1867]

A WARNING WAS GIVEN.

733

the immense territory occupied by these American citizens, the Constitution of the United States is theoretically in full operation. It binds all the people there, and should protect them; yet they are denied every one of its sacred guarantees. Of what avail will it be to any one of these Southern people, when seized by a file of soldiers, to ask for the cause of arrest, or for the production of the warrant? Of what avail to ask for the privilege of bail when in military custody, which knows no such thing as bail? Of what avail to demand a trial by jury, process for witnesses, a copy of the indictment, the privilege of counsel, or that greater privilege, the writ of habeas corpus?

Congress having thus completed its plan of operations, the crushing wheels of subjugation began to move forward. Let us proceed with the narration of affairs in Virginia.

On the appearance of Major-General Schofield at Richmond, all the proceedings of the so-called civil government, for the organization and restoration of the State to the Union, at once ceased, and he assumed command. A board of army officers was named by the commanding General for the purpose of selecting suitable persons for appointment as registering officers throughout the State. In making the selections, the preference was given, first, to officers of the army and of the Freedmen's Bureau, on duty in the State; second, to persons who had been discharged from the Federal army, after "meritorious" services during the war; third, to "loyal" citizens of the county or city where they were to serve. On April 2d an order appeared from the major-general, suspending all elections, whether State, county, or municipal, "under the provisional government," until after the registration was completed. A lecture on the "Chivalry of the South," advertised to be delivered in Lynchburg, was suppressed by the order of the post commander at that place. A warning was given by the major-general to the editor of the Richmond "Times," which said, "The efforts of your paper to foster enmity, create disorder, and lead to violence, can no longer be tolerated." On the refusal of five magistrates of the Corporation Council of Norfolk to receive the testimony of a negro, they were arrested on a process issued under the Civil Rights Bill, and held to bail to appear before

the District Court. All armed organizations in the State were disbanded. Inflammatory meetings of freedmen and those who sought their political alliance were held in different parts of the State.

Military commissioners were appointed over sub-districts for the suppression of disorder and violence, for the protection of all persons in their so-called rights of person and property, and clothed with all the powers of justices of a county or police magistrates of a city. The State was also divided into sub-districts, and commanders appointed over the same. These officers were empowered to exercise a general supervision over the military commissioners, and to furnish them, when necessary, with sufficient military force to enable them to discharge their duties. Further orders relative to the qualification of voters were issued by the major-general, in which it was declared that "all persons who voluntarily joined the rebel army, and all persons in that army, whether volunteers or conscripts, who committed voluntarily any hostile act, were thereby engaged in insurrection or rebellion; and all who voted for the ordinance of secession, gave aid and comfort to the enemy. Also all who voluntarily furnished supplies of food, or clothing, arms, ammunition, horses, or mules, or any other material of war, participated in the rebellion," and were disfranchised. The whole number registered was 116,982 whites and 104,772 blacks. The vote for the Convention was 14,835 whites and 92,507 blacks; against the Convention, 61,249 whites and 638 blacks.

The Convention assembled on December 3d and adjourned on April 17, 1868. The Bill of Rights adopted declared that

"The State shall ever remain a member of the United States of America, and the people thereof a part of the American nation, and all attempts, from whatever source, and upon whatever pretext, to dissolve said Union, or to sever said Union, are unauthorized, and ought to be resisted with the whole power of the State.

"The Constitution of the United States, and the laws of Congress passed in pursuance thereof, constitute the supreme law of the land, to which paramount allegiance and obedience are due from every citizen, anything in the Constitution, ordinances, or laws of any State to the contrary notwithstanding."

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:

"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