Volume II Part 61 (2/2)
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.
<script>