The American Annual Cyclopaedia and Register of Important Events of the Year, 1861-1865, vols. 1-5. New York: Appleton & Co., 1868.

Confederate States in 1865 Part 2: Georgia through Louisiana

GEORGIA. The result of the military operations in Georgia, at the close of the previous year, had been the capture of Savannah, and the defeat of the army of General Hood in Tennessee. The success of these operations was announced to his troops by General Sherman in the following congratulatory address:

Special Field Orders No. 6.

HEADQUARTERS MILITARY DIVISION OF THE )

MISSISSIPPI, IN THE FIELD,

Savannah, Ga., January 8, 1865.

The General commanding announces to the troops composing the Military Division of the Mississippi, that ne has received from the President of the United States, and from Lieutenant-General Grant, letters conveying the high sense and appreciation of the campaign just closed, resulting in the capture of Savannah, and the defeat of Hood's army in Tennessee.

In order that all may understand the importance of events, it is proper to revert to the situation of affairs in September last. We held Atlanta, a city of little value to us, but so important to the enemy, that Mr. Davis, the head of the rebellious faction in the South, visited his army near Palmetto, and commanded it to regain it, as well as to ruin and destroy us by a series of measures which he thought would be effectual.

That army, by a rapid march, first gained our railroad, near Big Shanty, and afterwards about Dalton. We pursued, but it marched so rapidly that we could not overtake it; and General Hood led his army successfully far toward Mississippi, in hopes to decoy us out of Georgia. But we were not then to be led away by him, and purposed to control and lead events ourselves. Generals Thomas and Schofield, commanding the department in our rear, returned to their posts, and prepared to decoy General Hood into their meshes, while we came on to complete our original journey.

We quietly and deliberately destroyed Atlanta and all the railroad which the enemy had used to carry on war against us, occupied his State capital, which had been so strongly fortified from the sea as to defy approach from that quarter.

Almost at the moment of our victorious entry into Savannah, came the welcome and expected news that our comrades in Tennessee had fulfilled, nobly and well, their part; had decoyed General Hood to Nashville, and then turned on him, defeating his army thoroughly, capturing all his artillery, great numbers of prisoners, and were still pursuing the fragments down into Alabama. So complete a success in military operations, extending over half the continent, is an achievement that entitles it to a place in the military history of the world.

The armies serving in Georgia and Tennessee, as well as the local garrisons of Decatur, Bridgeport, Chattanooga, and Murfreesboro, are alike entitled to the common honor; and each regiment may inscribe on its colors at pleasure, the words "Savannah" or "Nashville."

The General commanding embraces in the same general success the operations of the cavalry column under Generals Stoneman, Burbridge, and Gillem, that penetrated into Southwest Virginia, and paralyzed the efforts of the enemy to disturb the peace and safety of the people of East Tennessee. Instead of being put on the defensive, we have, at all points, assumed the bold offensive, and completely thwarted the designs of the enemies of our country.

      By order of Major-General W. T. SHERMAN. (Signed)

            L. W. Dayton, Aide-de-Camp.

On the 14th, General Sherman issued a further order, authorizing the farmers of Georgia to bring into Savannah, Jacksonville, or Fernandina, for the markets, beef, pork, mutton, vegetables of any kind, fish as well as cotton in small quantities, and to invest the proceeds in family stores, such as bacon, flour, groceries, shoes, clothing, and articles not contraband of war, and carry the same back to their families. He further added: "The people are encouraged to meet together in peaceful assemblages, to discuss measures looking to their safety and good government, and the restoration of the state and National authority, and will be protected by the National army while so doing; and all peaceable inhabitants who satisfy the commanding officers that they are earnestly laboring to that end, must not only be left undisturbed in property and person, but must be protected, as far as possible, consistent with the military operations. If any farmer or peaceable inhabitant is molested by the enemy, viz., the Confederate army or guerrillas, because of his friendship to the National Government, the perpetrator, if caught, will be summarily punished, or his family made to suffer for the outrage; but if the crime cannot be traced to the actual party, then retaliation will be made on the adherents to the cause of the rebellion; should a Union man be murdered, then a rebel selected by lot will be shot—or if a Union family be persecuted on account of the cause, a rebel family will be banished to a foreign land. In aggravated cases, retaliation will extend as nigh as five for one. All commanding officers will act promptly in such cases, and report their action after the retaliation is done."

The Confederate Legislature of the State assembled at Macon on February 11th. Governor Brown in his message said that the State had been left to her fate by the other Confederate States. He recommended the establishment of the militia system for home defence; but opposed the arming of the slaves, believing they were more valuable as agricultural laborers than they could be as soldiers. They did not wish to go into the army, and the principal restraint upon them was, the fear that if they were to leave, the Federal authorities would make them fight. If they were compelled by the Confederates to take up arms, they would desert by thousands. He said: "We cannot expect them to fight well to continue the enslavement of their wives and children, and it is unreasonable to demand it of them. When we establish the fact that they are a military people, we destroy our theory that they are unfit to be free, and when we arm them we abandon slavery."

After a short session, since become unimportant by the course of events, the Legislature adjourned. The progress of the Federal arms soon became irresistible. The invasion of General Wilson was unobstructed. Early in April, West Point, Columbus, Griffin, and Macon, were captured and held by him. Governor Brown issued orders calling out all the militia between the ages of sixteen and sixty, but no force was raised. On April 30th, General Johnston sent the Page 392 following despatch to the Governors of Georgia, South Carolina, and Florida:

GREENSBORO, April 30,1865.

To his Excellency Joseph E. Brown, Augusta, Ga.; A. G. Magrath, Governor of South Carolina, Spartansburg, via Cluster, S. C; John Milton, Florida:

The disaster in Virginia; the capture by the enemy of all our workshops for the preparation of ammunition and repairing arms; the impossibility of recruiting our little army, opposed by more than ten times its number, or of supplying it except by robbing our own citizens, destroyed all hope of successful war. I have, therefore, made a military convention with General Sherman to terminate hostilities in North and South Carolina, Georgia, and Florida.

I made this convention to spare the blood of the gallant little army committed to me, to prevent further sufferings of our people by the devastation and ruin inevitable from the marches of invading armies, and to avoid the crime of waging hopeless war.

                                            J. E. JOHNSTON, General.

All further resistance on the part of the State was now at an end. The Governor issued a proclamation and called a session of the Legislature, But General Gillmore, in charge of the Department which included Georgia, issued orders declaring the proclamation of the Governor to be null and void, that the blacks were free citizens of the United States and would be protected by the Federal Government in the enjoyment of freedom and of the fruits of their industry. General Wilson, in a letter to the Governor, stated that he was instructed by the President to say to him: "That the restoration of peace and order cannot be intrusted to rebels and traitors; 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 a Legislature of the State, and again usurp the authority and franchises. Those who have caused so much woe, will not be allowed again to set on foot fresh acts of treason and rebellion. In calling the Legislature together again, without the permission of the President, you have perpetrated a fresh crime; and if any person resumes to answer or acknowledge your call, he will be immediately arrested."

The control of affairs in the State was thus held by the military authorities until it was subsequently relaxed on the appointment of a Provisional Governor.

The condition of the inhabitants of Georgia, and indeed of all the other Southern States where the desolation of war had been made, was one of great destitution and suffering. A writer from Augusta, May 24th, thus describes the views of the citizens:

This city is the only place of any magnitude South that was spared. And now let us hope for an indulgent Government. A kind and generous policy will be followed by general satisfaction at the South. The effort will be very happy and will tend much to banish the bitterness of the late struggle, and revive the friendly relations of the sections. At present the people are in suspense—generally anxious and dejected, fearful of harsh measures. Emancipation has deranged labor somewhat, but not as much, I think, as was expected; and after a while I believe people will cease to feel any inconvenience, especially wholesome legislation is had against vagrancy, etc. The people may be called in just that state of mind when a very generous policy might be expected to produce the happiest results. They seem prepared for a radical course of treatment. A different application, announced promptly and frankly, would cause rejoicing throughout the land. Of one thing, however, all are assured, viz.: there will be but one Government, and none are hesitating to resume their allegiance to the "old flag, for better or worse." We are all "citizens of the United States," of one country, and a common destiny as a people. Secession is dead I And the irrepressible conflict has decided that slavery is dead !

Another writer about the same date says:

Passing Marietta, where the usual marks of destruction appeared, I was interested by the appearance of a crowd gathered about one of the few remaining business buildings. I began to make inquiries, indicating my character as just from above, in search of information, when they thronged about me and began the revelation of a degree of destitution that would draw pity from a stone.

Thomas H. Moore, of respectable and even cultured address, introduced himself as the agent for the county, appointed by the State, for the distribution of the supplies voted by the rebel Legislature to the people of North Georgia, after Sherman's passage. He said all these supplies had been long ago issued. He had himself, since, walked to Atlanta (having no horse), to procure more. A few hundred pounds had been furnished, which he was now distributing, but it amounted to a mere pittance, and he was obliged to reserve it for those who are already on the verge of starvation. Women daily— nay, hourly, come in from a distance of ten and fifteen miles afoot, leaving homes entirely destitute, in order to get a few mouthfuls to save the lives of their helpless children.

After him came slaveholders, the wealthiest in the county—one with sixty slaves, who complained that what bad once made them the richest now made them the poorest. They had nothing to feed these people, without whose aid the crops could not be secured. Mr.—had told his negroes that if they would remain with him, now that they were free, he would compensate them, and share with them his land, and they were anxious to do so; but—and he called me aside to tell me this privately—the distributing officers refused to furnish the slaveholders, who, unless they could get aid, would, together with their negroes, starve. They all told me that no man in the country had more than two bushels of corn left. They besought me to help them if I could, and at their request I sent word back to Colonel Adams, to be forwarded to General Judah, that, if possible, supplies might be sent down at once by railroad to Kingston, from which point the citizens of the county would gladly team it themselves.

The commandant has mentioned a case that occurred yesterday. A poor woman came all the way into town on foot, from a distance of twenty miles, leaving at home a family of children who had had nothing to eat for twenty-four hours. Tet the most that could be done in answer to her appeal was to request the commissary, if possible, to supply her.

Another account says:

From a recent report made by order of the military authorities, it has been ascertained that there are 85,000 men, women, and children in the counties of Georgia immediately surrounding Atlanta, who are dependent upon the United States Government for support and preservation from death by hunger. In the counties of North Georgia there must be at least as many more, for at every post and headquarters of the United States forces hundreds of applicants apply daily for relief. To such an extent does this state of affairs prevail that it seriously incommodes the troops; and though every effort has been made to Page 393 relieve the sufferings of the people, yet vast destitution prevails among them.

An order has recently been issued by General Thomas, ordering that several thousand bushels of corn be distributed among these poor people, which will prove of great benefit. Still, the evil increases day by day, by the arrival of hundreds of poor refugees from points north of here, especially from Indiana.

Another account from Atlanta, Ga., gives these details:

To get an idea of the immensity of the deeding establishments in this city I will give you some items. During the month of June, there were issued to about fifteen thousand recipients: ninety-five thousand pounds of breadstuff, and the same amount of meat, together with the proper proportion of salt, coffee, sugar, soap, candles, and other articles. Since the 1st of July, the increase of recipients has been very large. A large number of refugees, who are returning to their homes on Government transportation, also receive their subsistence here; and this addition has assisted very much to increase the amount of issue. Captain Seaton estimates the issue up to this date, nearly the amount issued the last month. By my own close observation the issue is daily twice as large as it was last month at the same dates. There are employed in the issuing house about ten clerks, who are kept on the run all day, and often at night; about twenty negroes, who assuredly do not find the work of this commissary department as easy a business as working in a cornfield, especially when they are caught stealing—a piece of waggery which you know the "institution" is very fond of perpetrating. A large number of Confederate soldiers, lately discharged from Northern prisons, continue to arrive here daily, and they, too, are furnished with rations. Taking as an entire affair the business of this commissary post, it is the biggest thing I have met with in a long time. I am certain that, if what is done so patiently by Captain Seaton and bis hard-working assistants had been required of a like number of our Confeds, a few months ago, there is not a building in the South large or strong enough to have held the disbursing parties, for they would have enough to have levelled the walls and blown the roof away. Discipline, and some other little peculiarities of human nature, make the difference. I was too stubborn a Southern soldier, however, to make any insidious remarks now, however much my maw may have suffered in the hungry times gone by, and which discomfort was caused by neglectful and selfish commissaries.

But before I close I cannot help but remark that it must be a matter of gratitude as well as surprise, for our people to see a Government which was lately fighting us with fire, and sword, and shell, now generously feeding our poor and distressed. In the immense crowds which throng the distributing house, I notice the mothers, and fathers, and widows, and orphans of our soldiers, who fought nobly—and how sadly—too often to the death, for our loved South. Again, the Confederate soldier, with one leg or one arm, the crippled, maimed, and broken, and the worn and destitute men, who fought bravely their enemies then, their benefactors now, have their sacks filled and are fed.

There is much in this that takes away the bitter sting and sorrow of the past. There is more than humanity in it, on the part of the provider; and the generous conduct will go farther to heal the wounds of the nation, than all the diplomacy and political policy of tricksters and office-seekers during centuries to come.

On the 17th of June, James Johnson, a citizen of Georgia, was appointed the Provisional Governor, to conduct the reorganization of the State. The proclamation of the President making the appointment w.is similar in all respects, except the name of the State and Governor, and date, to that issued in the case of Alabama. (See ALABAMA.)

After his appointment, the Governor proceeded to address the citizens in various parts of the State, instructing them in the system of measures which it was proposed to adopt in order to reorganize the State Government, and asking their cooperation. lie said that he had been appointed for the single purpose of enabling them to form a government, and that he was not authorized to appoint civil magistrates, and should not He advised the people to take the amnesty oath, and thus prepare themselves to become citizens. They would be required to recognize, as an accomplished fact, that slavery had ceased to exist, and that its restoration under any form was out of the question. He said: "I do not propose, in this connection, to enter upon a lengthy argument to prove it. I simply state what "is universally acknowledged by all writers on national law, that belligerents have the right to make captures of persons and property, and that they may make what disposition they please of the property captured. The vanquished are at the disposition of the conquerors, and may be disposed of as they think proper. Such is war, and it is a sin against God and humanity that it should be waged. We must submit to the result of the war. Congress, by the Constitution of the United States, has the power to give to the President the regulation of captures by sea and land, and the President, in the exercise of this power given him by the Constitution and by Congress, issued his proclamation disposing of their captures, declaring that all the negroes who were slaves in the revolted States should, by virtue of that proclamation, become emancipated. Such is my judgment of the law, and I believe the Supreme Court will so decide. The Constitution now to be adopted must recognize this fact, and the Convention soon to meet will be required to agree to the anti-slavery amendment of the Federal Constitution."

He then answered the various objections urged to the amnesty oath, and drew a bright and glowing picture of the future prosperity which awaited the State. The late Confederate Governor Brown, who now withdrew from all official duty, also issued an address to the people, urging them to accept the fate thrust upon them by the fortunes of war, to support not only the Government of the United States but the administration of the Chief Magistrate, to take the amnesty oath and return to the Union in good faith, and do all in their power, as good citizens, to relieve the distressed, repair the damages which had resulted from the contest, and aid to restore permanent peace and prosperity to the whole country under the old flag, to which all must again look for protection from the Atlantic to the Pacific. The prominent men throughout the State, as also in other Southern States, expressed similar views, and Page 394 the current of popular feeling turned strongly in favor of resuming, at the earliest practicable moment, the most friendly relations with the people of the Northern States, and with the national Government.

On July 13th the Provisional Governor issued the following proclamation, prescribing the rules and regulations necessary and1 proper for the assembling of a Convention, etc.

To the People of Georgia:

Whereas, By the proclamation of Andrew Johnson, President of the United States, dated 17th of June, A. D. 1865, I have been appointed Provisional Governor of the State of Georgia, with instructions to prescribe, at the earliest practicable period, such rules and regulations as may be necessary and proper for convening a Convention of the people, composed of delegates to be chosen by that portion of the people who are loyal to the United States, and no others, and also with all the power necessary and proper to enable such loyal people of said State to restore it to its constitutional relation to the Federal Government, and to present such a republican form of government as will entitle the State to the guarantee of the United States therefor, and its people to the protection of the United States against invasion, insurrection, and domestic violence.

Now, therefore, I, James Johnson, Provisional Governor of the State of Georgia, as aforesaid, do, by virtue of the power in me vested as aforesaid, proclaim and declare:

1. That an election for delegates to a Convention will be held on the first Wednesday in October, a. d. 1865, at the different precincts at which elections are directed and authorized by law to be held for members of the Legislature.

2. That the thirty-seven counties in the State which, by law in force prior to the first of January, 1861, were entitled to two members of the House of Representatives, shall be authorized and entitled to elect each three delegates, and that the remaining counties shall each be authorized and entitled to elect two delegates to said Convention.

3. That no person, at such election, shall be qualified as an elector, or shall be eligible as a member of such Convention, unless he shall have previously thereto taken and subscribed to the oath of amnesty, as set forth in the President's proclamation of May 29th, a. n. 1865, and is a voter qualified, as prescribed by the Constitution and laws of the State of Georgia, in force immediately before the 19th of January, a. n. 1861, the date of the so-called Ordinance of Secession.

4. That any two freeholders, qualified to vote at such election as aforesaid, may act as managers of the election at each of the precincts as aforesaid; and that in managing and superintending such election, they shall be governed by, and proceed under* the laws of the State regulating and prescribing the election of members of the Legislature, prior to the 1st of January, 1861: Provided, That each of said managers, before entering on the duties prescribed, shall swear truly and faithfully to superintend and make return of said election, according to law as aforesaid, and the requirements of this proclamation.

5. That the delegates who snail be elected as aforesaid, shall assemble in Convention at the city of Milledgeville, at 12 o'clock, M., on the fourth Wednesday of October, a. d. 1865.

And whereas, The rebellion which has been waged by a portion of the people against the Government of the United States has, in its revolutionary progress, deprived the people of the State of all civil government;

And whereas, They must remain, without civil officers, and the administration of civil law, until a State Government shall have been organized by the Convention called a« aforesaid;

And whereas, It is necessary, in the mean time, that domestic tranquillity be insured, and that the loyal people be protected in all their rights of person and property, I do further proclaim and declare:

1. That no individual, by virtue of his own authority, shall indict corporal punishment on any person, for any real or supposed injury, whether such injury relate to person or property," and that in all such cases redress must be sought from, and given by, such military authority as may be invested with the jurisdiction over the cases.

2. That slavery is extinct, and involuntary servitude no longer exists. Hence no person shall have control of the labor of another, other than such control as may lawfully result from indenture, the relation of parent and child, guardian and ward, and the contract of hiring, freely and fairly made; and that for a breach of duty, on the part of any one standing in these relations, the military authority will administer, in a summary manner, adequate and proper relief under the laws of the land.

3. That all riotous or tumultuous assemblages of people, and also all assemblages for unlawful purposes and unlawful objects, will be dispersed; and to this end, if necessary, the military power of the United States will be invoked.

4. That the idea, if any such is entertained, that private property will be distributed or parcelled out, is not only delusive, but dangerous and mischievous; and if any attempt should be made by any person or persons to effect such an object by violence or unlawful means, it will only secure to him or them speedy and merited punishment.

5. To the end that the people may qualify themselves as voters, it will, doubtless, be the pleasure of the commissioned officers in the service of the United States, to have the oath of amnesty administered under the rules and regulations prescribed by the Secretary of State of the United States; and, in this work, I most earnestly desire and solicit the cheerful cooperation of the people, so that Georgia may speedily be delivered of military rule j that she may once again regulate brer own domestic affairs: again enjoy the blessings of civil government, and be heard and felt by her Senators and Representatives in the councils of the nation.

Done at Milledgeville, the capital of the State, on this, the 18th day of July, in the year of our Lord 1865, and the eighty-ninth year of American Independence.

                                                      JAMES JOHNSON,

                                             Provisional Governor of Georgia.

          By the Governor:

                         L. H. Briscoe, Secretary.

To enable the people more easily to prepare themselves for the exercise of the rights of citizens, the Provisional Governor, on August 7th, issued a second proclamation. This authorized the ordinaries or clerks of the several counties to administer the oath of amnesty required by the President's proclamation to such persons as were entitled to take and receive the same. All the civil officers of the State who had taken the oath above mentioned, and who were not embraced in any of its exceptions, or if embraced, had received special amnesty, were also authorized to proceed in the discharge of the duties of their several offices according to the laws in existence prior to January 1, 1861, so far as they were not inconsistent with the existing condition of the State.

In the unsettled state of affairs it this time, the freedmen at a distance from the stations of the Bureau were placed under the local provost marshals by the following military order:

Page 395

HEADQUARTERS DEPARTMENT OF GEORGIA,

Office of the Provost Marshal General,

Augusta, Ga., August 7,1865.

1. In the absence of civil courts, and in localities in which no commissioner or agent of the Freedmen's Bureau is located in the State of Georgia, it is ordered that all questions of wages and debts of every description arising between the freedmen and whites, and freedmen and freedmen, will be inquired into and decided by the local Provost Marshals and their assistants.

2. Contracts heretofore made by and between the white men and their former slaves will be strictly adhered to unless it appear that such contracts were procured by fraud or made under duress, and in all cases of fraud or duress a fair compensation will be collected and paid to the freedmen.

3. Where a planter has hired a former slave by the month for the season, and has driven him off, the freed ill on will be entitled to recover pay and fair compensation for subsistence from the time he began to work until January 1, 1866; but care must be taken to ascertain if the freedman has complied with his contract.

4. Where a freedman made a contract by the month for the season and refuses to remain, and quits work without the fault of the former master, he will not be entitled to recover wages for any part of the time; but great care must be taken to ascertain that the freedman had no excuse for leaving.

5. When a former master strikes, kicks, shoots at, or threatens to shoot, or commits any assault upon any peaceable freedman on his plantation and in his employ, it will be held by the Provost Marshal to be a violation of the contract by him, and the freedman may recover full pay and commutation to the end of his term; but the freedman will not be allowed to remain on the plantation after ceasing to work.

6. Provost marshals will take into consideration the number of non-workers on any plantation supported by the former master, in deciding what is fair wages for the freedman in the absence of a contract.

7. Vagrants, idlers, and loafers, without means of support, either white or black, will be arrested and severely punished, generally by hard labor on the streets of the towns and cities, and such other work as may be ordered, and in aggravated cases a ball and chain will be added. But persons out of employment and making reasonable efforts to secure employment will not be embraced in the classes herein named.

8. Any person feeling aggrieved by the decision of any provost marshal, by giving notice, may appeal within ten days to the Provost Marshal General at these headquarters. Provost marshals will keep a complete record of all cases tried by them, with all the evidence, and will furnish a transcript thereof to any person having an interest in any proceeding thereon and desiring to appeal.

9. Provost marshals will use reasonable discretion in deciding all cases, but it must be borne in mind that the rights of all men are equal under the law. The time when one man can reap the fruits of another's labor is forever past in the United States, and no person in Georgia will be allowed to do any act tending to restore the old order of things.

10. Provost marshals will collect the money found due in all cases tried by them, and which has not been appealed, and pay it over to the person to whom it is due; and if any person or persons shall neglect or refuse to pay such accounts, the amount will be made by the sale of property.

11. In the absence of agents of the Freedmen's Bureau, provost marshals will supervise the contracts to be made for the year 1866, and approve such contracts as are equitable and liberal to the freedmen.

By command of Major-General STEEDMAN.

C. H. Grosvenor, Provost Marshal and Brevet Brigadier-General.

The election of delegates to the State Convention was held on October 4th. Universal harmony prevailed throughout the State. The people had apparently accepted the conditions imposed by the result of the war, and were desirous of a speedy readmission into the Union. At the public meetings candidates of talent and character were nominated, who were pledged to the repeal of the ordinance of secession, the abolition of slavery, and such amendments of the State Constitution as might be necessary under the new condition of affairs.

The Convention assembled at Milledgeville on October 25th, and was called to order by the Provisional Governor. More than two hundred and seventy delegates were present. The following oath was administered to the members:

You, and each of you, do solemnly swear, in the presence of Almighty God, that you will henceforth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; end that you will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion, with reference to the emancipation of slaves. So help you God.

Herschel V. Johnson, formerly a Senator at Washington, was chosen President of the Convention. James D. Waddell, an officer wounded in the Southern army, was chosen Secretary.

On the same day the Provisional Governor sent to the Convention a message relative to the affairs of the State. He stated that all the cotton belonging to the State had either been destroyed or its proceeds exhausted during the war. The railroads yielded no income, and all public institutions, educational and charitable, were ruined. The Penitentiary had been destroyed and its machinery carried off. Provision must be made for the confinement of criminals.

The Western and Atlanta Railroad, after having been, in the progress of the war, successively destroyed and rebuilt, fell into the hands of the Federal Government, which lately turned it over to the State, but in a most dilapidated condition. It would require half a million of dollars to make the repairs.

In order to prepare the State House for the reception of the Convention, money was privately borrowed from the citizens. The new Congressional apportionment reduced Georgia to seven Representatives. The appointment of Judges should be independent of the Executive.

A new organization of the Judiciary was needed, to secure independence and speed in the despatch of cases.

The public debt amounted to $20,813,525, of which $2,667,750 existed previous to the war, and $18,135,775 have been created during its continuance. That latter debt was not obligatory on the State, neither legally nor morally, as the purpose sought to be accomplished was unconstitutional.

Georgia, as a member of the late Confederate Government, has ceased to exist as a State, and Page 396 all her acts while in rebellion were null and void, and the Convention must prohibit any acknowledgment now, or hereafter, of the war debt. Slavery was abolished, and Georgia was called on to give earnest promises to the world that this institution will never be revived.

On the 26th the Convention commenced its work in earnest. The following ordinance, repealing that of secession, and ordinances connected therewith, was reported, and subsequently passed:

                                                       October 30,1866.

An ORDINANCE to repeal certain, ordinances and resolutions therein mentioned, heretofore passed by the people of the State of Georgia in Convention.

We, the people of Georgia, in convention at our seat of government, do declare and ordain that the ordinance adopted by (he same people in convention on the 19th day of January, a. d. 1861, entitled an ordinance to dissolve the union between the State of Georgia and other States united with her under a compact of government entitled the united States of America; also, an ordinance adopted by the same on the 15th day of March, in the year of our Lord aforesaid, entitled an ordinance to adopt and ratify the Constitution of the Confederate States of America, and also all ordinances and resolutions of the same adopted between the 16th day of January and the 24th day of March of the year aforesaid, subversive or antagonistic to the civil and military authorities of the Government of the United States of America under the Constitution thereof, be, and the same are hereby repealed.

 (Signed) HERSCHEL V. JOHNSON, President.

             Attest, J. D. Waddell, Secretary.

                     J. JOHNSON, Provisional Governor,

The passage of this ordinance was reported by the Provisional Governor to the President, by whom the following reply was despatched:

                                     EXECUTIVE MANSION.

                            WASHINGTON, D. C, October 28, 1865.

To James Johnson, Prov. Governor, Milledgeville, Ga.;

Your despatch has been received. The people of Georgia should not hesitate one single moment in repudiating every single dollar of debt created for the purpose of aiding the rebellion against the Government of the United States. It will not do to levy and collect taxes from a State and people that arc loyal and in the Union to pay a debt that was created to aid in taking them out and subverting the Constitution of the United States.

I do not believe the great mass of the people of the State of Georgia, when left uninfluenced, will ever submit to the payment of a debt which was the main cause of bringing on their past and present suffering, the result of the rebellion.

Those who invested their capital in the creation of this debt must meet their fate, and take it as one of the inevitable results of the rebellion, though it may seem hard to them.

It should at once be made known, at home and abroad, that no debt contracted for the purpose of dissolving the Union can or ever will be paid by taxes levied on the people for such purpose.

                                             ANDREW JOHNSON,

                                      President of the United States.

On the 28th an ordinance declaring the war debt void was referred. This ordinance met with much opposition, and was vigorously discussed. It was finally passed on November 7th by a vote ot one hundred and thirty-three to one hundred and seventeen. The following is a report of some further proceedings of the same day:

The committee of sixteen offered a series of resolutions of thanks to his Excellency the Governor ; also requesting him to forward a copy of all ordinances to the President, passed by this Convention. Adopted.

They also offered a memorial to the President, affirming that they had abolished slavery and complied with all the requirements, in order to become again a State with the rights and privileges of other States, desiring peace and harmony, and confiding in the good intentions of the President, etc.

Mr. Hill moved to recommit, so as to incorporate in the memorial the ordinance passed, declaring null and void the public debt.

Mr. Kenan saw no good reason why this should be done. Why place this in the memorial and no other? Why emblazon it to the world? and why tell President Johnson that we had by ordinance" repudiated the war debt of Georgia? We have had enough of telegrams from the City of Washington influencing this body. It was humiliating enough to pass the ordinance without incorporating it in this memorial. He hoped the measure would not prevail.

Mr. Hill replied: The President would not consider it humiliating to place this in the memorial that we had abolished slavery.

Mr. Kenan.—That was required. Mr. Hill.—The gentleman says that was required. Was not the measure spoken of required?

Mr. Kenan.—No, sir; in my opinion there has been no requisition.'

Mr. Hill read from the memorial.

Mr. Kenan said that these telegrams were received in other States, including Georgia, and nothing was said by the President requiring repudiation. He had a pardon in his pocket for himself, and nothing in that pardon requires him to forfeit by his vote the honor of Georgia. He was a Union man five years ago in this hall, and when Georgia seceded he went with her, and "so help me God, if I had my way, we to-day would have been a separate and distinct Government."

He did not tell President Johnson in order to get a pardon that he was a Union man. He stood upon his merits. He had heard of applications for special pardon at the White House because men were using the plea that they were Union men. One party used this plea to obtain a pardon, whilst near him stood a young man of 21 years. The question was asked the Union man, "What did you do?" "Oh, I am for the Union." "Did you fight for it?'' "No." Turning to the young man, "And you, sir, what have you done ? "Sir, I am a rebel, have fought for the South four years, received several wounds, and ask for a pardon." The President ordered his secretary to make out a special pardon for the young man, whilst the Union soldier was left out in the cold. No, sir, I will never shield any responsibility in the plea of Union.

The Convention also passed an ordinance dividing the State into seven Congressional districts, containing counties and population as follows: No. Counties. r. Population. 29 128,488 23 124,034 18 124,522 15 128.127 15 125,539 21 128.640 14 124,856 181 869,201

Another ordinance was adopted, directing an election for Governor, members of the State Legislature, and of Congress, to be held on November 15th. Page 397 A resolution was also adopted to appoint a committee of five to prepare a memorial to the President for the release of Jefferson Davis and others. This committee made the following report, which was adopted by the Convention:

                                          MILLEDGEVILLE, Ga., Oct. 30,1865.

To his Excellency Andrew Johnson, President of the United States:

The delegates of the State of Georgia, in Convention assembled, do earnestly invoke the Executive clemency in behalf of Jefferson Davis and Alexander H. Stephens, and of James A. Seddon, of Virginia; A. G. McGrath, of South Carolina; William Allison and David L. Yulee, of Florida, and H. W. Mercer, of Georgia, now confined as prisoners in Fort Pulaski, and of all other prisoners similarly circumstanced. Your Excellency has been pleased to restore Mr. Stephens to his liberty. He returns to the grateful people of his State as a solemn pledge of the magnanimity which rules the public councils, and his great name and influence will be potent to revive the amity of the past and to fructify the wise and generous policy which your Excellency has inaugurated. Emboldened by this example, impelled by the purity of our motives, and stimulated by the prayers of a numerous people, we appeal for clemency in behalf of the distinguished persons we have named. Restore them to liberty and to the embraces of their families, translate them from captivity to the light of freedom and of hope, and the gratitude of the prisoners will be mingled with the joyful acclamations which shall ascend to Heaven from the hearts of this people.

Mr. Davis was elevated to his high position by our suffrages and in response to our wishes. We imposed upon him a responsibility which he did not seek. Originally opposed to the sectional policy to which public opinion, with irresistible power, finally drove in, he became the exponent of our principles and the leader of our cause. He simply responded to the united voice of his section. If he, then, is guilty, so are we. We were the principals; he was our agent. Let not the retribution of a mighty nation be visited upon his head; while we, who urged him to his destiny, are suffered to escape. The liberal clemency of the Government has been extended over us. We breathe the air and experience the blessings of freedom. We therefore ask that the leader, who, in response to the democratic instincts of his nature, the principles of his party, and the solicitations of his section, became the head and front of our offending, shall not now be bruised for our iniquities or punished for our transgressions. Mr. Davis was not the leader of a feeble and temporary insurrection; he was the representative of great ideas and the exponent of principles which stirred and consolidated a numerous and intelligent people. This people was not his dupe. They pursued the course which they adopted of their own free will, and he did not draw them on, but followed after them. It is for these reasons that we invoke the Executive clemency in his behalf. His frame is feeble; his health is delicate —all broken by the storms of state. He languishes out in captivity a vicarious punishment for the acts of his people. Thousands of hearts are touched with bis distress. Thousands of prayers ascend to Heaven for his relief. We invoke in his behalf the generous exercise of the prerogative to pardon which the form and principles of the Constitution offer as a beneficent instrument to a merciful Executive. We ask the continuance of that career of clemency which your Excellency has begun, and which alone we earnestly believe can secure the true unity and the lasting greatness of the nation. Dispensing that mercy which is inculcated by the example of our great Master on high, your name will be transmitted to your countrymen as one of the benefactors of mankind. The Constitution of our country, renewed and fortified by your measures, will once more extend its protection over a contented and happy people, founded, as it will be, upon consent and affection, and "resting, like the great arch of the heavens, equally upon all." The memorial in favor of Mr. Davis truthfully reflected the sentiments of a very large majority of the people of Georgia. A stronger support was tendered to him in his adversity than he had received in the height of his power. Similar petitions relative to Jefferson Davis were prepared in several of the Southern States. An ordinance was also adopted which made it the duty of the Legislature to provide for the widows and orphans of the soldiers of Georgia who had perished, and for those soldiers who had been disabled. Another was passed, ratifying the acts of guardians, trustees, etc., during the war. The State Constitution was entirely revised and adapted to the changes in civil and social affairs. In this instrument the emancipation of the slaves was expressly recognized, and the Legislature required to make regulations respecting the altered relations of this class of persons. The instrument in its revised form was unanimously adopted by the Convention. The number of slaves in the State in 1860 was 462,198.

The Convention also adopted a resolution requesting the Provisional Governor to order the formation of one or more militia companies, to be organized in each county of the State, to act as a police force, under the approval of the President. On the subject the following despatch was sent from Washington to the Provisional Governor:

                                                             Washington, November 6,1865.

To James Johnson, Provisional Governor of Georgia:

The organization of a police force in the several counties, for the purpose of arresting marauders, suppressing crime, Ana enforcing civil authority, as indicated in your preamble and resolutions, meets with approbation. It is hoped that your people will, as soon as practicable, take upon themselves the responsibility of enforcing and sustaining all laws, State and Federal, in conformity to the Constitution of the United States.

                                                        ANDREW JOHNSON,

                                                  President of the United States.

 Subsequently the Governor issued the following proclamation:

EXECUTIVE OFFICE, PROVISIONAL GOVERMENT OF

Georgia, Milledgeville, November 21, 1865,

Whereas, The late Convention did ordain, that the Provisional Governor should provide for the formation of one or more volunteer companies in each of the counties of the State, to act as a police force, to suppress violence, to preserve order, and to aid tba civil officers in the enforcement of the laws, under such regulations as might be consistent with the United States: Now, therefore, I, James Johnson, Provisional Governor of the State, do hereby authorize and request the people of this State to organize, according to law, in each of the counties of this State, a volunteer company, for the purpose of aiding the civil authorities in the execution of law and the suppression of violence.

And it is hereby further declared, that such companies, when so formed and organized, shall be auxiliary and subordinate to the civil officers; that they shall arrest no person, and search the house of no person, without a legal warrant regularly issued by Page 398 some magistrate baring authority, and shall in no case inflict any punishment except by the judgment and direction pf a duly qualified civil officer, having jurisdiction of the offence.

And whereas, it is desirable to have uniformity in command, and that there should be no conflict between the military authorities of the State and the United States, it is further declared that said companies, when formed within their respective counties, shall be under the control and subject to the military commanders of the United States commanding the District; and for a violation of these regulations, and for any other offence committed, shall be tried and punished according to the rules prescribed for the government of the army of the United States.

Given under my hand and the seal of the Executive Department at Milledgeville, on this the 21st day of November, A. D. 1865.

                                                                JAMES JOHNSON,

                                                        Provisional Governor of Georgia.

Other ordinances and resolutions of local importance were adopted, and, after a session of thirteen days, the Convention adjourned. Previous to the adjournment, the following address to President Johnson was unanimously adopted:

To his Excellency, Andrew Johnson, president of the United States of America:

The people of the State of Georgia, now in Convention, having repealed all ordinances and resolutions, by them heretofore adopted, with a purpose to separate themselves from the United States, and to enter into another Confederacy, and having adopted a Constitution strictly republican, wherein the supremacy of the Constitution, constitutional laws, and treaties of the United States of America are distinctly affirmed, having therein recognized the emancipation, by the United States Government, of persons previously held as slaves in this State, and ordained in the fundamental law that neither slavery nor involuntary servitude (save as punishment for crime) shall here after exist in Georgia; and having, as they conceive, done all things necessary and proper on their part, to the full and complete restoration of their rights and privileges as a State, and as a member of the American Union, respectfully request that all needful executive and legislative measures be taken to effect such restoration as speedily as possible.

We, the delegates of the people, fully informed as to their purposes and desires, assure your Excellency that it is their fixed intention to perform their whole duty as citizens of the United States, that their desire is to live under the Constitution, in peace and harmony with the whole people, and to see sectional strife banished forever from the national councils.

We moreover express to you, sir, their entire confidence in your just and kind intentions toward them; and their anticipations of your conciliatory and trustful consideration of their acts and doings in this Convention.

The State officers and the members of a State Legislature were duly elected on November 15th, as provided by the Convention, and that body assembled at Milledgeville on December 4th. Nearly every county was represented on the first day of the session. An organization was at once effected, by the choice of William Gibson as President of the Senate, and Thomas Hardeman Speaker of the House. The President of the Senate, in his address to that body, said: "Having fought the war through and been conquered, we find the affairs of the State in a most deplorable condition; the whole system of labor sustained by our fathers through successive generations wholly destroyed, and the capital of the country thoroughly exhausted. But it becomes your duty 60 to frame your legislation that, upon the ruins of the old, a new system may arise which will contribute to the advancement of Georgia in wealth, prosperity, and power. In order that this system should prove effectual, we must bury our prejudices in the past; we must conciliate the views of those from whom we now widely differ, and with whom we lately stood in hostile conflict. Let us so shape our legislation that while we guard with the utmost caution our interests at home, we shall win the confidence of our late enemies, but, we trust, soon to be our friends of a common country, with a common fate awaiting us all."

The Provisional Governor having been instructed by the President to retain his office until further notice, sent a message to the Legislature, recommending the passage of the amendment of the Federal Constitution, a change in the manner of conducting the State railroad, and one or two other topics of a strictly local interest.

On the next day the amendment to the Federal Constitution, relative to slavery, was brought forward in the House, and, under the suspension of the rules, was passed without debate, and by an almost unanimous vote. The amendment was taken up in the Senate on the next morning and passed. The following despatches from the late Confederate Governor Brown and the Provisional Governor were immediately sent to the President:

MILLEDGEVILLE, Ga., December 6, 1865.

To his Excellency Andrew Johnson:

The Legislature has adopted the constitutional amendment, and will pass laws amply protecting freedmen in their rights of person and property, including their right to sue and be sued, and to testify.

                                                               J. E. BROWN.

                                     MILLEDGEVILLE, Ga., December 6,1865.

To his Excellency Andrew Johnson, President:

The constitutional amendment has passed each branch of the Legislature.

The House passed a resolution instructing the Judiciary Committee to report a bill to protect persons of African descent in their persons and property, and also to allow them to testify in cases in which they may be interested.

                                       J. JOHNSON, Provisional Governor.

To which the President replied as follows:

                                       WASHINGTON, December 8,1865.

James Johnson, Provisional Governor:

Your despatch received the 6th inst. Permit me to congratulate you and the Legislature on their action in adopting and ratifying the amendment of the Constitution of the United States abolishing slavery.

                         ANDREW JOHNSON, President United States,

The manner in which this despatch was received by the House, is thus described by a spectator: "This despatch was read amid profound silence and breathless attention; and the involuntary manifestation of mingled hope, disappointment, and relief which pervaded the whole house, and was expressed in every countenance, afforded a most remarkable and striking exemplification of the moral effect of the changed relation of our people to the national Government. Page 399 In their present position, misrepresented by enemies and misunderstood by friends at the North, members were in doubt as to what might be the purport of the despatch from the President of the United States; and when it was ascertained to be only a congratulatory recognition of their late action, the general feeling of relief was too manifest, to escape the notice of the most casual observer. I have not before so sensibly realized what it is to be a subjugated, conquered people. If many hoped and expected that the despatch brought the President's recognition of the reorganization of the State Government, with his authorization of its perfection, by the inauguration of the Governor elect of the people, not a few entertained apprehensions that the communication might be adverse and of more serious import. If the hopes of the first were disappointed, nevertheless all were relieved by the knowledge that nothing worse had come from Washington, and the evidence of that feeling at the close of the reading of the brief missive might have been discerned, not only in the expression of every countenance in that hall, but, as I imagined, by the freer respiration which followed."

On the 10th the Provisional Governor sent a despatch to Washington, asking to be relieved from his duties, and that the Governor-elect might be allowed to enter upon his office. The President sent the following in reply:

                                                      WASHINGTON, December 11.

J. Johnson, Provisional Governor:

The Governor-elect will be inaugurated, which will not interfere with the Provisional Governor. You will receive instructions in a few days with regard to being relieved. Why can't you elect a Senator? I would issue no commissions to members of Congress: leave that for the incoming Governor. We are under obligations to you for the noble, efficient, and patriotic manner in which you have discharged the duties of Provisional Governor, and you will be sustained by the Government.

                                              ANDREW JOHNSON, President.

The inauguration of Governor Jenkins took place on December 14th. In his address he presented the following views of the results of the war and the position of the freedmen:

In the recent remodelling of their Constitution, the people of Georgia have acknowledged the Constitution, laws, and treaties of the United States as the Supreme Law. This means something more than yielding of the contest, or an overture for restoration. It implies fidelity to the supreme law in all future legislative, executive, and judicial action, and in all future movement of the people en masse. It implies a recognition of duty to and interest in the whole country, as well as to and in the State of Georgia. It is of course predicated upon a reciprocal obligation on the part of those to whom this pledge is renewed.

The institution of slavery—the principal source of discord in the past—has been effectually eradicated from our social and political systems. It can never again disturb the harmony of our national deliberations, without which the Federal Union must be a curse instead of a blessing. If the whole people, repressing all promptings of sectional feelings and interest, will faithfully observe and obey the Federal Constitution, coming events may lift the veil which now covers recent demonstrations of Providence, and disclose to their rectified vision, in striking contrast, ruin caused by human folly and renovation wrought by divine wisdom.

Let not our people yield to discouragement, in view of the tardy progress of reconstruction, or of the suspicion and distrust so palpably manifested toward them. Sustained by conscious rectitude, let them maintain with calm and resolute dignity the position they have taken, and await the result. A tempest of unsurpassed fury has swept over the land. The elements do not subside into their normal quiet instantaneously with the lull of the wind, the sleep of the lightning, and the hush of the thunder. The smoke of a hundred battles does not vanish in a moment. But the atmosphere will clear ere long; those who cannot now see how men who recently fought with such desperation against the United states, can so soon become its real citizens, will then look at us through a rectified medium. It will occur to them that valor and truth are twin sisters, born of magnanimity, whose womb never did nor never will conceive treachery. They will then remember and appreciate the historical fact, that the State now returning never confederated against the United States, until each for herself had in open day, and in the hearing of all mankind, declared herself separate from that power. And although they will still hold that act wrong in principle and void in fact, they will find in it no taint of duplicity. They will look in vain through all the sanguinary traces of war for the trail of the serpent. In due time consistency will command confidence, and sincerity, like the diamond of the first water, will assuredly win its own recognition. Then our too suspicious judges will marvel less at our approved fealty, than at their own tardiness in discerning it.

Be the process of reconstruction long or short, when consummated, our attitude will and must be that of strict fidelity to the Union, of equality with our associates, and of dignity sustained by our inner sense of unviolated integrity.

Respecting the freedmen, he said:

It is undoubtedly true that during all the years of his enslavement he has been marvellously kind, profoundly content with his condition; and what snail be said of his deportment during the last half decade of sad memories? Whilst you strong men were in the tented field, far away from unprotected wives and children, he cultivated their lands, tended their households, and rendered all servile observances as when surrounded by the usual controlling agencies. And since the fiat of emancipation, which he neither forced nor implored, although sometimes unsettled in his purpose, and inconstant in his service by contract (the natural results of a transition so sudden and so thorough), I take you all to witness that in the main his conduct has been praiseworthy beyond all rational expectation. Tell me not of instances of insubordination ns a slave, and of indecorum as a freedman, that have transpired in certain localities or characterized particular individuals. These are exceptional cases, the general rule being quite otherwise. Do our own race render unvarying obedience to the mandates of law? Are our own offspring through the years of minority always subordinate to parental authority? Shall, then, the less cultivated African be held to a stricter accountability or be judged by a higher standard of moral rectitude? Tell me not the race is ungrateful. The assertion is against the truth of tradition and experience. I here declare that, in my judgment, their fidelity in the East, and their decorum under the distressing influences of the present, are without a parallel in history, and establish for them a claim upon our favoring patronage. As the governing class, individually and collectively, we owe them unbounded kindness, thorough protection, incentives by moral suasion, by appeals to their interest, and by just legal restraint to do right, that they may do well. Their rights of person and property should be made perfectly secure Page 400 be secure that they may realize their freedom and its benefits, and of it they should be encouraged and stimulated to make benefit. To this end the courts must be opened to them, and they must be allowed in the assertion and defence therein of the rights in civil and criminal cases, the testimony of their own race. As essential to their well-being, they should be guarded on the one hand against the crafty machinations of the designing, and on the other against the fatal delusion of social and political equality.

The condition of the State institutions, both charitable and educational, was represented as greatly depressed, and requiring the fostering care of the Legislature. The obligations of the State are comparatively small, and her future resources will be abundant.

On December 19th a despatch was sent to the Provisional Governor from the President, authorizing him to remit the conduct of the State affairs to the constitutional authorities. At the same time another despatch was sent to Governor Jenkins, informing him of the instructions to the Provisional Governor, and tendering to the former the cooperation of the Federal Government, if necessary, in the discharge of his duties. Governor Jenkins replied as follows:

 MILLEDGEVILLE, Geo., Dec. 22.

Hon. W. H. Seward:

I have the honor to acknowledge the receipt of your telegram of the 19th inst., together with a copy of a communication to his Excellency James Johnson, Provisional Governor of Georgia. Be pleased to tender to his Excellency the President my grateful return for his recognition of the position in which the people of Georgia have placed me, and assure him of my fixed purpose to observe and obey as well the Constitution of the United States as the Constitution of the State of Georgia. Express to him, also, my thanks for the offered cooperation of the Government of the United States in effecting the earliest restoration and permanent prosperity of the State. Upon this cooperation our people build earnest hopes ot a speedy return to their suspended relations with the oilier States of the Union.

                                   I have the honor to be,

                       Very respectfully, your ob't servant,

    CHARLES J. JENKINS, Governor of Georgia.

The Legislature subsequently passed a resolution regulating contracts with freedman, and another regulating the mode of taking their testimony. This latter act makes free persons of color competent witnesses in civil cases where like persons are defendant, and in criminal cases where the offence is against the property or persons of freedmen. It provides also that where freedmen are the plaintiff and defendant, they may make and file any affidavit now allowed to citizens, which shall have the same force as if they were whites. N. 0. Barnwell was elected Secretary of State; John Jones, State Treasurer; and J. A. Burns, Comptroller General. On the 15th of December the Legislature adjourned to the 15th of January, 1866.

LOUISIANA. At the commencement of the year, Louisiana was under the State Government previously organized by the cooperation of General Banks, which extended its control to the verge of the military lines. At the same time the military occupation continued unchanged. New Orleans, with adjacent important positions, were held by this occupation. Nevertheless, the State within these limits was treated practically as a restored portion of the United States. Under the call for troops issued by President Lincoln in December, 1864, a draft was ordered to take place in the Department of the Gulf, by Major-General E. K. S. Canby, on February 15th. This was the day fixed for the draft in all Northern States. The quotas assigned were as follows: Parish of Orleans and Jefferson, 4,148; St. Charles, 53; Ascension, 45; East Baton Rouge, 118; Lafourche, 176; Terrebonne, 163; St. Mary, 54; Assumption, 65; St. Bernard, 42; Plaquemine, 76; Plaquemine, left bank, 48; St. James (not announced), —; St. John Baptiste (not announced),—; Dis. of Southern Ala., 81; Dis. of West Florida, 90; Dauphin Island, 29.

In order to facilitate the draft, these parishes and districts were formed into Districts as follows: 1st. Parish of Orleans, Jefferson, St. Charles, and Ascension; 2d. Parish of Lafourche, Terrebonne, St. Mary, and Assumption; 3d. Parish of East Baton Rouge, St. John Baptiste, and St. James; 4th. Parish of St. Bernard and Plaquemine; 5th. District Southern Alabama, West Florida, and Dauphin Island.

Enlistments made between the date of the order and that of the draft were credited on the quota, and the bounties provided by law were paid. "Drafted men became soldiers in the service of the United States, by the fact of their names having been drawn in the draft. The notification served upon them by the Provost Marshal's Department is an announcement of the fact, and an order for them to report for duty at a designated time and place. And any person failing to report, after notice is left at his last place of residence, or served on him, unless relieved by proper authority from the requirements of the draft, is pronounced by law a deserter; he may be arrested, held for trial by court-martial, and sentenced to death."

Such were the words of Major-General Hurlbut, in his order issued January 17th, to carry out the provisions of the order No. 4, of General Canby, issued January 8th, above mentioned. All the conditions and stipulations established in the Northern loyal States, were in full force in Louisiana. Deserters from the enemy were not to be drafted; and if enlisted, they were to be assigned to regiments serving on the Indian frontier. On the day appointed the draft took place in New Orleans for the number of men deficient. The speedy close of the war, however, removed any occasion for their services in the field. The number of men from the Page 509 State in the Federal armies was about forty thousand.

On September 6, 1864, an election of five members of Congress was held, as stated in a previous volume, and the persons so chosen proceeded to Washington, in order to take their seats at the commencement of the session. The first election of members of Congress subsequent to the outbreak of the war was held in December, 1862, in consequence of instructions from President Lincoln to General Butler. Messrs. Hahn and Flanders were elected, and took their seats by the action of the House on February 9, 1863, and their term of office expired on March 4th ensuing. Subsequently, in October, an address appeared in the Hew Orleans newspapers to the "citizens loyal to the Government of the United States." Under the direction of the parties from whom this address proceeded, it was claimed that an election of members of Congress took place in some parishes, and persons appeared in Washington as duly elected members. Two were present at the election of Speaker of the House, and one of them nominated General F. Blair as a candidate. They voted for Clerk, and one then resigned or retired. The other remained, and compensation was voted to him by the House. But they were not recognized as members after the organization. The next election was held on September 4, 1864, as above stated. The members elect presented themselves for admission to seats, and in February, 1865, a majority of the committee to whom the credentials of the applicant from the First District was referred reported in favor of admission. The committee state the facts which preceded the election, and say: "This election depends for its validity upon the effect which the House is disposed to give to the efforts to reorganize a State Government in Louisiana, which have here been briefly recited. The districting of the State for representatives, and the fixing of the time for holding the election, were the act of the convention. Indeed, the election of Governor and other State officers, as well as the existence of the convention itself, as well as its acts, are all parts of the same movements."

It was urged as an objection to the validity of these measures, that they neither originated in, nor followed any preexisting law of the State or nation. To which the committee reply, that in the nature of the case, neither a law of the State nor nation to meet the case was a possibility. And in the absence of any such legal form prepared beforehand in the State, and like absence of power on the part of the General Government, under the delegated powers of the Constitution, it followed that the power to restore a lost State Government in Louisiana existed nowhere, or in "the people," the original source of all political power in this country. The people, in the exercise of that power, cannot be required to conform to any particular mode, for that presupposes a power to prescribe outside of themselves, which it has been seen does not exist. It follows, therefore, that if this work of reorganizing and reestablishing a State Government was the work of the people, it was the legitimate exercise of an inalienable and inherent right, and if republican in form is entitled not only to recognition, but to the "guaranty " of the Constitution. The committee then inquire how far this effort to restore constitutional government in Louisiana has been the work of the people. They say: "The evidence before the committee, and all the information they could obtain, satisfied them that the movement which resulted in the election of State officers, the calling of a convention to revise and amend the Constitution, the ratification of such a revisal and amendment by a popular vote, and the subsequent election of representatives in Congress, was not only participated in by a large majority, almost approaching to unanimity, of the loyal people of the State, but that the loyal people constituted a majority of all the people of the State." They also add, that from all the facts, they find that the election was held under the auspices of a new State organization which had arisen from the ruins of the old, in as much conformity to law as the nature of the case would permit. This report was not acted upon by the House. But Congress by an act appropriated money to defray the expenses of those representatives elect. A question really existed in Louisiana as to the validity of the election of September 5, 1864, when the Constitution was adopted and members of the State Legislature and representatives to Congress chosen. It was asserted that persons had opportunities to vote who had no legal right to vote, and that such persons did vote; that there were men in the Legislature not elected by the people, whose votes were necessary to make up a quorum. The Legislature which assembled soon after the election, held a long session devoted exclusively to local affairs. That the statements of illegality were justified, would seem to be evident from the following proclamation of the acting Governor on May 3d:

Whereas, according to an official statement of J. Randall Terry, late Register of Voters in and for the city of New Orleans, made to me under date of March 6, 1885, nearly five thousand persons are registered as voters on the books of said office who did not possess the qualifications required by law to become voters in this State; and whereas, it is made my duty to see that the laws are enforced; and whereas, the only way in which the elective franchise can be purified and the rights of the citizen be protected against these illegal votes is by a new registration of the names and residences of all the qualified electors of the city of New Orleans—an inconvenience which every good and law-abiding citizen will cheerfully submit to, for the sake of the end to be accomplished;

Now, therefore, I do issue this my Proclamation, declaring the old books of the Register of Voters for the city of New Orleans to be closed from this date, and the registration of all persons contained therein, as well as all certificates issued by virtue of said records to persons, conferring on them the right to vote, to be null, void, and of no effect from and after the present date. Page 510

I do further proclaim, and hereby authorize the Register of Voters in and for the city of New Orleans, to open a new set of books, to commence on the first day of June, 1865, for the registering of all voters in and for the said city, in accordance with the qualifications prescribed by the Constitution and Laws of the State, and of which this proclamation will be considered as giving due notice.

Given under my hand and seal of the State, at the city of New Orleans, this 8d day of May, a. d. 1865, and of the year of the independence of the United States the eighty-ninth.

                                                        J. MADISON WELLS.

This order led at once to a difficulty between General Banks and the acting Governor. The registry set aside was made under an order of the former, and many persons registered were reported to be negroes.

On March 4th, Governor Hahn resigned his office, and was succeeded by the Lieut.-Governor Wells. Governor Hahn had been elected by the Legislature as a Senator to Congress, at Washington. The new Governor delivered a brief address, and was followed by Major-General Hurlbut in a speech, which thus described the condition of the portion of the State in military possession:

Now a few words about your State. Let me call your attention to this fact: the resources of this State are infinitely reduced by the casualties of war. The commerce, whoso innumerable wheels used to vex the turbid current of the Mississippi, has passed away—the result of war. Plantations which used to bloom through your entire land, until the coast of Louisiana was a sort of a repetition of the garden of Eden, are now dismantled and broken down. Trade, commerce, every thing, crippled. Crippled, remember, in every instance where this has occurred, as the natural result of that deadly poison of secession which this people unwisely received and unwisely acted on. With all these things, this newly organized State of Louisiana has to confront difficulties such as never beset any community of men before. You have to create almost out of nothing. You have to make revenues where the taxable property of the State is reduced almost two-thirds. You have to hold the appliances and surroundings of government, and maintain them. All this you have to do out of a circumscribed territory and a broken-down country. Hence there is eminent practical wisdom in the suggestion contained in the address you have just heard, that the most rigid and self-denying economy should be exercised in all these relations which you hold to your fellow-citizens. Gentlemen, let me give you a few facts. The United States supports to-day 14,000 poor people here in the city of New Orleans. The same United States—this same military authority—is maintaining and keeping up to a great extent nearly every charity which belongs to the city or State. The levees, on which the life of your country depends, which from local causes cannot be repaired by the civil authorities, must be attended to by the United States, and the sum of $160,000 is being laid out now by the United States for the purpose of preventing this delta of the Mississippi from being subject to overflow. Now, in view of this state of things, if you desire to take these matters off the hands of the General Government, look to it well that you have the means to carry out the necessities of the times, and the power to compel observance.

The close of the war soon followed. Paroled prisoners in large numbers returned to their homes. All under certain grades were restored to citizenship who took the oath of amnesty prescribed by the President. The Confederate Governor, Allen, who had located the seat of his government at Shreveport, in the western part of the State, issued, on June 2d, an address to the people of the State, in which he declared that his administration as Governor of Louisiana closed on that day. He said: "The war is over, the contest is ended, the soldiers are disbanded and gone home, and now there is in Louisiana no opposition whatever to the Constitution and laws of the United States." All the Confederate State officers in its various departments rendered their final accounts, and made full settlements with Governor Allen, who transferred all important records to the care of the Federal military authorities.

On June 10th, Governor Wells issued the following address:

STATE OF LOUISIANA. EXECUTIVE DEPARTMENT,

New Orleans, June 10,1863.

To the People of the Parishes of Saint Tammany, Washington, Saint Helena, Livingston, West Baton Rouge, Pionte Coupee, Saint Martin, Concordia, Madison, Carroll, Franklin, Saint Mary, East Feliciana, West Feliciana, Tensas, Vermilion, Saint Landry, Lafayette, Calcasieu, Avoyelles, Natchitoches, Sabine, Caddo, Ouachita, De Soto, Rapides, Morehouse, Union, Jackson, Caldwell, Catahoula, Claiborne, Bossier, Bienville, and Winn:

I extend to you my heartfelt congratulations on your being restored to the protection of the flag of our country, the symbol of law, order, and freedom, and which now waves in majestic power over an undivided nation. Our once wealthy and fertile State, now bankrupt and desolation the ravages of intestine war, resumes her natural relations (which have been temporarily disrupted) within the glorious Union of the States, united by the bonds of universal freedom and ties that can never be dissevered. It is not my purpose to rake up the ashes of the past, by inquiring who has erred and who has not erred in the fearful struggle the nation has just passed through. Whatever may have been the causes of the outbreak, and however bitter may have been the feelings engendered in the hearts of some, it is better that all such matters be buried out of sight forever. It is not the past, but the present ana future, we have to deal with. Great ana responsible duties rest upon every citizen at this crisis, to manfully go to work and assist in the reestablishment of civil government. In that connection it is a most cheering sign to see the spirit of submission to the laws, and willingness to acquiesce in the result, manifested by those so recently engaged in hostility to the Government. Even the gotten return to their homes wiser and better men, frankly owning to the failure of their experiment, and all expressing a desire to atone for the errors of the past by cheerful obedience to the Government, and glad again to enjoy its beneficent rule. You, mv friends and fellow-citizens—for I esteem it a privilege to call you so—must follow in the footsteps of so good an example. You must go to work to organize civil government in your respective parishes. Sheriffs, recorders, clerks of courts, and police jurors, will have to be appointed provisionally, until elections can be held to fill these offices as provided by law. You must confer among yourselves, and select men of integrity and capacity to fill these positions. I will act on your recommendations by appointing the persons named by you, if they are men of proper character, and have taken the oath prescribed in the President's proclamation of the 8th of December, 1863, or that of the 29th of May, 1864. This will be prerequisite in all cases, the original or certified copy of which oath must be transmitted with the application for appointment. It is also my intention to organize the Judiciary throughout the State by appointing, provisionally Page 511 Judges of the District Courts and District Attorneys, as soon as practicable. The former class of officers are made appointive by the Executive under the new Constitution for a term of six years, and I invite recommendations from you as to who shall fill those offices, as also District Attorneys.

I cannot urge upon you too strongly the importance of your acting promptly and with unanimity in the matters herein brought to your notice. If you neglect to avail yourselves of the opportunity offered you, I shall be compelled to make appointments to office for your section, from the best information in my possession, and you cannot blame me if they are not acceptable to you. Important elections will be held this fall. Members of Congress and a Legislature will have to be elected; and if each parish is provided with proper officers to open the polls, an election for Governor and other State officers, according to the new Constitution, will take place at the same time.

While the population of that portion of the State which has been so fortunate as to enjoy the protection of the strong arm of the General Government sooner than other sections (and for which they are not entitled to any merit of their own), in order to hasten the restoration of civil government in the State, have adopted a new Constitution and elected a Legislature which has passed laws; yet I feel authorized to say, that it was with no intention of forestalling or denying your rights to participate in the making of the fundamental, as well as all other laws.

In conclusion, I assure you that no one is more anxious to have the whole State represented in all general elections, and particularly for the office of Governor, than myself.

J. MADISON WELLS,

Governor of Louisiana.

This proclamation was followed by a local reorganization in nearly all of the parishes. Considerable discussion subsequently took place on the validity of the existing Government of the State. It was created by the Constitution prepared in convention, in 1864. On the ono hand, it was urged against the validity of the Constitution, that the first article in the creed of American republicanism was that a State Constitution is the written embodiment of the people's will, expressed in the most authentic form. To make it valid, the voters throughout the State must have an opportunity to be represented in the convention which frames it. A form of government imposed upon a State, no matter how, unless it springs from the will of a majority of its voters lawfully expressed, is not "a republican form of government," such as the United States is bound by its Constitution to guarantee to each State. But the people of the State, as a people, had nothing to do with framing or adopting the Constitution of 1864. It was therefore without a legal sanction, and the government under it a provisional de facto government, resting on force as a necessary consequence of the revolutionary state of things in which it had its birth, but to be obeyed and respected as a de facto government until it could be replaced by a government of constitutional law. On the other hand, it was urged that the civil business of the State had been transacted under the Constitution of 1804 for a year or more; two sessions of a recognized Legislature had been held; laws had been enacted and put iu force in accordance with that Constitution; a Governor had been elected and was in authority under its provisions. Its first article provided for the abolition of slavery in a formula that had subsequently been inserted in many State Constitutions. It also contained a provision, by a short method, for amendment. Furthermore, every thing was then in a train for a speedy resumption of civil rule in all portions of the State. As soon as the anomalous position under the military authority ceased, every portion of the State Government could be effectually organized, and the first fruits of civil administration would be at once apparent. To this it was replied, that the formation of another Constitution by a convention was the path to restoration pointed out by President Johnson. The Constitution of 1864 had been tried in Congress, and found wanting. The fact that more of the people may have voted under it, than did for it, could give it no higher validity than it had before, for no other choice had been offered to them.

On September 21st Governor Wells issued a proclamation, declaring that an election would be held in every parish in the State on November 6th, for the choice of a Governor, Lieutenant-Governor, Secretary of State, Treasurer, Attorney-General, and Superintendent of Public Education; also Representatives in Congress; also State Senators in place of those whose term of office had expired, and also Representatives to the Legislature. For the guidance of public officers, and for the information of the voters, the Governor annexed the following qualification of voters as established by law:

Every white male who has attained the age of twenty-one years, and who has been a resident of the State twelve months next preceding the election and the last three months thereof in the parish in which he offers to vote, and who shall be a citizen of the United States, shall have the right of voting.

In addition to the foregoing qualification, every elector is required to produce the amnesty oath prescribed in the President's proclamation, either of the 8th of December, 1863, or that of the 29th of May, 1865, sworn to and subscribed by him before competent authority:

"I do solemnly swear or affirm, in the presence of Almighty God, that I will hereafter faithfully defend the Constitution of the United States and the Union of the States thereunder, and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God."

This oath is imperative on and after the 29th day of May, 1865, and will be rigidly enforced. It will be understood, at the same time, that those who are excluded from the benefits of this amnesty oath, by any of the list of exceptions contained in the proclamation, will not be allowed to vote unless specially pardoned by the President.

In all other respects the election will be conducted in accordance with law, which is the same as under the Constitution of 1852, and returns will be promptly made to the Secretary of State.

On October 2d a Democratic Convention was held at New Orleans to nominate candidates for State officers; ex-Governor Robert C. Wickliffe was elected temporary chairman. On taking Page 512 his seat, the chairman proceeded to say that he would be false to himself and his country if he were not to say that this was the proudest moment of his life. He saw upon the walls the device of "Welcome all"—forget all differences, all past animosities, and assemble once more under the Constitution of the United States. The temporary chairman was duly appointed permanent chairman. Twenty-one parishes were not represented. Governor J. M. Wells was unanimously nominated by the convention, and the following series of resolutions adopted:

Whereas, The National Democratic party of the State of Louisiana, in general convention assembled, fully recognizing the fact that the issue, which for the last four years has tried the strength of the United States Government, was made openly, manfully, and honorably, and that the decision having gone against them, and,

Whereas, We have now come forward in the same spirit of frankness and honor to support the Federal Government under the Constitution. Therefore,

Resolved, That we give our unqualified adhesion to the National Democracy of the United States, and that we recognize that party as the only agent by which radicalism can be successfully met, and this Government restored to its pristine purity and vigor.

Resolved, That we emphatically approve of the views of President Johnson with regard to the reorganization of the State Governments of the South, whereby the rights of the respective States are kept unimpaired, and in consequence of which these States are to regulate their institutions as freely and with the same guarantees and privileges as are enjoyed by any other State in the Union.

Resolved, That we hold it to be a cardinal rule of action, both under the General and State Constitutions, to exclude from the field of politics all religious questions and controversies, recognizing in each and every one the right to a full and free exercise of his religious opinions and tenets.

Resolved, That we hold this to be a Government of white people, made and to be perpetuated for the exclusive benefit of the white race; and in accordance with the constant adjudication of the United States Supreme Court, that people of African descent cannot be considered as citizens of the United States, and that there can, in no event, nor under any circumstances, be any equality between the white and other races.

Resolved, That while we announce emphatically our opinion that the Constitution of 1864 is the creation of fraud, violence, and corruption, and is not in any sense the expression of the sovereign will of the people of Louisiana, and while we believe that it should be repudiated and abolished as speedily as it can be done legally, yet, as the Government organized under it is a de-facto Government, and the only de facto Government in the State of Louisiana; as the election about to be held is called under that Constitution, by an officer holding his position under that Constitution; as the recognition of Governor J. Madison Wells by the President, Andrew Johnson, is to that extent a recognition of that Constitution and of the Government organized under it, and as this convention has no right to make or alter constitutions or forms of government, we, therefore, recognize it as the existing Government, but recommend the calling of a convention of the people of the State at the earliest practicable period, for the purpose of adopting a Constitution expressing the wilt of the entire people of the State.

Resolved, That the institution of slavery having been effectually abolished in the Southern States, we consider it our right to petition Congress for compensation for all losses sustained by the emancipation policy.

Resolved, That we will use all the means in our power to favor a return to the economical administration of the finances of the Government and the full and entire payment of its just liabilities.

Resolved, That we advocate the repeal of all ordinances and laws found to have been passed in Louisiana, and which are not in harmony with the Constitution and laws of the General Government, and which are not the deed of bodies constituted by the people at large.

Resolved, That we advocate a levee and labor system, and recommend the immediate adoption of such laws and means as will most effectually relieve the planters and people at large.

Resolved, That considering it consonant with the chivalrous magnanimity of the Chief Executive at Washington, and due to a large number among the people in general, we most earnestly and strongly appeal for an early general amnesty and prompt restitution of property; assured that there by impending total ruin will be averted and the domestic tranquillity of the Southern States successfully insured.

Resolved, That we invite all law-abiding citizens who agree with us upon the measures and principles above enumerated, without distinction of nationalities, to join us in our opposition to the Radical Republican party, whose tendency and aim are to centralize and consolidate a Government on the ruins of our State institutions.

Previously, on September 9th, the committee of those designated as National Conservative Union, issued an address, in which they say:

There have been recently organized in this city: First, a party calling itself the "National Democratic," which advocates the ignoring of our present Constitution, and the organization of the State under that of 1852; and secondly, another, assuming the title of the Conservative Democratic," opposed also to our present Constitution, but favoring a new Convention. Both of these appeal to old and deeply-rooted prejudices, a yielding to which, at this time, would be certain to imperil the welfare of the State, and delay beyond any possibility the admission of our Representatives into the next Congress of the United States. In addition to these, there is the Radical Republican faction, which advocates negro suffrage and a new ) Convention. Between these extremes stands the National Conservative Union party, opposing the extension of the elective franchise to the negro, the calling of a new Convention as unnecessary, and recognizing the existence and validity of the Constitution of 1864, as the organic law of this State. This instrument, though framed by a Convention, in which "the people of the State were not wholly represented," is yet aligned in the interests of the whole State.

The same committee called a Convention, to assemble on October 9th. The Convention thus called was organized by the appointment of H. Fuselier as chairman, and adopted the following platform:

Whereas, The National Conservative Union party of Louisiana (now assembled in Convention in accordance with Governor Wells's proclamation of election), believes that the opportune period has arrived whom it behooves the good people of this State to come together in a spirit of conciliation, brotherhood, and compromise for the purpose of resuming the relations severed by the secession ordinance of 1861;

And whereas, the National Conservative Union party of Louisiana desires that our State should resume, as soon as possible, her relations with the National Government, and accept in good faith the result of the war as overthrowing all the political theories which led to it; therefore, be it Page 513

Resolved, That the National Conservative Union party of Louisiana pledges itself to support by all means in its power the Union of these States under the Constitution of the United States.

Resolved, That this Convention recognizes the result of the issues lately dividing the North and South as final and beyond appeal, and that it proudly hails the restoration of Federal authority over the national domain as a triumphant vindication of our republican form of government.

Resolved, That the gratitude and admiration of the country are eminently due to President Andrew Johnson, for the firmness, patriotism, and lofty conservatism which he has displayed in his administration of national affairs; that we regard his reconstruction policy as wise, clement, and conciliatory, affording the people of the South an opportunity to show themselves prepared to fill the part of good and loyal citizens; and that it now becomes the duty of all so to avail themselves of it as to give him no cause to regret his magnanimity.

Resolved, That the allegiance of every American citizen is primarily due, under the Constitution, to the Government of the United States, and that we repudiate the doctrine that any State can dissolve her constitutional relations to the Union except by successful revolution.

Resolved, That we hereby declare our inflexible opposition to the payment of any debt or liability contracted or incurred by any civil or military authority in this State, in furtherance of the war waged against the authority and Government of the United States.

Resolved, That we deem it just and proper that all liabilities incurred by the Government, in the restoration of peace and national unity, should be promptly and honorably liquidated by a system of taxation, uniform in its provisions and bearing equally upon all parts of the country.

Resolved, That we cordially endorse the action of our Conservative friends in the Northern States in their manly opposition to the spread of radical principles, and to the elevation of the African upon a footing of political equality with the white man.

Resolved, That we will maintain the right of suffrage as now established by the Constitution of this State, restricting the elective franchise to the white race alone.

Resolved, That we will favor the establishment of just and equitable laws for the regulation of labor and the fostering of the agricultural interests of this State, a thorough and efficient levee system, and an economical administration of the State government.

Resolved, That we urgently advocate the speedy issuing of a general amnesty, and the repeal of the confiscation law.

Resolved, That regarding, as we do, the Constitution of the United States as the palladium of our liberties, we shall steadily oppose any and every attempt to ostracize any citizen, either on account of his nativity or of his religious opinions.

Resolved, That we most cordially recommend to the next Legislature the passage of a general law for the relief of those who have resided outside of the lines of Federal occupation in this State, and who have been compelled to pay taxes to the officers claiming authority therein.

Resolved, That we earnestly appeal to all conservative loyal citizens of this State, who desire a speedy restoration of our full rights in the Union of States, to unite with us in the support of the candidates of the National Conservative Union party. The Convention also nominated Governor "Wells for reelection. , At the same time the friends of the late Confederate Governor, Allen, issued the following:

For Governor—The friends of ex-Governor Henry Watkins Allen, anticipating his immediate return home,  hereby announce him as a candidate for Governor of the State of Louisiana, at the ensuing November election.

Governor Wells, who had been nominated by both conventions, had been formerly a Red River planter, and manifested his devotion to the Union cause by coming within the Federal lines after they were established, and bringing his slaves with him, and thereby emancipating them. He addressed a letter of acceptance to the President of the National Conservative Convention, in which he thus explained his position:

I have also received' the platform adopted by the Convention. After carefully reading the same, I am pleased to acknowledge the conservative character and conciliatory spirit that pervades the platform. According to my understanding, there is no material difference in its principles and those adopted by another convention, whose nomination I have already accepted. Both platforms are in unison with the principles, liberal measures, and harmonizing policy of the National Executive, whose lofty patriotism and efforts to uphold the Constitution are fully endorsed. In accepting the nomination, which I do, of the National Conservative Union party, I therefore consider that I can consistently do so on the platform of principles adopted by both conventions and without compromising either.

I am not a party candidate, according to the strict meaning of that term. Heretofore I have acted irrespective of all party trammels. I am warranted in believing that I am indebted to my official record and acts for the high and unusual honor conferred on me in being chosen as their candidate by two conventions from the people, acting under different party names, but both, I am happy to believe, having the same patriotic purpose in view, to wit: the true welfare of the State, and to support the Constitution of the United States and the Union of the States thereunder.

All the other candidates on the separate tickets were different individuals. At the election which was held in November, the number of votes cast was 27,808, of which Governor Wells received 22,312, and ex-Governor Allen 5,497. The total vote of the State in 1860 was 50,510. The Democratic ticket for members of the Legislature was successful in every county except one.

On November 13th the Radical Republicans held a mass meeting in New Orleans, at which resolutions were passed claiming the election of H. O. "Warmouth as their delegate to Congress from the Territory of Louisiana, in part by the votes of colored persons, amounting to 19,000; also declaring the State organization repugnant to the Federal Constitution; and show that the State Government has been made repugnant to the Federal Constitution, both in law and in effect; therefore it was apparent to all parties that the President of the United States could not restore it by proclamation. That the State could only be restored in the constitutional way by petitioning Congress for admission whenever a majority of the whole people deem it expedient so to petition. That the temper of a majority of the white voters, nine-tenths of whom were disloyal, rendered it inexpedient at this time to apply to Congress for admission. That even in the face of this condition of things Page 514 in Louisiana, they rejoice that the Republican party everywhere, in the recent Northern elections, triumphed, and that this pointed to ultimate success. That their hope was in Congress; that the premature admission of Senators and Representatives from Louisiana would be disastrous, and place them under rebel rule. That, as loyal citizens, they will resort to all peaceable means for redress and for securing the right to life, liberty, and the pursuit of happiness.

On November 23d the Legislature assembled at New Orleans, in an extra session called by the Governor. His message was confined chiefly to local topics which required the attention of that body. He said that it was necessary the State should be fully represented in Washington. For this purpose it was requisite that two Senators should be elected in time to reach Washington at the opening of Congress. The Governor thus repudiated an election of Senators which was made at the session of the Legislature at the beginning of the year. At a joint session of both Houses, presided over by Lieutenant-Governor Wells, Governor Hahn and R. King Cutler had been elected United States Senators—the former to fill the vacancy caused by the withdrawal of Judah P. Benjamin, and the latter by that of John Slidell. Twenty-five Senators and seventy-nine members of the House were present. The Governor further called attention to the finances of the State, to the system of labor, to immigration, and to the educational and charitable institutions of the State—the condition of which was generally very unfavorable. The interest on the public debt had not been discharged for some years. One of the first movements in the Assembly of the Legislature was the appointment of a committee, to whom was referred a resolution providing for the call of a convention to draft a State Constitution. With this resolution were also referred a number of others, following in the lead of the original one. A majority and minority report were made by the committee, which are important as showing the embarrassing division of sentiments in the State. The majority report assumed in the preamble that the Constitution of 1864 was the creation of fraud and violence, declared the necessity of inquiring into the expediency of a new election of delegates to a convention; stated that great doubts existed as to the mode of revising the Constitution; advocated the submission of the subject to the people, so that they might have an opportunity to act on republican principles. Whether the Legislature would ratify or reject the Constitution of 1864, they should do all in their power to relieve the people of their necessities, and alleviate the pressure of evils under which the State labored. The report specified the means by which the question Convention or no Convention should be submitted to the people; required the Governor to issue his proclamation based on the same grounds as the late election to the General Assembly; advocated the placing of two ballot-boxes at each poll, in which the electors should vote for or against the Convention, and make choice of delegates to that Convention at the same time: in one ballot-box should be voted the ticket Convention or no Convention; in the other delegate tickets were to be voted. The returns were to be made in conformity with the above programme. The minority report recognized the Constitution of 1864 as binding. Since the condition precedent to a restoration in the rights, immunities, and privileges of the Union, is the abolition of slavery, the ratification of the constitutional amendment, the repeal of the ordinance of secession, it was incumbent on the Legislature to enact laws to that result. But the Constitution of 1864 had already accomplished this end. The Constitution in question provides in Art. 146 for the manner in which amendments may be made, and the report advocated the amendment to the existing Constitution in place of its eradication; it was held that this mode was by far the cheapest of the two, for a new Convention necessarily involved another large outlay of funds. The gist of the minority report was that there was no necessity for calling a Convention. The consideration of the reports was postponed to a future day. Meanwhile, on the next ay, December 6th, the Assembly passed a resolution to proceed on the same day to the election of United States Senators, in which the Senate concurred. It was objected that this action would be an indirect approval of the Constitution of 1864. In reply it was said, that Messrs. Hahn and Cutler had applied in vain to Congress for admission, and new Senators should therefore be elected. The result was, the choice of Messrs. Randall Hunt and Henry Boyce as Senators. The question of calling a Constitutional Convention was finally postponed to the regular session in January, 1866. At this session bills were passed "to provide for and regulate labor contracts for agricultural pursuits;" "relative to apprentices and indentured servants;" and "to punish in certain cases the employers of laborers or servants." the status of freedmen was declared to be the same as the free negroes in Louisiana have always enjoyed under the laws, thereby admitting their right to sue and be sued, to plead and be impleaded, to own, possess, establish ownership, and have their property defended by the courts, but prohibiting them from voting or participating at elections. A bill was also passed appropriating $20,000 as a fund for the relief of disabled soldiers.

The proposed amendment to the Federal Constitution was brought up, for the purpose of setting at rest the doubt as to its passage by the Constitution of 1864, and as due to President Johnson and in unison with his policy. It was adopted by a vote of two to one in the Assembly, in the following form:

Page 515

Resolved, therefore, by the Senate and Howe of Representatives of the State of Louisiana in General Assembly convened, That the aforesaid proposed amendment of the Constitution of the United States be, and the same is hereby ratified and adopted, with the express understanding that in the sense of the General Assembly, the power granted to Congress by the second section of the foregoing amendment, is strictly limited to legislation appropriate and necessary for the prevention and prohibition of slavery or involuntary servitude within the United States, or any place subject to their jurisdiction, and that any attempt on the part of Congress to legislate otherwise upon the political status or civil relations of former slaves within any State, would be a violation of the Constitution of the United States as it now is, or as it will be, altered by the proposed amendment.

The extra session closed on December 22d, by adjournment to the first day of the regular session.

A Bureau of Free Labor, the predecessor of the Freedmen's Bureau, was in operation at Now Orleans at the commencement of the year. It had exercised supervision over the freedmen in the military lines during the previous year. The labor year terminated on February 1st, whom laborers were allowed to select their places of employment for the ensuing year— one-half the wages earned was also payable at that time. The lessee system of Government plantations, owing to a want of military protection, had generally been a failure. A system of military occupation for the protection of planters was introduced by General Canby with more success, and a system of regulations of free labor adopted by the Federal Treasury Agent under whose general charge the freedmen were placed. It was a kind of Freedmen's Code, since set aside by the instructions of the National Bureau. During the year 1864, fifteen hundred plantations were worked by fifty thousand freedmen under the supervision of a Federal agent, who reported that on not more than one per cent, of the plantations would the laborers fail to receive their full wages. At the close of hostilities, stringent orders were issued by General Herron in northern Louisiana, requiring the freedmen to remain on the plantations until the crops were secured, otherwise they would be arrested as vagrants. The freedmen, generally, believed that at the close of the year there would be a division of property, and they would be able to live in comfort and idleness. In vain the Federal officers endeavored to convince them of the falsity of this opinion, or to induce them to renew their contracts. In their view, the master had been stripped of every thing except his lauds for their benefit, and there was no reason why these should not be taken also. A degree of demoralization ensued which presented an unfavorable aspect for crops in the ensuing year. In the State, there were one hundred and forty-one schools for freedmen, attended by nineteen thousand scholars. The amount of school tax paid by the blacks of New Orleans was reported at $40,000.

The results of confiscation in New Orleans were thus reported:

Government has in fact made very little by its confiscations of 1863-64.

The defaulting quartermaster here turned over $75 as the total net proceeds of the sales of all the splendid Paris-made furniture, gold and silver plate, and an infinitude of valuable things which were taken from the houses of rich absentees and registered enemies of New Orleans; and Judge Durrell of the United States District Court says that the net proceeds of the confiscation sales of the property adjudged to the United States in his court will not exceed $100,000. This includes such properties as the eight hundred valuable city lots of John Slidell, with many a splendid store and family residence upon them. Harpies, who have done nothing but make money out of both parties during the war, profit by confiscation, the Government does not.

About eighty plantations, comprising some of the finest sugar estates in the country, were held by the Freedmen's Bureau as liable to confiscation.

In June, the Chief Justice of the United States being in New Orleans, was invited to address an assembly of blacks, to whom he made the following reply:

NEW ORLEANS, June 6, 1865

GENTLEMEN: I should hardly feel at liberty to decline the invitation you have tendered me, in behalf of the loyal colored Americans of New Orleans, to speak to them on the subject of their rights and duties as citizens, if I bod not quite recently expressed mv views at Charleston in an address, reported with substantial accuracy, and already published in one of the most widely circulated journals of this city. But it seems superfluous to repeat them before another audience.

It is proper to say, however, that these views, having been formed years since, on much reflection, and confirmed in new and broader application by the events of the civil war now happily ended, are not likely to undergo, hereafter, any material change.

That native freemen, of whatever complexion, are citizens of the United States; that all men held as slaves in the States which joined in rebellion against the United States, have become freemen through executive and legislative acts during the war; and that these freemen are now citizens and consequently entitled to the rights of citizens, are propositions which, in my judgment, cannot be successfully controverted.

And it is both natural and right that colored Americans, entitled to the rights of citizens, should claim their exercise. They should persist in this claim respectfully but firmly, taking care to bring no discredit upon it by their own action. Its justice is already acknowledged by great numbers of their fellow-citizens, and these numbers constantly increase.

The peculiar conditions, however, under which these rights arise, seem to impose on those who assert them peculiar duties, or rather special obligations to the discharge of common duties. They should strive for distinction by economy, by industry, by sobriety, by patient perseverance in well-doing, by constant improvement of religious instruction, and by the constant practice of Christian virtues. In this way they will surely overcome unjust hostility, and convince even the most prejudiced that the demand to them ot any right, which citizens may properly exercise, is equally unwise and wrong.

Our national experience has demonstrated that public order reposes most securely on the broad base of universal suffrage. It has proved also that universal suffrage is the sure guaranty and most powerful stimulus of individual, social, and political progress. May it not prove, moreover, in that work of reorganization which now engages the thoughts of all patriotic men, the best reconciler of the most Page 516 comprehensive lenity with the most speedy and certain revival of general prosperity

                     Very respectfully yours,     S. P. CHASE.

Messrs. J. D. Rudanee, L. Golls, and L. Banks, Committee.

The loss of the State on the Confederate side of the conflict was severe. Of fifteen thousand men in the army of General Lee, in Virginia, only six hundred were reported as remaining.


Source: The American Annual Cyclopaedia and Register of Important Events of the Year, 1861-1865, vols. 1-5. New York: Appleton & Co., 1868.