Orders were now issued directing the military to coöperate with the civil officers to break up the crime of horse-stealing, to secure to labor its share of the crops, and to protect debtor and creditor from sacrifices by forced sales; to suspend for a time certain sales under execution; to prohibit interference with the legal tenant; to ascertain if distillers had paid their taxes; to investigate complaints made by citizens of persecution by civil authorities; to notify State and municipal officers of the laws of Congress for the organization of their governments on the basis of suffrage without regard to color; to subordinates of the Freedmen's Bureau to investigate all charges against landholders; to require supervisors, inspectors, and boards of registration to obtain the names of suitable persons, white or black, to act as clerks and judges of elections; to close strictly all bar-rooms and saloons for the day when political meetings were held; to remove the city marshal, three justices of the peace, and four members of the City Council of Vicksburg; to appoint other persons to fill the vacancies, who were required to take the test oath of Congress; to forbid the assembling of bodies of citizens under any pretense; to transfer the papers to a military commission whenever a person who had been in the Federal service was indicted and apprehended an unfair trial; to notify overseers of the poor that any neglect to provide for colored paupers would be regarded as a neglect of duty, etc.
The roistered names amounted to 46,636 whites and 60,167 blacks. The military appointment for delegates to the Convention was such as to give to thirty-two counties, having small colored majorities, seventy of the representatives, and to twenty-nine counties, having small white majorities, thirty representatives. On November 5th the election was held, and the so-called Convention assembled on January 8, 1868. The ordinance of secession was declared null and void; the existence of slavery prohibited; payment of the war debt forbidden; universal suffrage established, excepting only criminals; an election to ratify the Constitution and for the election of State officers, a Legislature, and Representatives in Congress, was ordered to be held on June 22d, and a large number of radical amendments adopted. At the election the Constitution was rejected by a majority of 7,629. The opposition candidate was also elected Governor.
On October 1, 1867, the Chief-Justice of the State, A. H. Handy, sent his resignation to the Governor. He said:
"It is apparent that the character and dignity of the Court can not be maintained, and that its powers must be held and exercised in subordination to the behests of a military commander."
On December 28, 1867, Major-General Ord was succeeded by Major-General McDowell. On June 15th the latter issued an order removing Governor Humphreys and appointing Major-General A. Ames to the vacancy. Governor Humphreys declined to vacate the office, saying that the attempt to remove him was a "usurpation of the civil government of Mississippi, unwarranted by and in violation of the Constitution of the United States." A squadron of soldiers was sent by the military commander of the post, which marched in and took possession of the office. The house of the Governor was then demanded for the new incumbent of the office. As Governor Humphreys refused to vacate it, a file of soldiers came and ejected him.
After the rejection of the so-called new Constitution, its friends applied to Congress, as the sovereign, to throw out the vote of several counties and declare the Constitution to be adopted. This action was recommended on the ground, as they said, that the election had not been fairly conducted, and that violence and intimidation had, in many parts of the State, prevented a full and just vote. The Constitution was defeated, not, as thus alleged, by fraud and intimidation, but distinctly for the reason that it was more vindictive in its spirit than the people, white or black, would tolerate, and more prescriptive in its provisions than the acts of Congress required.
In March, 1869, the provisional Governor of the State, Major-General A. Ames, was made the military commander of the Fourth Military District. At the same time a joint resolution was passed by Congress, which ordered that all persons holding office in Mississippi, who could not take the test-oath prescribed in 1862, should be removed from office. By the aid of this weapon it was expected that General Ames would make the State organization so-called Republican. Meanwhile Congress passed an act which authorized the President to submit the Constitution of the State to another election by the people, with a separate vote on its objectionable section. Preparations for this election were commenced by the issue of an order of the military commander prescribing stringent regulations relative to the requisites of voters for registration. The election was held on November 30 and December 1, 1869, and the Constitution was ratified. The vote against disfranchising citizens for serving under the Confederacy during the war was almost unanimous. The so-called Legislature assembled on January 11, 1870. The fourteenth and fifteenth amendments of the United States Constitution were adopted, and on February 12th an act of Congress was passed by which the State was permitted to be represented in that body.
At the beginning of 1865 Louisiana was under the State government constructed by General Banks, as has been stated in previous pages. It occupied New Orleans, and extended its control to the extremity of the military lines. Within this limit it was treated practically as a restored portion of the Union. The United States military draft was enforced. Much disorder in civil affairs prevailed, and some serious disturbances occurred up to the time when Congress undertook its plan of restoration. There was, in fact, a military rule during all that period. On March 19, 1867, Major-General Sheridan was assigned to the command of the Fifth Military District, embracing Louisiana and Texas, in accordance with the act of Congress of March 2d. By this act the existing State government was "declared to be only provisional, and subject to be abolished, modified, controlled, or superseded." Major-General Sheridan began his proceedings with the removal of certain obnoxious officials who were, in his opinion, dangerous to the peace of the community. The registration of voters was ordered to commence on May 1st. To an application to General Grant, the commander-in-chief, for more definite instructions, by Major-General Sheridan, the former replied on June 28th:
"Enforce your own construction of the military bill, until ordered to do otherwise."
The Legislature having appropriated four million dollars for the repairs of levees, and appointed a board to discharge the duties, Governor Wells became dissatisfied with their action, and appointed another board. Disputes arising between the two boards, Major-General Sheridan removed both, and appointed a third, and enforced its authority. In April, Major-General Sheridan, writing to General Grant, said: