CHAPTER VIII
THE EXECUTION OF THE RECONSTRUCTION ACTS
[The Attempt to Prevent the Execution of the Reconstruction Acts in Mississippi and Georgia—The Case of Mississippi vs. Johnson]—[The Case of Georgia vs. Stanton]—[The Operations of the Commanders—The Registration]—[The Numbers Registered]—[The Change in the Electorate in the South]—[The Elections—Efforts of the Commanders to Get the Vote Out]—[The Result of the Elections]—[The Character of the Convention Delegates Chosen]—[The Work of the Conventions]—[The Vote upon Ratification—Fraudulent Voting and Unlawful Voting—The Recall of Pope and the Appointment of Meade in His Stead]—[Rejection of the Constitution in Alabama]—[The Statute of Congress Changing the Proportion of Votes to Registration in the Ratification of a Constitution]—[Criticism of the Statute]—[Ratification in Arkansas]—[Ratification in North Carolina, South Carolina, Georgia, Florida and Louisiana]—[Second Attempt in Georgia to Obstruct Reconstruction]—[Rejection of the Constitution in Mississippi].
Although the Supreme Court of the United States had said, in the case of Kendall vs. the United States, in 1838, that so far as the
The attempt to prevent
the execution of the
Reconstruction Acts in
Mississippi and Georgia.
The case of
Mississippi
vs. Johnson.
Under the delusion that this decision was based entirely upon the official exemption from jurisdiction of the person sought to be made
The case of
Georgia
vs. Stanton.
The generals now had free hand to go ahead according, pretty much, to their own discretion. The law gave them, first until September, and
The operations of
the commanders.
The registration.
In Alabama the registration reached the number of 165,813, of whom 104,518 were negroes or colored. In
The numbers
registered.
It will thus be seen that of the ten "States" to be reconstructed five were to be recreated through an electorate in which the majority would
The change in
the electorate
in the South.
There is no doubt that Congress had the constitutional power to do this thing, on the theory, of course, that these communities were not "States" of the Union; but it was a reckless thing, and a monstrous thing. Anybody of common sense and common honesty could, at the time, have foreseen some of the horrible results which were sure to follow.
So soon as the registration was completed, the commanders ordered elections to be held and the vote to be taken, first, upon the question
The elections.
Efforts of the
commanders to
get the vote out.
The result was that in all the communities to be reconstructed as "States" a majority of the registered voters voted on the question of
The result of
the elections.
The great mass of those who registered and refrained from voting were the whites who were opposed to the Congressional Acts for
The character of
the Convention
delegates chosen.
During the winter and spring of 1867-68 the work of these conventions went on under the greatest extravagance and incompetence of every kind.
The work of the
conventions.
The restrictions upon eligibility to hold office or mandate were in general the same as those imposed on the exercise of the suffrage, and in some cases they went even further, as in the cases of the Mississippi and Virginia instruments, by both of which anybody who had voluntarily participated in the rebellion, or had voluntarily given aid or comfort to those who had, was disqualified.
The next step in the procedure was the submission of these constitutions to the voters. The registration was effected in the same
The vote upon
ratification.
Fraudulent
voting and
unlawful
voting.
The recall of
Pope and the
appointment
of Meade in
his stead.
Before the election came off, however, a bill was introduced into Congress, and passed the House of Representatives, and was making its
Rejection of the
constitution in
Alabama.
The Senate now passed the House bill providing that the approval of a majority of those voting, no matter what the proportion of the vote to
The statute of Congress
changing the proportion
of votes to registration
in the ratification of a
constitution.
In the original requirement that the vote to be effective must exceed half of the registration, Congress was still upon the ground of correct
Criticism of
the statute.
While the Senate was proceeding with the bill, another of the Southern communities was rapidly approaching the date fixed for voting upon the
Ratification
in Arkansas.
In the course of the next two months, April and May, voting upon
Ratification in
North Carolina,
South Carolina,
Georgia, Florida
and Louisiana.
During the Reconstruction proceedings in Georgia Governor Jenkins had refused to issue an order to the "State" Treasurer to pay a sum of
Second attempt in
Georgia to obstruct
Reconstruction.
On the other hand, the opponents of the proposed "State" constitution in Mississippi went into a most earnest and energetic campaign against
Rejection of
the Constitution
in Mississippi.