made known to the Secretary of the Interior, and that the device would not work.

In these matters Governor Reed was no worse, and no better, than the legislators and politicians with whom he co-operated. In an election held on the 8th of November, 1870, for members of the legislature, lieutenant-governor, and members of Congress, the Republican candidates were "counted in" by the returning board. It was done by the rejection of votes in nine Democratic counties, on the pretense of "glaring informalities, and non-compliance with the law." The matter was brought before the supreme court of the state. That tribunal issued a writ commanding the returning board to count the rejected votes. But the writ was not obeyed. The rejected votes were not counted. The result of the election, therefore, was, that in the senate there were eleven Republicans and ten Democrats; and in the assembly, twenty-three Republicans and twenty Democrats; that Josiah T. Wales, a colored man, was the Representative in Congress, and S. T. Day the lieutenant-governor. The rejection of the votes in the nine counties was attributed by leading Democrats to the influence of the "Osborn Ring." This ring derived its name from Thomas W. Osborn, United States Senator from Florida. The opinion which Reed and Osborn entertained of each other may be gathered from a speech made by the former at Tallahassee, in 1870, pending his impeachment. In it he says:

"And how had I offended Senator Osborn? I had refused to make appointments at his dictation and I had blocked one of his schemes for plunder. He proposed to me that we should obtain from the United States Government the grant of a large tract of land at Pensacola for the state, and that I should then influence the surveyor-general that this land might be sold at a mere nominal price to Senator Osborn. I refused to countenance this scheme; and so I must be removed, that a more pliant tool might take my place, and the ring might plunder to its heart's content."

A third attempt to remove Governor Reed by impeachment was made in February, 1872. The assembly presented articles of impeachment, and the senate resolved itself into a court to try them. Fourteen charges were brought against him, including those which had been the subject of the previous investigation. The new charges were of the same general character-bribery, appropriation of state money to his own use, and fraudulent conspiracy with railroad managers and others to cheat and rob the state in connection with the issue of state bonds. Governor Reed announced his readiness to meet the charges; but the impeachment managers applied for a continuation of the trial, to give them time to collect evidence and bring witnesses from distant states. This application being denied, and the managers being unprepared to proceed with the trial, the court and legislature adjourned.

Immediately on the adjournment of the legislature, Governor Reed claimed the right to resume his executive functions, which (as the constitu

STATE CIVIL RIGHTS LEGISLATION.

523 tion required) he had had to yield to Lieutenant-Governor Day, on being impeached. But Day showed no disposition to surrender them. Reed, taking advantage of Day's temporary absence from the capital, stepped into the executive office at Tallahassee, got possession of the great seal of the state, and issued a proclamation announcing his resumption of the executive office. He did this on the ground that the abandonment of the impeachment proceedings was equivalent to his discharge from constructive arrest. This was on the 8th of April, 1872. On the fifteenth, Lieutenant-Governor Day issued a counter-proclamation. It asserted his right to the office of governor. It denounced Reed as a usurper, and his proceedings as rebellious. Reed submitted the question to the supreme court of the state. The majority of the judges decided adversely to his claim. They held that his impeachment was still pending before the senate; and that, until final action by that tribunal, he was, within the meaning of the constitution, suspended.

Day was equally unfortunate in his movement. When Reed appealed to the court, Day, as acting governor, summoned the legislature in extraordinary session. The impeachment proceedings were thus resumed before the managers were ready. The consequence was an immediate acquittal of Reed, and his restoration to office, so that each in turn was "hoist by his own petard." Each was indebted to the other for the degree of success achieved. The lieutenant-governor might have held the office of governor for months longer-possibly through the term-if he had not precipitated the impeachment trial by calling the legislature together in extraordinary session. This was the presidential year. General Grant was the Republican candidate. The Republicans carried the state by larger majorities than they had two years before. The Grant electors received 17,763 votes; the Greeley electors only 15,427. The Republican candidate for governor, Mr. Hart, received 17,603 votes, and the Democratic candidate, Mr. Bloxham, 16,004. The Republican candidates for Congress were elected by about the same majorities. The state senate consisted of thirteen Republicans and eleven Democrats, and the assembly of twenty-eight Republicans and twenty-four Democrats-the Republicans thus having a majority of six on joint ballot.

The new legislature met on the 17th of January, 1873. It proceeded to the election of a United States Senator in place of Mr. Osborn. The choice fell on Simon B. Conover. He was speaker of the assembly, and late state treasurer. He was a native of New Jersey, of a most approved family from Monmouth County.

The measure of this session bearing on the question of reconstruction was an act "to protect the citizens of Florida in their civil rights." It provided that no person should be excluded, by reason of race, color, or previous condition of servitude, from hotels, theatres, or other places of amusement, from traveling in public conveyances, from cemeteries, or from

public schools. All such attempts to enforce social intercourse between classes that have no affinities have been a failure, although backed by laws They are now practically of Congress and of "reconstructed" states. abandoned because of the righteous adverse decisions of the Supreme Court of the United States.

The Republicans elected the two congressmen in 1874. The legislative election was in favor of the Democrats. They had a majority of four on joint ballot. The Democratic party was thus enabled to take control of public affairs. They elected a Democrat, Charles W. Jones, to the United States Senate, in place of Gilbert, Republican. Senator Jones is of Irish descent, of stalwart form, gentle manners, accomplished talent, rare genius for law and comprehension of fact and philosophy. He was one of the first to aid in lifting the South out of its quagmire.

Governor Hart died in March, 1874, and was succeeded by the lieutenant-governor, M. L. Stearns.

The financial condition of Florida, in 1872, is thus stated in a congressional report of that period:

$2,556,072

1,032,215

4,000,000

10,000,000

$17,588,287

recon

The four-million-dollar item represents state bonds bearing interest at eight per centum. They were issued to the Jacksonville, Pensacola and Mobile Railroad Company in exchange for first mortgage bonds of the comTheir issue furnished one of those splendid oppany to the same amount. portunities for robbing the state and for enriching their manipulators that were so much in vogue about the same period in nearly all the " structed" states. It was in connection with them that some of the charges of fraud were made against Governor Reed in the impeachment proceedings. In his message of Jan. 4, 1872, Governor Reed referred to these same bonds as having been entrusted by the company "to one of the firms of swindlers who abound in New-York, who by fraud and villainy have diverted much of the proceeds." He had, however, placed the whole four thousand bonds, which nominally represented $1,000 each, or $4,000,000 in the aggregate, in the hands of his particeps, M. S. Littlefield. This notorious sharper had sold them to a London broker at the rate of £100, or $500 each;· so that, as they bore eight per cent. interest, the people of Florida were thus bound to pay for the money which was received on these bonds, and which was largely diverted from its legitimate purpose, interest at the rate of sixteen per centum. The experience of Florida in this respect was not different from that of Arkansas, Louisiana, and other "reconstructed" states.

CHAPTER XXX.

RECONSTRUCTION IN THE FOURTH MILITARY DISTRICT.

MISSISSIPPI

REGISTRATION -THE DEMOCRATS ALLOW THE ELECTION FOR CONVENTION TO GO BY DEFAULT. · APPREHENSIONS OF A NEGRO OUTBREAK COURT-MARTIALING OF A NEWSPAPER EDITOR THE CONSTITUTIONAL CONVENTION - LIBERAL COMPENSATION TO DELEGATES AND OFFICERS GENERAL AMES APPOINTED PROVISIONAL GOVERNOR, AND GOVERNOR HUMPHREYS OUSTED AT THE POINT OF THE BAYONET-THE CONSTITUTION DEFEATED EX-SENATOR BROWN'S EXPLANATION OF THE VOTE-MODERATION IN POLITICS- OBNOXIOUS FEATURES OF THE CONSTITUTION ELIMINATED-THE CONSTITUTION RATIFIED — CORRESPONDENCE BETWEEN PRESIDENT GRANT AND JUDGE DENT THE FALL ELECTION OF 1869-JAMES L. ALCORN CHOSEN GOVERNOR-HE DECLINES THE "PROVISIONAL" APPOINTMENT-ELECTIONS TO THE UNITED STATES SENATE- A COLORED SENATOR ADMISSION OF MISSISSIPPI TO THE UNION MEETING OF THE LEGISLATURE- GOVERNOR ALCORN'S INAUGURAL - A MURDER CASE-THE NEW CONSTITUTION — THE ELECTORS OF 1871 - CENSUS AND TAXATION – DEMOCRATIC VICTORY IN 1875 -ARKANSAS — HIGH-HANDED MILITARY INTERFERENCE WITH STATE OFFICIALS – THE CONSTITUTIONAL CONVENTION ELECTION FRAUDS — CHARGES OF FRAUD ON ONE SIDE, AND OF INTIMIDATION ON THE OTHER-MILITARY RULE TERMINATED, AND THE STATE RESTORED TO THE UNION-FUNDING THE PUBLIC DEBT- – THE HOLFORD BONDS-HOSTILITY BETWEEN GOVERNOR CLAYTON AND LIEUT.-GOV. JOHNSON -THE FALL ELECTION OF 1872-MORE WHOLESALE FRAUDS-THE BAXTER-BROOKS CONFLICT-ADOPTION OF THE CONSTITUTION OF 1874-THE PARTIES AND THEIR LEADERS EXCHANGING POSITIONS-PRESIDENT GRANT CHANGES WITH THEM REPORT OF THE POLAND INVESTIGATING COMMITTEE — STATE FINANCES.

G

ENERAL E. O. C. Ord was appointed commander of the Fourth military district. It consisted of the states of Mississippi and Arkansas. His headquarters were at Vicksburg. He entered on his duties on the twenty-sixth of March, 1867. In a general order, dated April 15, he stated that elections to fill vacancies in state offices would not take place until a registration of voters had been made, and that in the meantime he would fill such vacancies by appointment. He advised the freedmen that their most important duty was to labor for the support of themselves and their families, and not to neglect that duty for politics.

The result of the registration in Mississippi showed that there were 46,636 white registered voters, and 60,167 colored ones. An election was then held, for and against a state convention, and for delegates thereto. The whites complained that the selection of delegates was unfairly made, so as to give a large preponderance to the negroes. They were for a time divided in opinion as to the utility of making any opposition to the Republicans. They therefore allowed the election to go practically by default. There were only 6,277 votes, out of a total of 76,076, cast against a convention.

In December, 1867, the provisional governor, Benjamin G. Humphreys, found it necessary to call upon General Ord for assistance in preventing a violent outbreak of the blacks. The blacks had been led by demagogues to expect that lands would be confiscated and distributed among them. He also issued a proclamation against threatened combinations and conspiracies among the blacks to seize lands and establish farms. General Ord gave orders for the arrest of all persons engaged in such unlawful enterprises, and of all white men who should advise negroes to unlawful acts. These vigorous measures had the desired effect. The reckless schemes were abandoned. A disturber of the peace among the whites was W. H. McCardle. He was the editor of a Vicksburg newspaper. He was arrested and court-martialed on charges of publishing articles intended to incite the people to a breach of the peace, and to impede reconstruction. Judge Hill, of the United States District Court, issued a writ of habeas corpus in behalf of McCardle. To this General Ord made return, setting forth the facts; and that the prisoner was held by the authority of the acts of Congress known as the Reconstruction acts. Judge Hill ruled that those acts were valid and constitutional. An appeal was taken to the Supreme Court of the United States. That court dismissed the appeal for want of jurisdiction.

man.

The constitutional convention met in Jackson on the 7th of July, 1868. It continued in session until the 18th of May. It contained a large Republican majority. B. B. Eggleston was elected president. He was an Ohio The delegates showed a liberal appreciation of their services by voting themselves a compensation of $10 a day; $20 a day to the president; $15 each to the secretary and reporter; $10 to the sergeant-at-arms, and $2.50 to the pages. There was considerable opposition to this scale of compensation, but the dissatisfied were regarded as almost guilty of treason, and as deserving of expulsion. A committee was appointed to prepare a memorial to Congress, asking for power to remove the state officials appointed or elected under the provisional government and to appoint others in their stead. A protest against this memorial, repelling the charge that the provisional government was in the hands of the rebels, and that the lives and property of loyal men were insecure, was signed by fifteen members, but it was not allowed to be entered on the journal. The convention, by a vote of fifty to nineteen, ordered the protest to be "wrapped in brown paper and returned to its author."