The Rise and Fall of the Confederate Government, Volume 2

by Jefferson Davis

In Georgia, on the cessation of hostilities, the Governor issued a proclamation calling a session of the Legislature. But the commanding General issued an order declaring the proclamation to be null and void. Another military officer, in a letter to the Governor, stated that he was instructed by the President to say to him, that "the persons who incited the war and carried it on will not be allowed to assemble at the call of their accomplice to act again as the Legislature of the State, and again usurp the authority and franchises. In calling the Legislature together again, without the permission of the President, you have perpetrated a fresh crime; and, if any person presumes to answer or acknowledge your call, he will be immediately arrested." The military authorities of the United States then took the control of affairs until the appointment of James Johnson, on June 17th, by the President, as provisional Governor of the State, by a proclamation similar to the one issued in the case of Virginia. On July 13th he issued a proclamation prescribing the regulations for a State Convention. Provost-marshals had been stationed all over the State to regulate local affairs, and the laws in force previous to 1861 were ordered to be enforced. Delegates were elected on October 4th, and the so-called State Convention assembled on October 25th. The ordinance of secession was repealed. The payment of the war debt was prohibited. The emancipation of the slaves was expressly recognized, and a so-called election for State officers, members of the Legislature and of Congress, was appointed to be held on November 15th. The Legislature assembled on December 4th, and unanimously adopted the thirteenth amendment to the Federal Constitution, prohibiting the existence of slavery. Charles J. Jenkins, Governor-elect, was inaugurated, and on December 19, 1865, the provisional Governor relinquished the conduct of the State affairs to the constituted authorities. The Freedmen's Bureau Act and the Civil Rights Act of Congress were enforced by the military authorities.

The State Legislature again assembled on November 1, 1866. The ratification of the fourteenth amendment to the Constitution of the United States was repassed to a joint committee of each House, which reported a resolution to refuse to ratify the same. In the Senate it was adopted unanimously, and in the House by a vote of 132 to 2. On April 1, 1866, Major-General John Pope assumed command in the third military district, containing Georgia, Florida, and Alabama. An unsuccessful effort was made by the State at this time to bring the question of the constitutionality of the "reconstruction" acts of Congress before the Supreme Court. Governor Jenkins took part in the application to the Supreme Court, and, while at Washington, issued an address to the people of the State, urging them to take no action under the laws. He was called upon to make an explanation on his return by General Pope, as parts of the address were declared in violation of the military order of the latter. But as the so-called Governor had not seen the order, his offense was excused. A mayor and aldermen for Augusta were appointed by General Pope; also the sheriff and deputy for Bartow County, and other officers.

An order was issued that jurors should be selected from the list of qualified voters. Judge Reese, of Ocmulgee District, wrote to General Pope, declaring that, under his oath to sustain the laws, he could not conform to the order. General Pope replied with an attempt to show him that he owed allegiance, first of all, to the authority of the United States, as represented by the military power in the State. The argument was of no avail, and the Judge was prohibited from holding court.

The registration of votes was completed early in September, The number registered was 188,647, and the whites had a majority of about 2,000. The election of delegates to the State Convention took place from October 29th to November 3d. Of the delegates, 133 were whites and 33 blacks. The Convention assembled on December 13th, and soon adjourned to January 8, 1868. Meantime, Major-General Meade had relieved General Pope as military commander. The Convention, before this adjournment, ordered the Comptroller to levy a tax to pay its expenses, and directed the State Treasurer to advance forty thousand dollars for its pay and mileage. The ordinance was sent to the Treasurer, endorsed with instructions from General Pope to pay. The Treasurer refused to advance the money, as he was prohibited by the Constitution to do so, except on the warrant of the Governor. General Meade requested the Governor to issue the warrant. He replied that the Constitution forbade any money to be drawn from the Treasury except on an appropriation, whereupon General Meade removed both officers, and appointed others.

The provisions required by the acts of Congress were adopted in the so-called new Constitution. At the same time, certain provisions were inserted, which were intended to afford relief to the people. The Convention, therefore, by resolution, requested General Meade to require the courts to enforce them "until the State was restored to its regular relations with the United States, and the State organization was in full force." An order was, therefore, issued by the General requiring the courts and officers of the State government to enforce the provisions, in all respects, the same as if they had regularly taken effect. One of the Judges, having refused to comply with this order, was removed by General Meade.

The so-called election on the Constitution, and for State officers, and Legislature, and members of Congress, was held on April 20th and following days. The State Constitution was declared to be ratified; Rufus W. Bullock, the so-called Republican candidate, was declared to be elected Governor by a majority of seven thousand votes. The Legislature assembled on July 4, 1868, with three Senators and twenty-five Representatives who were negroes. The fourteenth amendment to the Federal Constitution was adopted, and all the conditions of Congress were fulfilled; and on July 28, 1868, she was declared to be restored to the Union. Subsequently it appeared that the State Convention had made no provision which could be construed as expressly giving the black man a right to hold office, and all these members were expelled from the Legislature. The matter was taken up by Congress, and the State was not fully recognized as in the Union until 1870.

The proceedings in Florida commenced with the usual proclamation of President Johnson. It was issued on July 13, 1865, and appointed William Marvin provisional Governor of the State. On August 3d he issued a proclamation prescribing such rules and regulations as were deemed necessary for the choice of members of a so-called State Constitutional Convention, and appointed October 10th for the day of election, and October 25th as the day on which the delegates should meet. They "annulled" the secession ordinance, passed an ordinance prohibiting slavery, with a preamble in these words: "Whereas, slavery has been destroyed in this State by the Government of the United States; therefore," etc. Another ordinance declared void the liabilities contracted for the war. Freedmen were made competent witnesses in any matter wherein a colored person was concerned. An election of State officers, of the members of the Legislature, and of Representatives in Congress, was ordered to be held on November 29th, and the Legislature were required to meet on December 18th. Governor David S. Walker was inaugurated on December 21st, and on January 18, 1866, the provisional Governor surrendered the conduct of the State to the so-called constitutional authorities. At this session of the Legislature, the Lower House unanimously refused to ratify the fourteenth amendment to the Constitution of the United States. The military rule which has prevailed in local affairs was relaxed on April 27, 1866, and all civilians under military arrest were turned over to the civil authorities for trial.

On April 1, 1867, Major-General Pope assumed command under the act of Congress of March 2d. On June 18th a superintendent of registration was appointed, and the conditions for the registration of voters were prescribed. The result of the registration was 11,148 whites and 15,434 blacks. The election of delegates to the so-called State Constitutional Convention was held on November 14th, 15th and 16th, and on January 20, 1868, the Convention assembled, and contained seventeen blacks as members. A disgraceful quarrel arose in the Convention, and twenty members absented themselves. The twenty-one remaining claimed to be a quorum, and formed a Constitution, and adjourned. The absentees then returned, and, with three or four from the other side, organized and proceeded to form a Constitution. The others appeared and claimed their seats. Great disorder prevailed, but by the intervention of Major-General Meade, and by putting in the chair his sub-commander, some degree of order was restored, and such an arrangement effected that the second Constitution was completed. All the requisite measures under it were adopted, and on June 29th, the surrender of the so-called government of the State by the military power of the United States to the civil authority was made. The political quarrel continued long afterward.

In Alabama the proclamation of President Johnson was issued on June 21, 1865, by which Lewis C. Parsons was appointed provisional Governor and the usual proceedings prescribed. On July 20th the Governor issued a proclamation, which renewed the powers of the persons holding the township offices in the State; called a State Constitutional Convention to assemble on September 10th, and reordained the civil and criminal laws, except those relating to slaves, as they existed previous to 1861, and prescribed other regulations. A peaceful election was held, and the delegates to the so-called Convention assembled and took an oath to support the Constitution of the United States and the Union thereof, and all proclamations relative to the emancipation of slaves. Slavery was prohibited, the war debt declared void, and the secession ordinance repealed. An election for State officers, members of the Legislature, and Representatives in Congress, was ordered on the first Monday of November. The new Constitution was not submitted to a vote of the people on account of the delay it would occasion. Robert M. Patton was elected Governor, and the Legislature assembled on November 20th. The amendment to the Constitution of the United States prohibiting the existence of slavery was ratified, and on December 18, 1865, the provisional Governor surrendered the conduct of the affairs of the State to the Governor-elect.

During the existence of the Confederate Government, the Protestant Episcopal Church South was established, and the prayer for the President of the United States and all in civil authority, in the "Book of Common Prayer," was changed to one for the Confederate authorities. Upon the restoration of the authority of the United States, the prayer for the President was omitted altogether, by the recommendation of Bishop Wilmer; whereupon Major-General Woods issued an order by which the Bishop and all his clergy in the diocese of Alabama "were suspended from their functions and forbidden to preach or perform divine service." The order was subsequently set aside by President Johnson.