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[630]

In Georgia, on the cessation of hostilities, the governor issued a proclamation calling a session of the legislature. But the commanding general issued an order declaring the proclamation to be null and void. Another military officer, in a letter to the governor, stated that he was instructed by the President to say to him, that ‘the persons who incited the war and carried it on will not be allowed to assemble at the call of their accomplice to act again as the Legislature of the State, and again usurp the authority and franchises. In calling the Legislature together again, without the permission of the President, you have perpetrated a fresh crime; and, if any person presumes to answer or acknowledge your call, he will be immediately arrested.’ The military authorities of the United States then took the control of affairs until the President's appointment on June 17th of James Johnson as provisional governor of the state, by a proclamation similar to the one issued in the case of Virginia. On July 13th he issued a proclamation prescribing the regulations for a state convention. Provost marshals had been stationed all over the state to regulate local affairs, and the laws in force previous to 1861 were ordered to be enforced. Delegates were elected on October 4th, and the so-called state convention assembled on October 25th. The ordinance of secession was repealed. The payment of the war debt was prohibited. The emancipation of the slaves was expressly recognized, and a socalled election for state officers, members of the legislature and of Congress, was appointed to be held on November 15th. The legislature assembled on December 4th, and unanimously adopted the thirteenth amendment to the federal Constitution, prohibiting the existence of slavery. Charles J. Jenkins, governor-elect, was inaugurated, and on December 19, 1865, the provisional governor relinquished the conduct of the state affairs to the constituted authorities. The Freedmen's Bureau Act and the Civil Rights Act of Congress were enforced by the military authorities.

The state legislature again assembled on November 1, 1866. The ratification of the fourteenth amendment to the Constitution of the United States was repassed to a joint committee of each house, which reported a resolution to refuse to ratify the same. In the Senate it was adopted unanimously, and in the House by a vote of 132 to 2. On April 1, 1866, Major General John Pope assumed command in the third military district, containing Georgia, Florida, and Alabama. An unsuccessful effort was made by the state at this time to bring the question of the constitutionality of the ‘reconstruction’ acts of Congress before the Supreme Court. Governor Jenkins took part in the application to the

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