a bill was hurried through both houses taking away the jurisdiction of the Supreme Court over appeals on habeas corpus in such cases. This became a law March 27, 1868, and, when it was called to the attention of the Supreme Court during the next year, that tribunal held that its jurisdiction in the McCardle case had been taken away, and dismissed the cause. The reconstruction legislation, therefore, had weathered all attacks upon it from the legal side.

Military rule under the reconstruction acts was an anomaly in American history, yet the military control of the South was complete. It cannot be said that society was dissolved into its elements, for the family, the church, and industry were not greatly disturbed. Indeed the object of the new policy was to preserve these until a new State government could be organized which would allow them to develop in what were deemed more suitable forms. But if it was only the government which on the face of it was affected, this itself meant much. Thus, we have seen that the police administration required close attention, and the supervision of the State officials had political effects at the North as well as at the South. Taxation was administered from a new point of view, if not entirely remodelled, and the dealings of the military with the press, the Fourth Estate, are full of instruction. Even social affairs were not left untouched, for whatever looked like discrimination between the two races was drawn within the scope of the military. Not only was the district commander an executive, but he was the source of justice and administered a judicial system. Nor did the system stop even here, for he also exercised legislative power. Sickles was the only one who ordained a consistent code, but something was attempted everywhere. All the commanders ordained public and private laws.

The administration was upon the whole successful. It had maintained order and brought the civil officials to recognize the civil equality of the races. Indeed the lesson was so thoroughly learned that only twenty thousand troops were necessary throughout the whole extent of the South, and

of these there were one thousand at Richmond and New Orleans and seven thousand near the Texan border. The presence of the blue uniform was itself sufficient to produce quiet.

There was great dissatisfaction throughout the South, but this was to be expected. The high spirit of the people who had fought bravely for four years could not be expected to accept gracefully after the return of peace a second overthrow of what they deemed their constitutional governments. It could not be said that taken as a whole the military administration had not been fair. Some of the commanders were general favorites in their districts, and looking back dispassionately there is little doubt that all exercised their powers for what they deemed the public good. In the fifth district was the greatest contrast, for there on the one hand Sheridan had called the people banditti and on the other Hancock later laid down rules as to the relation of civil and military authorities which could be well regarded as based on solid principles. A striking feature of the time was the failure of every attempt to break the military power. The criticisms of the Federal attorney general were overcome by new acts of Congress, and cases testing the constitutionality of the law were after full argument dismissed even by the Supreme Court. Every constitutional division of authority was abolished for the time being and the headquarters of the district commanders became and remained the real seat of government. The only modification of military authority was when the chief justice compelled respect for process of the Federal courts and the voluntary declarations of Hancock made the military in one district subsidiary and not supreme over civil government. That Anglo-Saxons chafed under this dispensation was inevitable. Pride of race and love of liberty were as strong in Carolina as in Massachusetts.

The benevolent despotism, however, was not intended to be permanent. Its aim was but to reduce all classes and races to a common level until, man being a political creature,

a new civil organization should be evolved. The registration of voters, which was to effect this, was carried on at the same time as the police administration, and will deserve even more careful consideration. By the spring of 1868 this military rule, a strange eventful episode in history, drew to a close.

CHAPTER X

POLITICAL RECONSTRUCTION AT THE SOUTH

MILITARY rule was designed to control or administer government at the South until the political reconstruction planned by Congress should become effective. It might be compared to the enveloping snow of winter, under whose protection vegetation is preserved and prepared for the outburst of spring. The military, however, was more than a protection, and perhaps the better figure would be that of a crucible into which different elements were poured and from which they should come out a new substance.

The reconstruction plan, as we have seen, required several steps. The first was the registration of all men, white or black, with exception of most ex-Confederates. The second was the decision by this new electorate of the question of making a new constitution; and the next would be the assembling of the constitutional convention and the framing of that instrument. To avoid criticism such as had been made as to popular endorsement of the work of secession conventions, the constitution as framed was to be submitted to the electorate, as well as to Congress, for their respective approvals. Even after the ratification by Congress and the people, there was yet the further step of ratification of the Fourteenth Amendment by the legislature chosen under the new constitution.

The first was that of registration. This was not required in the original reconstruction act, but three weeks later an amendment made provision for such enrollment.

The act of 1864 had directed that it should be done by United States marshals, but now boards of registration were to be appointed, consisting each of three loyal persons, white or black, who like all other officers, were to take the ironclad oath of 1862. The term of registration could, at the option of the district commanders, be extended to October Ist, and even after the work was finished it was the duty of the commanders upon reasonable public notice to revise the lists by striking out such as were not entitled to vote and adding others who were. A significant provision was that executive pardon or amnesty should not entitle a person to register who could not do so without it.

in said

The electors should include all who could take the following stringent oath: "I, do solemnly swear (or affirm), in the presence of Almighty God, that I am a citizen of the State of; that I have resided in said State for -months next preceding this day, and now reside in the county of -, or the parish of State (as the case may be); that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability encourage others so to do, so help me God." There were many white men who could not take this oath.