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POPULAR VOTE FOR PRESIDENT, BY STATES-Continued.
* Chas. O'Conor, Straight Democrat, received 29,489 votes, and James Black, Temperance, 5,608.
THE MILITARY GOVERNMENT BILL.
AN ACT for the More Efficient Government of the Rebel States: WHEREAS, No legal State government, or adequate protection for life, or property, now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Louisiana, Florida, Texas, and Arkansas; and,
WHEREAS, It is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be established; therefore,
Be it enacted, etc., That said rebel States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter prescribed; and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; Louisiana and Texas the fifth district.
SEC. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.
SEC. 3. That it shall be the duty of each officer assigned, as aforesaid, to protect all persons in their rights of person and property; to suppress insurrection, disorder, and violence, and to punish, and cause to be punished, all disturbers of the public peace, and criminals; and to this end he may allow loyal civil tribunals to take jurisdiction of and try offenders; or, when in his judgment it may be necessary, for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.
SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribunal, hereby authorized, affecting the
life or liberty of any person, shall be executed until it is approved by the officer in command of the district; and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they may conflict with its provisions.
SEC. 5. That when the people of any one of said rebel States shall have formed a constitutional government, in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the persons who may vote upon the ratification or rejection thereof, as hereinafter provided; and when said constitution, so framed, shall have been ratified by a majority of the male citizens of said State, twenty-one years old and upward, of whatever race, color, or previous condition of servitude, who may have been resident in said State for one year previous to the day of voting on the question of ratifying such constitution, except such as may be disfranchised for participating in the rebellion, or for felony at common law; and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons that have the qualifications herein stated, and shall have been submitted to Congress for examination, and Congress shall have approved the same; and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall become a part of the Constitution of the United States, such State shall be declared entitled to representation in Congress, and senators and representatives shall be admitted thereupon, on their taking the oath prescribed by the law; and then and thereafter the preceding sections of this bill shall be inoperative in said State.
SEC. 6, (proposed by Mr. Doolittle,) provides that the penalty of death shall not be inflicted by the military power without the `approval of the President.
SEC. 7. (Shellabarger's amendment.) That until the people of said rebel States shall, by law, be admitted to representation in the Congress of the United States, the civil governments that may exist, therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, which may at any time abolish, modify, control, and supersede the same, and in all elections to any office under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act, and no person shall be eligible to any office under such provisional governments who would be disqualified from holding office under the provisions of the third article of said Constitutional Amendment.
SUPPLEMENT TO THE MILITARY GOVERNMENT BILL. Passsd at the First Session of the Fortieth Congress.
AN ACT supplementary to an act entitled, "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, and to facilitate restoration.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled, "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upward, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the following oath or affirmation: "L, do solemnly swear, (or affirm,) in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in said State for preceding this day, and now reside in the county of parish of in said State, (as the case may be;) that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me God;" which oath or affirmation may be administered by any registering officer.
SEC. 2. And be it further enacted, Thrat after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election
shall be held of delegates to a convention for the purpose of estab lishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.
SEC. 3. And be it further enacted, That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words, "For a convention;" and those voting against such a convention shall have written or printed on such ballots the words, "Against a convention." The persons appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.
SEC. 4. And be it further enacted, That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, list of voters, and of the persons elected as delegates, by a plurality of the votes cast at said election; and upon receiving said returns, he shall open the same, ascertain the persons elected as delegates, according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification; and said convention, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act, and the act to which it is supplementary; and when the same shall have been so