A Bill

Supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the 2d day of March, 1867, and the act supplementary thereto passed on the 23d day of March, 1867.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled “[+e850407]"[-e850407]An act to p[+e850407]P[-e850407]rovide for the more efficient government of the rebel States,”[+e850407]"[-e850407] and of [-e850407]the act supplementary thereto, passed on[-e850407] the 23d day [-e850407]of March, in the year [-e850407]1867, that the governments then existing in the rebel States of [-e850407] Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama.[+e850407],[-e850407] Louisiana, Florida, Texas, and Arkansas were not [+e850407]il[-e850407]legal State governments[+e850407]and void[-e850407]; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts,[+e850407] and to the paramount [+e850407]authority of Congress. [-e850407]

Sec. 2 And be it further enacted, That the commander of any district named in [+e850407]said act shall have power, subject to the d[+e850407]s to which this [-e850407]is [-e850407]a su[-e850407]pproval of the General of the Army of the United States, and to have effect till disapproved, whenever in the opinion of such[+e850407]lement shall be construed to authorize the officer assigned to the[-e850407] commander the proper admin[+e850407] of any military d[-e850407]istration of[+e850407]ict under[-e850407] said acts, whenever [-e850407]be[-e850407] shall require[+e850407]deem[-e850407] it,[+e850407] to suspe[+e850407]nd or r[+e850407]emove from offi[+e850407]ce, or from[+e850407]ssary to[-e850407] the due [-e850407]performance of official[+e850407]his[-e850407] duties a[+e850407]u[-e850407]nd the ex[+e850407]ercise of official powers, any officer[+e850407] said acts, to remove[-e850407] or sus[-e850407]person holding or exercising, or professing to hold or exercise,[+e850407]nd from office[-e850407] any civi[+e850407]municipa[-e850407]l or military[+e850407]State[-e850407] officer[-e850407] or duty in such district under any power, election, appointment, or[+e850407]person exercising[-e850407] authority un[-e850407]derived from,[+e850407] or granted [+e850407]by, or claimed under,[+e850407] virtue of[-e850407] any so-called State or the [+e850407]government thereof, or any municipal or other division[+e850407]existing in his district, and[-e850407] thereof; and upon such suspension or removal such[+e850407] said officer so assigned to[-e850407] commander, subject to disapproval of the general[+e850407] as aforesaid,[+e850407] i[-e850407]shall[+e850407] hav[+e850407]ereby[-e850407] em[-e850407]powered[-e850407] to provide from time to time for [+e850407]appoint ano[-e850407]ther[-e850407] performance of[+e850407]son in[-e850407] the ste[-e850407]ai[+e850407]d duties [+e850407]of such[+e850407]the[-e850407] officer or person so suspended or [+e850407]removed, by the detail of some competent officer or soldier of the Army or by the appointment of some oth[+e850407] if he shall deem prop[-e850407]er per[+e850407]son[+e850407] to perform the same[+e850407]do[-e850407], and to fill vacancies occasioned by death, resignation, o[+e850407]wheneve[-e850407]r ot[+e850407]herwise. [+e850407]

[+e850407]

Sec. 3. And be[+e850407] may deem[-e850407] it further enacted, That the General of the Army of the United Stat[+e850407]necessary, as afor[-e850407]es sh[+e850407]all be [+e850407]investe[+e850407]d with all powers of[+e850407]to prohibit,[-e850407] suspension, removal, appointment, and detail granted in the pre[+e850407]d, or set aside any act or pro[-e850407]cee[-e850407]ding section to district commanders. [+e850407]

[+e850407]

Sec. 4. And be it further enacted, That the acts of the officers of the Army already done in removing in said districts persons exercis[+e850407]of any such State or municipal government, or any act or th[-e850407]ing th[+e850407]don[-e850407]e f[+e850407]unctions of civil officers and appointing others in their stead are[+e850407]der or by virtue of its authority; and all acts[-e850407] hereby confirmed. Provided, That[+e850407]tofore done by[-e850407] any person heretofore or hereaft[+e850407]such offic[-e850407]er appo[+e850407]inted by[+e850407] any distri[+e850407]ct [+e850407]commander to exercise the functions of any civil office may[+e850407]rdance herewith shall[-e850407] be r[+e850407]de[-e850407]emov[+e850407]ed either by the military officer in command of th[+e850407]valid. [-e850407]

[-e850407]

Sec. 3. And b[-e850407]e d[+e850407]istric[+e850407]t or by [+e850407]fur[-e850407]ther[-e850407] G[+e850407]eneral of the Army, and it shall be the duty of such commander to remove from office, as aforesaid, all person[+e850407]acted, That the board[-e850407]s wh[+e850407]of[-e850407] a[+e850407]re disloyal to the Government[+e850407]gistration[-e850407] of the United States, or who u[+e850407]se their official influence in any manner to hinder, delay, prevent, or obstruct the due and proper administration of this act and[+e850407]veral military districts established by[-e850407] the acts to which i[+e850407]this[-e850407] is supplementary. [+e850407]

[+e850407]

Sec. 5. And be it further enacted, Tha[+e850407], shall admi[-e850407]t the b[+e850407]oards of[+e850407] registration provided for in[+e850407]only such persons as[-e850407] the act[+e850407]y deem[-e850407] entitled “An act supplementary to an[+e850407]to be registered by the[-e850407] act entitled ‘An act to provide for[+e850407]s aforesaid. They shall not regard[-e850407] the more efficient government[+e850407]taking[-e850407] of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passed[+e850407]oath prescribed in the act of[-e850407] March 23, 1867, shall have power, and it shall be their duty before allowing[+e850407]conclusive evidence of[-e850407] the registration[+e850407]ight[-e850407] of any[+e850407]the[-e850407] person,[+e850407] taking it[-e850407] to ascertain, upon such facts or information as they can obtain, whether[+e850407]be registered, but prima facie only, and may receive[-e850407] such person is entitled to be registered[+e850407]evidence[-e850407] under said act; and[+e850407]oath relating[-e850407] thereto[-e850407] o[+e850407]as [-e850407]th required by said act shall not be conclusive on such question, and no[+e850407]ey may deem proper, either from the[-e850407] person shall[+e850407]applying to[-e850407] be registered unless such boar[+e850407]or others, an[-e850407]d shall d[+e850407]ec[+e850407]ide [+e850407]that [+e850407]he is entitled thereto; an[+e850407]r of the members of sai[-e850407]d such [+e850407]board shall also have power to examine under oath ([+e850407]s is hereby authorized [-e850407]to be [+e850407]administered by any member of such board) any o[+e850407] oaths or affirmations and examine wit[-e850407]nesses[-e850407] touching the qualification[+e850407]right[-e850407] of any person claiming[+e850407]to be[-e850407] registration. But in ev[+e850407]ery case of a refusal by the[+e850407]ed. Said[-e850407] boards[-e850407] t[+e850407]of[-e850407] registe[+e850407]r [+e850407]an applican[+e850407]t, and [+e850407]io[-e850407]n every case of[+e850407]may[-e850407] striking his nam[+e850407]e from the list, as hereinafter provided,[+e850407] of voters[-e850407] the board shall mak[+e850407]nam[-e850407]e of [-e850407]any[-e850407] o[-e850407]not[+e850407]e or memorandum, which shall be return[+e850407]already register[-e850407]ed wit[+e850407]ho in[-e850407] the registration list[+e850407]ir judgment improperly[-e850407] took[-e850407] the c[+e850407]omm[+e850407]anding general of [+e850407]the district, sett[+e850407] prescribed [-e850407]ing forth[+e850407] the grounds of such refusal or such striking from the list. Provided, That no person shall be disqualifie[+e850407]acts to which this is supplementary, or was not entitled by sai[-e850407]d act[-e850407]s a mem[+e850407]to [-e850407]ber of any board of[+e850407] registration by reason of race or col[+e850407]ered. Rec[-e850407]or. [+e850407]

[+e850407]

Sec. 6. An[+e850407]d be it further enacted, That the true intent and meaning of[+e850407]evidence shall not be required by said boards[-e850407] the [+e850407]oath[+e850407] prescribed in said supplementary act is (am[+e850407]ove participati[-e850407]ong[+e850407] other th[+e850407]ings)[+e850407] that no person who has been a member of the Legislature of any State, or who has held any executive or judicial o[+e850407]e rebellion, but parole evidence shall be su[-e850407]ffice in any State, whether he has taken an oath to support the Constitu[+e850407]ient to establish the fact of such participa[-e850407]tion of the United States or not, and whether he was holding[+e850407]; and said boards of registration[-e850407] suc[+e850407]hall[-e850407] n[-e850407]office a[+e850407]t the commencement of the rebellion, or had [+e850407]be bound or governed in t[-e850407]held [+e850407]it befo[+e850407]re,[+e850407] and who has afterward engaged [+e850407]ction by any op[-e850407]in insurrect[+e850407]ion or rebellion against[+e850407]f any officer of[-e850407] the United States, or given aid or comfort to[+e850407] Government. Provided, That[-e850407] the enemies thereof, is entitled[+e850407]right, of any person[-e850407] to be registered or to[+e850407]as a legal[-e850407] vote; and the words “executive or judicial[+e850407]r shall in no respect be changed[-e850407] or a[-e850407]ffice in any State,” in said oath mentioned, shall be constru[+e850407]ected by virtue of any pardon grant[-e850407]ed to include all civil offices created[+e850407]such person[-e850407] by law for [+e850407]the administration[+e850407]President[-e850407] of any general law of a[+e850407]the United[-e850407] State, or[+e850407]s[-e850407] for the administr[+e850407]particip[-e850407]ation of justice[+e850407]in the rebellion[-e850407].

Sec. 7[+e850407]4[-e850407]. And be it further enacted, That the time for completing the original registration provided for in said ac[+e850407]no civil cour[-e850407]t may, in the discretion [+e850407]of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration[+e850407]United States or of any State[-e850407] shall have power and it shall be their duty, commencing fourteen days prior to[+e850407]jurisdiction of[-e850407] any ele[+e850407]a[-e850407]ction unde[+e850407]o[-e850407]r said act, and u[+e850407]pon [+e850407]reas[+e850407]onable public noti[+e850407]ce of the time and place thereof, to revise, for a period of five days, the registration li[+e850407]eding, civil or criminal, again[-e850407]sts,[+e850407] and upon being satisfied that any person not entitled thereto has been regist[+e850407]y such district command[-e850407]ered[+e850407], to strike the name of such person from the list, and such[+e850407]or any officer or[-e850407] person shall not be allowed to vote. And such board shall[+e850407]acting by his[-e850407] also, d[+e850407]uring [+e850407]the same period, add t[+e850407]o such [+e850407]reg[+e850407]is[+e850407]tr[+e850407]y the names of all persons who at that time possess[+e850407]for or on account of[-e850407] the qualifications required by said act who have not been already registered; and no pers[+e850407]discharge of the duties imposed up[-e850407]on s[+e850407]hall at any t[+e850407]ime[+e850407] be entitled to be reg[+e850407]y th[-e850407]is ac[-e850407]tered[+e850407] or to vot[+e850407]h[-e850407]e by re[+e850407]ason of any exe[+e850407]cu[+e850407]tive pardon or amne[+e850407]sty[+e850407] for any ac[+e850407]t [+e850407]or thing[+e850407] which,[+e850407] w[+e850407]ithout such pardon or amnesty, would disqualify him from registration or voting.[+e850407] is supplementary. [-e850407]

Sec. 8[+e850407]5[-e850407]. And be it further enacted, That section four of said last-named act[+e850407]no district commander[-e850407] shall be construed to authorize[+e850407]relieved from[-e850407] the commanding general nam[+e850407] assign[-e850407]ed therein, whenev[+e850407]o him und[-e850407]er t[-e850407]he shall deem it needful, to remove any member of a board of registration and to appoint another in h[+e850407]aforesaid acts unless the Senate shall have first adv[-e850407]is st[+e850407]ea[+e850407]d,[+e850407] and to fill any vacancy in such board. [+e850407]

[+e850407]

Sec. 9. An[+e850407]consente[-e850407]d be it fur[+e850407]ther enacted, That all members of said boards[+e850407]eto, or unless by sentence[-e850407] of registra[+e850407]court-mar[-e850407]tion, and [+e850407]all persons hereafter elected or appointed to office in said military[+e850407] he shall be cashiered or[-e850407] districts, under any so-called State or municipal authority,[+e850407]missed from the Army;[-e850407] or by detail [+e850407]in arrest f[-e850407]or appointme[+e850407]nt[+e850407] of th[+e850407]fense punishabl[-e850407]e by [-e850407]district commanders, shall be required to tak[+e850407]missal from th[-e850407]e Army [-e850407]and to subscribe the oath of of[+e850407]disquali[-e850407]fice prescrib[+e850407]ed by law for[+e850407]sickness from[-e850407] the offi[+e850407]performan[-e850407]cers[+e850407] of the United Stat[+e850407]his duti[-e850407]es.

Sec. 10[+e850407]6[-e850407]. And be it further enacted, That no district commander or member[+e850407]the time for the completion[-e850407] of the board of [+e850407]registration or any officers or appointees acting un[+e850407]f persons properly qualified to vote may be extended by or[-e850407]ders of[-e850407] them[+e850407] shall be bound in their action by[+e850407]aid several district commanders to[-e850407] any opinion of any civil office[+e850407]day prio[-e850407]r t[-e850407]of[+e850407] the United States.[+e850407]1st day of October, A. D. 1867. [-e850407]

Sec. 11[+e850407]7[-e850407]. And be it further enacted, That any person or persons who sha[-e850407]ll the provis[+e850407]prevent, or attempt to prevent, the execut[-e850407]ions[+e850407] of this act, and[+e850407]or either[-e850407] of the acts to which this act [-e850407]is supplementary, shall be construed liberally, to[+e850407]guilty of a misdemeanor, and on conviction[-e850407] the end t[+e850407]reof s[-e850407]hat a[+e850407]ll th[+e850407]b[-e850407]e f[-e850407]intents thereof may b[+e850407]ed in in a sum not exceeding $5,000 or imprisoned on[-e850407]e full[+e850407]year, or both,[-e850407] and perfectly carried [+e850407]t the discretion of the c[-e850407]our[-e850407]t.

• H. R. 123 (introduced on 1867-07-13 12:00:00 - CREATE_FROM - e850406) [This document] [view current proposal at this moment]
  • None (introduced on 1867-07-13 12:00:00 - ADOPT_PROPOSAL - e850411) [view current proposal at this moment]
  • None (introduced on 1867-07-13 12:00:00 - REPORT_PROPOSAL - e869001) [view current proposal at this moment]