CHAPTER LVI.

Final Subjugation of the Confederate States.--Result of the

Contest.--A Simple Process of Restoration.--Rejected by the United

States Government.--A Forced Union.--The President's Proclamation

examined.--The Guarantee, not to destroy.--Provisional Governors.--

Their Duties.--Voters.--First Movement made in Virginia.--

Government set up.--Proceedings.--Action of So-called

Legislature.--Constitutional Amendment.--Case of Dr. Watson.--

Civil Rights Bill.--Storm brewing.--Congress refuses to admit

Senators and Representatives to Seats.--Committee on

"Reconstruction."--Freedmen's Bureau.--Report of Committee.--

Fourteenth Amendment to the Constitution.--Extent of Ratification.--

Another Step taken by Congress.--Military Commanders appointed over

Confederate States, with Unlimited Powers.--Reconstruction by the

Bayonet.--Course of Proceedings required.--Two Governments for Each

State.--Major-Generals appointed.--Further Acts of Congress.--

Proceedings commenced by the Major-General at Richmond.--Civil

Governor appointed.--Military Districts and Sub-districts.--

Registration.--So-called State Convention.--So-called

Legislature.--Its Action.--Measures required by Congress for the

Enfranchisement of Negroes adopted by the So-called Legislature.--

Assertion of Senator Garret Davis.--State represented in Congress.

When the Confederate soldiers laid down their arms and went home, all

hostilities against the power of the Government of the United States

ceased. The powers delegated in the compact of 1787 by these States,

i. e., by the people thereof, to a central organization to promote

their general welfare, had been used for their devastation and

subjugation. It was conceded, as the result of the contest, that the

United States Government was stronger in resources than the

Confederate Government, and that the Confederate States had not

achieved their independence.

Nothing remained to be done but for the sovereigns, the people of

each State, to assert their authority and restore order. If the

principle of the sovereignty of the people, the cornerstone of all

our institutions, had survived and was still in force, it was

necessary only that the people of each State should reconsider their

ordinances of secession, and again recognize the Constitution of the

United States as the supreme law of the land. This simple process

would have placed the Union on its original basis, and have restored

that which had ceased to exist, the Union by consent. Unfortunately,

such was not the intention of the conqueror. The Union of free-wills

and brotherly hearts, under a compact ordained by the people, was not

his object. Henceforth there was to be established a Union of force.

Sovereignty was to pass from the people to the Government of the

United States, and to be upheld by those who had furnished the money

and the soldiers for the war.

The first step required, therefore, in the process for the

reconstruction of the new and forced Union, was to prepare those who

had been the late champions of the sovereignty of the people to

become suitable subjects under the new sovereign. Standing

defenseless, stripped of their property, and exposed, as it was

asserted, to the penalties of insurrection on the one hand, and that

of treason on the other, the President of the United States, Mr.

Andrew Johnson, who, as Vice-President, became President after the

death of Mr. Lincoln, on May 29, 1865, thus addressed them:

"To the end, therefore, that the authority of the Government of the

United States may be restored, and that peace, order, and freedom may

be reestablished, I, Andrew Johnson, President of the United States,

do proclaim and declare that I hereby grant to all persons who have

directly or indirectly participated in the existing rebellion, except

as hereinafter excepted, amnesty and pardon, with restoration of all

rights of property, except as to slaves, and except in cases where

legal proceedings under the laws of the United States providing for

the confiscation of property of persons engaged in the rebellion have

been instituted; but on the condition, nevertheless, that every such

person shall take and subscribe the following oath or affirmation,

and thenceforward keep and maintain said oath inviolate; and which

oath shall be registered for permanent preservation, and shall be of

the tenor and effect following, to wit:

"I, ---- ----, do solemnly swear, or affirm, in presence of

Almighty God, that I will henceforth faithfully support and defend

the Constitution of the United States and the Union thereunder, and

that I will, in like manner, abide by and faithfully support all laws

and proclamations which have been made during the existing rebellion

with reference to the emancipation of slaves, so help me God."

The permission to take this oath was withheld from large classes of

citizens. It will be seen that there are two stipulations in this

oath, the first faithfully to support the Constitution of the United

States and the Union thereunder. This comprises obedience to the laws

made in conformity to the Constitution, and is all that is requisite

in the simple oath of allegiance of an American citizen. The second

stipulation is:

"To abide by and faithfully support all laws and proclamations which

have been made during the existing rebellion with reference to the

emancipation of slaves."

What need was thereof this second stipulation? Because the laws were

not enacted, nor the proclamation issued under any grant of power in

the Constitution or under its authority. Now, the exercise of a power

by Government, for which it has no constitutional authority, is not

only a usurpation, but it destroys the sanction of all written

instruments of government. Also, what has become of the unalienable

right of property, which all the State governments were created to

protect and preserve? Where was the sovereignty of the people under

these proceedings? Yet the Confederate citizen was required to bind

himself by an oath to abide by and faithfully support all these

usurpations; the alternative being to resist the Government, or to

aid and abet a violation of the Constitution.

Meanwhile, each of the late Confederate States was occupied by a

military force of the Government of the United States, and military

orders were the supreme law; and that Government thereby proceeded to

establish a State organization based on the principle of its own

sovereignty. In the first place, the President of the United States

issued a proclamation in such terms as to be applicable to each of

the Confederate States wherever its affairs were in such process of

subjugation as to permit the commencement of the proposed

organization. This proclamation begins by setting forth four

propositions as the basis of his authority: First, the Constitution

declares that the United States shall guarantee to every State in the

Union a republican form of government, and protect each against

invasion and domestic violence. Second, the President is

Commander-in-Chief of the Army and Navy, as well as chief civil

executive officer, and bound to take care that the laws be faithfully

executed. Third, the rebellion, in its revolutionary progress,

deprived the people of all civil government. Fourth, it becomes

necessary and proper to enforce and carry out the obligations of the

United States to the people of the State in securing it in the

enjoyment of a republican form of government. Therefore, etc.

These propositions call for a notice as well because of their fallacy

as their enormity. The third declares that the so-called rebellion,

in its progress, deprived the people of each Confederate State of all

civil government. There was a government over each Confederate State,

then existing and in full operation. It was, in all its internal

relations, the same government which existed when the State was a

member of the Union, whereby it was recognized by the Government of

the United States and by the other States as a lawful and republican

State government. It had been created by the free consent of the

people of the State, and they had defended it with their lives and

their fortunes. It had been denied by the Government of the United

States that any one of the Confederate States was a foreign state or

outside the Union by its secession. There was, therefore, neither in

law nor in fact, any foundation for the assertion that the so-called

rebellion had deprived the people of each Confederate State of all

civil government.

Having thus stripped each Confederate State of all civil government,

it was asserted that the Constitution declares that the United States

shall guarantee to each State a republican form of government. But to

guarantee is not to create, to organize, or to bring into existence.

This can be done for a State government only by the free and

unconstrained action of the whole people of a State. The creation of

such a government is beyond the powers of the Government of the

United States, as has already been shown. After a republican

government has been instituted by the people, the Constitution

requires the United States to guarantee its existence, and thereby

forbids them or their Government to overthrow it and set up a

creature of its own. The duty to guarantee commands the preservation

of that which already exists. Such were the governments of the

Confederate States before the war and after the war. Thus the power

granted in the Constitution to preserve and guarantee State

governments was perverted to overthrow and destroy republican

governments, and to erect in their places military Governors,

Legislatures, and judicial tribunals.

The third proposition is that the President is Commander in-Chief of

the Army and Navy and the chief civil executive. His troops already

occupied each of these States, and held the people in subjection. His

proclamation was therefore merely a military order from the hand of

the conqueror. Everything which he can do under such a character

partakes of the nature, simply and solely, of martial law. Therefore

he proceeds under the fourth proposition, wherein it "becomes

necessary and proper to carry out the obligations of the United

States to the people" of each Confederate State, "in securing them in

the enjoyment of a republican form of government." The American

people were now about to witness, on an extensive scale, the

tyrannical experiment of instituting republican governments by the

processes of martial law. They had declared it to be a self-evident

truth that it was "the right of the people to alter or to abolish it

[their government], and to institute a new government, laying its

foundation on such principles, and organizing its powers in such

form, as to them shall seem most likely to effect their safety and

happiness." [130] This principle of the sovereignty of the people was

now rejected, and the sovereignty of fleets and armies was

substituted.

"Now, therefore," says the Commander-in-Chief of the Army and Navy,

and the chief civil executive officer of the United States, "in

obedience to the high and solemn duties imposed upon me by the

Constitution of the United States, and for the purpose of enabling

the loyal people of said State (or States) to organize a State

government, whereby justice may be established, domestic tranquillity

restored, and loyal citizens protected in all their rights of life,

liberty, and property, I do hereby appoint ---- ---- provisional

Governor of the State" It will be here noticed that all the

proceedings are undertaken for the sake of the "loyal" persons in the

State. Who is to decide what persons are "loyal"? He who issues the

military order--the President and his agent the provisional

Governor; and they naturally will decide those to be loyal who

support and obey their orders. The free assent and dissent which are

the basis of the validity of every political action under our system,

are unknown in this case.

The duty of the provisional Governor is declared in the proclamation

to be, "to prescribe such rules and regulations as may be necessary

and proper for convening a convention composed of delegates to be

chosen by that portion of the people of the State who are 'loyal' to

the United States, and no others, for the purpose of altering and

amending the Constitution thereof." In the third of the four

propositions laid down as the basis of authority for the President's

proceedings, above mentioned, it is declared that the so-called

rebellion, "deprived the people of the State of all civil

government"; but here it is made the first duty of the provisional

Governor to procure a convention of "loyal" persons "to alter and

amend the Constitution" of the State. Thus it seems that there was a

State in existence, and a Constitution in full vigor, notwithstanding

the above declaration of the President to the contrary. This was that

Constitution of the State which was in force during that long and

peaceful period through which the Constitution of the United States

was observed, and constitutional laws enacted. Now it was to be

altered and amended from what the sovereign people of those days had

ordained it to be, at the command, and to conform to the views, of

another sovereign. The nature of those alterations and amendments

will be stated hereafter.

This convention was to possess the authority to exercise all the

powers necessary "to restore the State to its constitutional

relations with the Federal Government." It was further provided that

no person should vote unless he had taken the amnesty oath mentioned

on a previous page, and was a qualified voter previous to the

secession of the State. The convention or the subsequent Legislature

was to prescribe the qualification of all voters afterward--"a

power," says the President, "the people of the several States

composing the Federal Union have rightfully exercised from the origin

of the Government to the present time." The proclamation then

continued: "And I do hereby direct: first, that the military

commander of the department and all officers and persons in the

military and naval service aid and assist the said provisional

government in carrying into effect this proclamation; and they are

enjoined to abstain from in any way hindering, impeding, or

discouraging 'loyal' people from the organization of a State

government as herein authorized." The proclamation closed with

instructions to the Secretary of each department of the Government to

proceed to put in operation his department within the limits of the

State.

The first movement for the restoration of the Confederate States to

the Union under subjugation was commenced in Virginia. Richmond was

occupied by the forces of the United States Government, and the

authority of all State officers elected during the war was annulled.

Affairs remained in this position until May 9, 1865, when the

President of the United States issued an order declaring all the acts

and proceedings of the political, military, and civil organizations

in the State which had been in insurrection against the United States

to be null and void; and that all persons who should attempt to

exercise any authority as under the late State or Confederate

officers, should be deemed and taken as in rebellion, etc. At this

time Francis H. Pierpont, who had assumed to exercise the office of

Governor of Virginia over ten counties around Alexandria, was

recognized by the President as the true Governor of the State. He was

aided to remove the seat of his government from Alexandria to

Richmond, and there maintained by the military force. No hostile

opposition, however, was anywhere manifested, while at Alexandria

delegates from the ten counties had assembled in convention and

assumed to amend the State Constitution, and the little so-called

legislative body had undertaken to pass various acts of importance.

The so-called Governor, in presenting a summary of them, concluded by

saying, "Thus, State sovereignty--the _status_ of the African race--

the armed resistance to the Government of the United States--are

disposed of." An election for a new Legislature and State officers

was held on October 12th. All were allowed to vote who had not held

office under the State government or the Confederacy during the war,

after they had taken the amnesty oath. The so-called Legislature

assembled and entered upon the regulation of all the affairs of the

State. A general act of vagrancy was passed, whereupon the

major-general in command issued an order "that no magistrate, civil

officer, or other person shall, in any way or manner, apply, or

attempt to apply, the provisions of the said statute to any colored

person in this department." At the municipal election in Richmond,

the Mayor, Attorney, and Superintendent of the Poor, elected, were

persons who had held office under the Confederate States. They were

not allowed by the military authority to qualify, and subsequently

declined.

In 1865 the Congress of the United States passed an act which

provided that the following amendment to the Constitution should be

submitted to the Legislatures of the several States for ratification

or rejection:

"SECTION 1. Neither slavery nor involuntary servitude, except as a

punishment for crime, whereof the party shall have been duly

convicted, shall exist within the United States, or any place subject

to its jurisdiction.

"SECTION 2. Congress shall have full power to enforce this article by

appropriate legislation."

One Dr. James L. Watson was tried for killing a negro in Rockbridge

County, and acquitted. Major-General Schofield, in command of the

military forces of the department, immediately ordered his arrest and

trial by a military commission. On the assembling of the commission a

writ of _habeas corpus_ was sued out of the Circuit Court of Richmond

in behalf of Watson, and served on the General. In his answer, he

declined compliance with the writ, saying:

"Dr. Watson is held for trial by military commission, under the

authority of the act of Congress of July 16, 1866, which act directs

and requires the President, through the commissioner and officers of

the Freedmen's Bureau, to exercise military jurisdiction over all

cases and questions concerning the free enjoyment of the right to

have full and equal benefit of all laws and proceedings concerning

personal liberty, personal security, etc., by all citizens, without

respect to race or color, or previous condition of slavery, of the

States whose constitutional relations to the Government of the United

States have been discontinued by the rebellion, and have not been

restored."

In the mean time, the United States Attorney-General having examined

the case, and reported that, in his opinion, the military commission

had not competent jurisdiction, the President thereupon directed that

the commission be dissolved and the prisoner discharged without delay.

Meantime Congress had passed an act, known as the Civil Rights Bill,

and a case came before the Circuit Court, at Alexandria, in which one

of the parties offered to produce negro evidence. The Judge (Thomas)

ruled that, inasmuch as the State laws of Virginia forbade the

introduction of negro testimony in civil suits to which white men

alone were parties, the evidence of the negro was inadmissible; and

that Congressional legislation could not impair the right of the

States to decide what classes of persons were competent to testify in

her courts.

A storm was now brewing which was soon to involve the President and

Congress in open conflict. The reader will remember that, during the

period in which these proceedings took place in Virginia, similar

ones occurred in all the remaining Confederate States. Not only in

Virginia, but in several of the other States, some persons had been

voted for as members of Congress, but in no case had they been

admitted to seats. This was one of the measures taken by Congress to

indicate its disapproval of the President's plan for the treatment of

the late Confederate States.

The difficulties that now arose between the President and Congress

had reference entirely to the affairs of the Confederate States. The

plan of the President left the negroes to the care of the States

alone after the establishment of their emancipation. Congress desired

them to be made American citizens, secure in all the rights of

freemen and voters. The refusal to admit Senators and Representatives

to Congress from the Confederate States served to arrest the

operation of the President's plans to hold these States in abeyance.

No compromise could be made between the two. Each appealed to the

Constitution, forgetful that each had sustained all its ruthless

violations during the last four years. Congress, therefore, commenced

an independent action, and in its reckless course sought,

unsuccessfully, to rid itself of the President by impeachment. Its

first act, at the commencement of the session, in December, 1865, was

the appointment, by a large majority in each House, of a joint

Committee of Fifteen, to which was referred all questions relating to

the conditions and manner in which Congress would recognize the late

Confederate States as members of the Union. Meantime the credentials

of all persons sent as Representatives and Senators from them were

laid upon the table in each House, there to remain until the final

action of the Committee of Fifteen. This was followed by the passage,

in February, 1866, of "an act to establish a bureau for the relief of

freedmen, refugees, and abandoned lands." It proposed to establish

military jurisdiction over all parts of the United States containing

refugees and freedmen. This bill was vetoed by the President, and

passed over his veto.

In March an act was passed "to protect all persons in the United

States in their civil rights, and furnish the means of their

vindication." The first section declared all persons born in the

United States, and not subject to any foreign power, excluding

Indians not taxed, to be citizens of the United States, and

enumerates the rights to be enjoyed by those so declared to be

citizens. The second section affords discriminating protection to

colored persons in the full enjoyment of all the rights secured to

them by the preceding section. This bill was vetoed by the President,

and passed over his veto.

On June 8, 1866, a majority and a minority report were made by the

Committee of Fifteen. Meanwhile, a report had been made from the same

committee, at a previous date, in the form of an amendment to the

Constitution, which was debated and amended in each House, and

finally passed by the requisite majority in each. Thus was to be

secured the political support and votes of the negroes, who were

expected to be the controlling citizens of the late Confederate

States.

The amendment to the Constitution was now submitted to the

Legislatures of all the States, to be valid as a part of the

Constitution, when ratified by three fourths, in the following form:

"ARTICLE--, SECTION 1. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are citizens of the

United States, and of the State wherein they reside. No State shall

make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any State

deprive any person of life, liberty, or property, without due process

of law, nor deny to any person within its jurisdiction the equal

protection of the laws.

"SECTION 2. Representatives shall be apportioned among the several

States according to their respective numbers, counting the whole

number of persons in each State, excluding Indians not taxed. But,

when the right to vote at any election for the choice of electors for

President and Vice-President of the United States, Representatives in

Congress, the executive and judicial officers of a State, or the

members of the Legislature thereof, is denied to any of the male

inhabitants of such State, being twenty-one years of age, and

citizens of the United States, or in any way abridged, except for

participation in rebellion or other crime, the basis of

representation therein shall be reduced in the proportion which the

number of such male citizens shall bear to the whole number of male

citizens twenty-one years of age in such State.

"SECTION 3. No person shall be a Senator or Representative in

Congress, or elector of President and Vice-President, or hold any

office, civil or military, under the United States, or under any

State, who, having previously taken an oath as a member of Congress,

or as an officer of the United States, or as a member of any State

Legislature, or as an executive or judicial officer of any State, to

support the Constitution of the United States, shall have engaged in

insurrection or rebellion against the same, or given aid or comfort

to the enemies thereof. But Congress may by a vote of two thirds of

each House remove such disability.

"SECTION 4. The validity of the public debt of the United States,

authorized by law, including debts incurred for payment of pensions

and bounties for services in suppressing insurrection or rebellion,

shall not be questioned. But the United States shall neither assume

nor pay any debt or obligation incurred in aid of insurrection or

rebellion against the United States, or any claim for the loss or

emancipation of any slave; but all such debts, obligations, and

claims shall be held illegal and void.

"SECTION 5. The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article."

It may here be stated that the restoration of the late Confederate

States to all the rights and privileges of States as co-equal members

of the Union, under the plan of President Johnson, received the

approval of the executive and judicial branches of the Government

soon after the cessation of hostilities. Congress, however, not only

withheld its assent, but, during its session in 1866, required as a

condition precedent to a recognition of any one of these States, and

the admission of its Representatives and Senators to seats, the

adoption by its Legislature of the above-mentioned amendment. The

question really involved in this amendment was the admission to

citizenship and the ballot of the negroes in these States. It was the

acknowledged fact that the authority to determine this question

resided in the States severally and nowhere else. The amendment

itself, in its second section, recognized the authority to grant or

withhold the elective franchise as existing in the State governments.

This amendment was submitted to the Legislatures of the States

immediately after its adoption by Congress in June, 1866, and by

March 30, 1867, it had been ratified by twenty States, including West

Virginia, Maryland, Missouri, and Tennessee, and rejected by

thirteen, including Delaware and Kentucky, and eleven of the late

Confederate States. There were thirty-four States at that time, and

thirty had voted. A ratification by three fourths was required to

make it valid.

When this amendment was presented for ratification to the Legislature

of Virginia at its session commencing December, 1866, it was rejected

in the Senate by a unanimous vote, and in the House by a vote of

seventy-four to one. Meantime the Freedmen's Bureau was organized and

put in operation in the State, but the military occupation continued,

and the condition of affairs remained unchanged during the

proceedings of Congress to construct its plan for subjugation.

After the vote of the States up to March, 1867, it was manifest that

no real advance had been made in the extension of the franchise to

the negro population of the States. In this position of affairs

Congress, on March 2d, adopted an entirety new system of measures

relative to the late Confederate States, The fiction upon which these

measures were based is thus expressed in the preamble of the first

act:

"_Whereas_, No legal State governments, or adequate protection for

life or property, now exists in the rebel States of Virginia, North

Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana,

Florida, Texas, and Arkansas; and, _whereas_, it is necessary that

peace and good order should be enforced in said States, until loyal

and republican State governments can be legally established:

therefore, _be it enacted_," etc.

These States were then divided into five military districts, and it

was further provided:

"Until the people of the said rebel States shall by law be admitted

to representation to the Congress of the United States, all civil

governments that may exist therein shall be deemed provisional only,

and shall be in all respects subject to the paramount authority of

the United States, at any time to abolish, modify, control, and

supersede the same, and in all elections to any office under such

provisional governments, all persons shall be entitled to vote under

the provisions of the fifth section of this act."

Thus these States, when held by military force as conquered

territory, with the sovereignty of the people extinct, were not

allowed to claim to possess any rights under the Federal

Constitution, or any other than such as might be granted by the will

of the conqueror. It was asserted that the right to regulate the

elective franchise, recognized as belonging to the States in the

Union, could not attach to those out of the Union, and having only

provisional political institutions. Congress then proceeded to

declare, in the fifth section of the bill, the terms upon which a

late Confederate State could become a member of the Union:

"SECTION 5. That, when the people of any one of said rebel States

shall have formed a Constitution of government in conformity with

the Constitution of the United States in all respects, framed by a

convention of delegates elected by the male citizens of said State,

twenty-one years old and upward, of whatever race, color, or previous

condition, who have been resident in said State for one year previous

to the day of such election, except such as may be disfranchised for

participation in the rebellion or for felony at common law, and when

such Constitution shall provide that the elective franchise shall be

enjoyed by all such persons as have the qualifications herein stated

for electors of delegates, and when such Constitution shall be

ratified by a majority of the persons voting on the question of

ratification who are qualified as electors for delegates, and when

such Constitution shall have been submitted to Congress for

examination and approval, and Congress shall have approved the same,

and when said State, by a vote of its Legislature elected under said

Constitution, shall have adopted the amendment to the Constitution of

the United States, proposed by the Thirty-ninth Congress, and known

as Article XIV, and when said article shall have become a part of the

Constitution of the United States, said State shall be declared

entitled to representation in Congress, and Senators and

Representatives shall be admitted therefrom on their taking the oath

prescribed by law, and then and thereafter the preceding sections of

this act shall be inoperative in said State," etc.

The bill became a law, notwithstanding the veto of the President.

On March 4th a new Congress commenced its session, and on March 23d a

supplement to the preceding act was passed. It ordered a registration

to be made of the qualified voters in each military sub-district of

the State, an election to be held for the State Convention to draft a

Constitution for the State, and for delegates to such convention; and

that such Constitution should be submitted to the voters for adoption

or rejection, and upon its adoption a State government should be

organized, etc. The registration was required to be made of all

citizens as defined by the "act to protect all persons in the United

States in their civil rights," etc. Many disqualifications of voters,

arising from participation in the war, were also expressed. This act

also became a law, notwithstanding the objections of the President.

It will be seen that this act contemplated two distinct governments

in each of the ten States--the one military and the other civil.

Both were provisional, and both were to continue until the new State

Constitution was framed, and the State was admitted to representation

in Congress. The two were to be carried on together, and the people

were made subject to both and obliged to obey both. The law was next

put in operation by constituting the districts, as follows: 1.

Virginia, commander, Major-General Schofield; 2. North Carolina and

South Carolina, commander, Major-General Sickles; 3. Georgia,

Florida, and Alabama, commander, Major-General John Pope; 4.

Mississippi and Arkansas, commander, Major-General Ord; 5. Louisiana

and Texas, commander, Major-General Sheridan.

Previous to adjournment, on July 19, 1867, Congress passed an

additional supplement to the act of March 3d and the supplement of

March 23d. It declared the intent and meaning of the previous acts to

have been: that the civil governments of the ten States were not

legal governments, and, if continued, were to be subject in all

respects to the military commanders and the paramount authority of

Congress. It made the acts of the military commanders subject only to

the disapproval of the General of the Army, U. S. Grant, and

authorized them to remove any person from office under the State

government. It further defined the classes disfranchised, and

directed that no district commander should be bound in his action by

any opinion of any civil officer of the United States.

The President vetoed the bill, and in his message said:

"Thus, over all these ten States, this military government is now

declared to have unlimited authority. It is no longer confined to the

preservation of the public peace, the administration of criminal law,

the registration of voters, and the superintendence of elections;

but, 'in all respects,' is asserted to be paramount to the existing

civil governments. It is impossible to conceive any state of society

more intolerable than this, and yet it is to this condition that

twelve millions of American citizens are reduced by the Congress of

the United States. Over every foot of 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 crashing

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 Bights 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 Eights 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."

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."

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 officers-elect

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."

[Footnote 130: Declaration of Independence.]

The Rise and Fall of the Confederate Government, Volume 2 · 第 43 / 46 章