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Section 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of its citizens; and they have the right to alter or amend the same whenever the public good may require it, but the paramount allegiance of every citizen is due to the Federal Government, and no power exists with the people of this State to dissolve its connection therewith.

Section 3. This State shall ever remain a member of the American Union: the people thereof a part of the American nation, and any attempt from whatever source, or upon whatever pretence, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State.

In compliance with an ordinance purposely inserted in this organic law, as soon as a majority of the delegates had voted for its adoption, their president gave public notice through the press that the new State constitution would be submitted to the people for their ratification or rejection in a general election to be held on the first Monday, Tuesday, and Wednesday of May, 1868. Having thus completed its work, the convention adjourned. Before adjourning, however, it organized itself again into a Nominating Convention, the president of the former presiding also in the latter, but not all the delegates were admitted in it. This exclusion was stoutly opposed by several even of those who were admitted, and who, on that account, left the assembly, refusing to take part in its proceedings. This meeting nominated Harrison Reed for Governor, William G. Gleason for Lieutenant-Governor, C. M. Hamilton for member of Congress, all three outside of the Constitutional Convention. It nominated also the three presidential electors from among its own members. No other State officers were nominated, since the new constitution confers upon the Governor the power of appointing all of them in every department of State administration, constables only excepted. These, it is ordained, "shall be elected by the registered voters," each county being "entitled to at least two constables." The number of State officers to be appointed by the Governor (and confirmed by the Senate), with the salaries assigned to some of them, was condensed in a list, published in the papers of April 9, 1868, as follows:

One Chief and two Associate Justices for life, with salaries of four thousand dollars per annum. Seven Circuit Judges for eight years, salaries of three thousand five hundred dollars per annum.

A Secretary of State, Attorney-General, Comptroller, Treasurer, Surveyor-General, Superintendent of Public Instruction, Adjutant-General, and Commissioner of Immigration, for four years, with salaries of three thousand dollars per annum.

All commissioned officers of the militia. And the following county officers: Assessors of Taxes, Collectors of Revenue, County Treasurers, County Surveyors, Superintendents of Common Schools, and five County Commissioners in each county," each of whom shall hold his office for two years; " and "such officers shall be subject to removal by the Governor when in his judgment the public welfare will be advanced thereby."

County Court Judges to hold office four years. "As many Justices of the Peace as he may deem necessary;" and "Justices of the Peace will hold their

offices during good behavior, subject to removals by the Governor at his discretion."

Seven State Attorneys, one in each judicial circuit, to hold office four years.

County Sheriffs and Clerks of Circuit Courts to hold office four years.

The general election, to be held on the ratification of the new constitution, was ordered and its conduct provided for, by General Meade, in the following order of March 16, 1868:

General Orders, No. 41.

HEADQUARTERS, THIRD MILITARY DISTRICT) (DEPARTMENT OF GEORGIA, FLORIDA, AND ALABAMA), ATLANTA, GA., March 16, 1868. I. Whereas, The Constitutional Convention recently assembled in Tallahassee, Fla., in compliance with General Orders No. 110, issued from these headquarters, December 28, 1867, did, in pursuance of the to frame a constitution and civil government for the Acts of Congress mentioned in said orders, proceed State of Florida, and provide for the publication of said constitution; and did further, by an ordinance of said convention adopted February 25, 1868, subtered and to be registered as voters under the Acts of mit for ratification to the persons in said State regisCongress specified in said General Orders, at an election to be conducted according to the provisions of said acts, to be held in the various counties of said State, on the first Monday, Tuesday, and Wednesday of May, A. D. 1868;

II. And whereas, By an Act of Congress which became a law March 12, 1868, it is provided that, hereafter, any election authorized by the Acts of Congress aforesaid, shall be decided by a majority of the votes actually cast; and at the election, in which the question of the adoption or rejection of any constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election upon presentation of his certory evidence of registration, under such regulations tificate of registration, his affidavit, or other satisfacas the district commander may prescribe;

III. And whereas, Said Acts of Congress provide that the election for ratification of said constitution ed or to be appointed by the commanding general, shall be conducted by the officers or persons appointand at the date fixed by said convention:

IV. It is ordered, That an election be held in the State of Florida on the first Monday, Tuesday, and Wednesday of May, 1868, at which the registered stitution submitted to them by the ordinance aforevoters of said State may vote for or against the consaid. Those voting in favor of the constitution shall have written or printed on their ballots the words

For the Constitution," and those voting against the constitution shall have written or printed on their ballots the words "Against the Constitution."

V. It shall be the duty of the Boards of Registration in Florida, in accordance with said Acts, commencing fourteen days prior to the election herein ordered, and giving reasonable public notice of the time and place thereof, to revise, for a period of five days, the regis tration lists, and upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such Boards shall also, during the same period, add to such registry the names of all persons who, at that time, possess the qualifications required by said Acts, who have not been already registered.

In deciding who are to be stricken from or added to the registration lists, the Boards will be guided by the Acts of Congress' relating to reconstruction, and their attention is especially called to the Supplementary Act which became a law July 19, 1867.

VI. Said election shall be held in each county in said State under the superintendence of the Boards

of Registration, as provided by law, and polls will be opened, after due and sufficient notice, at as many points in each county, not exceeding three, as, in the opinion of said Boards, may be required for the convenience of voters. And in any city, or other place, where there is a large number of voters, it is hereby made the duty of said Boards to open as many polls as may be necessary to enable the voters to cast their votes without unreasonable delay.

VII. Any person, duly registered in the State as a voter, may vote in any county in the State where he offers to vote, when he has resided therein for ten days next preceding the election. When he offers to vote in the county where he was registered, and his name appears on the list of registered voters, he shall not be subject to question or challenge, except for the purpose of indentification, or as to residence. And any person so registered, who may have removed from the county in which he was registered, shall be permitted to vote in any county in the State to which he has removed, when he has resided therein for ten days next preceding the election, upon presentation of his certificate of registration, or upon making affidavit before a member of the Board of Registration, or a judge or manager of the election, that he is registered as a voter, naming the county in which he is so registered; that he has resided in the county where he offers to vote for ten days next preceding the election, and that he has not voted at this election. Blanks for such affidavits will be supplied by the Boards of Registration, and the name of the voter making oath must be indorsed on his ballot, and all such affidavits must be forwarded with the returns of the election.


VIII. The polls shall be opened at each voting-place, during the days of election, at 7 o'clock A. M., and close at 9 o'clock P. M., and shall be kept open between those hours, without intermission or adjourn IX. All public bar-rooms, saloons, and other places for the sale of liquor at retail, at the several county seats, and at other polling-places, shall be closed from 6 o'clock of the evening preceding the election, until 6 o'clock of the morning after the last day of the election. Any person violating this order shall be subject to fine or imprisonment. Sheriffs and their deputies and municipal officers will be held responsible for the strict enforcement of this prohibition by the arrest of all persons who may transgress the same.

X. The sheriff of each county is hereby required to be present at the county seat, and to appoint deputies to be present at each polling-place in his county, during the whole time that the polls are kept open, until the election is completed, and is made responsible that no interference with the judges of election, or other interruption of good order, shall And any sheriff, or deputy sheriff, or other civil officer, failing to perform with energy and good faith the duty required of him by this order, will, upon report made by the judges of the election, be arrested and dealt with by military authority, and punished by fine or imprisonment.


XI. The commanding officer of the District of Florida will issue, through the Superintendent of Registration for this State, such detailed instructions as may be necessary to the conduct of said election in conformity with the Acts of Congress.

XII. The returns required by law to be made of the result of said election, to the commanding general of this military district, will be rendered, by the person appointed to superintend the same, through the commanding officer of the District of Florida, and in accordance with the detailed instructions already referred to.

XIII. No person who is a candidate for office at said election shall act as a registrar, judge, inspector, manager, clerk, or in any other official capacity connected with conducting election.

XIV. Violence, or threats of violence, or any opt pressive or fraudulent means employed to prevent any person from exercising the right of suffrage, is

positively prohibited, and every person guilty of using the same shall, on conviction thereof before a military commission, be punished by fine or otherwise.

XV. No contract or agreement with laborers made for the purpose of controlling their votes, or of restraining them from voting, will be permitted to be enforced against them in this district.

By order of Major-General MEADE. R. C. DRUM, Assistant Adjutant-General.

By a separate order dated March 17th, the General extended the provisions of the foregoing to the election for State officers also, prescribing "that at the same time and place at which an election shall be held in the State of Florida upon the ratification of the constitution submitted by said convention, an election shall also be held for the Governor, Lieutenant-Governor, one member of Congress, State Senators and Representatives, and county officers," and that the last-named election "shall be conducted by the same persons and in the same manner as the first.

The results of these elections were that the new constitution was ratified, and the abovenamed Governor, Lieutenant-Governor, and member of Congress elected by the people with a large majority of votes, notwithstanding the seemingly strong opposition early set on foot, and long continued, on the part of the Democrats to hinder them. Complaints of illegality and fraud in the registration, or voting, were made after the election, and affidavits that falsebottomed boxes had been used in it were published by Democrats under the names of those who had constructed them; but counteraffidavits of the same persons, declaring the former to be false, were also published by the Republicans; and even a special committee of the Democratic party, "to whom was referred the matter of inquiring into the frauds committed at the late election," finally reported that "it would be utterly impossible for them to ascertain the number or quantity of said frauds."

As to the State Legislature, however, not a few of its members, both in the Senate and House of Representatives, were elected from among the Democrats; they being so styled in the return lists published at the time by Republican papers, to distinguish them from the other members whom they called after the name of their own party.

This Legislature, for whose first session the new constitution had fixed the 1st of June, 1868, met, and adopted the amendment to the Constitution of the United States, commonly known as "Article fourteen." In consequence of this, Florida was recognized as a State, and her representatives were allowed to take their seats in both halls of the Federal Congress, notwithstanding the veto of the President, who, on June 25th, returned the bill unsigned.

On June 29th, General Meade provided for by the military power of the United States to the surrender of the government of Florida the civil authority of the State, as follows:

General Orders, No. 92.


Whereas, Official information has been received at these headquarters from the Governor-elect of the State of Florida, that the Legislature of said State, elected under the provisions of General Order No. 43, current series, from these headquarters, have assembled, and complied with the requisitions of the Act of Congress which became a law June 25, 1868, entitled "An act to admit the States of North Caroli na, South Carolina, Louisiana, Georgia, Alabama, and Florida, to representation in Congress;" and whereas said act states that, on compliance with the conditions therein set forth by any State, the officers of said State, duly elected and qualified under the constitution thereof, shall be inaugurated without delay: It is therefore ordered,

1. That all civil officers, holding office in the State, whether by military appointment or by failure to have successors qualified, shall promptly yield their offices, and turn over to their properly elected and qualified successors all public property, archives, books, records, etc., belonging to the same.

2. Whenever the military commander of the subDistrict of Florida is officially notified of the inauguration of the State government-elect, military authority under the Acts of Congress, known as the reconstruction laws, will be at an end in said State; and it is made the duty of the sub-district commander to transfer every thing appertaining to the government of said State to the proper civil officers, and to abstain in future upon any pretext whatever from any interference with or control over the civil authorities of the State in the persons and property

of the citizens thereof.

By order of Major-General MEADE. R. C. DRUM, Assistant Adjutant-General.

On July 1st, the civil governor, who held his office by virtue of the State constitution obtaining since 1865, notified the Governor elected under the auspices of the new constitution, as follows:

July 2, 1868.
His Excellency Harrison Reed, Governor of Florida:
SIR: I have this moment received an order from
General Meade to surrender the government of the
State to you, and I am ready to make the surrender

Please call at the Executive office.
Yours, most respectfully,

D. S. WALKER. The change of persons occupying the chair of the State government took place on the same day.

On July 2d, the new Governor addressed to the military commander of the sub-District of Florida the following communication:

EXECUTIVE OFFICE, TALLAHASSEE, FLA., July 2, 1868. COLONEL: I have the honor to inform you that the State government provided under the new constitution for the State of Florida, in accordance with the

reconstruction laws of Congress, has been duly inaugurated, and all the conditions precedent to the admission of the State into the Federal Union have been complied with, and our Representatives admitted to Congress.

With high respect, I am, colonel,
Your obedient servant,

To Colonel JoHN T. SPRAGUE,
Commanding District of Florida, Jacksonville.
The 4th of July, 1868, was celebrated in

Florida in an unusual manner. On that day, and in the same hour, by one continued act, her State government was both formally surrendered by the military to the civil power, and inaugurated in the person of the Governor newly elected by the people. The ceremony took place within the hall of the House of Representatives, in the presence of the members of both branches of the Legislature, who had assembled there in joint session for the occasion, and of as many people as the room could hold.

On July 27th the War Department at Washington issued the following order:

The commanding generals in the Second, Third, Fourth and Fifth Military Districts, having officially reported that Arkansas, North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have complied with the reconstruction acts, including the act of June 25, 1868, and that consequently so much of the act of March 2, 1867, and all acts supplementary thereto, providing for military districts, subject to the military authority of the United States, as therein provided, have become incorporated in said States, and commanding generals have ceased exercising military powers conferred by said acts; there fore, the following changes will be made in the organization and command of military districts and geographical departments:

First. The Second and Third Military Districts having ceased to exist, North Carolina, South Carolina, Georgia, Alabama, and Florida will constitute the Department of the South, General Meade to command, with headquarters at Atlanta, Georgia.

In execution of this arrangement, and by direction of General Meade, Colonel Sprague, dated August 4th, declaring her condition in the sub-commander in Florida, issued an order military matters to be now changed from subdistrict into district, and this to be officially called after her own name. By a further order of the 5th, the colonel made a new distribution of the United States force under his command, by establishing three military posts at different points within the State, concentrating and stationing in each of them a sufficient number of men and officers to do duty.

The first session of the Legislature of Florida under the new constitution lasted for about two months, and on August 6th both Houses adjourned to the 3d of November. During that period they had transacted a vast amount of business on almost every matter of public interest.

As the opening of the next regular session, fixed by the constitution for the first Tuesday of January, 1869, was drawing near, while sev eral Senators and Representatives had in the whose functions were by the constitution de mean time resigned, or been appointed to offices clared incompatible with those of members of the Legislature, Governor Reed and George J. Alden, Secretary of State, issued, on October 28th, a joint proclamation, declaring the seats before occupied by said Senators and Assemblymen vacant, and ordering that, in the districts and counties represented by them, an election should be held on December 29, 1868, for filling up their respective vacancies in either House.

According to their adjournment of August 6th, the Legislature met on November 3d. By a proclamation of this date, however, Governor Reed convened them for that same day at eight o'clock, P. M., in extraordinary session, to deliberate on special matters, as follows:

November 3, 1868.

Whereas, There has been no appropriation made for the expenses of the joint convention for the ap pointment of electors of President and Vice-President of the United States; and whereas, Serious obstacles to the administration of justice exist on account of the want of general power in the courts to empanel juries under existing laws; and whereas, Power should be granted for the appointment of a Board of Commissioners to equalize and secure uniformity in the value of taxable property throughout the State:

Now, therefore, In order that such legislation may be had as will secure these ends, I, Harrison Reed, Governor of the State of Florida, by virtue of the power in me vested by the constitution of this State, do hereby convene the Legislature in extraordinary session in the capitol at Tallahassee, on Tuesday, the third day of November, at 8 P. M., for the purpose above-mentioned, and for the confirmation of such appointments as may be submitted to the Senate. In testimony whereof, I have hereunto set my hand and caused the great seal of the State to [L. s.] be affixed this third day of November, A. D. 1868.

HARRISON REED, Governor of Florida.
By the Governor :
Attest-GEORGE J. ALDEN, Secretary of State.

By a message sent to both Houses on the same day, the Governor called their attention to the fact, that the senate as yet could do no business, the constitution fixing the number of its members at twenty-four, and ordaining that a majority of the House constitutes a quorum, whereas, those who had now presented themselves as Senators were twelve, and even four of these could have no part in the business, they having been appointed to, and actually holding offices, whose functions the constitution itself declares incompatible with those of Senators. Among these four was George J. Alden, the Secretary of State, who had issued the said joint proclamation, declaring the vacancy of his own seat in the Senate, and ordering an election in his district to fill it; and Horatio Jenkins, Jr., who was County Judge of Alachua and Levy Counties.

A bill providing for a per diem and mileage to be paid the members of the Legislature for this session passed both Houses soon after their meeting, and was sent to the Governor for his signature. On November 5th, he returned it unsigned, with the following message:

STATE OF FLORIDA, EXECUTIVE OFFICE, TALLAHASSEE, November 5, 1868. TO THE ASSEMBLY: I am reluctantly compelled by constitutional obligations to return, without my approval, the bill originating in the Assembly, entitled A bill to provide for the pay and mileage of the members and officers, and other expenses of the convention."

On the 6th day of August last, the two Houses of the Legislature met in joint convention, and adjourned to meet again on the 3d day of November instant. It was a self-imposed duty as members of the

VOL. VUL.-18 A

Legislature. The constitution limits the pay of the members of the Legislature to five hundred dollars per annum. That sum was drawn by each member during the first quarter of his official term, and no further pay can, in my judgment, be received without a palpable violation of the constitution. This bill seeks to pay each member in attendance five dollars per diem, and five dollars for every twenty miles travelled, in addition to the constitutional mileage.

Again, the official record discloses the fact that the tutional quorum, there being but seven members of a Senate passed this bill while sitting without a constibody constituted of twenty-four.

I fully recognize the right of each member in atmile for each mile travelled from their respective tendance to receive from the treasury "ten cents per places of residence, and the same to return." Very respectfully, etc.,


This bill was immediately voted upon and passed again by a two-thirds vote in both Houses, "the objections of his Excellency the Governor to the contrary notwithstanding."

On November 6th the above-named Mr. Jenkins, who still continued sitting as Senator, appeared before the House of Representatives as a citizen of the State of Florida, and preferred charges for the impeachment of Governor Reed, as follows:

Inasmuch as I, Horatio Jenkins, Jr., a citizen of Florida, having obtained much and sundry knowledge proving that Harrison Reed, Governor of Florida, has been guilty of many crimes and misdemeanors, and the proof being such that I sincerely believe him to be guilty, I prefer these reasons for impeachment:

1. He has been guilty of falsehood and lying, while transacting business with members of the Legisla ture, and other officers of the State.

2. I charge him with incompetency, inasmuch as he has filled commissions to officers in blank, and other irresponsible persons have issued them.

3. He has issued a proclamation declaring many seats of the Legislature vacant, before the members duly elected and returned had resigned or their legal term of service expired.

4. He has been guilty of embezzlement, having taken from the State Treasury securities and money, and sold such securities, and then failed to return a portion or all of the proceeds of the sale to the Treasury,

5. He has been guilty of corruption and bribery, having bartered and sold prominent offices in the State to sundry persons for money to him in hand paid, and nominated such persons to the Senate for confirmation. For and in consideration of these and many other crimes and misdemeanors which have come to my knowledge, I ask at the hands of the demeanors of Harrison Reed, Governor of Florida. Assembly the impeachment for high crimes and misHORATIO JENKINS, JR.

Hereupon the House, by a vote of twentyfive yeas and seven nays, แ Resolved, That Harrison Reed, Governor of Florida, be, and he is hereby, impeached of high crimes and misdemeanors in office." A committee of three was then appointed, who proceeded to the bar of the Senate, and, in "the name of the Assembly and of all the people of Florida, impeached Harrison Reed, Governor of the State of Florida, of high crimes and misdemeanors in office, and demanded of the Senate that they should take order to make him appear before that body to answer for the same, and announced


that the Assembly would present articles of impeachment, and make them good." Another committee of three was appointed "to prepare and report articles of impeachment against Harrison Reed, Governor of Florida, with power to send for persons, papers, and records, and to take testimony under oath." The sergeant-at-arms was sent to serve on Mr. Reed a certified copy of the charges and resolution relative to his impeachment;" while a committee of two was appointed "to wait immediately upon the Lieutenant-Governor, and furnish him with a copy of the resolution in reference to the impeachment of the Governor," and the Clerk ordered to "deliver to the Comptroller of Public Accounts, the State Treasurer, and the Secretary of State, a certified copy of the resolution, as passed the Assembly, relative to the impeachment of Harrison Reed, Governor." This being done, the Assembly adjourned to an early hour next morning.

In the evening of November 6th, the Lieutenant-Governer, who in this capacity was also president of the Senate, asserted his claim to the Executive Department and the exercise of the functions of Governor by the following proclamation:

EXECUTIVE CHAMBER, TALLAHASSEE, FLA., November 6, 1868. Whereas, The Assembly of Florida, as a duly-organized body, in extraordinary session, held by virtue of a proclamation issued by the Governor of Florida on the 3d day of November, A. D. 1868, have impeached Harrison Reed, Governor of Florida, of high crimes and misdemeanors in office; and, whereas, under the provisions of the Constitution of the State of Florida, the said Harrison Reed, Governor of Florida, is debarred from exercising the functions of the Executive office of the State, and the administration thereof devolves upon the Lieutenant

Governor :

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On November 7th the Assembly adopted a resolution, the Senate concurring, to adjourn "until the Tuesday after the first Monday in January, 1869, at 12 o'clock M.;" but the Senate refused to concur, when Mr. Gleason, assuming now to act as Governor, and using the power which the constitution gives the Governor in such cases, sent to both Houses a written message, "declaring the Legislature adjourned to the first Monday of January, 1869."

Governor Reed, however, stood his ground unmoved, and continued to perform the duties of his office, having, on November 6th, ap

pointed Jonathan C. Gibbs, a negro, as Secretary of State, in the place of George J. Alden. He regarded his impeachment as not in existence, because, when the committee of the Assembly formally impeached him at the bar of the Senate, and the Senate entertained the act of impeachment, there were no more than eight Senators present. On November 7th, he issued, therefore, a proclamation, declaring that he was rightfully exercising the duties of Governor, and should do so "until the judicial tribunals of the State determined otherwise." Two days after, making use of a power expressly given the Governor by the constitution of Florida, Mr. Reed addressed to the Justices of the Supreme Court of the State a lengthy communication, wherein, laying before them the journals of the two Houses, with their official proceedings in regard to his impeachment, he pointed to the parts of the constitution that may have a bearing on the matter, stated the position which he had taken in it, and proposed the two following questions:

1. Whether a Legislature of the State of Florida, consisting of a "Senate" and "Assembly," vested with the legislative authority of the State, has contion of the Governor, of November 3, A. D. 1868. vened in extraordinary session under the proclama

2. Admitting, under the several provisions of the constitution referred to, that a Legislature of the State, consisting of a Senate and Assembly duly organized and vested with the legislative authority of the State, had convened in extraordinary session, under the proclamation aforesaid, and were, under the constitution, competent to transact legislative business, are the proceedings of said Legislature, as shown by said exhibits B and C, in so far as they relate to my impeachment as Governor of the State of Florida, of constitutional validity of force, and am I, under section 15 of article v., and section 9 of article xvi., disqualified from performing the duties of my office, by reason of the proceedings had and taken, as aforesaid, in reference to my impeachment?

give him their answers in writing, and urged Upon these questions he requested them to them to do so on account of the situation of affairs, saying: "I am continuing to act as Governor, and the said Gleason is also assuming to act as Governor; the officers of the State do not know, in this unsettled and anomalous condition of things, whom to recognize as at the head of the Executive Department; the administration of the State government is obstructed, and the peace and welfare of the whole State jeopardized."

Not to mention upon this point the many occurrences which took place at Tallahassee in the night of November 6th and in the following days, the official paper of November 12th informed the public as follows: "Thus the matter stands at this writing-Governor Reed occupying the Executive Chamber, and Jonathan C. Gibbs occupying the Secretary of State's apartment in the Capitol, and Governor Gleason and Secretary Alden, who are under the constructive charge of the sheriff, performing their official duties in apartments at the City Hotel."

The paper which Governor Reed had sent to the Supreme Court on November 9th was com

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