1866]

UPON THAT BASIS.

735

Suffrage was granted to every male citizen twenty-one years of age. All officers of the State were required to take the following oath:

66 "I,do solemnly swear that I will support and maintain the Constitution and laws of the United States and the Constitution and laws of the State of Virginia; and that I recognize and accept the civil and political equality of all men before the law," etc.

In addition, all State, city, and county officers were required to take the test-oath prescribed by Congress on July 2, 1862, as follows:

"I do solemnly swear that I have never borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have never sought or accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or Constitution within the United States, hostile or inimical thereto; and I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter."

Major-General Schofield, in an address to the Convention in opposition to these stringent provisions, said:

"You can not find in some of the counties a sufficient number of men who are capable of filling the offices, and who can take the oath you have prescribed here, I have no hesitation in saying that I believe it impossible to inaugurate a government upon that basis."

Meantime the so-called Constitution was adopted by the Convention, and June 2d fixed for the popular vote upon it.

But no appropriation was made for the expenses of the election, and it was not held. Major-General Stoneman now succeeded Major-General Schofield.

The utter subjugation of the sovereign people of Virginia was now manifest. Not a public act of the least importance could they do without the consent of the military chief who ruled over them, and who was a stranger in their State. Finding the provisions of this Constitution were so restrictive as to exclude from the elective franchise nearly all of the most intelligent and best-educated citizens, on account of their participation in the late war, a movement was commenced for a modification of these clauses or their entire omission. The sovereignty of the people was extinct, so no relief could be secured except through the action of the sovereign sitting in Washington. Congress, therefore, passed an act authorizing the President (Grant), at such time as he might deem best, to submit the Constitution to the registered voters of Virginia, and also submit to a separate vote such provisions of the Constitution as he thought proper. The act also required the Legislature that should be elected to ratify the fourteenth and fifteenth amendments to the Constitution of the United States, as a condition precedent "to the readmission of the State into the Union."

The fifteenth article of amendment to the Constitution was passed by Congress in February, 1869, and submitted to the Legislatures of the States. It was as follows:

"SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

"SECTION 2. The Congress shall have power to enforce this article by appropriate legislation."

On the passage of the amendment by the United States Senate, Senator Garrett Davis, of Kentucky, said:

"Sir, your amendments to the Constitution are all void; they are of no effect. They were proposed by a mutilated Congress; they were proposed by a mutilated House of Representatives and Senate."

1869]

IN THE HANDS OF CARPET-BAGGERS.

737

The election in Virginia took place on July 6, 1869. The vote on the Constitution was, for it, 206,233; against it, 9,189. For the disfranchising clause, 84,404; against it, 124,361. In favor of the test-oath clause, the votes were, 83,114; against it, 124,106. State officers and a Legislature were chosen.

Meantime the civil or provisional Governor had been removed by the military commander, Major-General Stoneman, and the commander of the first district put in the vacancy. At the same time the President-Judge of the Supreme Court of Appeals was a staff-officer of the General commanding, and assigned to that duty; and another one of the judges of that court was an officer of the Federal army, receiving his appointment from the same source.

On October 5th the Legislature assembled, the State officerselect having already entered upon their duties. The fourteenth and fifteenth amendments to the United States Constitution were adopted, and Senators elected to Congress. On January 26, 1870, a bill for the admission of the State into the Union, "without further condition," was passed. Her subjugation was now completed. The military commanders were withdrawn, and she was left in the hands of "carpet-baggers."

CHAPTER LVII.

Final Subjugation of the Confederate States continued.-Slaves declared free by Military Commanders in North Carolina.-Provisional Governor.-Convention.Military Commander.-Governor-elect turned out.-His Protest.-Members of Congress admitted.-Proceedings in South Carolina.—Arrest of Judge Aldrich. -Military Reversal of Sentence of the Court.-Post Commanders.-Jurors.Proceedings in Georgia.-President's Plan.-Plan of Congress enforced.-Other Events. Proceedings in Florida.-Rival Conventions.-Plan of Congress enforced.-Proceedings in Alabama.-Suspension of Bishop Wilmer by the Mili tary Commander.-Military Authority.-Action of Congress.-Proceedings in Mississippi. Constitutionality of the Act of Congress before the Supreme Court. —Remarks of Chief-Justice Chase.-Military Arrests.-Removals.-The ChiefJustice of the State resigns.-The So-called Constitution rejected.—Ames appointed Governor.-Proceedings in Louisiana.-Plan of Congress enforced.— Other Measures.-Arkansas.-Texas.-Opinion of the United States AttorneyGeneral on Military Commanders.-Consequences that followed the Measures

of Congress.-Increase in State Debts.—Increase in Frauds and Crimes.--Examples. Investigating Committees of Congress.-The Unalienable Rights of Man. The Sovereignty of the People and the Supremacy of Law gone.

In the preceding chapter the reader will find a narration of the series of measures, adopted by the Government of the United States, to complete the final subjugation of the State of Virginia. The same series was applied, in the same order, to each of the Confederate States. It is, therefore, unnecessary to repeat the narration of these details in their application to the other States. But there were some concurrent incidents and some flagrant outrages in each one which should be stated, in order to afford a full and comprehensive view of the universal denial of unalienable personal rights, the destruction of civil institutions, the disregard of laws, and the cruel and ignominious treatment, inflicted by the authority of the Government of the United States upon individuals in every part of the Southern country.

In North Carolina, immediately on the cessation of hostilities, the Federal General issued an order, declaring that "all persons heretofore held in the State as slaves are now free, and that it is the duty of the army to maintain the freedom of such persons." Another order was then issued, defining and regulating the relations of the freedmen and whites. President Johnson issued his proclamation on May 29th, appointing a provisional Governor, W. W. Holden, as in the case of Virginia. On August 8th the Governor issued his proclamation for an election of delegates to a State Constitutional Convention. on September 12th, and stated who would be permitted to vote, and the manner of election. The election was held, and the socalled Convention assembled on October 2, 1865. Its first act declared the uninterrupted existence of the State in the Union, and that the ordinance of secession was null and void. The next prohibited slavery. The payment of the debt contracted during the war, by any future Legislature, was forbidden. The repeal of the secession ordinance and the prohibition of slavery were ratified by the people. An election for State officers and members of Congress was held in November, and those who had taken the amnesty oath were the voters. The so-called Legis

1867]

MADE A SPIRITED PROTEST.

739

lature-elect held a session and ratified the amendment to the United States Constitution prohibiting slavery. On December 23d the Governor-elect (Worth) was inaugurated, and the provisional Governor retired, acknowledging Worth to be the legal and "loyal" Governor. Thus the State was subjugated on the plan of President Johnson.

The affairs of the State were thus conducted until the military acts of Congress went into operation, and on March 23, 1867, Major-General Sickles issued his order assuming command. On April 11th he issued an order for the relief of debtors, by prohibiting imprisonment for debt, and ordering the stay of all proceedings for the collection of debts for twelve months. Writs of execution issuing out of the United States. Circuit Court were not allowed to be served by the military commander at Wilmington. The question was taken to the Attorney-General at Washington, and General Sickles appeared in his own defense. It was decided by the acting AttorneyGeneral to be "simply a case of a high misdemeanor, legally contemplated." General Sickles was removed, and Major-General Canby succeeded. The State registration was completed in October, and contained the names of 103,060 whites and 71,657 blacks. The so-called election for a Convention was held in November, and the Convention assembled on February 14, 1868. The Bill of Rights adopted contained similar clauses to the one adopted by the Virginia Convention. The Constitution was ratified, and State officers, members of the Legislature, and representatives to Congress were elected on April 23d. The vote for the Constitution was 93,118; against it, 74,109. The so-called Republicans had a majority of seventy on joint ballot in the Legislature.

The State officers elected under the plan of President Johnson had continued in the peaceful administration of their duties. Therefore, on the day of the inauguration of the newly-elected Governor (Holden) the existing Governor (Worth) made a spirited protest, saying:

"I do not recognize the validity of the late election, under which you and those coöperating with you claim to be invested with the civil government of the State. You have no evidence of