CHAPTER I. The Formation of Civil Government After the War. The Address and Proclamation of Provisional Governor Authorizing the Election of Delegates to Amend the Constitution. The Number of Delegates. Negroes Excluded from Voting by Governor's Proclamation. Election Held. Number of Votes Cast. On July 13th, A. D. 1865, President Andrew Johnson appointed William Marvin, Esq., as Provisional Governor of Florida, to proceed to establish civil government. The President embodied in the commission of the Provisional Governor an injunction that no person should be allowed to vote for the delegates to any convention called by his authority who was not a qualified voter before the 10th of January, A. D. 1861—or, in plain words, that no negro should be allowed to vote at said election. It will be noticed hereafter that although there were hundreds of negro soldiers garrisoning different parts of the State, who had shared, in common with their white brethren, the fatigues, sufferings and dangers of war and the battle field, and a great many of those inhabitants and natives of Florida were enrolled and mustered into the service of the United States, had marched and fought side by side with the First and Second Florida Cavalry, two white Federal regiments raised in Florida, they were called upon and commanded by the President of the United States to aid, encourage and assist in establishing a government in Florida which excluded them from enjoying the same privileges that their white brothers enjoyed. The Provisional Governor carried out in letter and spirit the President's proclamation, and issued an address to the people of Florida setting forth his duties and the duties of the voters. The address and proclamation of the Provisional Governor are as follows: TO THE PEOPLE OF FLORIDA : The civil authorities in this State having engaged in an organized rebellion against the Government of the United States, have, with the overthrow of the rebellion, ceased to exist, and the State, though in the Union, is without a civil government. The Constitution of the United States declares that the United States shall guarantee to every State in the Union a republican form of government, and shall protect each of these against invasion, insurrection and domestic violence. "In order to fulfill this guaranty, and for the purpose of enabling the loyal people of the State to organize a State government, whereby justice may be established, domestic tranquillity insured and loyal citizens protected in all their rights of life, liberty and property, the President of the United States has appointed me Provisional Governor of the State, and made it my duty, at the earliest practicable moment, to prescribe such rules and regulations as may be necessary and proper for convening a convention composed of delegates to be chosen by that portion of the people of the State who are loyal to the United States, and no others, for the purpose of altering or amending the Constitution of the State, and with authority to exercise within the limits of the State all the powers necessary and proper to enable the loyal people of the State to restore it to its constitutional relations to the Federal Government, and to present such a republican form of State government as will entitle the State to the guaranty of the United States therefor, and its people to protection by the United States against invasion, insurrection and domestic violence. "In the performance of the duty thus enjoined upon me by the President, I shall, as soon as the people of the State have had the opportunity to qualify themselves to become voters, appoint an election, to be held in the different counties of the State, of delegates to a State convention to be convened at a time and place to be hereafter named. "The persons qualified to vote at such election of delegates, and the persons eligible as members of such convention, will be such persons as shall have previously taken and subscribed the oath of amnesty as set forth in the President's proclamation of May 29th, A. D. 1865, and as are also qualified as prescribed by the Constitution and laws of the State in force immediately before the 7th day of January, 1861, the date of the so-called ordinance of secession. Where the person is exempted from the benefits of the amnesty proclamation, he must also have been previously specially pardoned by the President before he can become a qualified voter or eligible as a member of the convention. This interpretation of the proclamation of the President I have received from himself in person, and also from the AttorneyGeneral. The oath referred to may be administered by and taken and subscribed before any commissioned official, civil, military or naval, in the service of the United States, or any civil or military officer of a loyal State or Territory who, by the laws thereof, is qualified to administer oaths. The officer administering the oath is authorized and required to give to the person taking it certified copies thereof. "In order to give the well disposed people of this State time and opportunity to qualify themselves to be voters for delegates to the convention, the election will not be held until a reasonable time has elapsed for them to take and subscribe the oath required, and to procure the special pardon, where such pardon is a prerequisite qualification. The election will be held immediately thereafter, and no allowance will be made for unreasonable delays in applying for pardons. "Applications for pardon should be in writing, and addressed to the President of the United States, and state the grounds on which a special pardon is considered necessary. The application should have attached to it the original oath or affirmation contained in the proclamation of amnesty. In most cases, the application for pardon will not be acted upon by the President until it has received the recommendation of the Provisional Governor. It will save time, therefore, to seek his recommendation in the first instance. The application should then be sent to the office of the Attorney-General. I have been informed by the military authorities that a considerable number of Posts have already been established in the State, and others soon will be, with officers attached, authorized to administer the oath required, and to give certified copies thereof, so as thereby to give every facility for taking the oath, with little or no inconvenience or expense to applicants. An "In the meantime, and until the re-establishment of a State government, it is left to the military authorities to preserve peace and order, and protect the rights of persons and property. understanding has been had with the Commander of the Department whereby persons occupying the offices of Judge of Probate may continue to take proof of wills and issue letters testamentary and of administration, and Clerks of Circuit Court may take proof or acknowledgment of deeds and mortgages, and record the same, as heretofore, and all persons occupying ministerial offices may continue to perform such duties and offices as are essential and convenient to the transaction of business. If any doubt should hereafter arise concerning the validity of their acts, such doubts can be removed by a legislative act of confirmation. "By operation and results of the war, slavery has ceased to exist in the State. It cannot be revived. Every voter for delegates to the convention, in taking the amnesty oath, takes a solemn oath to support the freedom of the former slave. The freedom intended is the full, ample, and complete freedom of a citizen of the United States. This does not necessarily include the privilege of voting, but it does include the idea of future possession and quiet enjoyment. The question of his voting is an open question-a proper subject for discussion-and is to be decided as a question of sound policy by the convention to be called. "On the establishment of a republican form of State government under the constitution which guarantees and secures liberty to all the inhabitants alike, without distinction of color, there will no longer exist any impediment in the way of restoring the State to its proper constitutional relations to the government of the United States, whereby the people will be entitled to protection by the United States against invasion, insurrection, and domestic violence. 1865. "Dated at Jacksonville, Florida, this third day of August, WILLIAM MARVIN, As the proclamation of the Governor authorizing the holding of the election for delegates contains but very little more than what appears in his address to the people of Florida, the author deemed it necessary to have only such parts of it contained in this work as do not appear in his address. The delegates were apportioned among the several counties as follows: Escambia, two; Santa Rosa, two; Walton, two; Holmes, one; Washington, one; Jackson, three; Calhoun, one; Franklin, one; Liberty, one; Gadsden, three; Leon, four; Jefferson, three; Madison, two; Taylor, one; Lafayette, one; Hamilton, two; Suwannee, one; Columbia, two; Baker, one; Bradford, one; Nassau, one; St. Johns, one; Duval, one; Clay, one; Putnam, one; Alachua, two; Marion, two; Levy, one; Hernando, one; Hillsborough, one; Manatee, one; Polk, one; Orange, one; Volusia, one; Brevard, one; Sumter, one; Monroe, one; and Dade, one. The proclamation set forth the qualification of voters as follows: "Free white soldiers, seamen and marines in the army or navy of the United States, who were qualified by their residence to vote in said State at the same time of their enlistment, and who shall have taken and subscribed the amnesty oath, shall be entitled to vote in the county where they respectively reside." "But no soldier, seaman or marine, not a resident of the State at the time of his enlistment shall be allowed to vote." "Every free white male person of the age of twenty-one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States, and who shall have resided and had his home in the State for one year next preceding the election, and for six months in the county in which he may offer to vote," and also take the oath prescribed by the President in his amnesty proclamation, were entitled to The election was held in the several counties of the State on the 10th day of October, A. D., 1865, according to proclamation ordering said election, dated September 11th, 1865. vote. The Judges of Probate in the several counties, and the Clerks of Circuit Court, in case of the inability, absence, or other cause, the Probate Judges failing to act, were authorized to appoint the Inspectors of Election. The Clerk and County Judge were also authorized to call to their assistance two respectable inhabitants having the qualification of voters, and publicly count the votes cast, and to furnish to each person elected a certificate of his election, and also to forward a certificate of the election of each delegate to the Provisional Governor at Tallahassee. The Inspectors of Election were required to administer the amnesty oath to any person at the polls who could not exhibit a certificate of his having taken the oath previously. The number of qualified voters up to the day of election was eight thousand five hundred and twelve. The number of votes cast for delegates was six thousand seven hundred and seven. |