United States Fifteenth Amendment

The House of Representatives

The House of Representatives of the Fortieth Session of Congress

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Session 6444: 1867-07-03 12:00:00

Thomas A. Jenckes and Nathan F. Dixon from Rhode Island enter the House; The contested-election cases of Smith vs. Brown and Trimble vs. Symes are submitted to the House

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H. R. 109

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Explanatory of an act to provide for the more efficient government of the rebel States, passed March second, eighteen hundred and sixty-seven, and explanatory of an act supplementary thereto, passed March twenty-three, eighteen hundred and sixty-seven, and to amend said acts, and for other purposes.

Whereas, in order to the better understanding and the more efficient accomplishment of the objects of said original act, and of the aforesaid act supplementary thereto, additional legislation has become necessary; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the judgment of any military commander of any military district provided for in said original act, it may become necessary, such military commander shall be deemed and taken to have full and explicit power to vacate and to fill up by appointment any executive or judicial office pertaining to any provisional civil government which may exist in his military district; and whenever, in his judgement, it shall be necessary, any such military commander shall be deemed and taken to have like full and explicit power to fill up by appointment any vacancy in any such provisional civil office in his military district which may happen by reason of death, resignation, expiration of term of office or otherwise; and the official acts of all officers so appointed by any military commander shall be in all respects as valid as similar official acts done by persons holding similar provisional civil offices in said rebel States, otherwise than by military appointment. And all acts heretofore done by any military commander as aforesaid, by way of vacating any such provisional civil office as aforesaid, or by way of vacating and filling up the same, are hereby approved, sanctioned, and declared valid, and no such military commander, or any person acting under and in pursuance of his orders in the premises, shall ever be questioned, sued, held to answer, impleaded, or in anywise damnified therefor.

SEC. 2. And be it further enacted, That the boards of registration provided for by said act supplementary to said original act shall be deemed and taken to have full and explicit power to hear evidence and determine as to the competency or non-competency of persons applying for registration as voters, and like power to correct and revise registrations already made or partly made.

SEC. 3. And be it further enacted, That nothing in this act contained shall be in anywise so construed as to narrow, abridge, or impair the powers conferred by said original act and the aforesaid act supplementary thereto, but this act and said original and supplementary acts shall be construed liberally and not strictly.

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