The Committee on the Judiciary of the Senate for the Fortieth Session of Congress
To see the full record of a committee, click on the corresponding committee on the map below.
H. R. 33 is referred to the Committee on the Judiciary
A Bill
Supplementary to an act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, 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 1st day of September, 1867, the commanding general in each district defined by anthe act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, shall cause a registration to be made before the first day of September, 1867, in each county or parish in the several States included in his district, of the male citizens of the United States, twenty-one years of age and upwards, 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 said “Act aforesaid,to provide for the more efficient government of the rebel States,” and who shall have taken and subscribed the following oath or affirmation: “I, __ , of __ , in the county or parish of __ , in the State of __——, do hereby solemnly swear (or affirm) that I am not excluded from the right to vote by the provisions of the fifth and sixth sections of the act passed March 2, 1867, entitled 'An act to provide for the more efficient government of the rebel States,' that I am sincerely and earnestly attached to the Union and Government of the United States; that I will steadfastly support the Constitution and obey the laws of the United States, and that I will, to the best of my ability, encourgage all others to do the same, so help me God;” which oath or affirmation may be administered by any registering officer.such support and obedience. So help me God.”
SEC. 2. And be it further enacted, That after the completion ofwhenever the registration hereby provided for in any State, at such timeshall be completed, and placcopies therein asof returned to the commanding general, he shall appoint and direcause to be held in each State of his district, of which an a day not leastss than thirty days’ public notice shall be given from the date of his proclamation thereof, an election shall be held of delegates to a convention for the purpose of establishframing a constitution for said State, and of firmly re-establishing a civil government for such State loyal to the Union therein, said convenand of passing all needful ordinances for putting said constitution and government in each Stato operation.
SEC. 3. And be it further enacted, except Virginia, toThat the convention in each State shall consist of the same number of members asof the most numerous branch of the State Llegislature of such State, under the constitution thereof yexisting January 1, 1860, to be; apportioned among the severalection districts, counties, or paris existing on the said first day of January shall be observed in the elections and in the assignment of such State by tdelegates. The commanding general, giving tof each representation in the ratio of voters registered as aforesaidmilitary district shall assign, as nearly as may be. The conven, to the several election in Virginia shall consist ofdistricts in each State within his jurisdiction, the same number of members as represented the territory now constituting Virginia indelegates to which it may be entitled, according to the most numerous beranch of the Lregislature of said State in the year 1860, totered voters within its limits: Provided, That each district shall be apportionentitled as aforesaid.t least to one delegate.
SEC. 34. And be it further enacted, That the commanding general of each district shall appoint as many boards of registratisuch loyal officers or persons as may be necessary, consistnot exceeding of three loyal officers or persin each election district, to make and complete thea registration, superintendto preside at the election, to receive, sort, and count, and to make return to him of the votes, lists 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 within sixty days from the date of election he shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification, and said convention, wto proceed to then organized, shall first determine by a vote whether it is the wish ofation of a convention; and when the people of such Statsaid convention shall have to framed a constitution and civil government according to the provisions of this act and the aance with said “Act to which it is supplementary, and if so, shall proceed to frame such constitution; and whprovide for the more efficient government of the same shall have been so framed,rebel States,” said constitution shall be submitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed, or to be appointed, by the commanding general, as herein before provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof, shall be made to the commanding general of the district.
SEC. 45. And be it further enacted, That if, according to said returns, the constitution shall be ratified by a majority of the votes of the electors qualified as herein specified, the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if the said constitution shall be declared by Congress to be in conformity with the provisfifth sections of the act entitled “An act to whprovide for the more efficient government of the rebel States,” and the other provis is supplementaryions of said act shall have been complied with, the State shall be declared entitled to representation, and Ssenators and Rrepresentatives shall be admitted therefrom as therein provided.
SEC. 56. And be it further enacted, That all elections in the States mentioned in the said a“Act to provide for the more efficient government of the rebel States,” shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July 2, 1862, entitled “An act to prescribe an oath of office.”
SEC. 67. And be it further enacted., That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the Ttreasury not otherwise appropriated.
SEC. 78. And be it further enacted, That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same.
SEC. 8. And be it further enacted. That the word article, in the sixth section of the act to which this is supplementary, shall be construed to mean section.