Atlanta And Its Builders, Vol. 2 - A Comprehensive History Of The Gate City Of The South. Thomas H. Martin
with the president by passing the Sherman bill over the veto of the President. What good could come of an appeal to the Supreme Court? Do you not remember that a short time ago Governor Pierpont, of Virginia, made a requisition on Governor Fenton, of New York, for the surrender of a violator of the laws of Virginia? Governor Fenton refused to comply with the requisition upon the ground that Virginia was not a State. The case was carried to the Supreme Court and dismissed because the question was a political one. As the issues involved in the Sherman bills are political ones, how could anyone expect relief from an appeal to the Supreme Court?" etc.
Governor Brown's speech was a masterly argument, from his viewpoint, and his opinions met with sympathetic hearers on this occasion. He urged in eloquent terms submission to the terms of the Sherman bill.
In a letter addressed to William K. De Graffenried, of Macon, Senator John Sherman, under date of March 12, 1867, expressed the opinion that the sixth section of the bill bearing his name was too harsh, but declared it was put in in the house as the result of opposition from both extremes, and at the request of large numbers of Southerners. The objection to the bill was so strong, in the North as well as the South, that congress was induced to pass a supplementary reconstruction bill, by the provisions of which the commanding general in each military district of the South should cause to be made a registration of all male citizens of the United States, of the age of twenty-one or more, resident in each county or parish in the state or states included in the district, which registration should include only those who were qualified to vote for delegates by the Sherman bill, and who should have taken and subscribed to an oath that they had not been disfranchised for participating in rebellion and civil war against the United States, nor for felony committed against the laws of any state, or of the United States. Section 2 provided that an election should be provided for by the generals commanding the several districts, for delegates to a convention for the purpose of establishing a constitution and civil government for the state, loyal to the Union, etc.
The memorable controversy between President Andrew Johnson and congress, which nearly resulted in the impeachment of the president, was watched with the deepest anxiety by the South, where the hopes and prayers of the people were with the nation's chief executive. President Johnson supposed it was a prerogative of his office to regulate the machinery of reconstruction in accordance with his own ideas, and he set about the task without specific instructions from the law-making body. The plan of the president was wise and conservative, and he was not disposed to make a political Pariah of the South. The terms he proposed were acceded to by the Southern people generally in a good spirit, and the inauguration of his policy was attended with gratifying results. But congress was not at all inclined to give President Johnson free rein. Although a strong Unionist and one of the pioneers of Republicanism, he was nevertheless a Southerner and regarded with suspicion by the more radical element in the North. Congress denied the right of the executive branch of the government to formulate and enforce a line of public policy that came within the province of legislation, and the result was the Sherman Reconstruction Act, which in fact overturned President Johnson's plans and undid what he had thus far accomplished. The South supported the president, and hoped for his success and vindication against the radical cabal, but in vain. He vetoed the obnoxious bill, but it was passed over his veto. The last hope was gone. The more conservative and sagacious leaders in the South then yielded all opposition to the harsh and unrepublican measures imposed by the Federal lawmakers, preferring peace even at the sacrifice of what they considered their constitutional rights. This feeling prevailed more generally after President Johnson declared his determination to enforce the Sherman law with the most rigid fidelity, the more so because he had expressed his disapproval of the act by the exercise of the veto power.
However, there were strong men in the South — for the most part irreconcilables of the old regime, who raised the banner of moral revolt with all the old Confederate fire. Robert Toombs, Ben Hill and Herschel V. Johnson were a strong anti-reconstruction triumvirate in Georgia. Governor Jenkins remained true to the spirit of the majority of his fellow citizens. He believed congress had transcended the powers delegated to it by the constitution, and determined to make a legal test of the matter in the court of last resort. Accordingly, Georgia's chief executive filed an injunction against the operation of certain of the provisions of the Sherman bill in that state, in the Supreme Court of the United States, on April loth, 1867, a comprehensive extract of which follows:
"And this complainant further shows that there is no adequate remedy in the premises in any court of law, nor in any court of equity, save in this honorable court, and that the threatened injuries to this complainant herein mentioned will be committed and perfected within the next five or six months, and will be consummated, perfected, and absolutely irreparable by any competent power or authority to the entire destruction of the said state and its government, and the proprietary rights aforesaid, unless the execution of the said acts of congress be, as herein prayed for, restrained and prevented by the preliminary order of injunction of this honorable court and its decree in the premises."
The Supreme Court of the United States issued a subpoena in this case, which read:
"The State of Georgia, complainant, vs. Edwin M. Stanton, Ulysses S. Grant and John Pope, greeting: For certain causes offered before the Supreme Court of the United States, holding jurisdiction in equity, you are hereby commanded that, laying all other matters aside, and notwithstanding any excuse, you be and appear before the said Supreme Court, holding jurisdiction in equity, on the first Monday in December next, at the city of Washington, in the District of Columbia, being the present seat of the national government of the United States, to answer unto the bill of complaint of the State of Georgia, in the said court exhibited against you. Thereof you are not to fail at your peril. Witness the Honorable Salmon P. Chase, chief justice of the United States."
General John Pope, one of the three defendants named in the foregoing subpoena, had been designated as commander of the Third Military District, comprising the states of Georgia, Florida and Alabama, as provided in the Sherman Reconstruction Act. The machinery of the new law was rapidly set in motion. On Sunday, March 31, 1867, General Pope reached Atlanta by special train from Chattanooga. Arrangements had been made by a number of citizens to give him a cordial reception, and he was met at the depot by a committee of prominent Atlantans and escorted to the National Hotel, where a reception was held. Hundreds of people called to pay their respects, and the impression left upon them by General Pope was quite an agreeable one. He appeared in civilian dress, and to several of his callers expressed the hope that his future official relations with the people of Atlanta would be pleasant. He left for Montgomery that night, from which place he issued his first general order as follows:
Headquarters Third Military Division,
Montgomery, Ala., April 3, 1867.
General Orders, No. 1.
In compliance with general orders No. 18, dated headquarters of the army, March 15, 1867, the undersigned assumes command of the Third Military District, which comprises the States of Georgia, Alabama and Florida. The districts of Georgia and Alabama will remain as at present constituted, and with their present commanders, except that the headquarters of the district of Georgia will be forthwith removed to Milledgeville. The district of Key West is hereby merged into the district of Florida, which will be commanded by Colonel John T. Sprague, Seventh United States Infantry. The headquarters of the district of Florida are removed to Tallahassee, to which place the district commander will transfer his headquarters without delay.
IL The civil officers at present in office in Georgia, Florida and Alabama, will retain their offices until the expiration of their terms of service, unless otherwise directed in special cases, so long as justice is impartially and faithfully administered. It is hoped that no necessity will arise for the interposition of the military authorities in the civil administration, and the necessity can only arise from the failure of the civil tribunals to protect the people, without distinction, in their rights of person and property.
III. It is to be clearly understood, however, that the civil officers thus retained in office shall confine themselves strictly to the performance of their official duties, and while holding their offices they shall not use any influence to deter or dissuade the people from taking an active part in reconstructing their State