TEXAS. 



787 



passed by the same body suspending the statute of 

 limitations. 



2. As to the power of the Provisional Governor to 

 appoint a provisional judiciary, and to organize pro- 

 visional courts. 



8. As to the relation in which the provisional 

 courts, so established, stand to the former district 

 courts of the State, organized under secession aus- 

 pices. 



4. As to the effect to be given by the provisional 

 courts of the interlocutory orders and decrees of the 

 secession district courts in suits still pending. 



Upon these questions the judge ruled sub- 

 stantially, that the authorities having control 

 of the State from February, 1861, to June, 

 1865, constituted for all practical purposes a 

 government de facto ; and that while as a po- 

 litical fabric it fell to pieces with the surrender 

 and dispersion of the Confederate armies, and 

 all its political legislation ceased to be of force, 

 yet that the private and individual rights that 

 had grown up under those acts remained unim- 

 paired, and were still binding and valid be- 

 tween individuals, and would be so held until 

 succeeding governments saw fit to alter them. 

 He further held, in this connection, that the 

 order of General Granger declaring illegitimate 

 all acts of the Governor and Legislature after 

 secession, and the subsequent proclamation 

 of the Provisional Governor, declaring such 

 laws inoperative and void, and putting in force 

 the body of statute laws in existence prior to 

 secession, did not necessarily have the effect of 

 nullifying and rendering invalid transactions 

 between private individuals during secession 

 rule. He further held that the replication that 

 the stay-law forbade the institution of suits, 

 was a good and sufficient answer to a plea of 

 the statute of limitations. He also held that 

 the Provisional Governor was clothed with the 

 power to organize a provisional judiciary ; and 

 in that connection overruled a motion in a 

 pending suit, to set aside interlocutory orders 

 and decrees that had been rendered in such 

 suit during the rebellion. 



On the 19th of August the Provisional Gov- 

 ernor issued another proclamation, containing 

 regulations with regard to administering the 

 amnesty oath preparatory to the election of 

 delegates to the State Convention, which was 

 subsequently appointed to be held on the 8th 

 of January, 1866, and to assemble on the 7th 

 of February following. By this proclamation 

 the chief justices of the several counties, with 

 the clerks of the county and district courts, 

 were to constitute boards charged with the 

 duty of administering the amnesty oath, and 

 registering the names of citizens entitled to 

 vote ; the board in each county to sit at least 

 one day in every week. Only such citizens as 

 were entitled to the benefit of the general am- 

 nesty were to be allowed to have their names 

 placed on the register. Others were to be 

 permitted to take the oath of amnesty, only for 

 the purpose of enabling them to present their 

 petitions to the President for special pardon, 

 which when granted would entitle them to 

 have then: names placed on the register of 



voters. The proclamation concluded with an 

 invitation to citizens to go forward with alac- 

 rity and take the steps necessary to entitle 

 them to aid in the restoration of a regular con- 

 stitutional government to the State. 



The Governor .also authorized the organiza- 

 tion of a special police force in the several 

 counties to aid in the preservation of order. 



In the transition state of society that follow- 

 ed the disappearance of the Confederate Gov- 

 ernment, and the consequent altered prospects 

 of the negroes, of whom it was said there were 

 twice as many in the State as in 1860, much 

 apprehension was felt that the material interests 

 of all classes would suffer. Some anticipated 

 utter ruin, and were willing to dispose of their 

 property at nominal prices. A few planters 

 entertained the belief that their negroes would 

 be left to them as slaves, or that at least eman- 

 cipation would be gradual, but the majority of 

 the wealthy and well informed prepared to ac- 

 cept the new order of things. Almost all were 

 ready to assent to immediate emancipation, 

 provided the able-bodied freedmen were com- 

 pelled by Government to provide for the main- 

 tenance of their women and children. Great 

 numbers of the negroes in their new and un- 

 tried position, their minds filled with wild and 

 fanciful notions in relation to the boon of free- 

 dom, and too ignorant to distinguish between 

 liberty and license, became lazy, insolent, and 

 totally unreliable for steady labor. Many plant- 

 ers were compelled to suspend operations, ow- 

 ing to the difficulty of inducing the negroes to 

 work with regularity. On the 27th of June, 

 at a meeting of the Common Council of Gal- 

 veston, assembled to take into consideration" 

 the altered condition of the colored population 

 and other matters, the mayor took occasion to 

 express his regret that citizens were renting 

 houses to negroes who had left their employers, 

 thus " giving facilities for establishing various 

 nuisances and committing depredations upon 

 citizens." He stated that he had received 

 many representations as to the negroes congre- 

 gating for improper purposes in the houses they 

 occupied, and the existence of many disorders, 

 to remedy which he was powerless. On the 

 following day several prominent citizens waited 

 upon General Granger, and called his attention 

 to the condition and practices of the negroes, 

 and the provost marshal was instructed to issue 

 the following order : 



OFFICE OF PROVOST MARSHAL 



DISTRICT OF TEXAS, V 

 GALVESTON, TEXAS, June 2S, 1S65. ) 



All persons formerly slaves are earnestly enjoined 

 to remain with their former masters under such con- 

 tracts as may be made for the present time. Their 

 own interests as well as that of their former masters, 

 or other parties requiring their services, render 

 such a course necessary, and of vital importance, un- 

 til permanent arrangements are made under the aus- 

 pices of the Freedmen's Bureau. 



It must be borne in mind, in this connection, that 

 cruel treatment or improper use of the authority 

 given to employers will not be permitted; while both 

 parties to the contract made will be equally bound 

 to its fulfilment upon their part, 



