At the session of the Legislature in November, 1866, the fourteenth amendment to the United States Constitution was rejected by an overwhelming majority.
On assuming command of the Third Military Division under the act of Congress of March 2, 1867, Major-General Pope assigned Major-General Swayne to the "administration of the military reconstruction bill" in Alabama. On April 8th the order directing the proceedings in the registration of voters was issued. Special instructions were issued, as in all the other States, to boards of registers which declared that clerks and reporters of the Supreme Court and inferior courts, and clerks to ordinary county courts, treasurers, county surveyors, receivers of tax-returns, tax-collectors, tax-receivers, sheriffs, justices of the peace, coroners, mayors, recorders, aldermen, councilmen of any incorporated city or town, who were ex-officers of the Confederacy, and who, previous to the war, occupied these offices and afterward participated in the war, were all disqualified and not entitled to registration. Meantime the municipal officers were removed in several places, and in the city of Mobile the police administration was suspended and the maintenance of public order assumed by the commander of the military force. Finally, the chief officers and councilmen of the city were removed, and others appointed by the district commander.
The registration was completed in August, and amounted to 72,748 whites and 88,243 blacks. The vote on the Convention and for delegates was given on the first three days of October. A hundred delegates were chosen, of whom ninety-six were "radicals"—seventeen of them were blacks. On November 5th the so-called Convention assembled and adopted all the amendments required by the act of Congress. The election for the ratification of the Constitution, for State officers, members of the Legislature, and Representatives in Congress, was held on February 4, 1868. A majority of all the registered vote was required to ratify the Constitution, which was 85,000. The vote cast was 75,000.
On June 20, 1868, Congress passed an act which declared that each of the States of North Carolina, South Carolina, Georgia, Florida, Alabama, and Louisiana, should be admitted to representation when its Legislature had ratified the fourteenth amendment to the Constitution of the United States, and farther, "upon the fundamental condition that the Constitution of neither of said States shall ever be so amended or changed as to deprive any citizen, or class of citizens, of the United States of the right to vote in said State, who are entitled to vote by the Constitution thereof, herein recognized, except as a punishment for crime," etc.
The so-called State Legislature assembled on July 13th, and Articles XIII and XIV as amendments to the Constitution of the United States were ratified. The conduct of the affairs of the State was now transferred by General Meade to the new civil authorities.
Mississippi, immediately after the cessation of hostilities, was occupied by a military force of the United States. Meantime the Governor called an extra session of the Legislature, and made provision for a Constitutional Convention; but these measures were set aside by the proclamation of President Johnson, on June 13th, appointing William L. Sharkey provisional Governor. The system of measures embraced in the plan of the President for the restoration of the Confederate States to the Union was immediately commenced and completed in the election of Benjamin G. Humphreys for Governor, with the other State officers, members of the Legislature, and Representatives in Congress.
The fourteenth amendment of the Constitution was unanimously rejected by the Legislature in January, 1867.
Under the act of Congress of March 2, 1867, Major-General Ord assumed command of the Fourth Military Division, consisting of Mississippi and Arkansas. Governor Humphreys sought immediately to bring the question of the constitutionality of this act before the United States Supreme Court. Arguments were heard upon it by the Court. The motion was to enjoin and restrain President Johnson and Major-General Ord from executing the act and supplements. It was denied, and Chief-Justice Chase, on delivering the opinion, said:
"If the President refuses obedience, it is needless to observe that the Court is without power to enforce its process. If, on the other hand, the President complies with the order of the Court, and refuses to execute the act of Congress, is it not clear that a collision may occur between the executive and the legislative departments of the Government? May not the House of Representatives impeach the President for such refusal?"
Major-General Ord, immediately after assuming command, proceeded to organize boards for the registration of voters and prescribe their qualifications and disqualifications. The latter were so numerous as to embrace, in all these States, every white who had voluntarily done the most simple act to aid or favor any person engaged in the Confederate service, or had incited, by words, others to render such aid, while the entire class of blacks were not disqualified by such acts, as it was assumed that they were done by compulsion. Thus the aim and end of registration, after this manner, in a State, were to throw the entire political power into the hands of the negroes.