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admission of the State, dispenses with the provisions of any previous laws that conflict with it. In all other respects the constitutions and the governments organized under them remained inoperative until all the conditions of restoration were satisfied. It has been suggested recently that this decision is in conflict with a decision made by the general of the army in relation to the State of Georgia, on the 2d of March, 1868. The only decision of that date which I have been able to find relates to the State of Florida, and is in reply to a specific inquiry as to the qualifications of voters for offices under the constitution, “and to take office on the adoption of the constitution,” and the answer is to be interpreted by the decision of January 13, 1868, that “The governments elected cannot assume authority except under the orders of the district commander, or after action of Congress on their constitutions." The decision in relation to Georgia is dated on the 29th of April, 1868. It is similar in import, and refers to the dispatch of March 2, and this has probably led to the confusion of dates. It is in answer to a communication from the commander of the third military district, and applies directly and apparently exclusively to the 2d paragraph of General Orders, No. 61, third military district, of May 15, 1868, which provides that “inasmuch as said general assembly, should the constitution now submitted to the people of the State be ratified by them, and be approved by Congress, is required to convene and adopt the proposed amendment to the Constitution designated as Article XIV before the State can be admitted to representation in Congress, it may be decided that the members of the said general assembly are, while taking this preliminary action, officers of a provisional government, and as such required, under the 9th section of the act of Congress, of July 19, 1867, to take the “test oath.” This decision must also be interpreted by the decision of January 13th, and this I apprehend to be the proper rule of interpretation of all the correspondence upon this subject, as I have been unable to find any case in which the inquiry and answer did not relate to the status of these officers after the approval by Congress of the constitution under which they were elected. The law of June 25, 1868, approving the constitutions of several States, and authorizing specific action under them, was regarded by me as dispensing with the oath of office prescribed by the law of July 2, 1862, first as to the members of the general assembly, and after the ratification of the constitutional amendment to the other State officers duly elected and qualified under those constitutions. This construction, in its first application, did not include the governor and lieutenant governor; but as the organization of the legislature would have been incomplete without the lieutenant £ and as the legislative action required by the law might have been embarrassed by the action of the old incumbents, the general of the army directed that they should be removed, and the governor and lieutenant governor elect should be appointed in their places. They were so appointed in North and South Carolina, qualified under their military appointment, and after the ratification of the constitutional amend
ment again qualified under the constitutions of their States. The action taken in the first case was approved, and in the second, directed by the general of the army. It has also been suggested that the reeonstruction laws are silent as to the qualification of officers to be elected under the proposed constitutions and of voters at such elections, and that the laws under which the decision has been made are in conflict with the recent legislation of Congress (act of April 10, 1869) and with the XIVth article of the amendments to the Constitution of the United States. The question with regard to the qualification of voters was raised in the case of the (then) proposed constitution of the State of Florida, '' was settled by the 2d section of the law of March 13, 1868, which provides “That the constitutional conventions of any of the States named in the acts to which this is amendatory may provide, that at the time of voting upon the ratification of the constitution, the registered voters may vote also for members of the House of Representatives of the United States and for all elective officers provided by said constitution.” The “voters” at the election to be held in this State for “members of the general assembly,” “State officers,” and “members of Congress,” under the authority of the 2d sec: tion of the law of April 10, 1869, are determined by the 1st section of that law to be the “voters of said State registered at the date of said submission (of the constitution) for ratification or rejection.” The qualification of the officers rests upon the same basis, and must be governed by the reconstruction laws until the constitution becomes the controlling law, and this does not obtain until it has been approved by Congress. Over the remaining suggestions the district commander has no control, and the question whether the laws are or are not in conflict with the constitution must be determined by the Supreme Court of the United States. Very respectfully, your obedient servant, ED. R. S. CANBY, Brevet Major General, commanding.
Second Military District—North Carolina and South Carolina. 1868, July 2–Various appointments of railroad directors, &c., made by Governor Worth annulled. July 2–Legislature of North Carolina ratified the XIVth constitutional amendment. July 3–General Canby telegraphed to Governor Holden, “Your telegram announcing the ratification of the constitutional amendment by the Legislature of North Carolina has been received, and instructions will be sent to day to the military commanders in North Carolina to abstain from the exercise of any authority under the reconstruction laws, except to close up unfinished business, and not to interfere in any civil matters unless the execution of the law of June 25, 1868, should be obstructed by unlawful or forcible opposition to the inauguration of the new State government.” July 6–Issued instructions as to the course to be pursued by commanding officers on ratification of XIVth amendment in North Carolina and issue of the President's proclamation.
July 9–The Legislature of South Carolina ratified the XIVth constitutional amendment. July 13–Order similar to that of July 6 in relation to South Carolina. July 24—All authority conferred upon and heretofore exercised by the commander of the said second military district, by and under the aforecited law of March 2, 1867, remitted to the civil authorities constituted and organized in the said States of North Carolina and South Carolina under the constitutions adopted by the people thereof and approved by the Congress of the United States. Third Military District—Georgia, Florida, and Alabama. 1868, April 10–The resignations of sheriffs in Georgia being very numerous on account of the near approach of the election, their resignations were not received, and they were required to continue in the discharge of their duties till relieved by further orders. Forbade the attempts of employers to control the action or will of their laborers as to voting, by threats of discharge or other oppressive means, under the penalty of fine and imprisonment. Announced it as the intention of the commanding general to secure to all duly registered voters an opportunity to vote “freely and without restraint, fear, or the influence of fraud.” April 11—Forbade all municipal elections in Georgia on the general election day. Forbade the assembling of any armed bodies to discuss political questions. Forbade the carrying of arms at or near polling places on election day. Enjoined the superintendents of registration and officers of Freedmen's Bureau to instruct the freedmen as to their rights. April 13–It having been reported that many names have been stricken from the registered list of voters in Georgia without any cause, and it being the determination of the commanding general that all the candidates shall be able to show, from official data, that the election was honestly and fairly conducted, all managers of elections were ordered to receive the votes of all such persons, to be sent in a separate envelope with the returns of the election. April 15—Members of the General Assembly of Georgia taking their seats before the ratification of the XIVth constitutional amendment are officers of a provisional government, and required to take the test-oath. April 24—Allowed the employment on the highway of such persons as had been convicted of minor offences, permitted the use of the ball and chain where there was danger of escape, but the chain-gang not to be revived. May 11–Declared the constitution of Georgia ratified by a majority of 17,699. June 2–Declared the constitution of Florida ratified by a majority of 5,050. June 9–Legislature of Florida ratified the XIVth constitutional amendment. June 28–Rufus B. Bullock appointed Governor of Georgia, vice Brevet Brigadier General T. H. Ruger, to date from July 5. William H. Smith, Governor, vice R. M. Patton removed, and A. J., Applegate, Lieutenant Governor, of Alabama, both to date from July 13,
June 29—All civil officers in Florida ordered to turn over all public property, &c., to duly eleeted officers, '' the district commander, on notification of the inauguration of civil government, to transfer everything appertaining to the government of said State to the proper civil officers, and to abstain in future upon any pretext whatever from any interference with or control over the civil authorities of the State in the persons and property of the citizens thereof. July 2—Forbade any court or ministerial officer in Georgia to enforce any judgment, decree, or execution against any real estate, except for taxes, money borrowed and expended in the improvement of the homestead or for the purchase-money of the same, and for labor done thereon or material furnished therefor, or removal of incumbrance thereon, until the legislature should have time to provide for the setting apart and valuation of such property. July 3–Governor R. B. £ ock ordered to effect organization of the two houses of the legislature of Georgia on the 4th inst. July 9–Governor Wm. H. Smith ordered to organize the two houses of the legislature of Alabama on the 13th inst., having required beforehand that each house shall be purged of those who were obnoxious to the XIVth constitutional amendment. July 13—The legislature of Alabama ratified the XIVth constitutional amendment. July 14-Military rule withdrawn from the State of Alabama. All prisoners ordered to be turned over to civil courts. Writs from State courts to be answered by stating that the prisoners are prisoners of the United States, and writ must come from United States court. July 21-Legislature of Georgia ratified the XIVth constitutional amendment. July 22-Military rule withdrawn from Geor
HEADQUARTERS THIRD MILITARY DISTRICT, (DEPT. of GEORGIA, FLORIDA, AND ALABAMA,) ATLANTA, GA., July 30, 1868.
General Orders, No. 108. I. The several States comprising this military district having, by solemn acts of their Assemblies, conformed to the requisitions of the act of Congress which became a law June 25, 1868, and civil government having been inaugurated in each, the military power vested in the district commander by the reçonstruction laws, by the £ of these laws ceases to exist, and ereafter all orders issued from these headquarters, and bearing upon the rights of persons and property, will # in the several States of Georgia, Alabama, and Florida only such force as may be given to them by the courts and legislatures of the respective States. * *
By order of Major General Meade: $. F. BARsTow, A. A. A. G.
Fourth Military District—Mississippi and Arkansas. 1868, June 22—Arkansas admitted to representation in Congress. June 22-Election in Mississippi, constitution defeated. June 30-Military rule withdrawn from Ar kansas.
August 5–Arkansas detached from the fourth military district and attached to the department of Louisiana. 1869, March 23–All offices held by persons unable to take the test-oath and whose disabilities have not been removed declared vacant. April 9–Annuls an act of the legislature of Mississippi of 1867 in regard to £ fixing it at one dollar instead of two. No city or town allowed to levy a poll-tax. April 27–Ordered that all persons, without respect to race, color, or previous condition of servitude, who possess the qualifications prescribed by article 135, page 499, of the Revised Code of 1857, shall be competent jurors.
Fifth Military District—Louisiana and Texas.
1868, July 9–Legislature of Louisiana ratified the XIVth constitutional amendment. July 13—Military rule withdrawn from Louis12 n.8. August 4–Louisiana detached from the fifth military district. September 18–The constitutional convention of the State of Texas, on the 25th day of August, 1868, levied a tax of one-fifth of one per cent. on the assessment of 1868; which tax the assessors and collectors now have instructions to collect. It is hereby ordered that the tax be promptly aid. Any obstruction or resistance to the colection of said tax will be a violation of the law of Congress, and as such will be punished by military authority. September 29—No election for electors of President and Vice President of the United States will be held in the State of Texas on the 3d of November next. Any assemblages, proceedings, or acts for such purposes are hereby prohibited, and all citizens are admonished to remain at home, or attend to their ordinary business on that day. November 4–General Reynolds removed from command. General E. R. S. Canby assigned to the fifth military district. December 7—The constitutional convention reassembled, 1869, January 16–Divided the State into posts, giving instructions as to the duties of the commanding officers of each, and calling on all good citizens to unite in enforcing the law and establishing a good government. January 20–Forbids all military interference where civil power is sufficient to insure justice and order, and requires all things to be done as nearly in accordance with the laws of the States as may be, and promises the support of the military in every case of need to the civil authorities. £ 21—Authorizes post commanders to admit to bail £ not subject to Articles of War held in military arrest. Prescribes the form of bond. “II. The commanding general is advised that in some of the counties of this State it has been the practice of the sheriff, in calling for assistance in the execution of legal process, to summon only persons who are of the same political party. The administration of justice should not only be impartial, but its agents should be free from the suspicion of political or partisan bias; and it is made the duty of all sheriffs and peace officers
in all cases where they may lawfully require assistance, to summon substantial citizens of the county, whose social and material interests are involved in the peace and prosperity of the community, without reference to their political opinions.
“For like reasons, no person who is personally or pecuniarily interested in any issue to be tried will hereafter be deputed to serve or be summoned to aid in the service of any legal process connected with the particular cause of action.”
HEADQ'RS FIFTH MILITARY DISTRICT, AUSTIN, TExAs, April 7, 1869. General Orders, No. 68. The provisions of chapter 63, general laws of the 11th legislature, State of Texas, passed October 27, 1866, are so modified, that hereafter no county judge or county court shall, apprentice any child whose relatives, either by consanguinity or affinity, take such care of it as to prevent its becoming a charge upon the public; and in every case where a child has been apprenticed by the county court since the 19th day of June, 1865, the indentures shall be £i by the court that ordered them, when the relatives of such child, either by consanguinity or affinity, apply to the county court for the custody and care of it. It is further ordered, that the bond required by section 5 of said act shall, in addition to the conditions therein prescribed, provide for the tuition of such # in some private or public school for three months in every year of the apprenticeship. * * In any case where a sale of real estate may be made under execution or other judicial process, or “under a mortgage or deed of trust,” and the proceeds of such sale are for the benefit of the State of Texas, the Governor and attorney general may direct that such real estate shall be bid in for the State, if in their judgment the interest of the State will thereby be promoted; and the deed in such case shall be executed to the State of Texas in the same manner and with like effect as if the purchase had been made by an individual. The State of Texas shall in no case be required to give any bond or other security in the prosecution of its suits or remedies in the courts of the State. The operation of the act of the 11th legislature of Texas, £ “for the education of indigent white children of the several counties of the State,” passed November 12, 1866, is hereby suspended until the legislature shall provide for an equal system of common schools. All moneys collected for the purposes named in the act above cited, and not paid out or due under existing contracts or agreements, are hereby directed to be paid to the treasurers of the several counties wherein the same shall have been collected, and said treasurers are directed and required to receipt and account for the same as by law required with reference to other moneys not applicable to any special fund or purpose. y command of Bvt. Maj. Gen. E. R. S. Canby: Louis W. CAZIARC, A. D. C. A. A. A. G
April 8.-Gen. Canby relinquished command, and Gen. J. J. Reynolds resumed it.
April 12.—All civil officers in the State who cannot take the test-oath wili cease to perform official duties on the 25th instant.
New Constitution of Texas.
The constitution of the State of Texas, adopted by the convention, and to be submitted to a vote of the people at a time to be indicated by the President, contains in the preamble an acknowledgment, with gratitude, of the grace of God in permitting them to make a choice of our form of government. In the bill of rights are these declarations: That the heresies of nullification and secession, which brought the country to grief, may be eliminated from political discussion, that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to us and our posterity, we declare that— The Constitution of the United States, and the laws and treaties made and to be made in pursuance thereof, are acknowledged to be the sureme law; that this constitution is framed in armony with and in subordination thereto; and that the fundamental principles embodied herein can only be changed subject to the national authority. All freemen, when they form a social compact, have equal rights, and no man or set of men is £ to exclusive separate public emoluments or privileges. No law shall be passed depriving a party of any remedy of the enforcement of a contract which existed when the contract was made. No person shall ever be imprisoned for debt. No citizen of this State shall be deprived of life, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of £" or entailment ever be in force in this State. The equality of all persons before the law is herein recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor be exempted from any burdens or duty, on account of race, color, or previous condition. Importations of persons under the name of “coolies,” or any other designation, or the adoption of any system of peonage, whereby the helpless and unfortunate : be reduced to partial bondage, shall never be authorized, or tolerated by the laws of the State; and neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall £ been duly convicted, shall ever exist in the State. Every male person who shall have attained the age of twenty-one years, and who shall be (or who shall have declared his intention to become) a citizen of the United States, or who is at the time of the acceptance of this constitution by the Congress of the United States a citizen of Texas, and shall have resided in the State one
year next preceding an election, and the last six months within the district or county in which he offers to vote and is duly registered, (Indians not taxed excepted,) shall be deemed a qualified elector; and £ such qualified elector happen to be in any other county, situated in the district in which he resides, at the time of an election, he shall be permitted to vote for any district officer; provided that the qualified elector shall be permitted to vote anywhere in the State for State officers; and provided further, that no soldier, seaman, or marine in the army or navy of the United States shall be entitled to vote at any election created by this constitution. Senators shall be chosen for six years, and representatives for two. The governor for four. he legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets. It shall be the duty of the legislature to immediately expel from the body any member who shall receive or offer a bribe, or suffer his vote influenced by promise of preferment or reward; and every person so offending and so expelled shall thereafter be disabled from holding any office of honor, trust, or profit in this State. The legislature shall proceed, as early as practicable, to elect senators to represent this State in the Senate of the United States; and also provide for future elections of representatives to the Congress of the United States; and on the second Tuesday after the first assembling of the legislature after the ratification of this constitution the legislature shall proceed to ratify the XIIIth and XIVth articles of amendment to the Constitution of the United States of America. The governor may at all times require information in writing from all the officers of the executive department on any subject relating to the duties '' their offices, and he shall have a general supervision and control over them. He shall have the power of removal of each of said officers, except the lieutenant governor, for mis
feasance, malfeasance, or nonfeasance; but the
reasons and causes of such removal shall be communicated in writing by him to the senate at the first meeting of the legislature which occurs after such removal, for its approval or disapproval; if disapproved by the senate, it may restore the displaced incumbent by a vote of that body. he governor has the veto power, subject to an overriding vote of two-thirds of each House.) The supreme judges to be appointed by the governor, with approval of the senate, to serve for nine years. Every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under the disabilities named in this constitution, without distinction of race, color, or former condition, who shall be a resident of this State at the time of the adoption of this constitution, or who shall hereafter reside in this State one year, and in the county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now or hereafter may be elected by the people, and upon all questions submitted to the electors at any election; provided, that no person shall be allowed to vote or hold office who is now or hereafter may be disqualified thereby by the Constitution of the United States, until such disqualification shall be removed b the Congress of the United States; provided, further, that no person while kept in any asylum, or confined in prison, or who has been convicted of felony, or who is of unsound mind, shall be allowed to vote or hold office. It shall be the duty of the legislature of the State to make suitable provisions for the support and maintenance of a system of public free schools, for the gratuitous instruction of all the inhabitants of this State between the ages of six and eighteen years. The legislature shall establish a uniform system of public free schools throughout the State. The legislature at its first session (or as soon thereafter as may be possible) shall pass such laws as will require the attendance on the public free schools of the State of all the scholastic population thereof for the period of at least four months of each and every year; provided, that whenever any of the scholastic inhabitants may be shown to have received regular instruc. tion for said period of time in each and every year from any private teacher having a proper certificate of competency, this shall exempt them from the operation of the laws contemplated by this section. As a basis for the establishment and endowment of said public free schools, all the funds, lands, and other property heretofore set apart
and appropriated for the support and mainte- | (
nance of public schools shall constitute the public school fund; and all sums of money that may come to this State hereafter from the sale of any ortion of the public domain of the State of ' shall also constitute a part of the public school fund. And the legislature shall appropriate all the proceeds resulting from sales of public lands of this State to such public school fund. And the legislature shall set apart, for the benefit of public schools, one fourth of the annual revenue derivable from general taxation, and shall also cause to be levied and collected an annual poll-tax of one dollar on all male persons in this State between the ages of twentyone and sixty years for the benefit of public schools. And said fund and the income derived therefrom, and the taxes herein provided for school purposes, shall be a perpetual fund, to be applied, as needed, exclusively for the education of all the scholastic inhabitants of this State, and no law shall ever be made appropriating such fund for any other use or purpose ' The legislature shall, if necessary, in addition to the income derived from the public school fund and from the taxes for school purposes provided for in the foregoing section, provide for the raising of such amount, by taxation, in the several school districts in the State, as will be necessary to provide the necessary school-houses in each district and insure the education of all the scholastic inhabitants of the several districts. The public lands heretofore given to counties shall be under the control of the legislature, and may be sold under such regulations as the legislature may prescribe, and in such case the proceeds of the same shall be added to the public school fund. The legislature shall, at its first session, (and
from time to time thereafter, as may be found necessary,) provide all needful rules and regulations for the purpose of carrying into effect the provisions of this article. It is made the imperative duty of the legislature to see to it that all the children in the State, within the scholastic age, are without delay provided with ample means of education. The £ shall annually appropriate for school purposes, and to be equally distributed among all the scholastic population of the State, the interest accruing on the school fund and the income derived from taxation for school purposes, and shall, from time to time, as may be necessary, invest the principal of the school fund in the bonds of the United States Government, and in no other security. To every head of a family, who has not a homestead, there shall be donated one hundred and sixty acres of land out of the public domain, upon the condition that he will select, locate, and occupy the same for three years, and pay the office fees on the same. To all single men £ years of age there shall be donated eighty acres of land out of the public domain, upon the same terms and conditions as are imposed upon the head of a family. Members of the legislature, and all officers, before hey enter upon the duties of their offices, shall take the following oath or affirmation: “I A. B.) do solemnly swear (or affirm), that I will faithfully and impartially discharge and perform all duties £ on me as -—, accordin to the best of my skill and ability, and that will support the Constitution and laws of the United States and of this State. And I do further swear (or affirm), that since the acceptance of this constitution by the Congress of the United States, I, being a citizen of # State, have not fought a duel with deadly weapons, or committed an assault upon any person with deadly weapons, or sent or accepted a challenge to fight a duel with deadly weapons, or acted as second in £g a duel, or knowingly aided or assisted any one thus offending, either within the State or out of it; that I am not disqualified from holding office under the 14th amendment to the Constitution of the United States, (or, as the case may be, my disability to hold office under the XIV amendment to the Constitution of the United States has been removed ' act of Congress;) and, further, that I am a qualified elector in this State.” Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery perjury, forgery, or other high crimes The rivilege of free suffrage shall be supported by £ regulating elections, and prohibiting under adequate £ all undue influence thereon from power, bribery, tumult, or other improper practice. The legislature shall provide by law for the compensatiou of all officers, servants, agents, and public contractors, not provided for by this constitution, and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for the performance of the same; nor grant, by appro