In January, General Hancock proceeded to remove the colored members of the Council of Education in New Orleans, on the alleged ground that they had transcended their powers and duties, and to put Rebels in their places. General Grant, on investigation, ordered him to reinstate the members he had removed. He complied with the order, but requested to be relieved from his command, and after some delay his request was granted, and the President created a new Military Department of Washington, including Maryland, Virginia, Pennsylvania, and the District of Columbia, and after trying several other officers, placed Major-General Hancock in command of it. Meantime, the voting for the constitutional conventions, under the Reconstruction Act, had resulted in the decision to hold conventions in all the desolated States, and the conventions had begun to assemble. The first to convene was that of Alabama, November 5. It consisted of one hundred delegates, sixty-one of whom signed the new Constitution, and sixteen protested against it. Its provisions were substantially the same with those of the other States, which followed in its train, and we therefore quote them as examples of the general character of these constitutions.
It declared all men created equal; persons born in the United States or naturalized, to be citizens of the State of Alabama, possessing equal civil and political rights and public privileges, and prohibiting slavery. The following is the article in regard to suffrage:—
“In all elections by the people, the electors shall vote by ballot. Every male person born in the United States, and every person who has been naturalized, or who has legally declared his intentions to become a citizen of the United States, twenty-one years old or upwards, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector.
“Soldiers, sailors, and marines in the United States service are not permitted to vote by reason of being stationed in the State on duty. Registration must be provided for by the General Assembly, and the following persons are not permitted to register.
“First. Those who during the late Rebellion inflicted or caused to be inflicted any cruel or unusual punishment upon any soldier, sailor, or marine, employee, or citizen of the United States, or who in any other way violated the rules of civilized warfare.
“Second. Those who may be disqualified from holding office by the proposed amendment to the Constitution of the United States, known as Article XIV., and those who have been disqualified from registering to vote for delegates to the Convention to frame a Constitution for the State of Alabama, under the act of Congress ‘to provide for the more efficient Government of the Rebel States,’ passed by Congress March 2, 1867, and the acts supplementary thereto, except such persons as aided in the reconstruction proposed by Congress, and accept the political equality of all men before the law: Provided, That the General Assembly shall have power to remove the disabilities incurred under this clause.
“Third. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery.
“Fourth. Those who are idiots or insane.
“All persons, before registering, must take and subscribe the following oath: ‘I, ——, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in section 8, article 7, of the Constitution of the State of Alabama; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity, enjoyed by any other class of men; and furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons, on account of past or present support of the Government of the United States, the laws of the United States, or the principle of the political and civil equality of all men, or for affiliation with any political party.’”
The Convention adjourned December 6, and the Constitution was submitted to the people on the 4th and 5th of February, 1868. The Rebels and those opposed to the Constitution, and to the Congressional policy of reconstruction, used every device to defeat it. The provisions of the Reconstruction Act required that for the adoption of the Constitution, there must be a majority of the whole number of registered voters, and taking advantage of this, the Rebels registered as many names as possible (many, it was believed, fraudulently), and then, when the time came for voting, they not only kept away from the polls themselves, but by threats, by discharging from their employ every colored man who would vote, and by a general system of terrorism, sought to prevent as many as possible from voting. The registration was 170,631 voters, but the registry of four counties was illegal and fraudulent. This reduced the whole number of registered voters to 156,945; and the lowest number required for ratification of the Constitution was 78,473. The actual legal vote, under these adverse influences, was 70,359, or 8,114 short of the vote required. Of these 70,359 votes, 62,089 were for the Constitution. Under the existing law, therefore, the Constitution failed of ratification.