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[637] constitution and for the election of state officers, a legislature, and Representatives in Congress, was ordered to be held on June 22d, and a large number of radical amendments adopted. At the election the constitution was rejected by a majority of 7,629. The opposition candidate was also elected governor.

On October 1, 1867, the Chief Justice of the state, A. H. Handy, sent his resignation to the governor. He said:

It is apparent that the character and dignity of the Court can not be maintained, and that its powers must be held and exercised in subordination to the behests of a military commander.

On December 28, 1867, Major General Ord was succeeded by Major General McDowell. On June 15th the latter issued an order removing Governor Humphreys and appointing Major General A. Ames to the vacancy. Governor Humphreys declined to vacate the office, saying that the attempt to remove him was a ‘usurpation of the civil government of Mississippi, unwarranted by and in violation of the Constitution of the United States.’ A squadron of soldiers was sent by the military commander of the post, which marched in and took possession of the office. The house of the governor was then demanded for the new incumbent of the office. As Governor Humphreys refused to vacate it, a file of soldiers came and ejected him.

After the rejection of the so-called new constitution, its friends applied to Congress, as the sovereign, to throw out the vote of several counties and declare the constitution to be adopted. This action was recommended on the ground, as they said, that the election had not been fairly conducted, and that violence and intimidation had, in many parts of the state, prevented a full and just vote. The constitution was defeated, not, as thus alleged, by fraud and intimidation, but distinctly for the reason that it was more vindictive in its spirit than the people, white or black, would tolerate, and more proscriptive in its provisions than the acts of Congress required.

In March, 1869, the provisional governor of the state, Major General A. Ames, was made the military commander of the Fourth Military District. At the same time a joint resolution was passed by Congress, which ordered that all persons holding office in Mississippi who could not take the test oath prescribed in 1862 should be removed from office. By the aid of this weapon it was expected that General Ames would make the state organization so-called Republican. Meanwhile Congress passed an act which authorized the President to submit the constitution of the state to another election by the people, with a separate vote on its

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