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.