The Rise and Fall of the Confederate Government Volume II Part 61

All local officers, who were regularly elected by the people, were to be appointed by these commanders. Military orders were issued from time to time containing social regulations, etc. One on the subject of criminal arrests and trials required all sheriffs, marshals, and police officers to report to the Provost-Marshal-General of the district, their names, residence, official station, salary, and the authority by which they were appointed; also to investigate and report all particulars of any crime committed, to the Provost-Marshal-General, setting forth name, residence, and description of the offender with the nature of the offense, and steps taken to secure punishment. Sheriffs were directed to make a full report of the condition of all jails and prisons within their jurisdiction. All civil officers in charge of any jail, prison, or workhouse, were required to make full monthly reports of each inmate under their care. All sheriffs, constables, and police officers were required "to obey and execute the lawful orders of the Provost-Marshal-General, to the same effect as they are required by law to obey and execute writs, warrants, or other process issued by civil magistrates," and any resistance or refusal to execute the same subjected the offender to trial by military commission.

Details of the plan to be followed in making the registration were fully laid down, and the order then contained the following instructions:

"Boards will take notice that, according to section 10 of the act of July 19, 1867, they are not to be bound in their action by any opinion of any civil officer of the United States.

"Boards are instructed that all the provisions of the several acts of Congress cited are to be liberally construed, to the end that all the intents thereof be fully and perfectly carried out.

"It is made the duty of the commanding General to remove from office all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and perfect administration of the reconstruction acts."

On September 5, 1867, Major-General Canby took command. General Sickles, on announcing his retirement, said:

"The undersigned avails himself of the occasion to acknowledge the fidelity and zeal with which the officers and troops under his command have discharged their duties."

The question of the qualification of jurors now became important.

General Canby issued an order on September 13th, which required the jurors to be drawn from the "qualified voters," which included the newly emanc.i.p.ated slaves. The Judges met, and sent a respectful request to the General to change the order to conform to the law of the State. By the jury law, as it then stood, no person was qualified to serve as a juror unless he was a free white man, twenty-one years of age. The Judges were sworn to enforce this law and the Const.i.tution of the State. No notice was taken of the application. At the next court in Edgefield, Judge Aldrich, charging the grand jury, brought to their notice the order, the law and the Const.i.tution, and the oath of office, and then declared "he could not and would not obey the order." On going to open the court a few days after, the adjutant of the post delivered to him a military order suspending him from office. He proceeded and opened the court, read the order and stated the circ.u.mstances, and, laying aside his gown, directed the sheriff "to let the court stand adjourned while justice is stifled." [131] The major-general appointed another Judge to the vacancy.

The registration of voters was completed in the middle of October, and amounted to 46,346 whites and 78,982 blacks. The vote on a State Convention was taken on November 19th and 20th, and resulted, for the Convention, 130 whites and 68,876 blacks; against the Convention, 2,801 whites. The delegates were 34 whites and 63 blacks. The Convention a.s.sembled on January 14, 1868. The Bill of Rights contained provisions similar to that of Virginia, and the Const.i.tution was made to conform to the will of Congress. The ratification of the Const.i.tution, and the election of State officers and a Legislature, took place on April 14, 15, and 16, 1868. The vote for the Const.i.tution was 70,758; against it, 27,288; not voting, but registered, 35,551. The Legislature, with a majority of forty-eight blacks, a.s.sembled on July 6th. The fourteenth const.i.tutional amendment was adopted, and the construction of the State by Congress was completed practically on July 13, 1868.

In Georgia, on the cessation of hostilities, the Governor issued a proclamation calling a session of the Legislature. But the commanding General issued an order declaring the proclamation to be null and void. Another military officer, in a letter to the Governor, stated that he was instructed by the President to say to him, that "the persons who incited the war and carried it on will not be allowed to a.s.semble at the call of their accomplice to act again as the Legislature of the State, and again usurp the authority and franchises. In calling the Legislature together again, without the permission of the President, you have perpetrated a fresh crime; and, if any person presumes to answer or acknowledge your call, he will be immediately arrested." The military authorities of the United States then took the control of affairs until the appointment of James Johnson, on June 17th, by the President, as provisional Governor of the State, by a proclamation similar to the one issued in the case of Virginia. On July 13th he issued a proclamation prescribing the regulations for a State Convention. Provost-marshals had been stationed all over the State to regulate local affairs, and the laws in force previous to 1861 were ordered to be enforced. Delegates were elected on October 4th, and the so-called State Convention a.s.sembled on October 25th. The ordinance of secession was repealed. The payment of the war debt was prohibited. The emanc.i.p.ation of the slaves was expressly recognized, and a so-called election for State officers, members of the Legislature and of Congress, was appointed to be held on November 15th. The Legislature a.s.sembled on December 4th, and unanimously adopted the thirteenth amendment to the Federal Const.i.tution, prohibiting the existence of slavery. Charles J.

Jenkins, Governor-elect, was inaugurated, and on December 19, 1865, the provisional Governor relinquished the conduct of the State affairs to the const.i.tuted authorities. The Freedmen's Bureau Act and the Civil Rights Act of Congress were enforced by the military authorities.

The State Legislature again a.s.sembled on November 1, 1866. The ratification of the fourteenth amendment to the Const.i.tution of the United States was repa.s.sed to a joint committee of each House, which reported a resolution to refuse to ratify the same. In the Senate it was adopted unanimously, and in the House by a vote of 132 to 2. On April 1, 1866, Major-General John Pope a.s.sumed command in the third military district, containing Georgia, Florida, and Alabama. An unsuccessful effort was made by the State at this time to bring the question of the const.i.tutionality of the "reconstruction" acts of Congress before the Supreme Court. Governor Jenkins took part in the application to the Supreme Court, and, while at Was.h.i.+ngton, issued an address to the people of the State, urging them to take no action under the laws. He was called upon to make an explanation on his return by General Pope, as parts of the address were declared in violation of the military order of the latter. But as the so-called Governor had not seen the order, his offense was excused. A mayor and aldermen for Augusta were appointed by General Pope; also the sheriff and deputy for Bartow County, and other officers.

An order was issued that jurors should be selected from the list of qualified voters. Judge Reese, of Ocmulgee District, wrote to General Pope, declaring that, under his oath to sustain the laws, he could not conform to the order. General Pope replied with an attempt to show him that he owed allegiance, first of all, to the authority of the United States, as represented by the military power in the State.

The argument was of no avail, and the Judge was prohibited from holding court.

The registration of votes was completed early in September, The number registered was 188,647, and the whites had a majority of about 2,000. The election of delegates to the State Convention took place from October 29th to November 3d. Of the delegates, 133 were whites and 33 blacks. The Convention a.s.sembled on December 13th, and soon adjourned to January 8, 1868. Meantime, Major-General Meade had relieved General Pope as military commander. The Convention, before this adjournment, ordered the Comptroller to levy a tax to pay its expenses, and directed the State Treasurer to advance forty thousand dollars for its pay and mileage. The ordinance was sent to the Treasurer, endorsed with instructions from General Pope to pay. The Treasurer refused to advance the money, as he was prohibited by the Const.i.tution to do so, except on the warrant of the Governor. General Meade requested the Governor to issue the warrant. He replied that the Const.i.tution forbade any money to be drawn from the Treasury except on an appropriation, whereupon General Meade removed both officers, and appointed others.

The provisions required by the acts of Congress were adopted in the so-called new Const.i.tution. At the same time, certain provisions were inserted, which were intended to afford relief to the people. The Convention, therefore, by resolution, requested General Meade to require the courts to enforce them "until the State was restored to its regular relations with the United States, and the State organization was in full force." An order was, therefore, issued by the General requiring the courts and officers of the State government to enforce the provisions, in all respects, the same as if they had regularly taken effect. One of the Judges, having refused to comply with this order, was removed by General Meade.

The so-called election on the Const.i.tution, and for State officers, and Legislature, and members of Congress, was held on April 20th and following days. The State Const.i.tution was declared to be ratified; Rufus W. Bullock, the so-called Republican candidate, was declared to be elected Governor by a majority of seven thousand votes. The Legislature a.s.sembled on July 4, 1868, with three Senators and twenty-five Representatives who were negroes. The fourteenth amendment to the Federal Const.i.tution was adopted, and all the conditions of Congress were fulfilled; and on July 28, 1868, she was declared to be restored to the Union. Subsequently it appeared that the State Convention had made no provision which could be construed as expressly giving the black man a right to hold office, and all these members were expelled from the Legislature. The matter was taken up by Congress, and the State was not fully recognized as in the Union until 1870.

The proceedings in Florida commenced with the usual proclamation of President Johnson. It was issued on July 13, 1865, and appointed William Marvin provisional Governor of the State. On August 3d he issued a proclamation prescribing such rules and regulations as were deemed necessary for the choice of members of a so-called State Const.i.tutional Convention, and appointed October 10th for the day of election, and October 25th as the day on which the delegates should meet. They "annulled" the secession ordinance, pa.s.sed an ordinance prohibiting slavery, with a preamble in these words: "_Whereas_, slavery has been destroyed in this State by the Government of the United States; therefore," etc. Another ordinance declared void the liabilities contracted for the war. Freedmen were made competent witnesses in any matter wherein a colored person was concerned. An election of State officers, of the members of the Legislature, and of Representatives in Congress, was ordered to be held on November 29th, and the Legislature were required to meet on December 18th. Governor David S. Walker was inaugurated on December 21st, and on January 18, 1866, the provisional Governor surrendered the conduct of the State to the so-called const.i.tutional authorities. At this session of the Legislature, the Lower House unanimously refused to ratify the fourteenth amendment to the Const.i.tution of the United States. The military rule which has prevailed in local affairs was relaxed on April 27, 1866, and all civilians under military arrest were turned over to the civil authorities for trial.

On April 1, 1867, Major-General Pope a.s.sumed command under the act of Congress of March 2d. On June 18th a superintendent of registration was appointed, and the conditions for the registration of voters were prescribed. The result of the registration was 11,148 whites and 15,434 blacks. The election of delegates to the so-called State Const.i.tutional Convention was held on November 14th, 15th and 16th, and on January 20, 1868, the Convention a.s.sembled, and contained seventeen blacks as members. A disgraceful quarrel arose in the Convention, and twenty members absented themselves. The twenty-one remaining claimed to be a quorum, and formed a Const.i.tution, and adjourned. The absentees then returned, and, with three or four from the other side, organized and proceeded to form a Const.i.tution. The others appeared and claimed their seats. Great disorder prevailed, but by the intervention of Major-General Meade, and by putting in the chair his sub-commander, some degree of order was restored, and such an arrangement effected that the second Const.i.tution was completed.

All the requisite measures under it were adopted, and on June 29th, the surrender of the so-called government of the State by the military power of the United States to the civil authority was made.

The political quarrel continued long afterward.

In Alabama the proclamation of President Johnson was issued on June 21, 1865, by which Lewis C. Parsons was appointed provisional Governor and the usual proceedings prescribed. On July 20th the Governor issued a proclamation, which renewed the powers of the persons holding the towns.h.i.+p offices in the State; called a State Const.i.tutional Convention to a.s.semble on September 10th, and reordained the civil and criminal laws, except those relating to slaves, as they existed previous to 1861, and prescribed other regulations. A peaceful election was held, and the delegates to the so-called Convention a.s.sembled and took an oath to support the Const.i.tution of the United States and the Union thereof, and all proclamations relative to the emanc.i.p.ation of slaves. Slavery was prohibited, the war debt declared void, and the secession ordinance repealed. An election for State officers, members of the Legislature, and Representatives in Congress, was ordered on the first Monday of November. The new Const.i.tution was not submitted to a vote of the people on account of the delay it would occasion. Robert M. Patton was elected Governor, and the Legislature a.s.sembled on November 20th.

The amendment to the Const.i.tution of the United States prohibiting the existence of slavery was ratified, and on December 18, 1865, the provisional Governor surrendered the conduct of the affairs of the State to the Governor-elect.

During the existence of the Confederate Government, the Protestant Episcopal Church South was established, and the prayer for the President of the United States and all in civil authority, in the "Book of Common Prayer," was changed to one for the Confederate authorities. Upon the restoration of the authority of the United States, the prayer for the President was omitted altogether, by the recommendation of Bishop Wilmer; whereupon Major-General Woods issued an order by which the Bishop and all his clergy in the diocese of Alabama "were suspended from their functions and forbidden to preach or perform divine service." The order was subsequently set aside by President Johnson.

At the session of the Legislature in November, 1866, the fourteenth amendment to the United States Const.i.tution was rejected by an overwhelming majority.

On a.s.suming command of the Third Military Division under the act of Congress of March 2, 1867, Major-General Pope a.s.signed Major-General Swayne to the "administration of the military reconstruction bill" in Alabama. On April 8th the order directing the proceedings in the registration of voters was issued. Special instructions were issued, as in all the other States, to boards of registers which declared that clerks and reporters of the Supreme Court and inferior courts, and clerks to ordinary county courts, treasurers, county surveyors, receivers of tax-returns, tax-collectors, tax-receivers, sheriffs, justices of the peace, coroners, mayors, recorders, aldermen, councilmen of any incorporated city or town, who were ex-officers of the Confederacy, and who, previous to the war, occupied these offices and afterward partic.i.p.ated in the war, were all disqualified and not ent.i.tled to registration. Meantime the munic.i.p.al officers were removed in several places, and in the city of Mobile the police administration was suspended and the maintenance of public order a.s.sumed by the commander of the military force. Finally, the chief officers and councilmen of the city were removed, and others appointed by the district commander.

The registration was completed in August, and amounted to 72,748 whites and 88,243 blacks. The vote on the Convention and for delegates was given on the first three days of October. A hundred delegates were chosen, of whom ninety-six were "radicals"--seventeen of them were blacks. On November 5th the so-called Convention a.s.sembled and adopted all the amendments required by the act of Congress. The election for the ratification of the Const.i.tution, for State officers, members of the Legislature, and Representatives in Congress, was held on February 4, 1868. A majority of all the registered vote was required to ratify the Const.i.tution, which was 85,000. The vote cast was 75,000.

On June 20, 1868, Congress pa.s.sed an act which declared that each of the States of North Carolina, South Carolina, Georgia, Florida, Alabama, and Louisiana, should be admitted to representation when its Legislature had ratified the fourteenth amendment to the Const.i.tution of the United States, and farther, "upon the fundamental condition that the Const.i.tution of neither of said States shall ever be so amended or changed as to deprive any citizen, or cla.s.s of citizens, of the United States of the right to vote in said State, who are ent.i.tled to vote by the Const.i.tution thereof, herein recognized, except as a punishment for crime," etc.

The so-called State Legislature a.s.sembled on July 13th, and Articles XIII and XIV as amendments to the Const.i.tution of the United States were ratified. The conduct of the affairs of the State was now transferred by General Meade to the new civil authorities.

Mississippi, immediately after the cessation of hostilities, was occupied by a military force of the United States. Meantime the Governor called an extra session of the Legislature, and made provision for a Const.i.tutional Convention; but these measures were set aside by the proclamation of President Johnson, on June 13th, appointing William L. Sharkey provisional Governor. The system of measures embraced in the plan of the President for the restoration of the Confederate States to the Union was immediately commenced and completed in the election of Benjamin G. Humphreys for Governor, with the other State officers, members of the Legislature, and Representatives in Congress.

The fourteenth amendment of the Const.i.tution was unanimously rejected by the Legislature in January, 1867.

Under the act of Congress of March 2, 1867, Major-General Ord a.s.sumed command of the Fourth Military Division, consisting of Mississippi and Arkansas. Governor Humphreys sought immediately to bring the question of the const.i.tutionality of this act before the United States Supreme Court. Arguments were heard upon it by the Court. The motion was to enjoin and restrain President Johnson and Major-General Ord from executing the act and supplements. It was denied, and Chief-Justice Chase, on delivering the opinion, said:

"If the President refuses obedience, it is needless to observe that the Court is without power to enforce its process. If, on the other hand, the President complies with the order of the Court, and refuses to execute the act of Congress, is it not clear that a collision may occur between the executive and the legislative departments of the Government? May not the House of Representatives impeach the President for such refusal?"

Major-General Ord, immediately after a.s.suming command, proceeded to organize boards for the registration of voters and prescribe their qualifications and disqualifications. The latter were so numerous as to embrace, in all these States, every white who had voluntarily done the most simple act to aid or favor any person engaged in the Confederate service, or had incited, by words, others to render such aid, while the entire cla.s.s of blacks were not disqualified by such acts, as it was a.s.sumed that they were done by compulsion. Thus the aim and end of registration, after this manner, in a State, were to throw the entire political power into the hands of the negroes.

Orders were now issued directing the military to cooperate with the civil officers to break up the crime of horse-stealing, to secure to labor its share of the crops, and to protect debtor and creditor from sacrifices by forced sales; to suspend for a time certain sales under execution; to prohibit interference with the legal tenant; to ascertain if distillers had paid their taxes; to investigate complaints made by citizens of persecution by civil authorities; to notify State and munic.i.p.al officers of the laws of Congress for the organization of their governments on the basis of suffrage without regard to color; to subordinates of the Freedmen's Bureau to investigate all charges against landholders; to require supervisors, inspectors, and boards of registration to obtain the names of suitable persons, white or black, to act as clerks and judges of elections; to close strictly all bar-rooms and saloons for the day when political meetings were held; to remove the city marshal, three justices of the peace, and four members of the City Council of Vicksburg; to appoint other persons to fill the vacancies, who were required to take the test oath of Congress; to forbid the a.s.sembling of bodies of citizens under any pretense; to transfer the papers to a military commission whenever a person who had been in the Federal service was indicted and apprehended an unfair trial; to notify overseers of the poor that any neglect to provide for colored paupers would be regarded as a neglect of duty, etc.

The roistered names amounted to 46,636 whites and 60,167 blacks. The military appointment for delegates to the Convention was such as to give to thirty-two counties, having small colored majorities, seventy of the representatives, and to twenty-nine counties, having small white majorities, thirty representatives. On November 5th the election was held, and the so-called Convention a.s.sembled on January 8, 1868. The ordinance of secession was declared null and void; the existence of slavery prohibited; payment of the war debt forbidden; universal suffrage established, excepting only criminals; an election to ratify the Const.i.tution and for the election of State officers, a Legislature, and Representatives in Congress, was ordered to be held on June 22d, and a large number of radical amendments adopted. At the election the Const.i.tution was rejected by a majority of 7,629. The opposition candidate was also elected Governor.

On October 1, 1867, the Chief-Justice of the State, A. H. Handy, sent his resignation to the Governor. He said:

"It is apparent that the character and dignity of the Court can not be maintained, and that its powers must be held and exercised in subordination to the behests of a military commander."

On December 28, 1867, Major-General Ord was succeeded by Major-General McDowell. On June 15th the latter issued an order removing Governor Humphreys and appointing Major-General A. Ames to the vacancy. Governor Humphreys declined to vacate the office, saying that the attempt to remove him was a "usurpation of the civil government of Mississippi, unwarranted by and in violation of the Const.i.tution of the United States." A squadron of soldiers was sent by the military commander of the post, which marched in and took possession of the office. The house of the Governor was then demanded for the new inc.u.mbent of the office. As Governor Humphreys refused to vacate it, a file of soldiers came and ejected him.

After the rejection of the so-called new Const.i.tution, its friends applied to Congress, as the sovereign, to throw out the vote of several counties and declare the Const.i.tution to be adopted. This action was recommended on the ground, as they said, that the election had not been fairly conducted, and that violence and intimidation had, in many parts of the State, prevented a full and just vote. The Const.i.tution was defeated, not, as thus alleged, by fraud and intimidation, but distinctly for the reason that it was more vindictive in its spirit than the people, white or black, would tolerate, and more prescriptive in its provisions than the acts of Congress required.

In March, 1869, the provisional Governor of the State, Major-General A. Ames, was made the military commander of the Fourth Military District. At the same time a joint resolution was pa.s.sed by Congress, which ordered that all persons holding office in Mississippi, who could not take the test-oath prescribed in 1862, should be removed from office. By the aid of this weapon it was expected that General Ames would make the State organization so-called Republican.

Meanwhile Congress pa.s.sed an act which authorized the President to submit the Const.i.tution of the State to another election by the people, with a separate vote on its objectionable section.

Preparations for this election were commenced by the issue of an order of the military commander prescribing stringent regulations relative to the requisites of voters for registration. The election was held on November 30 and December 1, 1869, and the Const.i.tution was ratified. The vote against disfranchising citizens for serving under the Confederacy during the war was almost unanimous. The so-called Legislature a.s.sembled on January 11, 1870. The fourteenth and fifteenth amendments of the United States Const.i.tution were adopted, and on February 12th an act of Congress was pa.s.sed by which the State was permitted to be represented in that body.

At the beginning of 1865 Louisiana was under the State government constructed by General Banks, as has been stated in previous pages.

It occupied New Orleans, and extended its control to the extremity of the military lines. Within this limit it was treated practically as a restored portion of the Union. The United States military draft was enforced. Much disorder in civil affairs prevailed, and some serious disturbances occurred up to the time when Congress undertook its plan of restoration. There was, in fact, a military rule during all that period. On March 19, 1867, Major-General Sheridan was a.s.signed to the command of the Fifth Military District, embracing Louisiana and Texas, in accordance with the act of Congress of March 2d. By this act the existing State government was "declared to be only provisional, and subject to be abolished, modified, controlled, or superseded." Major-General Sheridan began his proceedings with the removal of certain obnoxious officials who were, in his opinion, dangerous to the peace of the community. The registration of voters was ordered to commence on May 1st. To an application to General Grant, the commander-in-chief, for more definite instructions, by Major-General Sheridan, the former replied on June 28th:

"Enforce your own construction of the military bill, until ordered to do otherwise."

The Legislature having appropriated four million dollars for the repairs of levees, and appointed a board to discharge the duties, Governor Wells became dissatisfied with their action, and appointed another board. Disputes arising between the two boards, Major-General Sheridan removed both, and appointed a third, and enforced its authority. In April, Major-General Sheridan, writing to General Grant, said:

"I fear I shall be obliged to remove Governor Wells, of this State, who is impeding me as much as he can."

General Grant replied:

"I would advise that no removals of Governors of States be made at present. It is a question now under consideration whether the power exists, under the law, to remove, except by special act of Congress, or by trial under the sixth section of the act promulgated in Orders 33 (act of March 2d)."

On June 3d Major-General Sheridan issued an order, removing the so-called Governor, saying that, "having made himself an impediment to the faithful execution of the act of Congress of March 2d, by directly and indirectly impeding the General in command in the faithful execution of the law," etc., Benjamin F. Flanders was appointed to fill the vacancy.

The registration ceased on July 31st, with the names of 44,732 whites and 82,907 blacks. Extensive removals from office were now made-- among others, twenty-two members of the City Council of New Orleans, also the city treasurer and city surveyor, a justice of peace, sheriff, etc. On August 17th Major-General Sheridan was relieved, and Major-General Hanc.o.c.k succeeded. "Impediments to reconstruction under the laws of Congress" continued to be removed, and other persons a.s.signed to their places.

The election for delegates to the so-called Convention was held on September 27th and 28th, and that body a.s.sembled on November 23d. The measures required by the act of Congress were adopted, and an election for its ratification and for State officers, and a Legislature, was held on April 17th and 18th. The Const.i.tution was ratified, and the State officers and members of the Legislature were elected. Meantime Major-General Hanc.o.c.k was relieved, and succeeded by Major-General Buchanan.

After the election, the registrars of the State proposed to install the newly elected officers under the provisions of an ordinance of the Convention. But they were notified by Major-General Buchanan that it could not be done without permission. To avoid any question as to the persons who should hold the offices of so-called Governor and Lieutenant-Governor after the meeting of the Legislature, the district commander was directed by General Grant to remove the former inc.u.mbents by military order and set up the individuals lately elected as their successors. This was done on June 27th, and on the 29th the so-called Legislature a.s.sembled in pursuance of a notice from the commanding General. The fourteenth amendment to the United States Const.i.tution was adopted; and, as by the act of Congress of June 25th, Louisiana had been restored to representation in that body, the commanding General on July 13, 1868, transferred the administration of civil affairs to the State officers.