a Constitution of State government, which is republican," and that its legislature had duly ratified the Fourteenth Amendment. It then enacted, in terms similar to those in the statutes admitting new States:

"That the State of Arkansas is entitled and admitted to representation in Congress, as one of the States of the Union, upon the following fundamental condition: That the Constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the Constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to all the inhabitants of said State; Provided, That any alteration of said Constitution prospective in its effect may be made in regard to the time and place of residence of voters." 188

On June 25th, 1868, an act, substantially similar to that for Arkansas, admitted to representation in Congress the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida. This provided that it should only take effect as to each State upon the ratification of the Fourteenth Amendment by its legislature. The admission of Georgia to representation was further conditioned upon the annullment of certain provisions in the State constitution which impaired the obligation of contracts, and the assent by the legislature to such condition. 139 The States affected by these acts promptly ratified the amendment.140 On July 21st, 1868, a joint resolution was passed by Congress, declaring that the amendment had been ratified, and was a part of the Constitution of the United States.141 On July 28th, military rule was withdrawn from all the States except Virginia, Mississippi and Texas.142 Delegations from all who had thus ratified the Fourteenth Amendment, were promptly admitted to Congress. On July 20th, Congress passed, over the veto of President John

138 15 St. at L., p. 72.

139 15 St. at L., p. 73.

140 Florida had so acted, June 9, 1868, before the passage of the bill. North Carolina ratified, July 1, Louisiana and South Carolina, July 9, Alabama, July 13, Georgia, July 21

(McPherson, History of the Reconstruction, pp. 353, 428, 429).

141 Ibid., p. 380.

142 Grant's General Order of that date (McPherson, History of the Reconstruction, p. 422).

son, a joint resolution, which declared "that none of the States whose inhabitants were lately in rebellion shall be entitled to representation in the electoral college" until after compliance with the Reconstruction legislation.143

The platform upon which Grant was elected President contained the plank :

"The guaranty by Congress of equal suffrage to all loyal men at the South was demanded by every consideration of public safety, of gratitude, and of justice, and must be maintained; while the question of suffrage in all the loyal States properly belongs to the people of those States.'

"144

But Republicans as well as Democrats had protested against the injustice of forcing upon the South a rule which the North was unwilling to accept.145 The blacks above Mason and Dixon's line were too few to be able to out-vote the rest. Experience has proved that the education of one or more generations of freedmen had fitted them to exercise the right of suffrage which some States had previously extended to them. At the session of Congress immediately after the presidential election, the Fifteenth Amendment was introduced. On February 25th, 1869, it was sent to the State legislatures for consideration in its final form:

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enfore this article by appropriate legislation."

The ratification of this amendment was now made an additional condition to the rehabilitation of Virginia, Mississippi and Texas.146 The task was not too burdensome, since they thus helped to fasten upon the other States that which Congress had previously compelled them to assume themselves. Upon compliance with this and the provisions of the previous reconstruction acts, they were admitted to representation, Virginia, on January 28th, 147 Mississippi, February 23d,148 and Texas, March 30th, 1870.149 Each of

148 McPherson, History of the Reconstruction, p. 378.

144 Republican National Platform, adopted at Chicago, in May, 1868.

145 Blaine, Twenty Years in Congress, vol. ii, p. 412.

146 Act of April 10, 1869; 16 St. at L., p. 40.

147 16 St. at L., p. 63.
148 16 St. at L., p. 67.

149 16 St. at L., p. 80.

the acts concerning these States stated in its preamble that the people had framed and adopted a Constitution of State government which was republican, and the legislature had ratified the two new amendments, and that "the performance of these several acts in good faith is," in the case of Virginia "was," 150 a condition precedent to the representation of the State in Congress." 151 The body of each act stated that the admission to representation

was

"upon the following fundamental conditions: First that the" State Constitution shall never be so amended as to deprive any citizen or class of citizens of the United States of the right to vote, who are entitled to vote by the Constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State: Provided that any alteration of said Constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Second, That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the Constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens. Third, That the State Constitution shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the Constitution of said State." 152

The last condition referred to the establishment of a system of free education for all children in the State.

A hitch in the proceedings, caused by the action of her legislature, made Georgia the last State to obtain rehabilitation. After her ratification of the Fourteenth Amendment and the admission of her representatives to the Thirty-ninth Congress, the legislature, believing the State secure, admitted members who were disqualified by the Fourteenth Amendment and ousted from their seats all colored men elected, upon the ground that although the State Constitution gave them the right to vote, they had acquired no right to hold office; and then rejected the Fifteenth Amend

150 16 St. at L., p. 63.

151 16 St. at L., pp. 67, 80.

152 16 St. at L., pp. 63, 67, 80.

ment.153 The Supreme Court of the State subsequently held that negroes had the constitutional right to hold office. 154 The Fortieth Congress, in December, 1869, refused to admit her delegation to either house, but referred their credentials to the Committees on Privileges and Elections.155 On December 22d, Grant approved "An act to promote the reconstruction of the State of Georgia." The governor was required to reconvene the General Assembly to perfect its organization in conformity with the new statutory requirements. It "declared that the exclusion of any person or persons elected as aforesaid, and being otherwise qualified, from participation in the proceedings of said Senate and House of Representatives, upon the ground of race, color or previous condition of servitude, would be illegal and revolutionary, and is hereby prohibited." All members were required to take a test-oath, swearing that they were not disqualified by the Fourteenth Amendment, under the penalty of punishment by the Federal court for perjury. The ratification of the Fifteenth Amendment was made a further condition to the admission of the State to representation. And the President was directed, on the application of the governor, to employ the army and navy to execute the provisions of the act. 156 act.156 The State was coerced into submission. Her legislature restored the blacks, excluded the disfranchised whites, and ratified the new Amendment. On July 15th, 1870, an act was passed which finally restored to her representation in Congress.157 For the first time. since December 20th, 1860, Congress represented all the United States.

But military despotism in the South was not ended by the admission of the States to representation in Congress. The governments which had been set in operation by the army were too weak to maintain themselves after its support was removed. Composed of the proletariat, ignorant blacks, led by unscrupulous men of mixed race and the white carpet-baggers 158 from the North and

153 Blaine, Twenty Years in Congress, vol. ii, p. 464.

154 White v. Clements, 39 Ga., 232. 155 Blaine, Twenty Years in Congress, p. 464.

156 16 St. at L., p. 80.
157 16 St. at L.,
p. 363.

158 So called because they were supposed to have taken all their property with them in a carpet-bag. The term was originally applied to the wild-cat bankers in the West, but has gained an enduring place in history by its application to the Northern ad

"scallawags" in the South, who had deserted their own people in the hour of defeat, they looted the public treasuries, and took vengeance upon their former masters by oppressive taxation and illegal pledges of the credit of the States, to obtain money which they might steal. The tax-payers, Union men 159 as well as former Confederates, combined against them. Disfranchised as were many, and out-voted as were the rest, the owners of property resorted to violence and intimidation to protect their rights. The White-League and the Ku-Klux Klan spread terror among the negroes; and, upon the call of carpet-bag governors, President Grant sent soldiers to preserve order and supervise elections. The writ of habeas corpus was suspended, 160 and more than six hundred military arrests were made in a few counties of South Carolina during a single year.161

But the use of the army was not confined to the subjugation of the taxpayers. The thieves quarrelled over their plunder; rival Governors and rival legislatures claimed recognition and authority; and the decision as to the legitimacy of each was submitted to the Federal Attorney-General, whose awards were supported by the army. Even the judges of the Circuit and District Courts of the United States took sides in the disputes; granted injunctions to assist their partisans; and, it was charged, shared in the plunder thus obtained. Grant endeavored to persuade the Supreme Court of the United States to detail one of their members to pass upon

venturers who moved to the South during the period of Reconstruction, and took the leadership of the Republican party there. A few among them, however, were men of character as well as ability. Amongst these was Governor Daniel H. Chamberlain of South Carolina. His career is described by Allen, History of the Administration of Governor Chamberlain. The best account of the situation, from their point of view, is A Fool's Errand, by one of the Fools (Albion W. Tourgee).

159 This is admitted by Blaine, Twenty Years in Congress, vol. ii, p. 473.

160 St. at L., 13, 15.

161 Appleton's Annual Encyclopædia for 1871. The Congressional report gives an account of the Ku-Klux Klan, House Reports, No. 22, Parts 1 to 13, 42d Cong., 2d sess., vol. ii, Feb. 19, 1872; Senate Reports, No. 41, Parts 1 to 13, ibid. House Mis. Doc., No. 23, 40th Cong., 3d sess., vol. i, Jan. 18, 1869. A good account of the organization of the society in North Carolina is in the testimony taken upon Governor Holden's impeachment trial, infra. The best history of the white outrages in the South is by Cox, Three Decades of Federal Legislation.