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had refused payment, on the ground that money could only be paid out of the State Treasury on warrants drawn by the Governor. Find ing this to be the state of the case, I appealed to His Excellency, Charles J. Jenkins, and requested, in view of the necessities of the Convention, of the law of Congress authorizing this Convention, and the ordinances levying a tax for the payment of its expenses, that he would draw the necessary warrant for the sum required for their immediate and pressing expenses. The Governor in reply declined to draw any warrant except under appropriation by Law, and informed me very distinctly, that he did not acknowledge, and would not be bound by the Reconstruction Acts of Congress, which, in his judgment were unconstitutional, null and void. On receipt of this communication there was no alternative but the removal of Governor Jenkins, which was accordingly done, and Brevet Brigadier General Thomas H. Ruger assigned to duty in his place. Subsequently I was compelled to remove the State Treasurer and Comptroller, assigning to these positions Captains Rockwell and Wheaton of the Army. I considered it judicious policy to avail myself of the authority granted in the Reconstruction Laws, to detail officers of the army to perform these duties, as in this way I gave evidence to the people of the State and of the country, that my only object in making the removals, was the execution of the Law, and that the same was free from any personal or political bias. It affords me gratification to say that I believe the effect of these changes was most beneficial, and that the administration of General Ruger and his associates, who continued in office 'till the State was admitted to representation, was in every way creditable to them and satisfactory to the people of all parties in the State.

Soon after my arrival at my post I received numerous communications from respectable citizens, complaining of the effect of the passage, by the Conventions of Alabama and Georgia, of acts known as Relief Laws, which were intended as stay laws, to afford relief to debtors from the immediate pressure of their creditors. It was urged that the acts of these Conventions, not being binding nor having the effect of law till ratified by a vote of the people, and it requiring time before this vote could be taken, that in view of the probable acceptance by the people of these acts, creditors were hurrying their action and pressing their debtors, thus making these measures really acts of oppression, and I was called on to interpose my authority, and give to these acts the force of law until the people could vote on them. Although personally opposed in principle to any laws interfering with the rights of creditors, there was nevertheless so much force in the reasoning advanced, and the demand from all classes was so imperative, that after consultation and approval of the General-in

Chief, orders were issued making said acts laws, until reversed or confirmed by the vote of the people.

Immediately on taking command I was applied to from all parts of the several States comprising the District, for the removal of incumbents in office and the substitution therein of individuals nominated. These applications were based on various grounds, some purely personal or political, others on the necessity of a change in order to carry reconstruction, and sometimes on the ground of neglect of duty, or malfeasance in office. As it was impossible for me, in my ignorance of men, to form any judgment on the complaints preferred, or on the fitness and capacity of those seeking office, I determined to abstain from making any changes except where there was proved neglect of duty, malfeasance in office, open refusal to obey the Reconstruction Laws, or attempts to obstruct their execution. In all cases I required written charges and evidence to be produced, and when these charges affected, as they did in many instances, whole municipal bodies, I directed investigation by boards of officers, and in all cases gave those accused, a full hearing and every opportunity to defend themselves. A firm adherence to this rule, and the reports of several boards nonconcurring in the charges presented, relieved me, after a while, from the great pressure brought to bear and during the whole course of my administration there was not a removal made that the archives of the District will not show was made for some cause alleged, and after investigation. There were necessarily many appointments made to fill vacancies caused by deaths, resignations and removals of incumbents from the Counties or States they were living in. Another difficulty which operated to compel me to adopt the course above reported, was the fact that by the Reconstruction laws no person could be appointed to office without taking the oath prescribed, which was of such a character that it limited to a very small number the persons able to hold office. So great was this difficulty, that when I saw a bill in Congress requiring the vacation of all offices by those not able to take the test oath, I felt it my duty to telegraph the General-in-Chief that if this became a law, it would be impossible to fill the offices, as there were not enough such persons in either of the States to fill half the civil offices in these States, and I urgently recommended authority be granted me to appoint to office registered voters. The bill did not become a law, and no change was made in my policy.

As previously stated the Convention in Alabama, had under my predecessor, assembled and framed a Constitution which was to be submitted to the people. The Convention had fixed the 4th day of February on which to hold the election, and my predecessor directed in orders, the election to continue for two days, with as many precincts

as the managers might deem advisable. On representation to me that two days was insufficient to enable all the votes to be received, an extension by my authority was made of the time to four days, but the precincts limited in each county to three. The election was held at the time specified, but owing to a violent storm occurring the first two days, the time was further extended one day, making five in all. A special report having been made on the subject of this election, I deem it only necessary to say here, that from all the evidence I could procure, (and I caused the most thorough investigation to be made), the Constitution was fairly rejected by the people, under the law requiring a majority of the registered voters to cast their ballots for or against, and that this rejection was based on the merits of the Constitution itself, which was obnoxious to a large body of the friends of reconstruction, proved so by the fact, that out of nineteen thousand (19,000) white voters for the Convention, there were only five thousand (5,000) for the Constitution, and partially from the fact that the Constitutional Convention had made nominations to all the State officers, which ticket was not acceptable in all respects to the party favoring reconstruction. It will be seen by an inspection of the telegrams accompanying this report, that I had advised against an election for State officers at the same time the Constitution was being voted on, believing that the same was not only not required by the Reconstruction Laws, but that there were objections arising out of personal and partisan feelings that would or might affect the vote on the Constitution. After the rejection of the Constitution, I was in favor of its being revised by re-assembling the Convention, and so officially reported. Congress, however, admitted the State, and the Legislature convened under the Constitution, has in some measure, modified its most obnoxious features. Upon the subject of this election in Alabama, I beg leave to refer to my special report and to the telegraphic correspondence hereto annexed.

The election for members of the Constitutional Convention in Florida having been held under the direction of my predecessor, he had advised the assembling of the same on the 20th of January, 1868. Prior to the assembling of the Convention, I had referred to me by the President of the United States, a memorial, sent to him by the Provisional Governor of the State, and signed very unanimously by prominent citizens, in which the gravest charges were brought against the managers of the election, involving frauds of all kinds, and even charging the registration of the State, and the districting of the same as having been fraudulently executed, the memorialists urging me to interpose my authority, suspend the meeting of the Convention, and proceed to investigate the charges which they pledged themselves to

prove. Upon examination of the law I could find no remedy short of Congressional action, even should their grave charges be proved. I therefore made no change in the period fixed for the assembling of the Convention, but ordered a Board of Officers to investigate the charges, notifying the memorialists of my action, and pledging myself to place before Congress all the testimony they might put before the Board. It is hardly necessary to say, that when it was found the Convention was allowed to meet and do its work, the Board had little to do; and after remaining in session for some weeks, and calling without avail on the signers of the memorial for their evidence, the Board closed its session without having any charge proved of all those made. The Convention met, but soon after meeting, there arose dissensions and bickerings, resulting in the secession of a large part of the Convention, and the claim of both parties to be regarded as the legitimate Convention. For some time I allowed these dissensions to proceed, not seeing clearly how I could act until I had found that the Convention which had originally assembled, and which I had recognized as the legitimate body, had, by the secession of its members, been reduced below a legal quorum. When this arrived, I required this body either to bring in sufficient members to give them a legal quorum, or, failing in that, to accept certain terms of compromise, which, after reflection, I deemed just to both parties; or if this failed, I intimated I should assume the authority and proceed, in view of the impossibility of harmonizing the difficulties, to adjourn both Conventions, and refer the points in dispute to Congress for such action as it might deem proper to take. The compromise proposition having been accepted, the two parts of the Convention assembled, re-organized and proceeded to frame a Constitution, which was subsequently ratified by the people and adopted by Congress.

The Convention in Georgia, after being in session several months, finally, in March, adopted a Constitution, which, together with a State ticket, was submitted to the people in April, and ratified by a very handsome majority of the registered vote; all parties taking part in the election. This Constitution with some modifications was adopted by Congress; and the Legislature, which convened in July, making these modifications and otherwise complying with the requirements of the Reconstruction Laws, the State, together with Alabama and Florida, were, by Act of Congress, formally admitted to representation.

There is one point in regard to the admission of the State of Georgia, to which I feel called upon to make special allusion. When the Legislature was convened by the Provisional Governor and Governor elect, the question arose whether as Military Commander, I was called on to enquire into the eligibility of the members, either under the

United States laws, or the Constitution of Georgia. The Convention of Georgia had in its ordinance calling an election, directed that all returns should be sent to the Military Commander of the District, who was requested to issue the necessary certificates of election. In carrying out this request of the Convention, I deemed my duty simply required that I should give the member having the greatest number of votes the ordinary certificate of election, and that it would be for each House to decide on the elegibility of these members, whose seats were on any grounds contested. Whilst I admitted as District Commander, executingthe law, I was to see that no one ineligible to office under the Fourteenth Article Constitutional Amendment should be allowed to take office, I did not see that in the case of a parliamentary body, I was called on to decide on the qualifications of the members. In this view, I was sustained by a telegram sent to me for my information from the War Department, which had been sent to the Governor of Lousiana and the Military Commander of the Fifth District, and which I quote:

"WASHINGTON, June 30, 1868.

"To Governor Warmouth, New Orleans:

"We think that persons disqualified under the Fourteenth Article of the Amendment to the Constitution of the United States, are not eligible to your Legislature. This is to be determined by the respective Houses, but no oath can be imposed except the oath prescribed by

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It will be seen by the above telegram that the distinguished gentlemen whose names were attached, were of the opinion, First, that no one ineligible to office under the Fourteenth Article could take a seat in the Legislature; Second, that the respective Houses were to judge of the question; Third, that no oath testing this eligibility could or should be prescribed in advance of the meeting of the Legislature. These views being in accordance with my own, I acted on them, and was present at the organization of the two Houses of the Georgia Legislature; to the members declared in my order as having the highest number of votes, there being administered only the oath prescribed by the State Constitution. After these Houses were organized, the Provisional Governor informing me officially of their organization, but that as far as he could learn, no steps had been taken to test the question of the eligibility of members under the Fourteenth Article, I replied to the Governor that until the State was admitted to represen

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