Jefferson Davis, The Rise and Fall of the Confederate Government

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‘ [624] held in the state as slaves are now free, and that it is the duty of the army to maintain the freedom of such persons.’ Another order was then issued, defining and regulating the relations of the freedmen and whites. President Johnson issued his proclamation on May 29th, appointing a provisional governor, W. W. Holden, as in the case of Virginia. On August 8th the governor issued his proclamation for an election of delegates to a state constitutional convention on September 17th, and stated who would be permitted to vote, and the manner of election. The election was held, and the so-called convention assembled on October 2, 1865. Its first act declared the uninterrupted existence of the state in the Union, and that the ordinance of secession was null and void. The next prohibited slavery. The payment of the debt contracted during the war, by any future legislature, was forbidden. The repeal of the secession ordinance and the prohibition of slavery were ratified by the people. An election for state officers and members of Congress was held in November, and those who had taken the amnesty oath were the voters. The so-called legislature-elect held a session and ratified the amendment to the United States Constitution prohibiting slavery. On December 23d the governor-elect (Worth) was inaugurated, and the provisional governor retired, acknowledging Worth to be the legal and ‘loyal’ governor. Thus the state was subjugated on the plan of President Johnson.

The affairs of the state were thus conducted until the military acts of Congress went into operation, and on March 23, 1867, Major General Sickles issued his order assuming command. On April 11th he issued an order for the relief of debtors, by prohibiting imprisonment for debt, and ordering the stay of all proceedings for the collection of debts for twelve months. Writs of execution issuing out of the United States Circuit Court were not allowed to be served by the military commander at Wilmington. The question was taken to the Attorney General at Washington, and General Sickles appeared in his own defense. It was decided by the acting Attorney General to be ‘simply a case of a high misdemeanor, legally contemplated.’ General Sickles was removed, and Major General Canby succeeded. The state registration was completed in October, and contained the names of 103,060 whites and 71,657 blacks. The so-called election for a convention was held in November, and the convention assembled on February 14, 1868. The Bill of Rights adopted contained similar clauses to the one adopted by the Virginia Convention. The constitution was ratified, and state officers, members of the legislature, and representatives to Congress were elected