual congregations, and with the continued existence of the Lutheran and Reformed Churches. By far the larger portion of the United Evangelical Church were formerly Lutherans, and many of these desire the repeal of the union and the reconstruction of a strictly Lutheran Church. It is therefore impossible to ascertain the precise number of the population which now belongs in Germany to the Lutheran Church. (Statistics of the Lutheran, Reformed, and the United Evangelical

Churches, are fully given in Schem's American Ecclesiastical Almanac for 1868.)

The Lutheran Church of Germany was, in 1866-'67, chiefly agitated by the question whether the Prussian Government would endeavor to bring about a union of the Lutheran and Reformed Churches, in the annexed provinces, to the United Evangelical Church in Prussia. Decided opposition to all union schemes was expressed by a large number of Lutherans, especially in Hanover, where, at a conference of 550 Lutheran clergymen held in July, the vast majority expressly approved a resolution declaring it wrong to admit members of the Reformed Church to the Lord's Table in Lutheran churches. Among the Lutheran missionary societies the most important one is that of Leipsic. From the report presented at the last anniversary of this society it appears that the mission seminary has at present 10 students. In India there are 6 missionaries, and one is at present on a visit to Germany. During the last year 741 heathen were baptized by the missionaries, and there are now 8,303 converts, and 373 places. The receipts have increased, notwithstanding the war.

The Lutheran Church is the State Church in all the Scandinavian states-Sweden, Norway, and Denmark. In Sweden, the Church has 1 archbishop, 11 bishops, 3,200 pastors. The population, which, in 1865, amounted to 4,114.141, was all Lutheran, with the exception of about 10,060. Norway has 5 bishops, 336 pastors; population, in 1865, 1,701,478; with a still smaller number of non-Lutherans than Sweden. Denmark has 10 bishops, 69 provosts, 1,100 parishes, and 1,200 pastors; the population (1,608,095, and in the dependencies 124,020) are Lutherans, with the exception of 12,907 members of other creeds.

Austria has 1,218,750 Lutherans.

France has 44 consistories, 232 parishes, 199 annexes, 392 temples, 658 schools, 263 official pastors, 40 vicars; and in Algeria the Reformed and Lutheran (mixed) Consistory of Algiers has 12 parishes, 59 annexes, 71 places of worship, 12 schools, 16 official pastors. The Lutheran population is about 500,000, mostly in the Alsace.

In Russia the Lutheran Church is the predominant church in the Baltic provinces and in Finland. It has, in Russia Proper, 8 consistories, 431 churches, 566 ministers. The Lutheran population of Poland is 382,000, and of Finland 1,787,000.

In Holland there are two organizations of Lutherans; the one, the “Evangelical Lutheran," is supposed to be under the influence of the Liberal (Rationalistic) party, and has a population of about 66,000 souls; the other, the "Reformed Lutheran," adheres to the symbolical books, and numbers about 10,000 souls.

In the other countries of Europe there are but few Lutherans.

III. ASIA, AFRICA, AND AUSTRALIA.-The Lutherans sustain missions in India, China, and several parts of Africa. There are about 10,000