November 16-Harry T. Hays removed as Sheriff of New Orleans, and George W. Avery appointed. November 12-R. King Cutler appointed judge, in place of A. Cazabat, resigned. November 21-Albert Voorhies removed as Lieutenant Governor, and several other State officers; and, November 22, this order was suspended. November 29-General Winfield S. Hancock assumed command. He issued this order: II. The general commanding is gratified to learn that peace and quiet reign in this department. It will be his purpose to preserve this condition of things. As a means to this great end, he regards the maintenance of the civil authorities in the faithful execution of the laws as the most efficient, under existing circum stances. district to protect all persons in these rights, to suppress disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals. The commanding general has been officially informed that the administration of justice, and especially of criminal justice, in the courts is clogged, if not entirely frustrated, by the euforcement of paragraph No. 2 of the military order numbered: Special Orders 125, current series, from these headquarters, issued on the 24th of August, A. D. 1867, relative to the qualifications of persons to be placed on the jury lists of the State of Louisiana. To determine who shall and who shall not be jurors appertains to the legislative power; and until the laws in existence regulating this subject shall be amended or changed by that department of the civil government, which the conIn war it is indispensable to repel force by stitutions of all the States under our republican force, and overthrow and destroy opposition to system vest with that power, it is deemed best lawful anthority. But when insurrectionary to carry out the will of the people as expressed force has been overthrown and peace established, in the last legislative act upon this subject. and the civil authorities are ready and willing The qualification of a juror under the law is to perform their duties, the military power a proper subject for the decision of the courts. should cease to lead, and the civil administra- The commanding general, in the discharge of the tion resume its natural and rightful dominion. trust reposed in him, will maintain the just Solemnly impressed with these views, the gen-power of the judiciary, and is unwilling to pereral announces that the great principles of American liberty still are the lawful inheritance of this people and ever should be. The right of trial by jury, the habeas corpus, the liberty of the press, the freedom of speech, and the natural rights of persons, and the rights of property, must be preserved. mit the civil authorities and laws to be embarrassed by military interference; and as it is an established fact that the administration of justice in the ordinary tribunals is greatly embarrassed by the operations of Paragraph No. 2, Special Orders No. 125, current series, from these headquarters, it is ordered that said paragraph, which Free institutions, while they are essential to relates to the qualifications of jurors to be placed. the prosperity and happiness of the people, on the jury-lists of the State of Louisiana, be, always furnish the strongest inducements to and the same is hereby. revoked, and that the peace and order. Crimes and offenses committed trial by jury be henceforth regulated and conin this district must be referred to the consider- trolled by the Constitution and civil laws, withation and judgment of the regular civil tribu-out regard to any military orders heretofore isnals, and those tribunals will be supported in their lawful jurisdiction. Should there be violations of existing laws, which are not inquired into by the civil magistrates. or should failures in the administration of justice by the courts be complained of, the cases will be reported to these headquarters, when such orders will be made as may be deemed necessary. While the general thus indicates his purpose to respect the liberties of the people, he wishes all to understand that armed insurrections or forcible resistance to the law will be instantly suppressed by arms. By command of Major General W. S. Hancock. But. Lieut. Col., Acting Assist. Adj't Gen. December 2-R. King Cutler's appointment as judge revoked; and, December 3, A. Cazabat appointed. December 5-This order was issued by General Hancock: The true and proper use of military power, besides defending the national honor against foreign nations, is to uphold the laws and civil government, and to secure to every person residing among us the enjoyment of life, liberty, and property. It is accordingly made, by act of Congress, the duty of the commander of this sued from these headquarters. December 18-Election ordered in Texas on a convention, and for delegates, February 10, 11, 12, 13, and 14, 1868. 1868, January 1-General Hancock issued this order: Applications have been made at these headquarters implying the existence of an arbitrary authority in the commanding general touching purely civil controversies. One petitioner sclicits this action, another that, and each refers to some special consideration of grace or favor, which he supposes to exist and which should influence this department. The number of such applications, and the waste of time they involve, make it necessary to declare that the administration of civil justice appertains to the regular courts. The rights of litigants do not depend on the views of the general. They are to be adjudged and settled according to the laws. Arbitrary power, such as he has been urged to assume, has no existence here. It is not found in the laws of Louisiana or Texas. It cannot be derived from any act or acts of Congress. It is restrained by a constitution, and prohibited from action in many particulars. The major general commanding takes occasion to repeat that, while disclaiming judicial functions in civil cases, he can suffer no forcible re sistance to the execution of processes of the courts. By command of Major General Hancock. G. L. HARTSUFF, A. A. G. January 2-Mr. Joshua Baker appointed Governor in place of Hon. B. F. Flanders, resigned. January 8-Mr. Baker took the oath of office as Governor of Louisiana. tion of the State provides that the terms of office of all civil officers elected under it shall date from the first Monday in November following the election. Therefore, the officers whose election is herein announced will only enter upon and hold their offices from that date. A vacancy occurring in any office in the meantime will be filled preferably by the person who has been elected to it. If any of the officers whose election is hereir announced shall be disqualified on the first Monday in November, 1868, to hold office, the incumbent at that date will hold over until the disability shall have been removed or a new election held. In May, 1867, General Sheridan distributed memoranda of disqualifications, and questions to be proposed for the registers. Their substance was to declare disqualified all who had acted as United States Senators or Representatives, electors, officers of the army and navy, civil officers of the United States, and all State officers provided for by the constitution of the June 6-The municipal officers chosen were State prior to January 26, 1861, who had after- announced and ordered to be installed in New wards engaged in the rebellion, and all who, in Orleans on the 10th inst., and in other places on 1862 and 1864, claimed protection of foreign the seventh day after the receipt of the order. Powers. If any person applying to be regisJune 6-The chairman of the board of registered, having held such office, declared that he tration, S. B. Packard, issued a proclamation had been engaged in the rebellion, or if the reg-reciting the provisons of the constitution requiristers knew them to have been so, they must not be registered. On the 11th of January, 1868, General Hancock set aside these memoranda, declaring that he dissented from the construction given to the reconstruction laws therein, inasmuch as it applied to the officers of municipal and charitable corporations, which were not included in the act of March 23, 1867, and whose exclusion is directly contrary to that of July 19. Orders the registers to be guided by their own interpretation of the laws and the XIVth Constitutional Amendment. February 7-For proceeding to hold an election, in contempt of orders from headquarters, certain members of the board of aldermen of New Orleans were removed and others appointed in their place. February 27-The preceding order was revoked by direction of General Grant. March 11-Election ordered in Louisiana on April 17 and 18, on the constitution adopted by the Convention. March 13-It was decided that a pardon did not entitle a person to be registered, if he would have been disqualified without the pardon. March 25-Election ordered for State officers and Representatives in Congress at the same time with the vote on the constitution. May 13-The result of the election declared, 17,413 majority for the constitution. ing all civil officers to enter on their duties on the second Monday after the official promulgation of the election returns, and requiring the General Assembly to meet on the third Monday after such promulgation; declaring that the commanding general had violated such provision, and that to the board of registration had been delegated by the Convention the power to inaugurate the new State government; notifies all officers to take possession of their offices, and the General Assembly to meet, on the days above named. The same day Mr. Packard was arrested, but released on recognizance to appear before a military commission to be immediately organized. June 8-General Grant telegraphed to General Buchanan as follows: In view of the legislation now pending relative to the admission of Louisiana, I would suggest suspension of all action in case of Packard's arrest and trial. U. S. GRANT, General. Same day-General Buchanan accordingly announced a suspension of arrest and further action respecting Packard and the other members of the board of registration. June 16-The Constitutional Convention of Texas passed a resolution urging upon Congress the necessity of authorizing the organization by that body of a military force in the several counties of Texas, to act in conjunction with, and under the direction of, the military comJune 2-The names of the members of the mander therein, for the protection of the lives General Assembly, State officers, parish officers, and property of the citizens now every day and judicial officers were announced. The Gen- being preyed upon by assassins and robbers to eral Assembly was forbidden to convene till the an extent unparalleled in the history of civilcommanding general was officially notified of ized communities in times of peace, and which, the acceptance by Congress of the constitution, if not speedily arrested, must result in the deafter which he would appoint a day for their struction of social order; and that if protection meeting to act on the XIVth constitutional be not speedily provided in some form by the amendment. The civil government hereby national Government to the loyal and law-abidprovided for is provisional in its character until ing citizens of Texas, they will be compelled, in after the adoption of the XIVth constitutional the sacred right of self-defence, to organize for amendment. Article 158 of the new constitu- I their own protection E ABSTRACTS OF THE NEW CONSTITUTIONS OF MARYLAND AND NEW YORK, ALABAMA, ARKANSAS, FLORIDA, LOUISIANA, GEORGIA, NORTH CAROLINA, SOUTH CAROLINA, VIRGINIA AND MISSISSIPPI. Constitution of Maryland adopted in 1867. In the declaration of rights are the following: That the people of this State have the sole and xclusive right of regulating the internal government and police thereof, as a free, sovereign, and independent State. That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the government. That slavery shall not be re-established in this State; but having been abolished under the policy and authority of the United States, compensation in consideration thereof is due from the United States. That no religious test ought ever to be required, as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by the constitution. All elections by ballot; voters are white male citizens of the United States, twenty-one years of age and upwards, who have resided in the State one year and six months in the district in which he offers to vote. Sec. 5 provides a uniform registration of voters. Sec. 6 fixes the oath of office to support the Constitution of United States, and bear true allegiance to the State of Maryland, and support its constitution and laws, &c. Art. 2, sec. 17 gives governor the veto power; a three-fifths vote of the members elected to each house necessary to pass a bill over the veto. Art. 3, sec. 3, gives each county a senator, and Baltimore city 3, one for each district. Allegany county, till the next census, to have five delegates in the house of delegates; Anne Arundel, 3; Baltimore county, 6; Baltimore city 18, elected in three districts; Calvert, 2; Caroline, 2; Carroll, 4; Cecil, 4; Charles, 2; Dorchester, 3; Frederick, 6; Harford, 4; Howard, 2; Kent, 2; Montgomery, 3; Prince George's, 3; Queen Anne's, 2; St. Mary's, 2; Somerset, 3; Talbot, 2; Washington, 5; Worcester, 3. Sect. 4 provides that after the next census each county with a population of 18,000 souls, or less, shall have two delegates; of 18,000 and less than 28,000, 3; of 28,000 and less than 40,000, 4; of 40,000 and less than 55,000, 5; of 55,000 and upwards, 6, and each of the legislative districts of Baltimore shall have a number of delegates equal to the largest county. The term of senators is fixed at four years and delegates two. Three years' citizenship in Maryland necessary to make a person eligible as senator or delegate. Art. 4, sec. 28, requires a majority of the whole number of members elected to each house to pass a bill, and by yeas and nays. Sec. 37 is in these words: The generai assembly shall pass no law providing for payment by this State for slaves emancipated from servitude in this State; but they shall adopt such measures as they may deem expedient to obtain from to receive and distribute the same equitably to the the United States compensation for such slaves, and persons entitled. Sec. 41 disqualifies from office of profit or trust any person fighting a duel or participating as second, or knowingly aiding or assisting those offending. Sec. 43 protects the property of the wife from the debts of her husband. Sec. 44 protects $500 worth of property from execution. Sec. 46 is in these words: The general assembly shall have power to receive from the United States any grant or donation of land, money, or securities for any purposo designated by the United States, and shall administer or distribute the same according to the conditions of the said grant. Sec. 53 provides that no person shall be incompetent, as a witness, on account of race or color, unless hereafter so declared by act of general assembly. Sec. 55 prohibits the general assembly from passing any law suspending the privilege of the writ of habeas corpus. Constitution of the State of New York. Adopted in convention, but not yet submitted for ratification. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. Every male inhabitant, of the age of twentyone years, who shall have been a citizen for ten days and a resident of the State for one year next preceding an election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election in the election district of which he shall be at the time a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people of the State; provided that such citizen shall have been for thirty days next preceding the election a resident of the town or ward, and, for ten days, of the election district in which he offers his vote. Registration of voters authorized. Thirtytwo senators, and one hundred and thirty-nine assemblymen. No bill shall pass except upon the assent of a majority of the members elected to each house. Governor has veto, with twothirds vote of members elected necessary to repass the vetoed bill. Legislature shall not authorize the consolidation of railroad corporations owning parallel or competing lines of road. No law shall be passed authorizing or sanctioning the suspension of specie payments. All ablebodied male citizens, between eighteen and fortyfive, shall be annually enrolled, as a militia force, to be divided into active and reserve 10rces -the active to be called the National Guard of the State of New York, and not to exceed, in peace, thirty thousand men. Constitution of Alabama. Adopted in convention, November 5, 1867, voted on by the people, February 4, 1868. The declaration of rights provides that all persons resident in the State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are citizens of the State, posBessing equal civil and political rights and public privileges. Freedom of speech and press is guaranteed, with responsibility for its abuse; also the right to bear arms in defence of himself and the State. Prohibits any form of slavery or involuntary servitude except as pun ishment for crime. Asserts that the State has no right to sever its relations to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the Government of the United States. The president of the senate and speaker of the house shall hold their offices until their successors shall be qualified. The legislature has power to suppress duelling. The State shall not engage in any internal improvements. The governor has the veto power, but a majority of the whole number of members of each house may pass a bill over the veto. The governor shall have a pardoning power in all cases except treason, but his pardon shall not relieve from civil or political disability. Art. 7, sec. 2-Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upwards, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector; provided that no soldier, or sailor, or marine, in the military or naval service of the United States, shall hereafter acquire a residence by reason of being stationed on duty in this State. Sec. 3. It shall be the duty of the general as sembly to provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote, or hold office: 1st. Those who, during the late rebellion, inflicted, or caused to be in flicted, any cruel or unusual punishment upon any soldier, sailor, marine, employé, or citizen of the United States, or who, in any other way, violated the rules of civilized warfare. 2d. Those who may be disqualified from holding office by the proposed amendment of the Constitution of the United States, known as "Article XIV." and those who have been disqualified from registering to vote for delegates to the Convention to frame a constitution for the State of Alabama, under the act of Congress "to provide for the more efficient government of the rebel States," passed by Congress March 2, 1867, and the acts supplementary thereto, except such persons as aided in the reconstruction proposed by Congress, and accept the political equality of all men before the law; provided, that the general assembly shall have power to remove the disabilities incurred under this clause. 3d. Criminals. 4th. Idiots and insane persons. All persons, before registering, must take and subscribe the following oath : I,, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in sec. 3, article 7, of the constitu tion of the State of Alabama; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men; and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by any other class of men; and, furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons on account of past or present support of the Government of the United of political and civil equality of all men, or for affiliaStates, the laws of the United States, or the principle tion with any political party. The militia shall consist of all able-bodied male inhabitants between eighteen and fortyfive, to be divided into two classes, volunteer and reserve. The common schools and other educational institutions shall be under the management of a board of education. Certain funds are inviolably appropriated to educational purposes. One fifth of the annual revenues of the State shall be devoted exclusively to the maintenance of public schools, the whole tax on real and personal property not, however, to exceed two per cent. of the assessed value. Corpora tions to be formed under general laws. Personal property to the value of $1,000 to be exempted from sale on execution for debt hereafter contracted; also every homestead in the country, not exceeding eighty acres of land, and the dwelling and appurtenances thereon; or, in lieu thereof, a lot in a city, town, or village, with the appurtenances thereon, and occupied by the owner, not exceeding $2,000 in value, such exemption not to extend to any mortgage lawfully obtained. Constitution of Arkansas. Adopted by convention February 11, 1868, and ratified by the people March 13, 1868. It provides, among other things, that the paramount allegiance of every citizen is due to the Federal Government, in the exercise of all its constitutional powers, as the same may have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the United States. equality of all persons before the law is recog nized and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor exempted from any burden or duty, on account of race, color, or previous condition. The The general assembly shall not grant to any citizen or class of citizens privileges or immunities which, upon the same terms, shall not equally belong to all citizens. No religious or property test shall be required for voting or holding office. Set 25 declares null and void the ordinance All persons before registering or voting must take and subscribe the following oath : of secession, and all action of the State under its | provided, the general assembly shall have no constitution of 1861, and the State debt then power to remove the disabilities of any person incurred shall not be recognized as obligatory. embraced in the aforesaid subdivisions who, afNo citizen of this State shall be disfranchised, ter the adoption of this constitution by the conor deprived of any of the rights or privileges vention, persists in opposing the acts of Congress secured to any citizen thereof, unless the same and reconstruction thereunder. is done by the law of the land, or the judgment of his peers, except as hereinafter provided. There shall be neither slavery nor involuntary I,, do solemnly swear (or affirm) that I will servitude, either by indentures, apprenticeships, support and maintain the Constitution and laws of the United States, and the constitution and laws of the or otherwise, except as a punishment for crime. State of Arkansas; that I am not excluded from regis The general assembly shall have no power to tering or voting by any of the clauses in the first, sec make compensation for emancipated slaves. ond, third, or fourth subdivisions of Article VIII of Taxes limited to two per cent. of assessed value. never countenance or aid in the secession of this Every male person born in the United States, State from the United States; that I accept the civil and every male person who has been naturalized, and political equality of all men, and agree not to ator has legally declared his intention to become tempt to deprive any person or persons, on account of race, color, or previous condition, of any political or a citizen of the United States, who is twenty-one civil right, privilege, or immunity enjoyed by any other years old or upwards, and who shall have resided class of men; and, furthermore, that I will not in any way injure, or countenance in others any attempt to in the State six months next preceding the elec-injure, any person or persons on account of past or tion, and who at the time is an actual resident present support of the Government of the United of the county in which he offers to vote, except of the political and civil equality of all men, or for States, the laws of the United States, or the principle as hereinafter provided, shall be deemed an affiliation with any political party. elector. ART. 8. SEC. 3. The following classes shall not be permitted to register or hold office, viz: First. Those who during the rebellion took the oath of allegiance, or gave bonds for loyalty and good behaviour to the United States Government, and afterwards gave aid, comfort, or countenance to those engaged in armed hostility to the Government of the United States, either by becoming a soldier in the rebel army, or by entering the lines of said army, or adhering in any way to the cause of rebellion, or by accompanying any armed force belonging to the rebel army, or by furnishing supplies of any kind to the same. Second. Those who are disqualified as electors, or from holding office in the State or States from which they came. Third. Those persons who during the late rebellion violated the rules of civilized warfare. Fourth. Those who may be disqualified by the proposed amendment to the Constitution of the United States, known as Article XIV, and those who have been disqualified from registering to vote for delegates to the convention to frame a constitution for the State of Arkansas, under the act of Congress entitled "An act to provide for the more efficient government of the rebel States," passed March 2d, 1867, and the acts supplemental thereto. Fifth. Criminals. Provided, that all persons included in the 1st, 2d, 3d and 4th subdivisions of this section, who have openly advocated or who have voted for the reconstruction proposed by Congress, and accept the equality of all men before the law, shall be deemed qualified electors under this constitution SEC. 4. The general assembly shall have power, by a two thirds vote of each house, approved by the governor, to remove the disabilities included in the 1st, 2d, 3d and 4th subdivisions of section three, of this article, when it appears that such person, applying for relief from such disabilities, has in good faith returned to his allegiance to the Government of the United States; the constitution of the State of Arkansas; that I will All contracts for the sale or purchase of slaves are null and void, and no court of this State shall take cognizance of any suit founded on such contracts; nor shall any amount ever be collected or recovered on any judgment or decree which shall have been, or which hereafter may be, rendered on account of any such contract or obligation on any pretext, legal or otherwise. A system of free schools shall be established, for the gratuitous instruction of all persons between 5 and 21 years, the funds to be distributed to the counties in the proportion of persons between those ages. Certain funds are set apart to be sacredly preserved as a public school fund; also, a per capita tax of $1 on every male inhabitant over twenty-one, to be collected for the support of free schools and a university, the residue required to be furnished from the State treasury. The general assembly shall require by law that every child of sufficient mental and physical ability shall attend the public schools for a term equivalent to three years, between the ages of 5 and 18 years, unless educated by other means. Public schools to be open not less than three months in a year. No poll tax to be levied except for school purposes. All able-bodied electors liable to military duty. Personal property to the value of $2,000 to be exempt from sale for debt hereafter contracted. Homestead of a married man or head of a family not to be encumbered except for taxes, laborers' and mechanics' liens, and securities for the purchase-money thereof; a country homestead of 160 acres and a town property of $5,000 to be exempt, with similar exceptions as above. Only qualified electors shall be jurors. Indentures not to be valid, being for more than one year, except in the case of apprenticeships. Persons disqualified herein shall not vote for candidates, nor upon the ratification of the constitution. The judges of election shall administer to every voter the oath prescribed in the constitution. Constitution of Florida. Adopted by Convention February 25, 1868, and ratified by the people May 6, 1868. |