An obstacle to the legitimate action of this first session of the legisla ture presented itself in the fact that the governor-clect under the constitution had not been sworn in. The approval of acts by the provisional governor would not be valid, as he was not an executive known to the constitution. The matter was referred to a committee which reported in favor of proceeding with legislation, with the understanding that the enactments were to await the signature of the constitutional governor when he should be sworn in. But the legislature, regarding this course as improper, took a recess from the 10th to the 27th of November. In the meantime the obstruction was removed by the recognition of the governor-clect on the part of the President, and on the 27th of November he was sworn in. President Johnson and Secretary Seward sent repeated dispatches to Governor Perry, urging the importance of the ratification of the Thirteenth Amendment of the United States Constitution. The governor replied that the objection on the part of members of the legislature was, that the second clause might be construed into an authorization of congressional legislation with regard to the subject. Mr. Seward answered that the objection was "querulous and unreasonable," and that the clause in question was "really restraining in its effects, instead of enlarging the powers of Congress." This persuasive style of argument, from the head of the Cabinct, had its intended effect of inducing favorable action on the amendment.

The President called the attention of Governor Perry to the necessity of repudiating the debt contracted by the state in aid of the rebellion. To this that officer replied that the convention had adjourned, and that the legislature had no authority to repudiate it; that the debt thus contracted was inconsiderable in amount; that it was for the most part due to widows and orphans whose estates had been invested in it for safety; and that it was so blended with the legitimate debt as scarcely to be distinguishable. Mr. Seward, in reply to the governor, said that while the objections which he had urged were serious, nevertheless the President awaited with interest the action of the legislature upon the subject. The tone of the dispatches from the President and the Secretary of State to the provisional governor on this subject was less imperative than that employed in regard to other states. The legislature on October 19th passed an act preliminary to the legislation that would become necessary in consequence of the emancipation of the slaves. A commission was appointed to revise the laws in regard to negroes, and to adapt them to the new order of things. The commission, consisting of two lawyers, made their report to the legislature; but that body failed to act upon it, and it fell to the ground, with the whole fabric of Mr. Johnson's policy. The preliminary act referred to declared that all classes of negroes save those having seven-eighths or more of Caucasian blood, should be deemed persons of color; that the statutes and regulations concerning slaves were then inapplicable to persons of color; and that, although such persons were

REORGANIZATION IN SOUTH CAROLINA.

415

not entitled to social and political equality with white persons, they should have the right to acquire, own, and dispose of property, to make contracts, to enjoy the fruits of their labor, to sue and be sued, and to receive protection under the law in their persons and property. It extended to persons of color, subject to certain modifications, all civil rights and remedies respecting persons and property, and all duties and liabilities under laws, civil and criminal, which applied to white persons.

An act to amend the criminal law was passed on December 19th. It provided that the crimes specified in the first section should be felonies, punishable with death. The law was made particularly applicable to persons of color with respect to some of these crimes. These were willful homicide by a person of color unless in self-defense; any assault by a person of color upon a white woman, with manifest intent to ravish her, and sexual intercourse by a person of color with a white woman by personating her husband. There were other offenses defined in this category, but they seem to have been general in their application. Among them, to steal a horse or mule, or bale of cotton, was set down as a capital felony. Among the offenses also enumerated for persons of color, was the selling by such person of any product of the soil without written authority from the master who employed him. This act declared also that persons of color constituted no part of the militia of the state, and made it a misdemeanor for a colored person to have in possession any fire-arms without a permit from a judge or magistrate. It prohibited a colored person owning, in whole or in part, a distillery, or to be engaged in distilling spirituous liquors. The penalty was by fine, corporal punishment, or hard labor. It was also provided that no person of color should migrate into, or reside in the state, unless within twenty days after his arrival he should enter into bond, with two freeholders as securities, to be approved by a judge or magistrate, in a penalty of one thousand dollars, for his good behavior, and for his support if he should become unable to support himself. Any person might arrest a person of color for a misdemeanor committed in his presence, or for a misdemeanor committed against a white person. Any person might make the complaint to a magistrate, whose duty it became to have the offender arrested. Special courts were to be established, with exclusive jurisdiction, subject to appeal, in cases in which one or both the parties were persons of color; and persons of color were allowed to be witnesses in all such cases.

The intelligent reader need not be reminded how inopportune, as well as unjust, were these enactments for the government of the freedmen. The hatred of slavery had then risen to fever heat in all the Northern states, and there was a rapidly growing sentiment - which this sort of legislation fructified-in favor of giving unqualified and universal suffrage to the emancipated blacks. It was little short of madness, therefore, for Southern men to think of substituting a system of serfdom, in place of slavery. The immediate

effect of this new colored code was to call from the commander of the district, Maj.-Gen. Daniel E. Sickles, a general order which completely nullified, or quashed, the whole fabric of the legislative labor.

This general order consisted of twenty-three sections. It declared, among other things, that all laws should be applicable alike to all inhabitants; that no person should be held incompetent to sue, make complaint, or testify, because of color or caste. The order declared that the employment of husbandry, or the useful arts, and all lawful trades or callings, might be followed by all persons, irrespective of color or caste; and that no freedman should be obliged to pay any tax or any fee for a license, or be amenable to any municipal or parish ordinance, not imposed upon all other persons. The general order then proceeded seriatim to annul the enactments of the legislature which discriminated against colored persons. The restraints imposed upon colored men who desired to pursue mechanical and other occupations, which were not menial nor agricultural, and the prohibition to travel from place to place were abolished. Any attempt to enforce these obnoxious legislative acts was made a misdemeanor, punishable by fine and imprisonment. And so with all other legislative discriminations against colored people. No penalties or punishments were to be inflicted on freedmen different from those to which white men were liable; and corporal punishment was prohibited, except in the case of minors, and then only by parents, guardians, or persons to whom the minors were lawfully bound. Injuries to the person or property of a freedman were to be punished in the manner provided by the laws of South Carolina for like injuries to white persons and their property.

It must be admitted that this order of Major-General Sickles was conceived in a spirit of wisdom and justice; and that in this regard it contrasts favorably with the legislative enactments of South Carolina which it annulled and superseded. This is not the first instance in history in which the will of one man invested with despotic authority has vindicated the rights of the masses against the tyranny of an oligarchy. The Romans created their Tribunes, and gave them the veto on the Senate with that express object. The leaders of the dominant party in Congress eagerly took advantage of this sort of legislation to protract reconstruction, in the furtherance of their policy to deny the Southern States a republican form of government, until they should be transformed into partisan allies.

CHAPTER XXIII.

TEMPORARY REORGANIZATION OF THE SOUTHERN STATES.

CONTINUED.

FLORIDA

DEPENDENT ON OTHER STATES-THE CONFEDERATE GOVERNOR, JOHN MILTON HIS SUCCESSOR, GOVERNOR WALKER- FLORIDA ADOPTS THE THIRTEENTH AMENDMENT LEGISLATION AS TO NEGROES, FIREARMS, MARRIAGE, CONTRACTS, AND VAGRANCY - VIRGINIA ATTEMPTS TO RECONSTRUCT - GENERAL BUTLER'S ACTION GENERAL WEITZEL AND PRESIDENT LINCOLN AT RICHMOND – PRESIDENT JOHNSON'S ORDER-PIERPONT'S GOVERNMENT ATTEMPTED REPEAL OF WEST VIRGINIA SECESSION CONGRESS INDIFFERENT-INDORSEMENT OF JOHNSON'S POLICY - LOUISIANA - GENERAL BUTLER AND THE COLORED PEOPLE-HIS VERSATILE AND VALUABLE QUALITIES - ATTEMPTS TO ORGANIZE COURTS — REGISTRY, VOTERS, AND GOVERNMENT GENERAL BANKS AND HIS EFFORTS — -GOVERNOR HAHN AND HIS PELICANS GOVERNOR WARMOTH AND HIS RADICALS - ONE-TENTH VOTING POLICY – PRESIDENT JOHNSON INTERVENES — BLOODY RIOTS OF 1864 — WARMOUTH GOVERNOR - NEW CONSTITUTION IN 1868-WARMOUTH'S LETTER-ITS STATEMENTS DENIED OTHER RIOTS UNTIL 1868-LOUISIANA RECLAIMED - CONFISCATION AND RASCALITY-WINTER DAVIS' BILL-ARKANSAS-HER EARLY MOVEMENTS - RADICALS IN CHARGE – LEGISLATIVE CRUDITIES - CONVENTION OF 1866 - LABOR QUESTIONS - SOLDIERS AND CIVILIANS BOTH TYRANNICAL THE POLAND COMMITTEEGARLAND SAVES THE STATE-SKETCH OF GOVERNOR, SENATOR, AND

ATTORNEY-GENERAL GARLAND.

F

LORIDA was an out-lying state, of small population and wealth. She had escaped the ravages of war. No strategic advantage was to be gained by contesting the possession of any of her extensive territory, except Pensacola. It was well understood that her fate would follow that of the adjoining states, and that their submission to the arms of the Republic would compel her compliance.

The governor was John Milton. Although not conspicuous for his energy, he was as representative a man as any of the five who are pictured in the preceding chapter. His life is worth a study in its relation to the great events of which it formed a part. He served during the whole war, as

governor. He was thoroughly devoted to the Southern cause. Even in its sinking condition, he displayed heroism beyond all praise, amid distraction and despondency. He was born on the twenty-first day of April, 1807, in Jefferson County, Georgia. He was the son of Col. Homer V. Milton, of the United States Army, and grandson of the John Milton for whom, in our early history, Georgia cast her vote for the Presidency of the United States; so that he had brave, rebellious, and patriotic blood in his veins. He was educated at the academy in Louisville, the county seat of Jefferson County. He studied law under Rodger L. Gamble. He practiced in his native county. After a year or two he moved to Columbus, Georgia; and while there he became engaged in politics. He ran for Congress on the nullification question. He was defeated. He afterwards resided in Mobile and in New Orleans. In both places he had a large practice. In 1846, he moved to Jackson County, in the State of Florida. He settled on his farm. He only appeared in court occasionally. He was devoted to agricultural pursuits. His hospitality was proverbial. His social qualities not only transmuted acquaintances into friends, but made all strangers welcome. His conversation was of rare quality and full of wisdom and wit. His knowledge of national and state measures, and prominent men, was immense. He was a surprise to his friends, for, although he was not a hard student, he seemed to grasp matters by intuition. Nature did much for him. Although he preferred domestic life, the people would not allow him his coveted ease. At every election, from 1846 to 1860, his voice was heard. He marshaled the Democratic forces. He was elected to the legislature in 1849. He was one of the Democratic electors in 1848, and visited and spoke in every portion of the state. He became thus fully known to the people of Florida. They appreciated his abilities as a statesman and orator.

states.

The author met him first at the National Democratic Convention, at Charleston, in 1860. He deplored the necessity that caused a division in the Democratic party. He feared that it would produce a rupture between the He was a warm supporter of General Breckenridge. In 1860, he was nominated for governor. He made a thorough canvass of the state, and was elected by a large majority. He was inaugurated as governor in 1861, for four years. After the withdrawal of the state from the United States, like a large portion of the Southern people he felt that the election of Abraham Lincoln, as a sectional candidate, was a sufficient cause for the withdrawal of Florida. He favored a confederacy, not only for the protection of states rights, but to preserve the rights of property in slaves. He warmly indorsed the action of his state. It was in accord with his ideas of 1832. When war was declared, he foresaw that the South had much to contend with. Her success would be doubtful; but his voice and material aid were freely given. He cheerfully and resolutely cast his fortune with his people. Although in the latter part of 1864 he saw that the for