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 4: South Carolina through Virginia

SOUTH CAROLINA. The invasion of this State by General Sherman, the fall of the capital, Columbia, and other towns, and the evacuation of Charleston, and its occupation by the Federal forces, are stated under Army Operations, to which title the reader is referred. The city of Charleston was placed under martial law by Lieut.-Colonel Bennett in command, and the advance of Sherman caused all the military force in the State to be collected in front to resist him. No further military operations of importance took place in the State; and when the armies of Lee and Johnston surrendered, the control of the Federal military power was complete. The people were prompt to resume the pursuits of peace, and ready to renew their allegiance to the Federal Government. On May 8th the Confederate Governor of the State, Magrath, issued a proclamation to the civil officers, requiring them to return to Columbia, the capital, and reopen their offices. But on the 15th General Q. A. Gillmore, who was in command of the department, issued another proclamation, forbidding all persons from paying any attention to the orders of Governor Magrath, or to similar proclamations of the Governors of Georgia and Florida, which States were within his department. He added:

The policy and wishes of the General Government toward the people of these States, and the method which should be pursued by them in resuming or assuming the exercises of their political rights, will doubtless be made known at an early day. It is deemed sufficient, meanwhile, to announce that the people of the black race are free citizens of the United States; that it is the fixed intention of a wise and beneficent Government to protect them in the enjoyment of their freedom and the fruits of their industry; and that it is the manifest and binding duty of all citizens, whites as well blacks, to make such arrangements and agreements among themselves for compensated labor as shall be mutually advantageous to all parties. Neither idleness nor vagrancy will be tolerated, and the Government will not extend pecuniary aid to any persons, whether white or black, who ore unwilling to help themselves.

District and post commanders throughout this department will at once cause this order to be circulated far and wide, by special couriers and otherwise, and will take such steps to secure its enforcement as may by them be deemed necessary.

Federal troops were stationed at various towns of the State to preserve order, and affairs continued in this shape until June 30th, when President Johnson appointed Benjamin F. Perry as Provisional Governor. The proclamation was similar to the one issued on the appointment of the Provisional Governor of Alabama. (See Alabama.) Page 758

This was followed, on July 31st, by a proclamation from Governor Perry, which may be summarily stated as follows:

He proclaims that all civil officers in South Carolina, who were in office when the civil government of the State was suspended in May last (except those arrested or under prosecution for treason), snail, on taking the oath of allegiance prescribed in the Presidents amnesty proclamation of the 29th day of May, 1865, resume the duties of their offices, and continue to discharge them under the Provisional Government till further appointments are made.

And further, that it is the duty of all loyal citizens to go promptly forward and take the oath of allegiance before some magistrate or military officer of the Federal Government, who may be qualified for administering oaths, and such are authorized to give certified copies thereof to the persons respectively by whom they were made.

And such magistrates or officers are hereby required to transmit the originals of such oaths as early as possible to Washington.

And that the managers of elections throughout the State will hold an election for members of a State Convention at their respective precincts, on the first Monday in September next, according to the laws of South Carolina in force before secession, and that each election district in the State shall elect as many members of the Convention as the said district has members of the House of Representatives—the basis of representation being population and taxation. This will give one hundred and twenty-four members to the Convention—a number sufficiently large to represent every portion of the State most fully.

Every loyal citizen who has taken the amnesty oath, and not within the excepted classes in the President's proclamation, will be entitled to vote, provided he was a legal voter under the Constitution as it stood prior to the secession of South Carolina. And all who are within the excepted classes must take the oath and apply for a pardon, in order to entitle them to vote or become members of the Convention.

The members of the Convention thus elected on the first Monday in September next, are hereby required to convene in the city of Columbia on Wednesday, the 18th day of September, 1865, for the purpose of altering and amending the present Constitution of South Carolina, or remodelling and making a new one, which will conform to the great changes which have taken place in the State, and be more in accordance with republican principles and equality of representation.

And that the Constitution and all laws of force in South Carolina prior to the secession of the State, are made of force under the Provisional Government, except wherein they may conflict with the provisions of this proclamation. And the Judges and Chancellors of the State are required to exercise all the powers and perform all the duties which appertain to their respective offices, and especially in criminal cases. It will be expected of the Federal military authorities now in South Carolina, to lend their authority to the civil officers of the Provisional Government, for the purpose of enforcing the laws and preserving the peace and good order of the State.

And further, he calls upon the good and lawful citizens to unite in bringing to justice all disorderly persons who are wandering about without employment or any visible means of supporting themselves.

This was also followed by a proclamation by General Gillmore, announcing the appointment and proclamation of Governor Perry, and ordering all persons in the military service of the United States to assist the Governor in carrying out the objects of his proclamation, and to abstain from hindering or impeding in any way the Union people of the State from the organization of a State Government. Provost marshals and their assistants were designated as the only military persons entitled to administer the amnesty oath.

The election for members of the Convention was held on the first Monday of September, and characterized by great propriety and order. The vote in the city of Charleston was about one-third of that usually cast before the war. Citizens well known, and who had been in office before, were elected by an overwhelming majority over those on the "Union" ticket. Of the twenty members elected in the city, only one had been a secessionist before the war; the others had been Unionists or cooperationists.

A conflict between the civil and military authorities had existed from the first appointment of the Provisional Governor. It was finally ended by an understanding between the Governor and the commanding general—by an agreement that in all cases relative to freedmen and persons of color the courts of provost marshals should have exclusive jurisdiction, and that the civil courts should be opened under the provisional Government, and all civil and municipal officers be allowed to resume their official duties without interruption from the military authorities.

On September 13th the Convention assembled in the Baptist church at Columbia, and organized by the election of D. L. Wardlaw as President. Several measures, as preparatory to business, were adopted. Ex-Governor F. Pickens offered the following an ordinance, which was ordered to lie on the table:

We, the Delegates of the People of the State of South Carolina, in General Convention met, do ordain. That the ordinance passed in convention, 20th of December, 1860, withdrawing this State from the Federal Union, be and the same is hereby repealed. The fortunes of war, together with the proclamations of the President of the United States and the generals in the field commanding, having decided that domestic slavery is abolished; therefore, under the circumstances, we acquiesce in said proclamations, and do hereby ordain implicit obedience to the Constitution of the United States, and all laws made in pursuance thereof.

On the next day Governor Perry sent an address to the Convention. In it he acknowledged the death of slavery, and advised the wise, just, and humane treatment of the freedmen, by which they may become as strongly attached to the whites as while they were slaves. Legislation was required to regulate the relative duties of employer and employed. The Governor suggested changes in the State Constitution, making it more popular and republican in form. It had been the reproach of South Carolina that it was less so than any' other State in the Union. He was opposed to extending suffrage to the freedmen in their present ignorant and degraded condition, considering it as little less than folly and madness. He contended that this is a white man's Government and the white man's only; that the Supreme Court had decided that negroes were not citizens, and that each State had the unquestionable right to decide for herself who shall vote.

Page 759 He suggested the election of Governor, members of Congress and Legislature, and Presidential electors directly by the people, and that the Legislature should be elected and convened in season to order an election for Congressmen before the first Monday of December. The future, he said, will be bright. As long as civilization continues, this great republic will flourish and increase in numbers, wealth, and grandeur, and in less than ten years we shall realize in the loss of slavery a blessing in disguise to ourselves and our children. He notified the Convention of the reëstablishment of the civil law and courts.

In relation to the colored troops, he said:

It is a source of congratulation to know that the colored troops, whose atrocious conduct has disgraced the service and filled the public mind with the most horrible apprehensions, have been withdrawn from the interior of the State, and are to be placed in garrisons on the coast, where they can do no further mischief. In all my personal interviews with the President, and in all my despatches to him, I urged this course most earnestly. The white troops are, I believe, doing their duty beneficially to the country, in preserving the peace and good order of the State. It is thought that their presence among us for some time yet will be necessary, in order to enforce the relative duties of the freedmen and their employers.

The Convention was in session fifteen days. In that time it adopted resolutions rescinding the act of secession, abolishing slavery, correcting the parish system of representation, extending to the people further political privileges in the right of elections, and recommending to the Legislature to pass such laws as shall contribute to the interests of the State and of all the States. A new State Constitution was formed and adopted. It declared "all power is originally vested in the people, and all free governments are founded on their authority, and are instituted for their peace, safety, and happiness." "With regard to the slaves, it said: "The slaves in South Carolina having been emancipated by the action of the United States authorities, neither slavery nor involuntary servitude, except for crime, whereof the party shall have been duly convicted, shall ever be reestablished in this State." Representation in the Legislature is placed upon the joint basis of the amount of all taxes raised and the number of white inhabitants in each election district. The taxes are to be assessed on the actual value of property. The viva voce vote is substituted in the General Assembly for the suffrage by ballot. The term of the office of Governor is extended to four years. He is to be elected by the people, and possesses a veto and pardoning power. The administration of justice is to be conducted by Superior and Inferior Courts to be organized by the Legislature. An Inferior Court is to be located in each judicial district, and to be specially charged with the trial "of all civil cases wherein one or both of the parties are persons of color, and of all criminal cases wherein the accused is a person of color." The qualification for suffrage is unchanged, except, as to aliens, no freehold is required. The question of the competency of the colored race as witnesses, was in a measure considered. The following resolution was offered in the Convention, and referred to a committee:

Resolved, That hereafter colored persons and negroes shall be permitted to testify in all the courts of the State, in all cases where the rights of persons or of property of such persons may be concerned. The committee reported the following ordinance: We, the People of the State of South Carolina, by our Delegates in Convention met, do declare and ordain, and it is hereby declared and ordained, That hereafter colored persons shall be permitted to testify in all the courts of this State in all cases where the rights of persons or of property of persons of that class are involved. A resolution was then offered, that the General Assembly should prescribe such rules of evidence and modes of trial as might be necessary. A debate ensued, in which all were agreed upon the cardinal point that some legislation was necessary to provide for the admissibility of the testimony of the freedmen into the courts, but they differed as to the mode in which such legislation should be effected and the proper time for making it. A special commission of two was appointed to investigate the subject, and report to the Legislature. The following letter was received by the Provisional Governor from the Secretary of State at Washington:

DEPARTMENT OF STATE, WASHINGTON, Sept 29,1865.

To his Excellency B. F. Perry, Provisional Governor of the State of South Carolina, Columbia.

Sir: I have had the honor to receive, and submitted to the President, your letter of August 28th, in which you state, "I desire to be instructed as to my duty after the State Convention of South Carolina shall have formed a State Constitution abolishing slavery and popularizing the organic laws of the State. It is probable that the Convention will provide for the election of members of the Legislature and the election of Governor by the people on the second Monday in October." And in which you solicit answers to the questions: "When these elections have taken place is it my duty to convene this new Legislature as Provisional Governor, or are my functions at an end when the new State Government is organized? How long shall I continue to act as Provisional Governor? Do my functions continue until the State is admitted back into the Union?"

In reply, I have the honor to inform you that the President does not think it now necessary to anticipate events. He will expect you to report proceedings and events as they occur in South Carolina, carefully and freely, for the information of this Government. In any case you will continue to exercise the functions heretofore vested in you by the President until you shall be relieved from that duty by his express orders to that effect.

Congratulating yon upon the favorable aspect of events your State, I have the honor to be your Excellency’s obedient servant,

WILLIAM H. SEWARD.

The Convention passed resolutions approving of the measures of President Johnson, and appointed a committee to visit the President relative to granting amnesty to Jefferson Davis, Page 760 Governor Magrath, and Mr. Trenholm, and adjourned.

In October an election was accordingly held for Governor and Lieutenant-Governor, and members of both houses of the Legislature. The candidates for Governor were James L. Orr and Wade Hampton. The total vote, the first ever given in the State for a Governor, was 18,885, of which Mr. Orr's majority was 667.

The Legislature assembled at Columbia on October 25th, and the Provisional Governor addressed a message to them. He said, that although his appointment was made several months after that of the other Provisional Governors, South Carolina was then as far advanced in the plan of reconstruction as any other State. By restoring those who were in civil office at the suspension of the civil government, he greatly expedited the reconstruction. This measure was objected to by the military authorities, but he was sustained by President Johnson.

He alluded to the new Constitution as popular and democratic, inspiring the people with more zeal and energy in developing the talent and resources of the State. He recommended fostering internal improvements, commerce, and manufactures, and the encouragement of foreign immigration. The State should not be dependent, as heretofore, on the "Western States for horses, mules, cattle, hogs, bacon, lard, and beef, nor on the Northern States for furniture, agricultural implements, and clothes. They should raise, grow, and make every thing themselves. Now that slavery was abolished, labor was made more honorable, as well as more necessary.

Immediate provision must be made for the protection by Government of the freedmen. This is expected by the President and Congress, and such measures should be adopted as to remove all pretext for military rule.

The electors for President and Vice-President of the United States should be chosen by the people. An early day should be fixed for the election of members of Congress. Should those members elected be in Washington, with then credentials, when the clerk calls the roll, they cannot be excluded any more than those from Massachusetts. No man in South Carolina can take the test oath without perjury. It is not the policy of the President to enforce this, and he believes it will not be the policy of Congress.

He recommended the issuing of State bonds, selling them to pay the State debt, so as to avoid the present taxation. The reorganization of the militia is urged, the Secretary of State at Washington having given assurances that as soon as the State government is organized, all the troops will be withdrawn. He recommended also the reestablishment of the South Carolina College on the university system, and the reopening of the Citadel Academy for cadets. He opposed any act looking to a repudiation of the State debt. In conclusion, he asked them to look only to the future and not to the past.

A question soon arose in the Legislature aa to the legality of any acts which they might pass. The Constitution required all bills to be signed by the Governor if he approved them, before they could become laws. But in this case there was no Governor to sign the bills. A special committee, to whom the consideration of the difficulty was referred, reported that, in their opinion, "it is competent for the General Assembly to consider and pass bills which may be submitted to the Constitutional Governor after he is qualified."

On the 27th the two commissioners appointed under the authority of the State Convention, to prepare and report to the Legislature what laws were rendered necessary and proper in consequence of the alterations in the state of affairs, made their report. The topics treated of were the domestic relations of persons of color, including those of husband and wife, parent and child, guardian and ward, and master and apprentice, the contracts for service, the regulations of labor on farms, the rights of the employer as" between himself and his servant, the causes of discharge of a servant, the rights of the employer as to third persons, the rights of the servant as between himself and employer, the rights of servants as to third persons, the duties and obligations of house servants and others not in husbandry, the forms of contract, the rights and duties of mechanics, artisans, and shopkeepers, the eviction of servants, and the regulations for paupers, vagrancy, and idleness. Bills preliminary to the legislation induced by the emancipation of slaves, to establish district courts, and to amend the criminal law, accompanied the report. The commissioners were D. L. Wardlow and Armistead Burt. The matter of the report became the subject of much debate at a later period of the session.

On the 7th the Provisional Governor sent the House the following message containing a correspondence with the authorities at Washington:

EXECUTIVE DEPARTMENT OF SOUTH CAROLINA,

                                                                  November 7,1865.

To the Honorable the Senate and House of Representatives:

Gentlemen-: I had the honor of receiving from the President of the United States the following telegraphic despatch on the 28th October last:

To B. F. Perry, Provisional Governor of South Carolina:

Your last two despatches have been received, and the pardons suggested have been ordered.

I hope that your Legislature will have no hesitation in adopting the amendment to the Constitution of the United States abolishing slavery. It will set an example which will no doubt be followed by the other States, and place South Carolina in a most favorable attitude before the nation. I trust in God that it will be done. The nation and the State will then be left free and untrammelled to take that course which sound policy, wisdom, and humanity may suggest.

(Signed)                                    ANDREW JOHNSON,

                                            President of the United States.

Three days afterwards I received the following telegram from the President, dated Washington, October 31,1865. To Benjamin F. Perry, Provisional Governor: There is a deep interest felt as to what course the Legislature will take in regard to the adoption of the amendment to the Constitution of the United States abolishing slavery, mi

Page 761 the assumption of the debt created to aid in the rebellion against the Government of the United States. If the action of the Convention were in good faith, why hesitate in making it a part of the Constitution of the United States? I trust in God that the restoration of the Union will not be defeated, and all that has been so far well done thrown away. I still have faith that all will come out right, yet This opportunity ought to be understood and appreciated by the people of the Southern States. If I know my own heart and every passion which enters it, it is my desire to 'restore the blessings of the Union, and tie up and heal every bleeding wound which has been caused by this fratricidal war. Let us be guided by love and wisdom from on high, and Union and peace will once more reign throughout the land.

                                                               ANDREW JOHNSON.

To these telegraphic despatches I replied that the war debt of South Carolina was very inconsiderable; that our whole State debt, at this time, was only about six million dollars. That this debt was mostly incurred anterior to the war, in constructing railroads and building a new State House, with an old debt of long standing. That we had assumed no portion of the Confederate debt, and were responsible in no way for it. The expenditures which the State hod incurred up to a certain period had all been settled and refunded by the Confederate States.

I stated that South Carolina had abolished slavery in good faith, and never intended or wished to restore it; that the Legislature was then considering a wise, just, and humane system of laws for the government and protection of the freedmen in all their rights of person and property, and that there was no objection to the adoption of the proposed amendment to the Federal Constitution, except an apprehension that Congress might, under the second section of that amendment, claim the right to legislate for the negro after slavery was abolished. I likewise stated that no official notice had ever been received bv the Legislature of the proposed amendment to the Constitution of the United States.

In reply to this despatch I received yesterday the following telegram from the Secretary of State, dated

                                              WASHINGTON, November 5,1865.

To his Excellency B. F. Perry, Provisional Governor:

Your despatch to the President, of November 4th, has been received. He is not entirely satisfied with the explanation it contains. He deems necessary the passage of adequate ordinances declaring all insurrectionary proceedings in the State unlawful and void ab initio.

Neither the Constitution nor laws direct official information to the States of amendments to the Constitution submitted by Congress. Notice of the amendment by Congress abolishing slavery was, nevertheless, sent by the Secretary of State at the time to the States which were then in communication with this Government Formal notice will immediately be given to those States which were then in insurrection.

The objection which you mention to the last clause of the constitutional amendment is regarded as querulous and unreasonable, because that clause IS really restraining in its effects, instead of enlarging the power of Congress.

The President considers the acceptance of the amendment by South Carolina as indispensable to a restoration of her relations with the other States of the Union.

(Signed)                                                William H. SEWARD.

This formal notice of the proposed amendment to the Constitution of the United States has not yet been received. When it is, I will communicate the same to you. The amendment may be seen in the Acts of the last Congress, and is in these words:

"Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.

"Section 2. Congress shall have power to enforce this Article by appropriate legislation." (Approved, February 1, 1865.)

A few days since I addressed a communication to Mr. Seward, Secretary of State, by mail, in which I repeated and enlarged on the views previously expressed to the President in reference to the objections which were entertained in South Carolina to the proposed constitutional amendment. I am happy to find that the Secretary of State does not regard those objections as well-founded, but considers them "querulous and unreasonable.'* It is true that a plain, honest construction of the language of the amendment would be that slavery was abolished in the United States, and that Congress should simply enforce it. 'When this was done their legislation would be ended. They could not attempt under the authority given by this amendment to pass laws for the government of the freedmen in their free state. The Attorney-General of the United States and the President have both been understood as concurring in this opinion. It would, therefore, be well, in adopting the proposed amendment, to place on record the construction which had been given it by the Executive Department of the Federal Government.

It is manifest from the earnest, eloquent, and patriotic terms in which the President has urged the adoption of this amendment, that he regards, as he says, "all that South Carolina has done, and so well done, as thrown away, unless the amendment is accepted by the Legislature."

The Secretary of State is still more explicit in his language. He says: "The President considers the acceptance of the amendment by South Carolina as indispensable to a restoration of her relations with the other States of the Union." The reason why this exaction is made of the Southern States, after they have abolished slavery, is, that they might, otherwise, at some future day, change their Constitution and restore slavery in "defiance of the Federal Government. You, gentlemen, have, at this time, the destiny of the State in your hands, and I feel assured that you will act calmly and dispassionately with a view to the peace, happiness, and well-being of South Carolina.

I addressed a communication to the Secretary of the Treasury at Washington a few days since, urging that in case the Legislature should assume the payment of that portion of the direct tax for which South Carolina is liable, that the Federal Government should receive her bonds for the same, or suspend the collection of the tax for the present year, would advise the immediate assumption by the State of her portion of the direct tax, which is about three hundred and sixty-six thousand dollars. This will relieve the people from the immediate payment of it to the Federal tax collectors, and enable the State to make some arrangement in reference to it with the Treasury Department or Congress.

In my communication to the Secretary of State I urged the propriety of withdrawing the colored troops from the interior of the State to the forts on the sea-coast, and requested that white troops might for the present be retained in Charleston, Georgetown, and Beaufort.

I have forwarded the resolution you sent me the other day, in reference to the school-houses in Charleston, to General Howard, and asked that they might be restored to the proper authorities. I made the same request in regard to the Military Hall in Charleston.

(Signed)                                            B. F. PERRY.

Again, on the 18th, the Provisional Governor sent a message to the Legislature, with a copy of the amendment of the Federal Constitution. The message was as follows: Executive Department, South Carolina, November 18,1865.

To the Honorable the Senate and House of Representatives:

GENTLEMEN: I have the honor of communicating to you the promised notice of the Secretary of State of the United States of the proposed amendment to the Federal Constitution abolishing slavery.

In the last message which I had the honor of sending you, I gave copies of the several communications which had passed between the President and the Page 762 Secretary of State and myself on this subject. You will remember that the construction to which this proposed amendment of the Federal Constitution was liable, and which made it objectionable to South Carolina, was entirely repudiated by the Secretary of State. I stated, too, in that message that the President and the Attorney-General of the United States were understood as concurring in the construction given to the second section of the amendment by the Secretary of State. I know that it will give you the greatest pleasure imaginable to do all that you can consistent with your honor and duty to the State to restore her once more to self-government and civil liberty, to peace and harmony, and to happiness and prosperity in the Union of States.

There can hardly be a doubt that this amendment will be adopted by three-fourths of the States, although you should refuse to accept it, and will become a part Of the Federal Constitution. This consideration alone should lessen very much your responsibility in acceding to it, on the part of South Carolina, whilst it increases very much the evil and danger in rejecting it to the State.

In respect to what I have said in my last message to you, the destiny of the State is in your hands for woe or for weal, and I have an abiding confidence in your judgment and wisdom, and in your honor and patriotism.

I would remind you also of all that President Johnson has so nobly done for the Southern States, and that it is he who appeals to South Carolina in the name of God "not to throw away all that has so far been well done and defeat the restoration of the Union," but to be "guided by love and wisdom from on high, and Union and peace will once more reign through the land."

                                                       B. F. PERRY.

The resolutions by which the constitutional amendment was adopted were as follows:

Resolved, therefore, by the Seriate and Route of Representatives of the General Assembly of the State of South Carolina, in General Assembly met, and by the authority of the same. That the aforesaid proposed amendment of the Constitution of the United States be and the same is hereby accepted, adopted, and ratified by this State.

Resolved, That a certified copy of the foregoing preamble and resolution be forwarded by his Excellency, the Provisional Governor, to the President of the United States, and also to the Secretary of State of the United States.

Resolved, That any attempt by Congress toward legislating upon the political status of former slaves or their civil relations, would be contrary to the Constitution of the United States as it now is, or as it would be altered by the proposed amendment; in conflict with the policy of the President declared in his Amnesty Proclamation, and with the restoration of that harmony upon which depends the vital interests of the American Union.

These were passed in the Senate by a vote nearly unanimous, and in the House by yeas 74, nays 28.

The Legislature appointed a day for the election of members of Congress, made some progress in the adoption of the measures reported by the commissioners, and adjourned from the 13th to the 25th of November.

The following despatch was sent by the President relative to the presence of the members of Congress at Washington:

                                          WASHINGTON, November 27, 1865.

To B. F. Perry, Provisional Governor:

I do not think it necessary for the members elect for South Carolina to be present at the organization of Congress. On the contrary, it will be better policy to present their certificates of election after the two Houses have organized, which will then be a simple question, under the Constitution, of the members taking their seats. Each House must judge for itself the election returns and qualifications of its own members. As to what the two Houses will do in reference to the oath, now required to be taken before the members can take their seats, is unknown to me; and I do not like to predict. But, upon the whole, I am of opinion it would be better for the question to come up and be disposed of after the two Houses have been organized. I hope that your Legislature will adopt a code in reference to free persons of color that will be acceptable to the country, at the same time doing justice to the white and colored population.

                                          ANDREW JOHNSON, President.

The Legislature, after a short recess, reassembled on November 25th. Soon after meeting, the Provisional Governor sent a message to both Houses. He stated that he had been ordered to remain in authority until otherwise directed from Washington, but he should recognize the Governor elect and make his communications through him. The English bondholders had proposed "that the whole of the arrears and the dividends to January, 1867, inclusive, should be funded into a bonded debt, carrying the same rate of interest as the bonds or stocks on which the arrears have accrued; that a sinking fund shall be established (accumulative) of two per cent, per annum, which on a live per cent, stock will pay off the debt in twenty-five and three-quarter years, and on a six per cent, stock in twenty-four years.

He further stated that the bonds of the South Carolina Railroad, amounting to $2,000,000, endorsed by the State, would fall due in January, and no provision had been made for their payment. The early inauguration of the new Governor was urged, that he might sign the commissions of members of Congress elect. On the 29th, the Provisional Governor, in a farewell address, took leave of the Legislature, and Governor Orr was inaugurated. In his address, the newly-elected Governor said:

The war has decided, first: That one or more of the States of the Federal Union have not the right, at will, to secede therefrom. The doctrine of secession, which was held to be orthodox in the State Rights school of politics, is now exploded for any practical purpose. The theory of absolute sovereignty of a State of the Federal Union (from whence was derived the right to secede), which was believed almost universally to be a sound constitutional construction, must also be materially modified to conform to this imposing decision. In all the powers granted in the Constitution to the Federal Government, it is supreme and sovereign, and must be obeyed and respected accordingly. Where the rights of a State are disregarded, or unconstitutional acts done by any department of the Federal Government, redress can no longer be sought by interposing the sovereignty of the State, either for nullification or secession; but the remedy is by petition or remonstrance; by reason, which sooner or later will overtake justice; by an appeal to the supreme judicial power of the Union; or by revolution, which, if unsuccessful, is treason.

The decision was far more imposing and obligatory than if it had been pronounced bv the Supreme Court of the United States. Had it been tried there, an effort to reverse it might have been made, because its members and opinions often change. But the Page 763 God of Battles has pronounced an irreversible judgment, after a long, desperate, and sanguinary struggle, and it would be neither politic nor patriotic ever again to invoke a new trial of the fearful issue.

The clemency which President Johnson has so generously extended to many of our citizens, in granting full and free pardon for participation in the late revolution, does honor to his statesmanship and to his sense of justice. He is the ruling power of a great and triumphant Government, and by his policy will attach by cords stronger than "triple steel" the citizens of one entire section of the Union to that Government which he has so long and so ably supported and maintained. He was well acquainted with the South—with her politics and politicians, arid knew, however erroneous in his judgment may have been their political principles, that they honestly entertained the sentiments which they professed, and for which they perilled their all; and after failing in their end, when they proposed to return to their loyalty, that humanity und policy dictated that they should not be hunted down for ignominious punishment.

I shall give his policy pf reconstruction an earnest and zealous support.

The war decided, second: That slavery should be totally and absolutely exterminated in all the States of the Union. The Convention of this State, with singular unanimity and promptness, accepted the result of the issue made, and declared in the fundamental law " that slaves having been emancipated by the action of the United States authorities, slavery should never be reestablished in this State."

The Legislature elected two Judges of the Court of Appeals, D. L. Wardlaw and John A. Inglis. The most important acts during the remainder of the session, of general interest, related to the public debt and to the freedmen. A communication from the Provisional Governor, through Governor Orr, to the Legislature, stated that he had received two weeks previous a despatch from Secretary Seward, in the following words: "Upon reflection, South Carolina would not care to come again into the councils of the Union encumbered and clogged with debts and obligations which had been assumed in her name in a vain attempt to subvert it. The President trusts that she will lose no time in making an effective organic declaration disavowing all debts and obligations made or assumed in her name or behalf in aid of the rebellion. The President awaits further events in South Carolina with deep interest." In reply, the Provisional Governor said that it was Impracticable to make any such organic declaration, as the State Convention had been dissolved after having done all that the President had requested to be done; that the war debt was a very small one, and could not be separated from the ordinary current expenses of the State; that South Carolina had been refunded by the Confederate States a large portion of her expenditures on account of the war; and that no one in the State had any right to complain of being taxed to pay this debt, as they were all guilty in incurring it. He further said that the estates of widows and orphans had been invested in this debt, as the safest investment which could be made for them, and that it would now be great injustice to this innocent and helpless class to disavow the debt.

Mr. Seward replied that while the objections were of a serious nature, the President could not refrain from awaiting with interest an official expression upon the subject. The Legislature referred the matter to a committee, who reported in favor of the appointment of a special committee to investigate, ascertain, and report at the next session. The Legislature also passed resolutions endorsing President Johnson's reconstruction policy, and further declaring that "all opposition to the General Government had permanently ceased in this State." The total debt of the State was $6,068,080, redeemable at various periods.

But the great concern of the State at this time was the accommodation of labor to its agricultural interests. For this purpose it intrusted to a commission of two the duty of suggesting a code to the Legislature at this session. This commission made an extended report, as has been stated, for the regulation of labor and the protection and government of colored persons. Although the subject was largely discussed, final action was not taken during the sessions of the year. Some of the more important provisions of the report possess considerable interest. Persons of color are thereby defined to be all free negroes, mulattoes, mestizoes, freedmen and freedwomen, and their descendants through either sex. Those, however, who may have seven-eighths or more of Caucasian blood are deemed and declared to be white persons.

The rights and remedies respecting persons or property, and the duties and liabilities under the law, whether civil or criminal, which apply to white persons, are extended to persons of color, except where modified by the regulations instituted.

The first subject treated of is the relation of husband and wife. This relation is fully established and recognized. The evidence of its existence is declared to be cohabitation and reputation, or acknowledgment by the respective parties. Those who now live as such are held to be in legal marriage. Hereafter this which the law regards as a civil contract is required to be duly solemnized, either by a minister of the Gospel, the District Judge, a magistrate, or any other judicial officer.

All children heretofore born are declared to be legitimate.

The following are incompetent to contract marriage: males under twenty-one, and females under eighteen years of age, those who are paupers or a charge to the public, and apprentices or persons bound to labor or service by contract, until the expiration of such apprenticeship or term of service or labor.

The husband is forbidden under any pretext to abandon his wife; and in case he shall so do or fails to maintain her and his children, he shall, upon sufficient proof, be bound to service by the District Judge, from year to year, and the profits of his labor applied to their maintenance. Such an abandonment renders the Page 764 wife competent to engage for service and to have all the rights of an unmarried woman, except the right to recontract marriage. In case there should he two or more reputed husbands or wives, the parties are required to select, and the ceremony of marriage is to he performed.

The father is to support all of his children, whether they he horn of one of his reputed wives, or of any other woman.

To regulate the relations of master and apprentice, the report provided that a child over two years of age may he hound by the parent, until, if a male, he shall obtain the age of twenty-one years, and if a female, eighteen years of age. If the child has neither father nor mother living in the district, or if the parents are paupers, that is, upon the public bounty, or unable to afford a comfortable maintenance, or vagrants, or convicts for infamous offences, or of such notoriously bad character that the child is in danger of moral contamination, then he or she may he hound by the District Judge or one of the magistrates. Males over the age of twelve years and females over the age of ten years must give their assent by signing the indentures.

The obligation of apprenticeship is not only to be under seal, and signed by the master, the parent and apprentice, if of consenting years, and attested by two credible witnesses, but in order to prevent imposition and wrong, is to be approved by the District Judge or magistrate.

The legal and moral duties that arise, are that during the term of indenture the person to whom he is bound, is to teach the apprentice the business of husbandry or some specified useful trade or profession; to furnish food and suitable clothing; to instruct in habits of industry, honesty, and morality, and to treat with humanity and discretion.

This relation may he dissolved by the death of the master, by a habitual violation or neglect of the duties imposed on him, or where, by his vicious conduct, the apprentice is in danger of moral contamination.

In all cases of alleged infringement of duty, or of misconduct on the part of master or apprentice, the matters in issue are to be decided upon reference to a magistrate.

It is also inserted that the master shall have authority to inflict moderate chastisement and impose reasonable restraint upon his apprentice; but this is a principle of law which prevails in the State, in reference to every case of apprenticeship; and which generally exists wherever this relation is established.

Against any attempted abuse of this power, the most stringent and ample provision is made; for it is declared that "in cases in which the District Judge shall" order the apprentice to be discharged for immoderate correction or unlawful restraint, the master shall be liable to indictment, and on conviction to fine and imprisonment within the discretion of the court, and also to an action for damages by the apprentice.

At the expiration of the term of service, the apprentice shall be entitled to receive a sum of not exceeding sixty dollars.

The provisions relating to contracts for service reported, were that all contracts for more than one week are required, in order to avoid uncertainty and confusion, to be in writing, to be duly attested before witnesses, and within twenty days of their execution to be submitted to and approved of by the Judge of the District Court, or one of the magistrates. Unless these requisites are complied with, the contract is not binding upon the servant. "Where no term of service is expressed, it shall be until the 25th of December of the year in which it is made. Where no rate of wages is specified, on the application of either party, with notice to the other, the District Judge or magistrate decides what shall be a fair and just compensation.

The following colored persons are competent to contract for one year's service or labor: all who have no parent living in the district and are over ten years of age, and those who are not apprentices. Of course those who are minors contract through their parents if in the district, and those who are apprentices have already made engagements for the learning some art or trade. These contracts may be set aside wherever fraud or unfairness is exhibited, that is, whenever advantage has been taken.

The employer is compelled by law to perform his obligations, for whenever he neglects or evades his contract, he is declared guilty of a misdemeanor and liable to penalties upon conviction.

The hours of labor, in cases of husbandry, are fixed from sunrise to sunset, with proper intervals for meals and refreshment. The duties of those employed are, to give their attention to the property intrusted to their care, to protect it from injury, to be responsible for all losses occurring through their negligence, dishonesty, or bad faith, to be quiet and orderly in their quarters, to reside on the premises, to retire at reasonable hours, to remain at night on the farm and not to absent themselves without the written permission of the employer, to obey all lawful orders, to be honest and faithful to be civil in deportment and diligent in business.

No work is to be exacted of them at night or in inclement weather, except in cases of absolute necessity. They are not to be kept at home on Sundays, except to take care of the premises, or under circumstances of emergency, and then such labor is to he performed in turn.

The master is bound in duty to protect his servant from violence and to assist him in obtaining redress for injury to his rights of person or property. The servant assumes the corresponding obligation of aiding his master in the defence of his person and premises.

The wages due the servant are preferred to all other debts, except the funeral expenses; nor is his contract ended with the death of the master, except with his express assent. On the expiration of the term of service, the master Page 765 is bound to give the character of one who has been in his service to any person who may make inquiry, and in case he shall wilfully and falsely represent it to be otherwise than it really is, either for moral qualities or for skill or experience in any employment, he shall be liable to an action for damages, to the party aggrieved. The master may discharge the servant on the ensuing grounds—the wilful disobedience of lawful orders; habitual negligence or indolence, in business; drunkenness; gross moral or legal misconduct, and habitual want of respect or civility to himself, family, guests, or agents; but if the servant is wrongfully discharged from his service, he shall recover wages for the whole period of service according to the contract, whether or not his wages have been paid to the period of his discharge.

The servant is justified in departing the service and dissolving the contract for an insufficient supply of wholesome food, for an unauthorized battery upon his own person, or one of his family, for habitual drunkenness of the master, for invasion of his conjugal rights, for violent and menacing conduct, and for failure to pay wages when due. He is entitled to a certificate of his character at the termination of the contract.

So also provisions are made for those who are employed as house servants. Regulations are likewise created for the support and care of paupers, for the suppression of vagrancy and idleness, for the establishment of district courts, and of enabling all within the limits of the State to have some lawful and respectable employment, and to possess r. fair, honest, and respectable livelihood.

The criminal law is carefully revised and placed in plain and intelligent language. On the subject of testimony it is declared that "in every case, civil or criminal, in which a person of color is a party, or which affects his person or property, persons of color shall be competent witnesses; and in every case either party may offer testimony as to his own character or that of his adversary, all parties to suits being allowed to give evidence."

In May the Chief Justice of the United States, Mr. Chase, being in Charleston, addressed an assemblage of freedmen. In allusion to the elective franchise for them, he said:

Major Delany has said that he beard me say in the hall of the House of Representatives at Washington, that I knew no reason why the hand that laid down the bayonet might not take of the ballot. If he had listened to me twenty years ago, in the city of Cincinnati, he might have heard me say substantially the same thing. But the colored man did not get the elective franchise because I said it then. Quite possibly he may not now. Certainly, however, events have progressed remarkably in that direction. If everybody in this city saw things exactly as I see them, if they felt as I feel, that it would be desirable, on account of the general interests, that every man should have the same rights before the law in the elective franchise as in every thing else, it would come to you very soon. But there is not that agreement. Having nothing to do with politics, lam not prepared to say what will be the action of the Government. I am no longer in its counsels, and therefore do not know what it is prepared to do. I will only say this: I believe there is not a member of the Government who would not be pleased to see universal suffrage.

But I am not ready to say that the Government will now establish universal suffrage. This I do not know. If you are patient, and constantly show by your acts that you merit the right of suffrage, then you can be safely trusted with it. That in your bands it will be on the side of order and liberty and education, reasoning upon general principles, I can safely say you will get the elective franchise in a very short period. I trust it will not find you unprepared. But respect yourselves and respect the rights of all, and do your very best to show that you are, each and all of you, worthy to have it. You cannot get it by threats and misbehavior. You can get it by patience and perseverance in well-doing.

A State Convention of the delegates of the colored people was held in November, at which an address was issued to the white people' of the State. The object of the Convention is stated to have been "to confer together and to deliberate upon our intellectual, moral, industrial, civil, and political condition, particularly as affected by the great changes in the State and country," etc. The following is an extract from the address: We ask for no special privileges, or peculiar favors

We ask only for even-handed justice—for the removal of such positive obstructions and disabilities as past and recent legislation has thrown in oar way and heaped upon us. Without any just cause or provocation on our part, we, by the action of your Convention and Legislature, have, with few exceptions, been virtually excluded—

1. From the rights of citizenship, which you cheerfully accord to strangers, notwithstanding we have been born and reared in your midst, and were faithful while your greatest trials were upon you, and have done nothing since which could justly merit your disapprobation.

2. We are denied the right of giving our testimony in the courts of the State, in consequence of which our persons and property are subject, the former to every species of violence and insult, and the latter to fraud and spoliation without redress.

3. We are also, by the present laws, not only denied the right of citizenship—the inestimable right of choosing who shall rule over us in the land of our birth, but by the so-called "Black Code" we are deprived of the rights which arc vouchsafed to the lowest white profligate in the country—the right to engage in any legitimate business save under such unjust restraints as are imposed on no other class of people in the State.

4. You have, by legislative action, placed barriers in the way of our improvement in the arts and sciences. You have given us little or no encouragement to engage in agricultural pursuits, by refusing to sell us lands, while you are organizing societies to bring foreigners into the country, the clear intent of which is to thrust us out, or reduce us to a serfdom intolerable to us, and, as you will find in the end, ruinous to your own prosperity.

5. Your public journals wickedly charge us with destroying the products of the country since we have been made free, when they know that the country, and the products thereof, were destroyed by a desolating war of four years, in which we had no hand. How unjust to charge upon the innocent and helpless the very crimes which yourselves have committed, and which brought down ruin upon your own heads!

____________________________

* This refers to a license or certificate that the mechanic has duly served an apprenticeship.

6. We simply ask that we shall be recognized as men; that there be no obstructions placed in our way; that the same laws which govern white men shall govern black men; that we have the right of trial by a jury of our peers; that schools be established tor the education of colored children as well as white, and that the advantages of both colors shall, in thi3 respect, be equal; that no impediments be put in the way of our acquiring homesteads for ourselves and our people; that, in short, we be dealt with as others are—in equity and justice.

7. We claim that we deserve the confidence and good will of all classes of men. We ask that the same opportunities be extended to us that freemen have a right to demand at the hands of their fellow-citizens. We desire the growth and prosperity of this State, and the well-being of all men, and we would be found ever struggling to elevate ourselves and add to the glory of the national character. We trust that the day is not far distant when you will acknowledge that our progress in social, intellectual, moral, and religious development entitles us to the highest commendation and respect, and that we shall be worthy to occupy, with the best in the land, positions of trust and power; when we shall realize the S:eat truth that "all men are endowed by their creator with certain inalienable rights," and that, although complexions may differ, "a man's a man for a' that."

     Signed per order, and in behalf of the Convention,

                            THOMAS M. HOLMES, President.

    John C. Des Verney, Secretary.

In the regulation of the internal affairs of the State the local militia were early organized as a police force, as in the other Southern States. On December 25th the Provisional Governor was relieved, and the authority in the State restored to the officers elected by the people. The Governor thus responded to these orders from Washington:

                                    COLUMBIA, S. C, December 28,1565.

The Legislature adjourned yesterday at noon. Governor Perry has returned to his home in Greenville. Your despatch has been forwarded to him by mail.

It will be very gratifying to the people of South Carolina that her Government has been intrusted to officers of their own selection. In their name I thank you for the tender of cooperation of the Government of the United States when found necessary in effecting the early restoration and permanent prosperity and welfare of the State.

You may be assured of my unalterable purpose to aid in upholding the supremacy of the laws of the United States, and in advancing the honor, interest, and prosperity of a common country.

   JAMES L. ORR, Governor of South Carolina.

On April 14th, the evacuation of Fort Sumter on the same day, four years previous, was celebrated by raising the same flag on the fort by Major-General Anderson in presence of other officers of the army, and many of the clergy of New York and Brooklyn.

The following petition, indicating the degree of interest felt in the welfare of Jefferson Davis, was sent to President Johnson:

                                                   ABBEVILLE, August 23, 1865.

Hon. Andrew Johnson, President of the United States:

We, the undersigned, ladies of Abbeville District, South Carolina, respectfully exhibit to your Excellency our desire to intercede in behalf of Mr. Jefferson Davis, the President of the late Confederate States. We have heard with much satisfaction that petitions of a like nature have been addressed to your Excellency from other portions of the country, and we entertain the hope that these united appeals for mercy will not fall unheeded upon the ears of your Excellency.

In any event, it will be grateful to us to have thus testified our feelings for one whose faults, in our judgment at least, have not been past forgiveness. Called from the retirement of his home to a position which he did not solicit, but which his manhood forbade him to decline; illustrating by his conduct the highest devotion to principles, which were maintained with marked unanimity by his people; temperate in the hours of triumph, dignified and calm in the days of defeat, always just, always generous, always brave, we see in his conduct every thing to evoke sympathy, and nothing to merit the extreme punishment with which he is threatened. The same firmness and calm views of policy which, on repeated occasions, he displayed in resisting the cries which, in his region, were raised for sanguinary retaliation, we hope will now be exhibited, in disregard of the unfeeling agitation which seeks bis life. We hope there will be a merciful remembrance of his poor wife, plundered and insulted after being torn away from his prison, and of his young children, whose prospects in life have been so terribly blighted.

Impelled by the feelings of our nature—which are ever excited by the misfortunes of the brave and the good, which have in all ages characterized our sex, which moved the Marys to be the last at the cross and the first at the grave—we earnestly beseech your Excellency to exercise, in behalf of Mr. Davis, all Executive clemency.

Grant our petition, and, besides finding in your own breast the reward which attends every virtuous deed, we sincerely believe that you may expect increase of your own renown, and of the honorable character which forms the strength of your country. For ourselves we will say, we will bold in grateful remembrance this act of generosity to the unfortunate, and will teach our children '"to rise up and call you blessed."

TEXAS. After the surrender of General Kirby Smith to General Canby, and before the arrival of the force under General Weitzel, which sailed from Fortress Monroe about the end of May, a good deal of anarchy prevailed in Texas. "The Texas troops were disbanded before the commissioners sent to General Canby arrived, and carried their arms with them, and also a large amount of ammunition, and horses and wagons. In view of this fact, General Granger issued an order, requiring all persons having such property in their possession, to deliver it up to the proper United States officer. There were also at Austin, and in various parts of the State, considerable quantities of military stores and other property abandoned by the Confederate authorities, exposed to plunderers, much of which was actually carried off by persons who claimed to be creditors of the State or of the Confederate Government; and Pendleton Murrah, still exercising the functions of Governor, issued a proclamation, addressed to the sheriffs of the various counties, requesting and enjoining upon the various counties of this State to collect and preserve all such public property, and hold the same subject to the order and disposition of the legally constituted authorities of the State; reporting said property accurately, as it shall be collected together, to the Executive at Austin.

Governor Murrah also issued a call for the Legislature to meet on the 16th of July, and ordered an election to take place on the 19th of June, for delegates to a State Convention, to meet on the 10th of July, and take measures for the restoration of the State to the Union, in the hope of avoiding a military administration of affairs by agencies of the Federal Government. But before the time appointed for the election of delegates, General A. J. Hamilton was appointed Provisional Governor by President Johnson. On the 21st of July he arrived at Galveston, accompanied by a number of prominent refugees, and on the 25th issued a proclamation announcing his appointment, with instructions to take the necessary steps for holding a convention, to be composed of delegates chosen by that portion of the people of the State known to be loyal, for the purpose of amending the Constitution, reorganizing the State government, and restoring the State to constitutional relations with the United States. He fixed no time for the convention, but announced that suitable persons would be appointed in the different counties to administer the oath of amnesty prescribed in the President's proclamation of the 29th of May, and to register the names of loyal voters. On the ground that there were "no civil officers in the State," and that the great body of the people were laboring under such disabilities as to preclude elections, he announced that indispensable district and county officers would be appointed. He declared to be in force only such laws as had been enacted before the last of February, 1861, and directed officers and citizens and the courts when established, to be governed by them, except in so far as they might be affected by the emancipation of the slaves by United States authority, or by other acts of the United States for the suppression of the rebellion. The proclamation concluded as follows:

The people of the State are invited to engage in the work of reconstructing local government for themselves. I come, tendering, in the name of the United States, amnesty for the past, security and freedom for the future. Every generous heart will feel, and every candid mind admit, that the Government of the United States seeks not, and has never sought, to humiliate the people of the South. It but asks thein to be friends rather than enemies.

The negroes are not only free, but 1 beg to assure my fellow-citizens that the Government will protect them in their freedom.

For the time being the freedmen are recommended to engage with their former masters for reasonable compensation, to labor at least till the close of the season for gathering the present crop. For them, generally, to do otherwise, would be greatly to the injury of themselves and the community at large. But let it be understood that combination among those interested in securing their labor to prevent them from hiring to persons who will pay the best price for such labor, and to ostracize in society those who oppose such combinations, will meet with no favor at the hands of the people or Government of the United States. And candor compels me to say to the people of Texas, that if, in the action of the proposed convention, the negro is characterized or treated as less than a freeman, our Senators and Representatives will seek in vain admission to the halls of Congress. It is indeed strange that men should take a solemn oath to faithfully abide by and support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves, and in the next breath favor gradual emancipation. It is the part of wisdom and the part of duty to accept what is inevitable without resistance, and recognize truth however unpalatable.

Governor Hamilton's proclamation for the reorganization of the judiciary provided that the district courts should proceed with the trial of all criminal causes; that all civil suits should be proceeded with to judgment and execution, but that in no action for debt should final judgment be rendered until further orders; that the existing organization of districts, and the usual time of holding courts, should continue; that attorneys-at-law, before practising, must take the amnesty oath, those not entitled to its benefits being precluded till pardoned; that all persons of color were to be considered as on an equality with white men in respect to the punishment of crime, and when tried by virtue of indictments before presented and found guilty, the judgment of the court was to be the same as if the defendant were a white person; and that justices of the peace might render final judgment.

Judge McFarland, one of the district judges appointed by Governor Hamilton, had the following questions brought before him in several cases:

1. As to the effect of the law known as the state law, passed by the Texas Legislature under tile Confederate rule; and also, as to the effect of the act Page 787 passed by the same body suspending the statute of limitations.

2. As to the power of the Provisional Governor to appoint a provisional judiciary, and to organize provisional courts.

3. As to the relation in which the provisional courts, so established, stand to the former district courts of the State, organized under secession auspices.

4. As to the effect to be given by the provisional courts of the* interlocutory orders and decrees of the secession district courts in suits still pending.

Upon these questions the judge ruled substantially, that the authorities having control of the State from February, 1861, to June, 1865, constituted for all practical purposes a government de facto; and that while as a political fabric it fell to pieces with the surrender and dispersion of the Confederate armies, and all its political legislation ceased to be of force, yet that the private and individual rights that hod grown up under those acts remained unimpaired, and were still binding and valid between individuals, and would be so held until succeeding governments saw fit to alter them. He further held, in this connection, that the order of General Granger declaring illegitimate all acts of the Governor and Legislature after secession, and the subsequent proclamation of the Provisional Governor, declaring such laws inoperative and void, and putting in force the body of statute laws in existence prior to secession, did not necessarily have the effect of nullifying and rendering invalid transactions between private individuals during secession rule. He further held that the replication that the stay-law forbade the institution of suits, was a good and sufficient answer to a plea of the statute of limitations. He also held that the Provisional Governor was clothed with the power to organize a provisional judiciary; and in that connection overruled a motion in a pending suit, to set aside interlocutory orders and decrees that had been rendered in such suit during the rebellion.

On the 19th of August the Provisional Governor issued another proclamation, containing regulations with regard to administering the amnesty oath preparatory to the election of delegates to the State Convention, which was subsequently appointed to be held on the 8th of January, 1866, and to assemble on the 7th of February following. By this proclamation the chief justices of the several counties, with the clerks of the county and district courts, were to constitute boards charged with the duty of administering the amnesty oath, and registering the names of citizens entitled to vote; the board in each county to sit at least one day in every week. Only such citizens as were entitled to the benefit of the general amnesty were to be allowed to have their names placed on the register. Others were to be permitted to take the oath of amnesty, only for the purpose of enabling them to present their petitions to the President for special pardon, which when granted would entitle them to have their names placed on the register of voters. The proclamation concluded with an invitation to citizens to go forward with alacrity and take the steps necessary to entitle them to aid in the restoration of a regular constitutional government to the State.

The Governor also authorized the organization of a special police force in the several counties to aid in the preservation of order.

In the transition state of society that followed the disappearance of the Confederate Government, and the consequent altered prospects of the negroes, of whom it was said there were twice as many in the State as in 1860, much apprehension was felt that the material interests of all classes would suffer. Some anticipated utter ruin, and were willing to dispose of their property at nominal prices. A few planters entertained the belief that their negroes would be left to them as slaves, or that at least emancipation would be gradual, but the majority of the wealthy and well informed prepared to accept the new order of things. Almost all were ready to assent to immediate emancipation, provided the able-bodied freed men were compelled by Government to provide for the maintenance of their women and children. Great numbers of the negroes in their new and untried position, their minds filled with wild and fanciful notions in relation to the boon of freedom, and too ignorant to distinguish between liberty and license, became lazy, insolent, and totally unreliable for steady labor. Many planters were compelled to suspend operations, owing to the difficulty of inducing the negroes to work with regularity. On the 27th of June, at a meeting of the Common Council of Galveston, assembled to take into consideration the altered condition of the colored population and other matters, the mayor took occasion to express his regret that citizens were renting houses to negroes who had left their employers, thus "giving facilities for establishing various nuisances and committing depredations upon citizens." He stated that he had received many representations as to the negroes congregating for improper purposes in the houses they occupied, and the existence of many disorders, to remedy which he was powerless. On the following day several prominent citizens waited upon General Granger, and called his attention to the condition and practices of the negroes, and the provost marshal was instructed to issue the following order:

OFFICE OF PROVOST MARSHAL GENERAL,

                                                      DISTRICT OF TEXAS,

                                               Galveston, Texas, June 28, 1865.

All persons formerly slaves are earnestly enjoined to remain with their former masters under such contracts as may be made for the present time. Their own interests as well as that of their former masters, or other parties requiring their services, render such a course necessary, and of vital importance, until permanent arrangements are made under the auspices of the Freedmen's Bureau.

It must be borne in mind, in this connection, that cruel treatment or improper use of the authority given to employers will not be permitted; while both parties to the contract made will be equally bound to its fulfilment upon their part.

Page 788 No persons formerly slaves will be permitted to travel on the public thoroughfares without passes or permits from their employers, or to congregate in buildings, or camps, at or adjacent to any military post or town. They will not be subsisted in idleness, or in any way except as employes of the Government, or in cases of extreme destitution or sickness; and in such cases the officer authorized to order the issues shall be the judge as to the justice of the claim for such subsistence.

Idleness is sure to be productive of vice, and humanity dictates that employment be furnished these people, while the interest of the Commonwealth imperatively demands it, in order that the present crop may be secured. No person, white or black, and who is able to labor, will be subsisted by the Government in idleness, and thus hang as a dead weight upon those who are disposed to bear their full share of the public burdens. Provost marshals and their assistants throughout the district are charged with using every means in their power to carry out theso instructions in letter and spirit. By order of

                                                 Major-General GRANGER.

R. G. Laughlin, Lieutenant-Colonel and Provost Marshal General, District of Texas.

A similar order was issued by Colonel Q. W. Clark, at Houston, where, according to the "Telegraph," nine-tenths of the crimes brought before the courts were perpetrated by negroes. Of the freedmen who continued at work, most remained with their old masters. The following is the testimony of the editor of the Houston "Telegraph ":

We have just returned from a trip to Washington County, and found the drought had nearly ruined the corn crops, and it is estimated that only one-half a crop will be made this season. The same will prove true of the potato crop. Cotton looks well, and we have been informed by old citizens that they have never before seen such a fine and heavy yield as this season. We hear loud complaints everywhere of the scarcity of hands to pick and save it. And we saw acres of the finest cotton that ever grew, dropping out of the bolls and wasting for the want of lands to save it. The planters made contracts with their former slaves to remain with them and save the crops, but they proved unfaithful and deserted the first opportunity. Thousands of bales of splendid cotton will be lost in Washington County by this cause, and the neighboring counties are no better off. We have heard good judges estimate the loss by this cause throughout the State to be 40,000 bales. It is a deplorable sight to witness large cotton fields wasting.

Subsequently a better spirit and a more correct understanding as to their new privileges began to prevail with the negroes. This was said to be owing in a great measure to the indefatigable exertions of General Granger, who travelled among them for six weeks, addressing them in plain terms with regard to their duties as well as their rights. More than half the freedmen in the lower part of the State had entered into contracts for 1866 by the 25th of December, and were ready to go to work after the holidays. The contracts were various; some were for specific monthly pay, with food, clothing, medical attendance, and the use of an acre of land ; others were for monthly wages and board only ; others were for a share of the crops. In some instances the payment of wages was made monthly, in others quarterly, and in others the first quarter's wages were to be paid at the end of six months, and the balance at the end of the year. The plantations were mostly cultivated by their owners, though largo farms were rented both by Northern and Southern men.

A committee, consisting of ex-Governor E. M. Pease and Mr. Swante Palm, appointed by Governor Hamilton to inquire into the condition of the State Treasury, made a report, according to which the debt in November was as follows:

Eight per cent State Bonds and Interest to 1st January, 1866 $993,440 00 Seven per cent. State Bonds and Interest……… 211.130 88

Due to School Fund…………………………..1,137,406 65

Due to University Fund…………………………288.514 21

Fund accrued from estates not collected………. ..21.870 90

Fund accrued from escheated estates…………….. 2,688 71

County Tax Fund………………………………… 8,592 61

Special Loan Tax Fund……………………………8,675 11

Assessors' Fees…………………………………….. 975 66

Ten per cent Interest Warrants, outstanding, estimate 180,000 00 Treasury Warrants outstanding…………………… 1,888.897 90

Debts due from appropriations not drawn …………..150.000 00

Estimated amount due for Militia. ………………….150,000 00

Estimated amount due for Soldiers pay and supplies and transportation …………………………………………………….8,000,000 00

Debt of the late Republic of Texas …………………110.618 28

Amount due J. M. Moore by Military Board.................7,091 14

Amount due Oliver & Bro.'s by Military Board……..10,042 62

Amount due W. S. Feed & Co. by Military Board;… ..2,043 00

Probable amount that will be claimed by Individuals for cotton lost under Governor Murrains cotton operations, say , ….30,000 00

Total…….. $8,194,062 58

To which may be added amount placed to the credit of the several Special Funds in the Treasury in Confederate notes, as before stated …………519.988 09

Total…………$8,714,065 67

There is probably no State in the Union where railroads can be constructed with so little labor and expense as in Texas, the grading being comparatively light, or where they are more needed to convey to a market the vast product of hogs, sheep, cattle, flour, and grain, for which the home consumption is not adequate to take up a thousandth part. roads already constructed, and in running in July, were the Houston and Texas from Hempstead to Brenham's, thirty Slos; the Buffalo Bayou, Brazos, and Colorado Road, from Harrisburg to Alleyton, eighty miles; the Houston Tap and Brazoria road, from Houston to Columbia, forty-five miles; the Galveston, Houston, and Henderson road, from Galveston to Houston, fifty miles; the Texas and New Orleans road, from Houston to Beaumont, sixty-five miles; and that from Shreveport, Louisiana, to Marshall. Railroads were also in the course of construction from Brazos Santiago to Brownsville, about thirty miles, and from Indianola to Victoria, about forty miles. The rolling stock on these roads was, however, unreliable and unsafe, having been much abused during the war.

The resources of this great State, six times as large as Pennsylvania, and containing thirty-three thousand square mile more than France, are only very partially developed. It is reasonable to suppose that when political

Page 789 affairs become fully settled, an extensive immigration will set in, especially as its attractions become better known. The sugar and cotton region of Texas lies along the coast and a few miles up the river bottoms. These lands, though highly productive, are unhealthy, and require large capital and extensive experience in the raising of cotton and sugar to be cultivated with profit. Higher np the rivers, and behind streams. Here in the long days of summer the rich black prairies bake and crisp till they seam and crack, and long winding clefts appear that every day's sun opens more and more, till they become traps into which both beast and rider may fall. The great natural pastures, commencing upon the coast and sweeping up to New Mexico on the west, and thence around to the Red River the coast flats, is the cotton and corn region on the north, a thousand miles in length and embracing what are called the central counties. Though there are many small farms scattered through these counties, they are preeminently the seat of great plantations cultivated by the aid of negroes and mules, and a small farmer from the North would hardly feel at home among them. All the bottom lands in this section are deep, rich cotton soils, covered with a very heavy growth of cotton-wood, sycamore, elm, and other trees, crowded with underbrush, twined with vines and overhung with moss. They abound in alligators, snakes, turtles, lizards, mosquitoes, and flies; but when cleared are among the best cotton lands in the world, and though somewhat unhealthy are largely and profitably worked. Up to 1860 such lands sold uncleared at about ten dollars an acre. The balance of these lands are prairie, varying from a light sandy loam to the deepest and blackest "hogwallow," all suitable for cotton or corn.

Northwest of the central counties lies the grain region, which embraces all northern and northwestern Texas, as far as the Indian country. Commencing on the Guadalupe southwest of Austin, the grain lands stretch in a wide belt to the Red River. It is a beautiful rolling country of prairie and timber, intersected by most of the important rivers and their tributaries. Along the banks of these clear, rapid streams, are thousands of settlements, surrounded by fields of corn and grain, and herds of cattle. And yet, as the traveller rides from cabin to cabin, and from county to county, he feels that the whole country is still almost a wilderness.

The Colorado, which runs in a northwesterly direction through the centre of the State, forms the southwestern limit of the reliable farming region. Though the soil is good on the southwestern side of the river, and the country even more beautiful as well as more healthy still further wo«% there are comparatively few great farms, and none entirely reliable for crops, because of the droughts that often prevail. The most careless traveller is struck with the evidences of a dry country everywhere. The prairies grow gradually larger and larger further west, and put on more and more of the garb of a dry climate. The mesquite grass, green, juicy, and sweet in winter, but brown and rusty in summer, though still good for stock, becomes plentiful; the prickly pear and the cactus appear, wood-lands grow scarce and the river bottoms narrow, often with but a thread of timber to mark the windings of the hundreds in width, are not left untilled because lacking in wealth of soil, convenience of location, beauty of scenery or purity of atmosphere, for western Texas abounds in all these, but from the absence of rain. Between the Colorado and San Antonio is a territory common to the plough and to cattle. Beyond the San Antonio the country watered by the Aransas, the Nueces, the Rio Pecos, and the Rio Grande, is all either occupied by stock-raisers or still vacant, the few plantations and farms once opened having been abandoned after a disastrous experience in waiting for rains.

This great stock country has hundreds of thousands of cattle, horses, and sheep scattered over it, and living summer and winter upon its grasses without ever tasting hay or grain, and is annually sending to market immense herds, as valuable as though they had been fed through the long winters, and stallfed in costly barns on turnips and corn.

The desert is a sandy, unwatered region, thinly covered with coarse grass, in the vicinity of New Mexico, including the "Staked Plains." There is also a long strip of the same kind of country between the Nueces and the Rio Grande, a hundred miles wide, separating Brownsville and the Mexican frontier from Corpus Christi and the settlements on the Nueces. The borders of the desert are available for pasture, but the interior is worthless for want of water, which, however, may be obtained by digging wells. The camping-grounds of" General Taylor, on his march across the desert from Corpus Christi to Matamoras, are marked by the great wells he dug to supply his troops with fresh water, some of which are still used.

The rivers of Texas are generally clear, and rapid, and shallow, and with unreliable navigation; but subject to sudden overflows, when every thing movable on the bottom lands is swept away. The large rivers, like the Brazos, owing to great rains in the regions of the headwaters, often rise from low water to full banks in twenty-four hours, when within hundreds of miles there is not a drop of rain falling. In the western part of the State this feature is changed, and the Rio Pecos creeps so quietly through an open, unmarked country, that a traveller might ride within five hundred yards of it and yet perish with thirst.

Any one intending to raise stock in connection with corn and grain, may settle anywhere north of the Colorado and west of the belt of post-oaks that runs np through Bastrop, Burleson, Milam, and Falls Counties, if he take care to shun the Blackjack and Landy post-oak lands Page 790 and to get plenty of good water, and rail-timber near enough for fencing. But stock-growing connected with farming never attains the dimensions nor yields the profit that it does in the purely stock country where no farming is carried on. To make the most of cattle-raising, the settler should go west of the Colorado, and from there to the Rio Grande he can hardly go amiss, if be avoid districts closely settled and seek open country, securing good water, with rail-timber enough for pens, and wood enough to burn. If he can put his cabin and pens on the south side of a piece of timber, it will be all the better, since this affords a natural shelter against the cold north winds of winter. It is better, also, to have broad, open prairies on one side for summer range, and wooded hills or river bottom on the other side for winter. If so situated, the stock will take to the open prairies in good weather, and to the shelter of the hills and bottom lands in storms, and will scatter much less than in an entirely open country like the great coast prairies.

The settler having built his pens and cabin, buys his cattle, to be delivered to him in the hen on a given day. If he takes "stock cattle," he gets cows, calves, and one and two-year-olds in equal numbers, and pays about seven dollars a head. Thus for four hundred cattle— of which one hundred are cows, one hundred calves, one hundred one-year-olds, and one hundred -two-year-olds—he pays $2,700. If he buys cows and calves, he gets the same number, that is, two hundred cows and their two hundred calves for the same money. Ho then fixes upon a brand for the hip or shoulder, and a mark for the ear, and has them recorded in the county records. It is always best to buy the tract where the cattle are to run, as it saves the expense of driving to a new range and herding. In the spring, for about two months, the stock raiser knows no rest. Early and late he is riding the country, gathering up his stock and branding his calves. Then he rests till the fall, when he once more gathers, to sell his beeves. The whole country is open throughout the great stock region, and no fences sot their stakes against the wandering of the cattle. They are not herded and of course their range is a wide one.

If a stranger go to Texas with the determination to make sheep-raising his business, he should go directly to Austin, and then crossing the Colorado, and keeping west of the San Antonio road, begin to look for his ranch, for all that region is sheep country, and the best in the State. For hundreds of miles along the road, west of Austin and lying immediately northwest of the road for a very great distance, is a peculiar hilly and broken country, having plenty of short, sweet, winter grass for pasturage, and good running water; dry and gravelly hills enough to secure good health to the flock, unless scab get in; and gorges and cedar-brakes enough for shelter against the storms and cold winds. The settler must be careful to secure good water, with wood enough to bum, and rail-timber enough for his sheep-pens. Ho must also make calculations for pasturage, when his flocks shall have increased largely. If he locate upon a stream having a very large tract of unwatered country behind it, he may buy a few acres along its banks near a cedar-brake, and trust to the great open country for pasturage. If he settle in a country watered on all hands, he will have to buy a large amount of land for the future grazing of his flocks. Whoever cannot monopolize the water around him will soon have many neighbors and too many flocks near him, unless he own large tracts himself. By a law of the State, all herded flocks must be kept from trespassing. But large tracts of country are open to all, and for sheep-raising are valuable only to those who control the watering-places. Cattle and horses roam over them at large, going long distances for water. The land being selected and bought—at from fifty cents to ten dollars an acre—rail pens are made close and high enough to keep out the wolves, and in a position sheltered from the northers, either on the south side of a bluff, a close cedar-brake, or a close stone fence. Along the north side a shelter-shed is put up, made of crotched posts and rails, with a roof covered with hay, straw, earth, or boards, to turn off the rains and keep the lambs dry, and then the sheep-yards are ready. A log house, pole camp, or cloth tent is then put tip, a Scotch or German shepherd engaged, the flock bought, and business begun. The owner's house is put up afterwards.

It is better usually to purchase the flock in the country, as the sheep are then acclimated, and not worn down by long driving. Pure merinos are the most profitable; but being also most expensive, Mexican and mixed breeds are usually first purchased and then bred up by crossing with merino bucks. In 1860 merino ewes were worth by the flock about ten dollars a head; good Missouri or mixed, five dollars; and Mexican three dollars. A couple of generations' breeding up by pure bucks brings out a good flock from either kind. It is, however, more profitable to buy at first a better grade. A flock of five hundred good grade sheep with a pure merino back may be bought for about three thousand dollars. One shepherd with a good dog can take care of five hundred sheep the year through, or of a thousand, except in the combing season. Few flocks are fed above what they get on the prairies; but it is well to give them a little corn or oats, or cotton-seed, or cultivated hay, through the months of January and February. If a flock is kept healthy it is the most profitable stock-raising in the world. The increase of a sheep begins at one year old, and in ten years, without loss, amounts to over a hundred-fold. The increase of a flock of five hundred sheep would therefore be worth in ten years, without drawbacks, not less than $300,000, a business sufficiently profitable to allow a large margin for accidents and ill luck, and still leave the results very satisfactory. To Page 791 this must be added the annual clips of wool, on an average four pounds to the fleece, sold at forty cents a pound. "Wool is a cash article in Texas, and can always be sold at its New York and Boston value, less the cost of transportation and insurance. The majority of woolgrowers shear their sheep dry, and sell the wool in the dirt. Of those who do wash, not one in ten makes a clean job of it. Shearers go through the country in April and May, shearing at from five to eight cents per head, and tying the fleeces for sacking.

Wolves and half-wild dogs and hogs are the worst enemies of the sheep-raiser, and his folds should be wolf and hog tight. Either when hungry will attack the flock in the pen or on the prairie, and if not driven off, kill great numbers. The hogs kill only the lambs, but are terribly destructive in early spring.

VIRGINIA. The state of affairs in Virginia, previous to the close of the war, was so intimately connected with the Confederate Government, whose headquarters were at Richmond, that a reference to that title is made. The disappearance of the army of General Lee left the State largely desolated, the inhabitants impoverished, the civil authority powerless, and at the mercy of the Federal commanders. The desolations of the Shenandoah Valley, and in the track of the armies near the Rapidan, were at this time thus sketched:

We have also conversed with an intelligent friend, who formerly resided at Edinburg, in Shenandoah County, and who has been compelled to bring his family into a more favored locality, to keep them from starving, and he gives a deplorable picture of the sufferings and privations of these unfortunate people. But a small amount of grain is in possession of the inhabitants, and what little they nave it is hardly possible to get ground for want of mills, all having been burned except five or six, in the extent of country of which we speak. In many instances corn has been pounded, baked, and consumed in a rough state, and our informant states that he is familiar with instances where the people have mixed middlings with bran and baked it into bread in order to stretch the food. Cattle, hogs, and sheep, have been swept away, and but few horses remain with which to cultivate the ground and raise a crop the present season. It is hard to realize and believe that such a state of things exists, but it nevertheless is fearfully true.

Another says:

With the exception of small enclosures of one or two acres, here and there, there is scarcely a fence worthy of the name from the Rapidan to Bull Run; and the fields, once the pride of the farmers' hearts, and shut in by "ten rails and a rider;" are now broad commons, with old landmarks obliterated, ditches filled up, quarters, courthouses, and barns in ruins, while the lone and blackened chimneys of the once happy homestead stand like some grim old sentries on guard until the last.

The once majestic forests of oak, hickory, chestnut, and pine along the line of the Orange and Alexandria Railroad have disappeared and given place to the rude huts and cabins improvised by the armies of Lee and Meade; and instead of whortleberries, chinquepins, and chestnuts, one kicks up canteens, worn out knapsacks, odd shoes, bread-boxes, suggestive of the inevitable "hard tack,” bayonet-scabbards, with here and there a stand of grape, a ten-pounder Parrott shell, and everywhere almost the hollow-base "little Minies," whose whistling tones are so familiar to us all.

The village of Raccoonford is a village no longer. Stevensburg is Stevensburg only on the military maps; and all along the route, crossing and recrossing the railroad, one sees nothing where man's agency is concerned but utter desolation.

The people are returning to their once happy homes, after such hardships as refugees only can know, and are patching up any outbuildings at hand for a temporary residence until the "great house" can be rebuilt and former comforts collected around them.

The negroes in Orange County can be hired for their food and quarters; but this does not pertain in Culpepper and Fauquier, where labor is scarce and in demand, as nearly every negro—man, woman, and child—left home early in the war, with the hope of an improved condition in the crowded streets of Alexandria and Washington. The supply, however, will be equal, and perhaps more than equal, to the demand, when the farmers are once more prepared to cultivate their lands, but just now there is a feeling of oppressive uncertainty hanging over every man's head; and until courts arc established, magistrates, sheriffs, surveyors, commissioners, etc., are appointed, this feeling will prevail, and tend materially to retard the development of the agricultural resources of the country, and of that desire to do their duty as good and loyal citizens, which is the sincere and hearty wish of nine-tenths of the people of Virginia, now that the terrible struggle is over, and which Has been decided finally against them. The farmers need nearly every article necessary to a successful cultivation of their lands, and with but very limited means for purchasing them, no credit, and an entirely new system of labor to contend with, the problem of success seems to be one of difficult solution; but with industry, skill, and integrity, the prolific soil will soon supply their wants, and in a few years one will scarcely be able to recognize this as the classic battleground of the two celebrated armies of the Potomac and Northern Virginia.

When the evacuation of Richmond was decided upon, orders were issued to destroy all buildings belonging to or rented by the Government, of which there was a large number in the business portion of the city. The orders were too well executed, and an appalling scene of destruction was presented, and the flames were only stayed by the aid furnished on the arrival of Northern troops, many of whom were blacks.

The defences of Richmond, upon which so Page 815 much science and skill had been expended, consisted of three lines of works. The first line was about a mile from the city. It consisted of a series of detached earth forts, entirely encircling Richmond. They were within a common range of each other, but not connected by any line of breastworks, and so placed as to command all the roads or other avenues of approach. The forts were pierced for four and in some cases six guns, but none had been mounted; it had evidently been intended that they should be used as a last resort, in the event of the outer lines being carried. The depth from the bottom of the ditch to the top of the earth parapet was about ten or fifteen feet. Rather more than a mile from this line of defence was the second. It was a connected system of works extending from a point about three miles south of Richmond, on the James River, entirely around the northern side of the city, till the line again touched the river three miles north of Richmond. This line was supplemented at various points by additional earthworks commanding the roads leading down to the different pontoon bridges across the James, which were used to cross with supplies to the armies or to the city. The forts which formed the angles of this line of works, and all of which were connected by breastworks, with a ditch in front, were not so large and formidable as the detached forts nearer the city, or those on the third or outer line. The second line was reached only on one occasion by Federal troops, under General Terry, who skirmished up to it, after breaking through a part of the outer line. Four or five miles beyond the second line of defence was the third, which also commenced at the James River, and about opposite to Fort Darling. It was carried continuously around the city, to a point on the James about three miles north of the second line. It was by far the most formidable of all. It was not parallel with the second, but in some places nearer, and at others more distant, advantage having been taken of the undulating surface of the ground. At about the most southerly angle of the line was Fort Johnson. Southeast from this was Fort Harrison, and about three hundred yards distant. About one to three hundred yards distant from each other, were placed similar forts along the whole line. Fort Johnson had three points for heavy guns, the centre one forming the apex of a triangle with the other two, and all being connected with a heavy line of breastworks, with a deep ditch in front. At each of the points at which heavy guns were placed, there was a bombproof to protect the men from the fire of artillery and shells. The breastworks were formed by driving timbers well into the ground, and building in front of them an earthen wall some six or seven feet high, and About as many broad, with a ditch in front about six feet deep, and nearly as many wide, thus making about 12 to 14 feet from the bottom of the ditch to the top of the earthen parapet or wall. There were embrasures for guns, commanding the country in front of the fort, and partially also the ditches in front of the breastworks. About 100 feet in front of the fort was a line of abatis, formed of timber about the thickness of heavy cordwood, firmly embedded in the ground, with sharply pointed ends, and rising a height of about three feet at the sharp end. This pointed timber was planted close together, and was a most formidable barrier to break through, under the fire of heavy guns and rifles blazing away from the fort. In advance of this line of abatis were two similar lines at about 100 feet apart, so that before reaching the ditch, three separate lines of abatis had to be passed or broken through under a heavy fire, besides that between each line numerous shells were placed, and lightly covered with earth, which, on being trod upon, at once exploded. In advance of the third line of abatis were the picket posts, formed of a triangular mound of earth to protect the sentry. When to all this is added that for a milo in front of the fort the forest had been cut down, the difficulties of an attacking column may be imagined, they having to charge for nearly a mile under accurate range of the guns of the fort, over ground which is covered with trees—which have been made to fall in every possible confusion; and if they succeeded in reaching the first line of abatis, having then to overcome the difficulties above explained, before reaching the edge of the ditch where the final struggle would begin.

Upon the occupation of Richmond by General Weitzel, military authority was established. Steps were taken for the reassembling of the State Legislature with the approval of President Lincoln, who was at the time in Richmond (see United States). No meeting, however, took place. Major-General Halleck then took command of the military force at Richmond, and modified the course of events by refusing to recognize any official authority in the State officers elected during the war. Affairs continued in this state until May 9th, when President Johnson issued the following:

EXECUTIVE CHAMBERS, WASHINGTON CITY, May 9,1868.

Executive Order to reëstablish the authority of the United States, and execute the laws within the Geographical limits known as the State of Virginia.

Ordered 1. That all acts and proceedings of the political, military, and civil organizations which have been in a state of insurrection and rebellion, within the State of Virginia, against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the chiefs, are declared null and void. AH persons who shall exercise, claim, pretend, or attempt any political, military, or civil power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the City of Richmond, and his confederates, or under John Letcher or William Smith and their confederates, or under any pretended political, military, or civil commission or authority issued by them or either of them since the 17th of April, 1881, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly.

2. That the Secretary of State proceed to put in force all laws of the United States, the administration Page 816 whereof belongs to the Department of State, applicable to the geographical limits aforesaid.

3. That the Secretary of the Treasury proceed, without delay, to nominate for appointment assessors of taxes and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and shall put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable persons shall not be found, residents of the districts, then persons residing in other States or districts shall be appointed.

4. That the Postmaster-General shall proceed to establish post-offices and post routes, and put into execution the postal laws of the United States within the said State, giving to loyal residents the preference of appointment; but if suitable persons are not found, then to appoint agents, etc., from other States.

5. That the District Judge of said district proceed to hold courts within said State, in accordance with the provisions of the acts of Congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said State, in all matters civil and criminal within the cognizance and jurisdiction of the Federal courts.

6. That the Secretary of War assign such Assistant Provost Marshal General, and such Provost Marshals in each district of said State, as he may deem necessary.

7. The Secretary of the Navy will take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State.

8. The Secretary of the Interior will also nut in force the laws relating to the Department of the Interior.

9. That to carry into effect the guaranty of the Federal Constitution of a republican form of State government, and afford the advantage and security of domestic laws, as well as to complete the reëstablishment of the authority of the laws of the United States, and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierpont, Governor of the State of Virginia, will be aided by the Federal Government so far as may be necessary, in the lawful measures which he may take for the extension and administration of the State government throughout the geographical limits of said State.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

                                              ANDREW JOHNSON.

   By the President:

   W. Hunter, Acting Secretary of State.

This order recognized Francis H. Pierpont, who was originally elected Governor in West Virginia, and upon the organization of a State government for that district under the name of West Virginia, moved the seat of his government to Alexandria, and exercised jurisdiction in a few counties adjacent to Washington. The officers of this government were: Francis H. Pierpont, Governor; L. O. P. Cowper, Lieut. . Governor; Charles H. Lewis, Secretary of State; W. W. King, Treasurer. During the existence of this government at Alexandria, a Legislature was elected and designated as the Legislature of the State of Virginia. It consisted of members from ten counties. (See Annual Cyclopedia, 1864.) The Constitution of the State was amended by delegates from these counties, and adopted in February. It contained a provision that every person who since January 1, 1864, had "voluntarily given aid or assistance in any way to those in rebellion against the Government of the United States," should be disqualified from voting.

Governor Pierpont, with the other members of his government, arrived in' Richmond on May 26th, and was received in a flattering manner. He proceeded to exercise the duties of his office. Regarding his as the "restored State government," he appointed persons in the counties to reorganize them by holding elections for the local officers; in some instances the Governor appointed those officers, in others he authorized those persons to act for the preservation of the peace whom the military officers might appoint. But the difficulties of his situation were such, that he called a special session of the Legislature to meet at Richmond on June 20th. That body duly convened at the appointed time, and the Governor in his message stated that nothing but a pressing exigency had induced him to call the extra session. He then gave a summary of the course of events in West Virginia after secession, and the subsequent removal of his government to Alexandria, and thus stated the results of the division of the State:

In consideration of the division of the State, the number of judges of the Supreme Court is reduced to three. The judiciary of the State remains so. changed, except in the appointment of the judges; they are now nominated by the Executive and confirmed by the Legislature. The time of residence for voters is reduced to one year; persons who held seats in the Confederate Congress, or under the Confederate Government, members of the rebel Legislature, and persons holding office, civil or military, under what is known as the rebel Government of Virginia, except county officers, are disfranchised. Also, persons offering to vote are required first to take an oath to support the Constitution of the United States, and the laws made in pursuance thereof, as the supreme law of the land; also, to uphold and support the restored government of Virginia, established by the convention which assembled at Wheeling on the 11th day of June, 1861, and that the person offering to vote has not willingly aided the rebellion since the first of January, 1864. The Legislature has authority to restore persons disfranchised by these provisions, from time to time, as it may deem best. At the last session, it removed the disability from all officers who were called out by the rebel State authority in 1861, and who had not gone into the rebel army after they were disbanded. Thus, State sovereignty—the status of the African race— the armed resistance to the Government of the United States—are disposed of; and we have arrived at the important point of the restoration of our State to all its former relations in the Union. This is a delicate task, and one that demands great wisdom and prudence.

Since coming to Richmond he had conversed with intelligent men of every shade of political opinion and from every portion of the State, He was convinced, he said, that if the test of loyalty prescribed by the Constitution was enforced in the election and qualification of officers, it would render organization impracticable in most of the counties of the State. "It was folly to suppose that a State could be governed Page 817 under a republican form of government wherein a large portion of the State, nineteen-twentieths of the people, are disfranchised and cannot hold office. But, fortunately, by the terms' of the Constitution, the General Assembly has control of this subject. The restricting clauses of the Constitution were devised in time of war. But we have passed through this great and terrific conflict, waged on both sides with a skill and pertinacity seldom equalled. Men accept the facts developed by the logic of the past four years, declare that they have taken the oath of allegiance to the Government of the United States without mental reservation, and intend to be, and remain, loyal to the Government of their fathers. It would not be in accordance with the spirit of that noble Anglo-Saxon race, from which we boast our common origin, to strike a fallen brother, or impose upon him humiliating terms after a fair surrender." He recommended that the amnesty oath prescribed by the President, or one of a similar character, should be substituted for the one required by the State Constitution; also the passage of an act to legalize the marriage of persons of color; also that the State tax be increased to fifteen cents on the hundred dollars of taxable property; and that a day should be fixed for holding elections for members of the Legislature in counties in which no elections had been held, and for members of Congress.

The subject of disfranchisement was immediately taken up in both Houses, and the result of their action was, to allow all to vote for State officers who had not held office under the Confederacy or its State governments upon taking the amnesty oath. Those who had so held office could neither vote nor hold office. This restriction arose from a clause of the amended Constitution, prescribing an oath— "That I have not, since January 1, 1864, voluntarily given aid, etc." The Legislature therefore submitted to the people the question of the removal of this restriction upon office-holders, to be determined at the ensuing election in October.

This action of the Legislature was followed by the appearance of a large number of candidates for the offices, and considerable interest was awakened. Many of the candidates for Congress, finding that they would be unable to take the oath required by that body, withdrew. Some citizens of Albemarle County addressed a letter to President Johnson, asking if, in his opinion, Congress would probably insist upon the oath required, to whom the following reply was given:

                                         ATTORNEY-GENERAL'S OFFICE,

                              WASHINGTON, September 23,1865.

Messrs. Wood, John Cochrane, and, others, Charlottesville, Virginia:

Gents.: The President bag referred to me your letter, dated Charlottesville, Virginia, September, 1865, and I am instructed by him to say that he has no more means of knowing what Congress may do in regard to the oath about which you inquire than any other citizen. It is his earnest wish that loyal and a true men, to whom no objections can be made, should be elected to Congress.

This is not an official letter, but a simple expression of individual opinion and wish.

I am, gents, very respectfully, your obedient servant,

            JAMES SPEED, Attorney-General.

The election was held on October 12th, and the vote polled was the smallest ever given in the State. In the first eight Congressional districts, however, it exceeded 40,000. The constitutional amendment met with very little opposition. Many counties voted unanimously for the removal of the restriction.

The Legislature thus elected assembled at Richmond on December 4th. The Governor addressed the usual message to both Houses, in which he stated that in many sections of the State a fair crop had been gathered, which, with prudence and economy, would furnish food to the people until another harvest; that the debt of the State was $41,061,816, and the assets, consisting of stock of railroads and loans to them, with back interest, amounted to $27,709,819; that the bank stocks held by the State were probably all lost; that the investment in the James River Canal could not be relied on for income for many years: that for practical purposes the Literary Fund may be said no longer to exist. The holders of State bonds were pressing for the interest due, amounting to six millions of dollars, and the whole subject demanded most careful consideration. The relations of the State with the railroads were presented in detail; the condition of the public institutions, the freedmen, immigration, legal interest, militia, and all those subjects requiring more immediate attention, were explained with much fulness.

In the House, on the second day of the session, an act was introduced to repeal an act passed May 13, 1862, giving the consent of the Legislature of Virginia to the formation and erection of a new State within the jurisdiction of Virginia, etc. The rules were suspended, and it was passed at once, without a dissenting voice. Mr. Woodson, of Buckingham, said the act of the Legislature authorizing the division of the State, and the annexation of the counties of Jefferson and Berkeley to the new State of West Virginia, had not been ratified by the Congress of the United States, and he wished the consent of the State withdrawn before the ratification took place.

The bill was then sent to the Senate, where the rules were suspended, and it was passed. This act repealed the consent given for the formation of the State of West Virginia, and also the consent for the transfer of certain counties to that State.

For the amendment to the Constitution of the State, it was proposed to strike therefrom the following words: "No person shall hold any office under this Constitution who shall not have taken and subscribed the oath aforesaid. But no person shall vote or hold office under this Constitution who has held office under the Page 818 so-called Confederate Government, or under any rebellious State government, or who has boon a member of the so-called Confederate Congress, or a member of any State Legislature in rebellion against the authority of the United States, excepting therefrom county officers."

The bill was passed unanimously in the House under a suspension of the rules, and subsequently agreed to by the Senate.

A joint resolution was unanimously passed in the House praying the President of the United States to release Jefferson Davis and all political prisoners. The following is an extract:

We most respectfully recommend to his Excellency, Andrew Johnson, President of the United States, to release from confinement Jefferson Davis, and to restore to him his civil rights as a distinguished testimonial to the world of the magnanimity, forbearance, and sagacious wisdom of a great Republic, based on the enlightened freedom of independent States, and cemented by the compact of its illustrious founders. That we further recommend the release of all political prisoners, the restoration of the writ of habeas corpus, not only as a solid guaranty of restored peace, but as permitting the States to stand reunited, looking to the Constitution created by our fathers for their protection and safety, with the renewed assurance that Virginia will enter with mutual confidence and reciprocal good faith with her sister States upon her duties under the Constitution enacted and sustained by the spirit and teachings of her illustrious son, George Washington,

The session of the Legislature was extended into the ensuing year, and an immense number of bills of local interest were passed. Bills were also passed legalizing the marriage of negroes; repealing all laws relating to slaves and slavery; admitting them as witnesses in civil cases in which colored persons are interested, and in all criminal cases. Qualifications for suffrage were confined to white males of twenty-one years of age and upwards, who had resided in the State two years, and paid the taxes assessed upon them. For the action of the Legislature relative to West Virginia (see that title). The following resolutions relative to reconstruction were adopted, and a committee appointed to present them to President Johnson:

1. Resolved by the General Assembly of Virginia, That the people of this Commonwealth, and their representatives here assembled, cordially approve the policy pursued by Andrew Johnson, President of the United States, in the reorganization of the Union. We accept the result of the late contest, and do not desire to renew what has been so conclusively determined; nor do we mean to permit any one subject to our control to attempt its renewal, or to violate any of our obligations to the United States Government. We mean to cooperate in the wise, firm, and just policy adopted by the President, with all the energy and power we can devote to that object.

2. That the above declaration expresses the sentiments and purposes of all our people, and we denounce the efforts of those who represent our views and intentions to be different, as cruel and criminal assaults on our character and our interests. It is one of the misfortunes of our present political condition, that we have among us persons whose interests are temporarily promoted by such false misrepresentations; but we rely on the intelligence and integrity of those who wield the power of the United States Government for our safeguard against such malign influences.

3. That involuntary servitude, except for crime, is abolished, and ought not to be reestablished, and that the negro race among us should be treated with justice, humanity, and good faith, and every means that the wisdom of the Legislature can devise should be used to make them useful and intelligent members of society.

4. That Virginia will not voluntarily consent to change the adjustment of political power as fixed by the Constitution of the United States, and to constrain her to do so in her present prostrate and helpless condition, with no voice in the councils of the nation, would be an unjustifiable breach of faith— and that her earnest thanks are due to the President for the firm stand he has taken against amendments of the Constitution forced through in the present condition of affairs.

An act was also passed subjecting the following described persons to the penalties of vagrancy:

1. All persons who shall unlawfully return into any county or corporation whence they have been legally removed.

2. All persons who, not having wherewith to maintain themselves and their families, lire idly and without employment, and refuse to work for the usual and common wages given to other laborers in the like work in the place where they then are.

3. All persons who shall refuse to perform the work which shall be allotted to them by the overseer of the poor as aforesaid.

4. All persons going about from door to door, or placing themselves in streets, highways, or other roads, to beg alms, and all other persons wandering abroad and begging.

5. All persons who shall come from any place without this Commonwealth to any place within it, and shall be found loitering and residing therein, and shall follow no labor, trade, occupation, or business, and can give no reasonable account of themselves or their business in such place.

The overseers of the poor, or the special county police, upon discovering vagrants within their respective counties, were required to make a complaint before a justice of the peace, who, if the charge proved to be true, was required to order such person to be hired out for three months upon the best terms that could be obtained, to be applied to the use of the vagrant and his family, after payment of costs. If a vagrant abandoned the service, or ran away and was recovered, he was required to work an additional month without wages, and if necessary confined with ball and chain, etc.

On January 24, 1866, Major-General Terry issued an order "that no magistrate, civil officer, or other person shall, in any way or manner, apply, or attempt to apply, the provisions of the said statute to any colored person in this department." His objections were thus stated:

The said statute specifies the persons who shall be considered vagrants and be liable to the penalties imposed by it. Among those declared to be vagrants are "all persons who, not having the wherewith to support their families, live idly and without employment, and refuse to work for the usual and common wages given to other laborers in the like work in the place where they then are."

In many counties of this State, meetings of employers have been held, and unjust and wrongful combinations have been entered into for the purpose of depressing the wages of the freedman below the Page 819 real value of their labor, far below the prices formerly paid to masters for labor performed by their slaves.

By reason of these combinations, wages utterly inadequate to the support of themselves and their families have, in many places, become the usual and common wages of the freedmen.

The effect of the statute in question will be, therefore, to compel the freedmen, under penalty of punishment as criminals, to accept and labor for the wages established by these combinations of employers. It places them wholly in the power of their employers, and it is easy to foresee that, even where no such combinations now exist, the temptation to form them offered by the statute will be too strong to be resisted, and that such inadequate wages will become the common and usual wages throughout the State.

The ultimate effect of the statute will be to reduce the freedmen to a condition of servitude worse than that from which they have been emancipated—a condition which will be slavery in all but its name.

The amount of registered stock issued by the State is $21,996,398; do. of coupon bonds, $12,973,000. Since January 1, 1865, $269,822 of interest had been paid on the registered stock. With the exception of some parcels, the property which had been taken and held by the Federal Government as abandoned, was given up to the owners.

At the municipal election in Richmond, on July 28th, the Mayor, Attorney, and Superintendent of the Poor elected wore persons who had held commissions in the Confederate army. An order was issued by Major-General Turner forbidding an organization of the Common Council. The obnoxious persons declined. No meeting was, however, allowed until it become necessary to prepare for the State election, when a quorum was allowed to meet. By the retirement of certain members the objections of Generals Terry and Turner were removed, and the Council allowed to enter upon its duties.

The freedmen in the State come under the charge of the Freedman’s Bureau, and with the exception of a few local disturbances, the course of affairs was so similar to that in other Southern States, that it is unnecessary to repeat them.

Desolated as Virginia had been by the war, no State has manifested more prompt and sincere acquiescence in the result. Without reservation or reluctance, the State has assumed all the responsibilities, burdens, and other duties imposed upon her by the new situation. The State government, established by a handful of votes in the border counties, was honestly and cordially sustained; and Governor Pierpont suddenly found himself with a jurisdiction and a population almost as extensive as the largest States in the Union.


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