FLORIDA. 



363 



on their part, but a compulsory measure adopted 

 in obedience to the commands of the President, 

 after slavery had been destroyed by the mili- 

 tary power of the Government." This amend- 

 ment was adopted, by a vote of 20 yeas to 14 

 nays. 



The following ordinance repudiating the State 

 debt was also adopted. The vote was yeas 

 33 ; nays 9. Its adoption was understood to 

 be the desire of the Federal Government, other- 

 wise it would not have been passed by the Con- 

 vention : 



Be it ordained' "by the people of Florida, in conven- 

 tion assembled, That all State Treasury notes issued, 

 and all other liabilities contracted by the State of 

 Florida, on or after the 10th day of January, A. D. 

 1861, to the 25th day of October, A. D. 1865, except 

 such liabilities as are provided for by this Constitu- 

 tion, be and are declared void, and the General As- 

 sembly shall have no power to provide for the pay- 

 ment of the same, or any part thereof. 



The following ordinance, denning the posi- 

 tion of the freedmen in the courts of justice, 

 was adopted yeas 26 ; nays 19 : 



Be it ordained by the people of Florida, in conven- 

 tion assembled. That, in all criminal proceedings 

 founded upon injury to a colored person, and in all 

 cases affecting the rights or remedies of colored 

 persons, no person shall be incompetent to testify as 

 a witness on account of color. In all other cases, 

 the testimony of colored persons shall be excluded, 

 unless made competent by future legislation. The 

 jury shall judge of the credibility of the testimony. 



The Convention further ordered that the 

 election of Governor and other executive offi- 

 cers, Judges of the Supreme and Circuit Courts, 

 Solicitors, Representatives in Congress, and 

 members of the Legislature, should be held on 

 November 29th, and that the Legislature should 

 assemble on the third Monday of December. 

 On November 10th Governor Marvin sent the 

 following despatch to President Johnson : 



TALLAHASSEE, FLA., Nov. 18, 1865. 



The Convention has annulled the ordinance of se- 

 cession, abolished slavery, and declared that all the 

 inhabitants of the State, without distinction of color, 

 are free ; and that no person shall be incompetent to 

 testify as a witness on account of color in any matter 

 wherein a colored person is concerned. 



It has repudiated the State debt contracted in 

 support of the rebellion, amended the constitution in 

 other respects, and adjourned. 



WILLIAM MARVIN, Provisional Governor. 



During the sessions of the Convention the 

 Governor had reported its progress to the au- 

 thorities at "Washington, and received the fol- 

 lowing reply : 



WASHINGTON, Nov. 1. 1865. 



Your letter of October 7 was received and sub- 

 mitted to the President. He is gratified with the 

 favorable progress toward reorganization in Florida, 

 and directs me to say that he regards the ratification 

 by the Legislature of the Congressional amendment 

 of ihe Constitution of the United States as indispen- 

 sable to a successful restoration of the true loyal re- 

 lations between Florida and the other States, and 

 equally indispensable to the return of peace and har- 

 mony throughout the republic. 



WILLIAM H. SEWARD. 



These measures had been ably opposed dur- 

 ing their consideration by the Convention, but 



their ultimate adoption was satisfactory to the 

 people. 



The election, which was held on November 

 29, resulted in the choice of David S. "Walker 

 as Governor, and "W. "W. J. Kelley as Lieutenant- 

 Governor ; Secretary of State, B. F. Allen ; 

 Attorney-General, J. B. Galbraith ; Comp- 

 troller, L. G. Pyles ; Treasurer, C. H. Austen ; 

 Representative in Congress, Ferdinand McLeod ; 

 Judge of Suwanee Circuit, T. T. Long ; Judge 

 of Eastern Circuit, E. A. Putnam. Members 

 of the Legislature were also chosen. The en- 

 tire vote polled was less than 4,000. In 1860 

 the vote of the State at the Presidential elec- 

 tion was 14,347. 



The Legislature was organized on December 

 18th. Provisional Governor Marvin delivered 

 an address, in which he recommended the pas- 

 sage of laws which should secure to freedmen 

 then: rights of person and of property, give 

 them an easy and cheap remedy for the collec- 

 tion of wages, and protect them against imposi- 

 tion. At the same time he urged that meas- 

 ures should be devised for obliging the negro 

 to fulfil his contracts, and prevent him from 

 leaving his employer at a time when his ser- 

 vices were most needed. On December 21st 

 the newly elected governor, "Walker, was duly 

 inaugurated. In his address he recommended 

 the adoption of measures similar to those urged 

 by Provisional Governor Marvin. He opposed 

 the granting of suffrage to the negroes as a 

 measure to which neither an honest nor consci- 

 entious consent could be given. 



The Legislature elected as Senators to Con- 

 gress Governor Marvin and Wilkinson McCall. 

 On January 18th the following despatch was 

 sent from President Johnson to Governor Mar- 



DSPAKTMENT OF STATE, WASHINGTON, Jar. 18, 1866. 



To His Excellency William Marvin, Provisional Gov- 

 ernor of the State of Florida, Tallahassee : 

 SIR : the time has arrived when, in the judgment 

 of the President of the United States, the care and 

 conduct of the proper affairs of the State of Florida 

 may be remitted to the constitutional authorities 

 chosen by the people thereof, without danger to the 

 peace and safety of the United States. 



By direction of the President, therefore, you are 

 relieved from the trust which was heretofore reposed 

 in you as Provisional Governor of the State of Florida. 

 Whenever the Governor elect shall have become 

 qualified to discharge the duties of the Executive 

 office, you will transfer the papers and property of 

 the State, now in your custody, to his Excellency 

 Governor Walker. It g^ives me especial pleasure to 

 convey to you the President's acknowledgments of 

 the fidelity, loyalty, and discretion which have marked 

 your administration. 



You will please give me a reply, specifying the day 

 on which this communication is received. 



I have the honor to be, your Excellency's most 

 obedient servant, W. HUNTER, 



Acting Secretary. 



DEPARTMENT OP STATE, WASHINGTON, Jan. 18, 1866. 

 To His Excellency D. S. Walker, Governor of the Statt 



of Florida, TallaJiassee : 



SIR : By direction of the President, I have the honor 

 herewith to transmit to you a copy of a communica- 

 tion which has been addressea to his Excellency 



