360 



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 them against invasion, insurrec- 

 tion, and domestic violence. In order to fulfil this 

 guarantee and for the purpose of enabling the loyal 

 people of this State to organize a State government, 

 whereby justice may be established, domestic tran- 

 quillity 'insured, and loyal citizens protected in all their 

 rights of life, liberty, and property, the President of 

 the United States has appointed me Provisional Gov- 

 ernor of the State, and made it my duty, at the earliest 

 practicable moment, to prescribe such rules and reg- 

 ulations as may be necessary and proper for conven- 

 ing 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 gov- 

 ernment as will entitle the State to the guarantee of 

 the United States therefor, and its people to protec- 

 tion by the United States against invasion, insurrec- 

 tion, 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 in the State, of dele- 

 gates 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 pre- 

 viously taken and subscribed the oath of amnesty as 

 set forth in the President's Proclamation of May 29, 

 A. D. 1865, and as are also qualified as prescribed by 

 the constitution and laws of the State in force imme- 

 diately before the llth day of January, 1861, the date 

 of the so-called ordinance of secession. Where the 

 person is excepted from the benefits of the amnesty 

 proclamation, he must also have been previously spe- 

 cially pardoned by the Presiden t before he can become 

 a qualified voter or eligible as a member of the con- 

 vention. This interpretation of the two proclamations 

 of the President I received from himself in person, 

 and also from the Attorney-General. 



The oath referred to may be administered by and 

 taken and subscribed before any commissioned officer, 

 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, on request, to give to the 

 person taking it certified conies thereof. 



In order to give to 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 ground on which a special pardon is con- 

 sidered as necessary. The application should have 

 attached to it the original oath or affirmation con- 

 tained 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 rec- 



ommendation 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 the 

 applicant. 



In the mean time, and until the reestablishment of 

 a State government, it is left to the military author- 

 ities to preserve peace and order, and protect the 

 rights of persons and property. 



An understanding has been had with the command- 

 er of the department whereby persons occupying 

 the offices of judges of probate may continue to take 

 proof of wills and issue letters testamentary and of 

 administration, and clerks of circuit courts may take 

 the 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 doubt can be removed by a legislative act of 

 confirmation. 



By the operations and results of the war slavery 

 has ceased to exist in this 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 in- 

 clude the privilege of voting. But it does include 

 the idea of full constitutional guarantees of future 

 possession and quiet enjoyment. The question of his 

 voting is an open question a proper subject for dis- 

 cussion and is to be decided as a question of sound 

 policy by the convention to be called. 



Upon the establishment of a republican form of 

 State government under a constitution which guar- 

 antees 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, wherebv its people will be en- 

 titled to protection by the "United States against 

 invasion, insurrection, 'and domestic violence. 



Dated at Jacksonville, Florida, this 3d day of Au- 

 gust, 1865. WILLIAM MARVIN, 



Provisional Governor. 



The Governor then visited various parts of 

 the State, delivering addresses to the people, 

 and urging them to cooperation ; and on August 

 23d he issued a further proclamation, prescrib- 

 ing such rules and regulations as were deemed 

 necessary and proper for convening a conven- 

 tion, and appointed a day for the election of 

 members for the convention, as follows : 



Whereas, by the proclamation of Andrew Johnson, 

 President of the United States, dated 13th of July, 

 A. D. 1865, I have been appointed Provisional (Gov- 

 ernor of the State of Florida, with instructions ii> 

 prescribe, at the earliest practicable period, such 

 rules and regulations as may bo necessary and proper 

 for convening a convention of the people, composed 

 of delegates to be chosen by that portion of the peo- 

 ple who are loyal to the United States, and no others ; 

 and also, with all the power, necessary and proper, 

 to enable such loyal people of said State to restore it 

 to its constitutional relation to the Federal Govern- 

 ment, and to present such a Republican form of Gov- 

 ernment as will entitle the State to the guarantee of 

 the United States therefor, and its people to the 



