Volume II Part 61 (1/2)
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.