Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-05-15

General CANDY has replied as follows to
communication from Governor Orr, rela
tive to the time at which he is to vacatc
his office:
HEADQ'Rs SFCoND MILITARY DISTRICT,
CHARLESTON. May l, 1868,
hts ErceNency james l.. Orr,
Governor of South Carolina :
SIR Il have the honor to acknowledge the re-
ceIpt OF your communica ion of the 9th ultimo,
making the inquiry to the time when "the
duties OF the provisional officers of the Executive
department Of the present State Government vii
terminate, and when the officers elected under
the new Constitution will qualify and enter upon
their duties" and to state, in reply, that the fifth
section of the law Of March 2, 1867. to provide
for the more efficient government of the rebel
States directs that when the Constitution shall
have been ratified by the people of the state, and
"shall have been submitted to Congress for ex-
animation and approval and Congress shall have
approved the same; and when said State, by a
vote or it's Legislature elected under the new
Constitution. shall have adopted the amendment
to the Constitution of the United States proposed
by the Ihirty-ninth Congress, and known as ar.
ticle fourteen and when said article shall have
become part Of the Constitution of the United
States. said State shall be declared to be entitled
representatives shall be admitted therefrom,
upon taking the oath prescribed by law
The sixth section of the same law epacts, s'that
until the people of said rebel States shall be by
law admitted to representation in the Congress OF
the United States, any civil government which
may exist therein shall be provisional only, and
in all respects subject to the paramount authority
OF the United States at any time to abolish, mod
ify. control or supersede the same; and in all
elections to any Office under such provisional gov
ernments. all persons shall be entitled to vote,
and none others, who are entitled to vote under
the fifth section of this Act and no person shall
be eligible to any Office under any such provi-
siOnal governments who would be disqualified
from holding Office under the provisions of the
third article of said constitutional amendme Mt. "
1t will be seen that the Government organized
under the new Constitution remains provisional
not only until Congress shall have approved that
Constitution, but until the Legislature shall have
adopted the amendment to the Constitution ot
the United States known article fourteen, and
that article shall have become part of the Con.
stitution of the United States and the State shall
by law be admitted to representation in Congress
1t is very desirable that the organization Of the
new Government should take place as soon as
practicable after the approval of the Constitution
by Congress, that the retirement of the old and
the installation of the new executive officers
should take place at the same time and in q for
NAL and regular manner. 1t is presumed that
Congress will act speedily upon the question of
approving the Constitulion that has been submit
ted, and that it will fix the date when the execu-
tive officers elected under it shall enter upon their
duties.
If this should not be done, the duty of fixing
the date will devolve upon the District Command
er; and propose, in the order announcing the
results of the election, to designate the tenth
day after the approval of the Constitution by
Congress, as the day on which the duties of the
provisional. officers of the Executive Department
OF the present State Government will terminate,
and when the corresponding officers elected under
the new Constitution will enter upon their du-
ties.
Very respectfully, your obedient servant,
EDWARD CANDY,
Breyet Mai Gen COmmandinp