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admission of the State, dispenses with the pro- ment again qualified under the constitutions of visions of any previous laws that conflict with their States. it. In all other respects the constitutions and The action taken in the first case was approved, the governments organized under them remained and in the second, directed by the general of the inoperative until all the conditions of restora- army. It has also been suggested that the retion were satisfied. It has been suggested re-construction laws are silent as to the qualification cently that this decision is in conflict with a of officers to be elected under the proposed con. decision made by the general of the army in stitutions and of voters at such elections, and relation to the State of Georgia, on the 2d of that the laws under which the decision has been March, 1868. The only decision of that date made are in conflict with the recent legislation which I have been able to find relates to the of Congress (act of April 10, 1869) and with the State of Florida, and is in reply. to a specific XIVth article of the amendments to the Constiinquiry as to the qualifications of voters for tution of the United States. The question with offices under the constitution, "and to take office regard to the qualification of voters was raised on the adoption of the constitution," and the in the case of the (then) proposed constitution of answer is to be interpreted by the decision of the State of Florida, and was settled by the 2d January 13, 1868, that “The governments elected section of the law of March 13, 1868, which procannot assume authority except under the orders vides “That the constitutional conventions of of the district commander, or after action of any of the States named in the acts to which this Congress on their constitutions." The decision is amendatory may provide, that at the tiine of in relation to Georgia is dated on the 29th of voting upon the ratification of the constitution, April, 1868. It is similar in import, and refers the registered voters may vote also for members to the dispatch of March 2, and this has proba of the House of Representatives of the United bly led to the confusion of dates. It is in answer States and for all elective officers provided by to a communication from the commander of the said constitution.” The “voters" at the election third military district, and applies directly and to be held in this State for "members of the genapparently exclusively to the 2d paragraph of eral assembly," "State officers,” and members General Orders, No. 61, third military district, of Congress," under the authority of the 2d secof May 15, 1868, which provides that "inasmuch tion of the law of April 10, 1869, are determined as said general assembly, should the constitution by the 1st section of that law to be the "voters now submitted to the people of the State be of said State registered at the date of said subratified by them, and be approved by Congress, mission of the constitution) for ratification or is required to convene and adopt the proposed rejection. The qualification of the officers rests amendment to the Constitution designated as upon the same basis, and must be governed by Article XIV before the State can be admitted the reconstruction laws until the constitution to representation in Congress, it may be decided becomes the controlling law, and this does not that the members of the said general assembly obtain until it has been approved by Congress. are, while taking this preliminary action, officers Over the remaining suggestions the district comof a provisional government, and as such required, mander has no control, and the question whether under the 9th section of the act of Congress, of the laws are or are not in conflict with the conJuly 19, 1867, to take the "test oath."
stitution must be determined by the Supreme This decision must also be interpreted by the Court of the United States. decision of January 13th, and this I apprehend Very respectfully, your obedient servant, to be the proper rule of interpretation of all the
ED. R. S. CANBY, correspondence upon this subject, as I have been
Brevet Major General, commanding. unable to find any case in which the inquiry and answer did not relate to the status of these officers Second Military District-North Carolina and after the approval by Congress of the constitu
South Carolina. tion under which they were elected. The law of 1868, July 2—Various appointments of railJune 25, 1868, approving the constitutions of road directors, &c., made by Governor Worth several States, and authorizing specific action annulled. under them, was regarded by me as dispensing July 2—Legislature of North Carolina ratified with the oath of office prescribed by the law of the XIVth constitutional amendment. July 2, 1862, first as to the members of the general July 3—General Canby telegraphed to Govassembly, and after the ratification of the con ernor Holden, "Your telegram announcing the stitutional amendment to the other State officers ratification of the constitutional amendment by duly elected and qualified under those constita- the Legislature of North Carolina has been retions. This construction, in its first application, ceived, and instructions will be sent to day to did not include the governor and lieutenant gov- the military commanders in North Carolina to ernor ; but as the organization of the legislature abstain from the exercise of any authority under would have been incomplete without the lieu- the reconstruction laws, except to close up unfintenant governor, and as the legislative action ished business, and not to interfere in any civil required by the law might have been embarrassed matters unless the execution of the law of June by the action of the old incumbents, the general 25, 1868, should be obstructed by unlawful or of the army, directed that they should be re- forcible opposition to the inauguration of the moved, and ihe governor and lieutenant governor new State government." elect should be appointed in their places. They July 6– Issued instructions as to the course to were so appointed in North and South Carolina, be pursued by commanding officers on ratificaqualified under their military appointment, and tion of XIVth amendment in North Carolina after the ratification of the constitutional amend. I and issue of the President's proclamation.
July 9-The Legislature of South Carolina June 23-All civil officers in Florida ordered ratified the XIV th constitutional amendment. to turn over all public property, &c., to duly
July 13—Order similar to that of July 6 in eleeted officers, and the district commander, on relation to South Carolina.
notification of the inauguration of civil governJuly 24—All authority conferred upon and ment, to transfer everything appertaining to the heretofore exercised by the commander of the government of said State to the proper civil said second military district, by and under the oficers, and to abstain in future upon any preaforecited law of March 2, 1867, remitted to the text whatever from any interference with or civil authorities constituted and organized in the control over the civil authorities of the State in said States of North Carolina and South Carolina the persons and property of the citizens thereof. under the constitutions adopted by the people July 2–Forbade any court or ministerial offithereof and approved by the Congress of the cer in Georgia. to enforce any judgment, decree, United States.
or execution against any real estate, except for
taxes, money borrowed and expended in the Third Military District-Georgia, Florida, and improvement of the homestead or for the purAlabama.
chase-money of the same, and for labor done 1868, April 10—The resignations of sheriffs in thereon or material furnished therefor, or reGeorgia being very numerous on account of the moval of incumbrance thereon, until the legisnear approach of the election, their resignations lature should have time to provide for the setting were not received, and they were required to apart and raluation of such property. continue in the discharge of their duties till re effect organization of the two houses of the leg
July 3-Governor R. B. Bullock ordered to lieved by further orders.
Forbade the attempts of employers to control islature of Georgia on the 4th inst. the action or will of their laborers as to voting,
July 9–Governor Win. H. Smith ordered to by threats of discharge or other oppressive means, organize the two houses of the legislature of under the penalty of fine and imprisonment. An Alabama on the 13th iust., having required benounced it as the intention of the commanding forehand that each house shall be purged of general to secure to all duly registered voters an those who were obnoxious to the XIVth constiopportunity to vote "freely and without re tutional amendment. straint, fear, or the influence of fraud."
July 13-The legislature of Alabama ratified April 11-Forbade all municipal elections in the XIVth constitutional amendment. Georgia on the general election day. Forbade July 14–Military rule withdrawn from the the assembling of any armed bodies to discuss State of Alabama. All prisoners ordered to be political questions. Forbade the carrying of turned over to civil courts. Writs from State arms at or near polling places on election day. courts to be answered by stating that the prisEnjoined the superintendents of registration and oners are prisoners of the United States, and officers of Freedmen's Bureau to instruct the writ must come from United States court. freedmen as to their rights.
July 21—Legislature of Georgia ratified the April 13–It having been reported that many
XIVth constitutional amendment. names have been stricken from the registered
July 22— Military rule withdrawn from Geor. list of voters in Georgia without any cause, and gia. it being the determination of the commanding HEADQUARTERS THIRD MILITARY DISTRICT, general that all the candidates shall be able to
(DEPT. OF GEORGIA, FLORIDA, AND ALABAMA,) show, from official data, that the election was
ATLANTA, GA., July 30, 1868. honestly and fairly conducted, all managers of General Orders, No. 108. elections were ordered to receive the votes of all I. The several States comprising this military such persons, to be sent in a separate envelope district having, by solemn acts of their Assemwith the returns of the election.
blies, conformed to the requisitions of the act of April 15-Members of the General Assembly Congress which became a law June 25, 1868, and of Georgia taking their seats before the ratifica- civil government having been inaugurated in tion of the XIVth constitutional amendment are each, the military power vested in the district officers of a provisional government, and required commander by the reconstruction laws, by the to take the test-oath.
provisions of these laws ceases to exist, and April 24-Allowed the employment on the hereafter all orders issued from these headquarhighway of such persons as had been convicted ters, and bearing upon the rights of persons and of minor offences, permitted the use of the ball property, will have in the several States of and chain where there was danger of escape, but Georgia, Alabama, and Florida only such force the chain-gang not to be revived.
as may be given to them by the courts and leg. May 11-Declared the constitution of Georgia islatures of the respective States. ratified by a majority of 17,699.
By order of Major General Meade: June 2-Declared the constitution of Florida
S. F. BARSTOW, A. A. A. G. ratified by a majority of 5,050.
June 9-Legislature of Florida ratified the Fourth Military District-Mississippi and ArXIV th constitutional amendment.
kansas. June 28—Rufus B. Bullock appointed Gov.
1863, June 22-Arkansas admitted to repreernor of Georgia, vice Brevet Brigadier General sentation in Congress. T. H. Ruger, to date from July 5. William H. June 22-Election in Mississippi, constitutior Smith, Governor, vice R. M. Patton removed, defeated. and A. J. Applegate, Lieutenant Governor, of June 30–Military rule withdrawn from Ar Alabama, both to date from July 13.
August 5-Arkansas detached from the fourth in all cases where they may lawfully require military district and attached to the department assistance, to summon substantial citizens of the of Louisiana.
county, whose social and material interests are 1869, March 23-All offices held by persons involved in the peace and prosperity of the comunable to take the test-oath and whose disabili. munity, without reference to their political ties have not been removed declared vacant. opinions.
April 9—Annuls an act of the legislature of **For like reasons, no person who is personMississippi of 1867 in regard to poll-tax, fixing ally or pecuniarily interested in any issue to be it at one dollar instead of two. No city or town tried will hereafter be deputed to serve or be allowed to levy a poll-tax.
summoned to aid in the service of any legal April 27-Ordered that all persons, without process connected with the particular cause of respect to race, color, or previous condition of action." servitude, who possess the qualifications pre
HEADQ'RS FIFTI MILITARY DISTRICT, scribed by article 135, page 499, of the Revised Code of 1857, shall be competent jurors.
AUSTIN, Texas, April 7, 1869. General Orders, No. 68.
The provisions of chapter 63, general laws of Fifth Military District-Louisiana and Texas.
the 11th legislature, State of Texas, passed Oc1868, July 9- Legislature of Louisiana rati- tober 27, 1866, are so modified, that hereafter no fied the XIVth constitutional amendment. county judge or county court shall apprentice
July 13–Military rule withdrawn from Louis- any child whose relatives, either by consaniana.
guinity or affinity, take such care of it as to preAugust 4-Louisiana detached from the fifth vent its becoming a charge upon the public; and military district.
in every case where a child has been apprenticed September 18-The constitutional convention by the county court since the 19th day of June, of the State of Texas, on the 25th day of August, 1865, the indentures shall be cancelled by the 1868, levied a tax of one-fifth of one per cent. court that ordered them, when the relatives of on the assessment of 1868; which tax the asses- such child, either by consanguinity or affinity, sors and collectors now have instructions to colo apply to the county court for the custody and lect. It is hereby ordered that the tax be promptly care of it. paid. Any obstruction or resistance to the col It is further ordere that the bond required lection of said tax will be a violation of the law by section 5 of said act shall, in addition to of Congress, and as such will be punished by the conditions therein prescribed, provide for military authority.
the tuition of such child in some private or September 29-No election for electors of Pre- public school for three months in every year of sident and Vice President of the United States the apprenticeship. will be held in the State of Texas on the 3d of In any case where a sale of real estate may November next. Any assemblages, proceedings, be made under execution or other judicial proor acts for such purposes are hereby prohibited, cess, or "under a mortgage or deed of trust," and all citizens are admonished to remain at and the proceeds of such sale are for the benefit home, or attend to their ordinary business on of the State of Texas, the Governor and attor. that day.
ney general may direct that such real estate Noveinber 4—General Reynolds removed from shall be bid in for the State, if in their judgment command. General E. R. S. Canby assigned to the interest of the State will thereby be prothe fifth military district.
moted ; and the deed in such case shall be exeDecember 7- The constitutional convention cuted to the State of Texas in the same manner reassembled,
and with like effect as if the purchase had been 1869, January 16-Divided the State into made by an individual. posts, giving instructions as to the duties of the The State of Texas shall in no case be required commanding officers of each, and calling on all to give any bond or other security in the prosegood citizens to unite in enforcing the law and cution of its suits or remedies in the courts of establishing a good government.
the State. January 20—Forbids all military interference The operation of the act of the 11th legwhere civil power is sufficient to insure justice islature of Texas, providing " for the educaand order, and requires all things to be done as tion of indigent white children of the several nearly in accordance with the laws of the States counties of the State," passed November 12, as may be, and promises the support of the mili- 1866, is hereby suspended until the legislature tary in every case of need to the civil authorities. shall provide for an equal system of common
January 21-Authorizes post commanders to schools. All moneys collected for the purposes admit to bail persons not subject to Articles of named in the act above cited, and not paid out War held in military arrest. Prescribes the form or due under existing contracts or agreements, of bond.
are hereby directed to be paid to the treasurers -"II. The commanding general is advised that of the several counties wherein the same shall in some of the counties of this state it has been have been collected, and said treasurers are dithe practice of the sheriff, in calling for assist- rected and required to receipt and account for ance in the execution of legal process, to summon the same as by law required with reference to only persons who are of the same political party. Other moneys not applicable to any special fund The administration of justice should not only be or pur impartial, but its agents should be free from the By command of Byt. Maj. Gen. E. R. S. Canby: suspicion of political or partisan bias; and it is
LOUIS V, CAZIARC, made the duty of all sheriffs and peace officers
A. D.C. A A. A. G
April 8.-Gen. Canby relinquished command, 1 year next preceding an election, and the last six and Gen. J. J. Reynolds resumed it.
months within the district or county in which April 12. --All civil officers in the State who he offers to vote and is duly registered, (Indians cannot take the test-oath will cease to perform not taxed excepted,) shall be deemed a qualified official duties on the 25th instant.
elector; and should such qualified elector happen to be in any other county, situated in the
district in which he resides, at the time of an New Constitution of Texas.
election, he shall be permitted to vote for any The constitution of the State of Texas, adopted district officer; provided that the qualified elecby the convention, and to be submitted 10 a vote tor shall be permitted to vote anywhere in the of the people at a time to be indicated by the State for State officers; and provided further, President, contains in the preamble an acknowl. that no soldier, seaman, or marine in the army edgment, with gratitude, of the grace of God in or navy of the United States shall be entitled to permitting them to make a choice of our form of vote at any election created by this constitution. government.
Senators shall be chosen for six years, and In the bill of rights are theso declarations : representatives for two. The governor for four,
That the heresies of nullification and secession, The legislature shall not authorize any lottery, which brought the country to grief, may be elim- and shall prohibit the sale of lottery tickets. inated from political discussion, ihat public order It shall be the duty of the legislature to immemay be restored, private property and human life diately expel from the body any member who protected, and the great principles of liberty and shall receive or offer a bribe, or suffer his vote equality secured to us and our posterity, we de- influenced by promise of preferment or reward ; clare that
and every person so offending and so expelled The Constitution of the United States, and the shall thereafter be disabled from holding any laws and treaties made and to be made in pur- office of honor, trust, or profit in this State. suance thereof, are acknowledged to be the su The legislature shall proceed, as early as pracpreme law; that this constitution is framed in ticable, to elect senators to represent ibis State harmony with and in subordination thereto; and in the Senate of the United States; and also that the fundamental principles embodied herein provide for future elections of representatives to can only be changed subject to the national au- ihe Congress of the United States; and on the thority.
second Tuesday after the first assembling of the All freemen, when they form a social compact, legislature after the ratification of this constituhave equal rights, and no man or set of men is tion the legislature shall proceed to ratify the entitled to exclusive separate public emoluments XIIIth and XIVth articles of amendment to the or privileges.
Constitution of the United States of America. No law shall be passed depriving a party of The governor may at all times require inany remedy of the enforcement of a contract formation in writing from all the officers of the which existed when the contract was made. executive department on any subject relating to
No person shall ever be imprisoned for debt. the duties of their offices, and he shall have a No citizen of this State shall be deprived of general supervision and control over them. He life, property, or privileges, outlawed, exiled, or shall have the power of removal of each of said in any manner disfranchised, except by due course officers, except the lieutenant governor, for misof the law of the land.
feasance, malfeasance, or nonfeasance; but the Perpetuities and monopolies are contrary to reasons and causes of such removal shall be comthe genius of a free government, and shall never municated in writing by him to the senate at the be allowed; nor shall the law of primogeniture first meeting of the legislature which occurs after or entailment ever be in force in tbis State. such removal, for its approval or disapproval;
The equality of all persons before the law is if disapproved by the senate, it may restore the herein recognized, and shall ever remain invio displaced incumbent by a vote of that body. late; nor shall any citizen ever be deprived of The governor has the reto power, subject to any right, privilege, or immunity, nor be ex. an overriding vote of two-thirds of each House. empted from any burdens or duty, on account of The supreme judges to be appointed by the race, color, or previous condition.
governor, with approval of the senate, to serve Importations of persons under the name of for nine years. "coolies,” or any other designation, or the Every male citizen of the United States, of adoption of any system of peonage, whereby the the age of twenty-one years and upwards, not helpless and unfortunate may be reduced to laboring under the disabilities named in this partial bondage, shall never be authorized or constitution, without distinction of race, color, tolerated by the laws of the State; and neither or former condition, who shall be a resident of slavery nor involuntary servitude, except as a this State at the time of the adoption of this punishment for crime, whereof the party shall constitution, or who shall hereafter reside in have been duly convicted, shall ever exist in the tbis State one year, and in the county in which State.
he offers to vote sixty days next preceding any Every male person who shall have attained election, shall be entitled to vote for all officers the age of twenty-one years, and who shall be that are now or hereafter may be elected by the (or who shall have declared his intention to be people, and upon all questions submitted to the come) a citizen of the United States, or who is electors at any election; provided, that no at the time of the acceptance of this constitution person shall be allowed to vote or hold office by the Congress of the United States a citizen of who is now or hereafter may be disqualified Texas, and shall have resided in the State one thereby by the Constitution of the United States,
until such disqualification shall be removed by from time to time thereafter, as may be found the Congress of the United States ; provided, necessary,) provide all needful rules and regula. further, that no person while kept in any tions for the purpose of carrying into effect the asylum, or confined in prison, or who bas been provisions of this article. It is made the imper. convicted of felony, or who is of unsound mind, ative duty of the legislature to see to it that all shall be allowed to vote or hold office.
the children in the State, within the scholastic It shall be the duty of the legislature of the age, are without delay provided with ample State to make suitable provisions for the support means of education. The legislature shall annuand maintenance of a system of public free ally appropriate for school purposes, and to be schools, for the gratuitous instruction of all the eqnally distributed among all the scholastic inhabitants of this State between the ages of population of the State, the interest accruing on six and eighteen years,
the school fund and the income derived from The legislature shall establish a uniform sys- taxation for school purposes, and shall, from tem of public free schools throughout the State. time to time, as may be necessary, invest the
The legislature at its first session (or as soon principal of the school fund in the bonds of the thereafter as may be possible) shall pass such United States Government, and in no other laws as will require the attendance on the pub- security. lic free schools of the State of all the scholastic To every head of a family, who has not a population thereof for the period of at least homestead, there shall be donated one hundred four months of each and every year; provided, and sixty acres of land out of the public dothat whenever any of the scholastic inhabitants main, upon the condition that he will select, may be shown to have received regular instruc locate, and occupy the same for three years, and tion for said period of time in each and every pay the office fees on the same. To all single year from any private teacher having a proper men twenty one years of age there shall be certificate of competency, this shall exempt donated eighty acres of land out of the public them from the operation of the laws contem- domain, upon the same terms and conditions as plated by this section.
are imposed upon the head of a family. As a basis for the establishment and endow Members of the legislature, and all officers, ment of said public free schools, all the funds, before hey enter upon the duties of their offices, lands, and other property heretofore set apart shall take the following oath or affirmation : "I and appropriated for the support and mainte. (A. B.) do solemnly swear (or affirm), that I will nance of public schools shall constitute the public faithfully and impartially discharge and perform school fund; and all sums of money that may all duties incumbent on me as according come to this State hereafter from the sale of any to the best of my skill and ability, and that I portion of the public domain of the State of will support the Constitution and laws of the Texas shall also constitute a part of the publici United States and of this State. And I do further school fund. And the legislature shall appro- swear (or affirm), that since the acceptance of priate all the proceeds resulting from sales of this constitution by the Congress of the United public lands of this State to such public school States, I, being a citizen of this State, have not fund. And the legislature shall set apart, for fought a duel with deadly weapons, or comthe benefit of public schools, one fourth of the mitted an assault upon any person with deadly annual revenue derivable from general taxation, weapons, or sentor accepted a challenge to fight and shall also cause to be levied and collected a duel with deadly weapons, or acted as second an annual poll-tax of one dollar on all male in fighting a duel, or knowingly aided or aspersons in this State between the ages of twenty- sisted any one thus offending, either within the one and sixty years for the benefit of public State or out of it; that I am not disqualified schools. And said fund and the income derived from holding office under the 14th amendment therefrom, and the taxes herein provided for to the Constitution of the United States, (or, school purposes, shall be a perpetual fund. to be as the case may be, my disability to hold office applied, as needed, exclusively for the education under the XIV amendment to the Constitution of all the scholastic inhabitants of this State of the United States has been removed by act and no law shall ever be made appropriating of Congress ;) and, further, that I am a qualified such fund for any other use or purpose whatever. elector in this State.".
The legislature shall, if necessary, in addition Laws shall be made to exclude from office, to the income derived from the public school serving on juries, and from the right of suffrage, fund and from the taxes for school purposes pro- those who shall hereafter be convicted of bribvided for in the foregoing section, provide for ery perjury, forgery, or other high crimes The the raising of such amount, by taxation, in the privilege of free suffrage shall be supported by several school districts in the State, as will be laws regulating elections, and prohibiting under necessary to provide the necessary school-houses adequate penalties all undue influence thereon in each district and insure the education of all from power, bribery, tumult, or other improper the scholastic inhabitants of the several dis- practice. tricts.
The legislature shall provide by law for the The public lands heretofore given to counties compensation of all officers, servants, agents, shall be under the control of the legislature, and and public contractors, not provided for by this may be sold under such regulations as the legis- constitution, and shall not grant extra compen. lature may prescribe, and in such case the pro- sation to any officer, nt, servant, or public ceeds of the same shall be added to the public contractor, after such public service shall have school fund.
been performed, or contract entered into for the The legislature shall, at its first session, (and performance of the same; nor grant, by appro