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Session 8478: 1868-01-12 00:00:00

The Select Committee on Reconstruction reports H. R. 439

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H. R. 439

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A Bill

Additional and supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867, and to the acts supplemental thereto.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas, Florida, and Arkansas there are no civil State government republican in form, and that the so-called civil governments in said States, respectively, shall not be recognized as valid or legal State governments either by the executive or judicial power or authority of the United States.

Sec. 2. And be it further enacted, That for the speedy enforcement of the act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, and the several acts supplementary thereto, the General of the Army of the United States is hereby authorized and required to enjoin by special orders upon all officers in command within the several military departments within said several States the performance of all acts authorized by said several laws above recited, and to remove by his order from command any or all of said commanders and detail other officers of the United States Army, not below the rank of colonel, to perform all the duties and exercise all the powers authorized by said several acts, to the end that the people of said several States may speedily reorganize civil government, republican in form, in said several States, and be restored to political power in the Union.

Sec. 3. And be it further enacted, That the General of the Army may remove any or all civil officers now acting under the several provisional governments within said several disorganized States and appoint others to discharge the duties pertaining to their respective offices, and may do any and all acts which by said several laws above mentioned are authorized to be done by the several commanders of the military departments within said States; and so much of said acts, or of any acts as authorize the President to detail the military commanders to said military departments, or to remove any officers which may be detailed as herein provided, is hereby repealed.

Sec. 4. And be it further enacted, That it shall be unlawful for the President of the United States to order any part of the Army or Navy of the United States to assist by force of arms the authority of either of said provisional governments in said disorganized States, to oppose or obstruct the authority of the United States as provided in this act and the acts to which this is supplementary.

Sec. 5. And be it further enacted, That any interference by any person, with intent to prevent by force the execution of the orders of the General of the Army made in pursuance of this act and of the acts aforesaid, shall be held to be a high misdemeanor, and the party guilty thereof shall, upon conviction, be fined not exceeding $5,000, and imprisoned not exceeding two years.

Sec. 6. And be it further enacted, That so much of all acts and parts of acts as conflict or are inconsistent with the provisions of this act are hereby repealed.

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