A BILL

To provide for the more efficient government of the insurrectionary States.

Whereas the pretended State governments of the late so-called Confederate States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of Congress and without the sanction of the people; and whereas said pretended governments afford no adequate protection for life or property, but countenance and encourage lawlessness and crime; and whereas it is necessary that peace and good order should be enforced in said so-called States, until loyal and republican State governments can be legally established: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a provisional governor for the Confederate State of Louisiana, who shall hold his office for one year, unless sooner removed by the President, by and with the advice and consent of the Senate, or unless sooner superseded by a successor appointed under the provisions of this act. Such governor, so appointed, shall have attained the age of thirty years, shall be a citizen of the United States and of the State of Louisiana. He shall not have held any office whatever under the government of the so-called Confederate States, nor of any State which recognized the authority of such pretended government. He shall not have signed, voted for, or by speech or otherwise favored the act of secession of any State, nor shall he be any person who has ever held office in the army or navy of the United States, and who afterwards took an oath to support the said pretended government; nor shall he be a person who was a member of either house of the Congress of the United States after the first Monday in December, anno Domini eighteen hundred and sixty, and who afterwards took an oath to support the said pretended government; nor shall he be one who has borne arms against the government of the United States, or who has in any way given aid, counsel, countenance, or encouragement to the late rebellion; but shall be one who has at all times borne true faith and allegiance to the government of the United States. And before such nomination shall be acted upon by the Senate, such nominee shall make the same oath (which shall be signed and filed with the Secretary of the Senate) prescribed by the act of second July, eighteen hundred and sixty-two, and which oath shall also contain a declaration that the nominee has done no act which would work a disqualification for holding such office under the provisions of this act.

SEC. 2. And be it further enacted, That the President shall forthwith nominate and, by and with the advice and consent of the Senate, appoint a provisional council, consisting of nine persons, who shall have the same qualifications as are herein prescribed for the office of governor, and who, before being confirmed by the Senate, shall on oath make, sign, and file with said Secretary, the same oath as is prescribed for the governor. Such councillors shall continue to hold their office, unless sooner removed by the President, by and with the advice and consent of theSenate, until a legislature shall be duly elected and qualified under the provisions of this act. Such provisional council shall, with the governor, have all legislative power in such State. But in no event shall the governor or any councillor enter upon the duties of their respective offices until after confirmation by the Senate. A majority of such council shall be a quorum, and the same shall continue in permanent session, with power, however, to order such adjournments as may be deemed proper, but no adjournment for more than thirty days at one time. All bills, resolutions or orders adopted by the council shall be submitted to the governor for his approval. If he approve the same, he shall sign them; if he disapprove any such bill or resolution, he shall return it with his objections to the council, and the proceedings thereon shall be the same as provided by the Constitution of the United States in case of the return of a bill by the President to Congress.

SEC. 3. And be it further enacted, That the governor shall forthwith take possession and charge of all archives and other property belonging to the State, and it shall be his duty to see that all laws of the State and of the United States shall be duly executed within such State. Until all officers shall become elective by the people, as herein provided, the governor shall nominate and, by and with the advice and consent of the provisional council, shall appoint and commission all the officers now provided for by the existing government of said State, or which may hereafter by created by law. Such officers shall hold their offices, unless sooner removed by the governor, with the advice and consent of the provisional council, until successors shall be elected and qualified as herein provided. And all councillors, legislators, and other members and officers of the provisional government hereby established, and also all the members of the constitutional convention hereinafter provided for, shall be selected from such as can truthfully take the oath aforesaid, prescribed by the act of second July, anno Domini eighteen hundred and sixty-two, and, before entering upon the duties of such office, shall take and subscribe such oath, which oath shall be filed with, and preserved by, the chief justice of the State.

SEC. 4. And be it further enacted, That unless otherwise hereafter provided by Congress, the persons duly qualified as electors according to the provisions of this act in the State of Louisiana shall, upon the first Tuesday of June, anno Domini eighteen hundred and sixty-seven, proceed to elect a governor, lieutenant governor, senate and house of representatives, and all other officers herein provided to be appointed; which senate and house of representatives shall be composed of the same number of members and be elected from the same districts as is provided under the present government of such State; and the governor, lieutenant governor, senators and representatives, and all the other officers of such provisional government shall, respectively, hold their offices for one year, and until their successors are duly qualified, unless such officers are sooner removed or superseded, in pursuance of the other provisions of this act. All such officers so elected shall have the same qualifications, and shall take, subscribe, and file the same oath, as is herein required in the case of the appointment of such officers. And the powers, duties, fees, and compensation of all such officers shall be the same as now by law appertain to such offices, respectively, in so far as such laws are not inconsistent with the provisions of this act.

SEC. 5. And be it further enacted, That the following persons, and no others, shall be electors and entitled to vote at all elections held under the provisions of this act, namely: every male citizen of the United States, without distinction of race or color, who has attained the age of twenty-one years, and has resided in Louisiana one year, and who has never borne arms against the Unitlate ed Confederate States since he was a citizen thereof, and who can truthfully take the oath prescribed by the act aforesaid of July second, anno Domini eighteen hundred and sixty-two: Provided, That any person otherwise qualified as an elector, as herein provided, and who never voluntarily gave aid, countenance, encouragement, or support to any rebellion against the United States nor any such aid, countenance, encouragement, or support to any government inimical to the United States in any other manner, capacity, or rank, than as a private soldier in open and civilized warfare, may be admitted to the rights of an elector by an order of the officer or person making the registration of voters, upon establishing, to the satisfaction of such person, by the testimony of persons who have at all times borne true allegiance to the United States, that he is one coming within the description of persons designated in this proviso. Upon such proof being made, and upon taking and subscribing upon the records of the registering officer an oath that all the things are true which bring the applicant within the exceptions of this proviso, and also that such person will at all times bear true allegiance to the United States, and to the perpetual union of the States thereunder, such person shall receive a certificate which shall entitle him to the rights of an elector.

SEC. 6. And be it further enacted, That the governor and council are hereby required to make and publish rules providing for—

First. A true and just registration, prior to each general election, of the names of all persons who, under the provisions of this act, are entitled to vote at any election named in this act; and he shall designate persons, having the qualifications of electors, by whom such registration shall be made, which registration shall be completed and made accessible to all the electors of the State at least one week before each general election.

Second. For the time of holding all elections, the time for holding which is not fixed by this act; and also for the places and manner of holding and conducting all the elections contemplated by this act, including rules for receiving, counting, certifying, and returning the votes cast; the granting certificates of election; the appointment and compensation of all judges and other officers of elections; and for every other thing which shall be necessary to the holding of a free election by the people. But all officers and agents appointed to make such registrations, and to conduct, make returns of, certify to, or do any act touching any election, shall be persons entitled to the rights of an elector under the provisions of this act; and all persons shall, before entering upon such duties, take and subscribe the oath aforesaid, prescribed by the act of July second, anno Domini eighteen hundred and sixty-two, and also to faithfully and impartially discharge the duties of their office.

SEC. 7. And be it further enacted, That upon the firs,t Monday in August, anno Domini eighteen hundred and sixty-seven, unless the Congress of the United States should by law otherwise provide, an election shall be held by all the persons qualified to vote under the provisions of this act for the choice of members to a convention to adopt a permanent constitution and frame of government for the State of Louisiana. No person shall be eligible to a seat in such convention who has not attained the age of twenty-five years, and who has not all the other qualifications prescribed by this act for the governor; and such convention shall be composed of the same number of members and shall be elected from the same districts as is now provided by law for the house of representatives. And no person shall take a seat in such convention who has not first taken, and upon the journals of the convention subscribed, the oath prescribed by the act of second July, anno Domini eighteen hundred and sixty-two. The constitution framed by such convention shall not permit any distinction in the rights of men on account of race or color, and shall recognize the power and duty of the government of the United States to protect and enforce the perpetual union of the States under such government. Said constitution shall provide that no debt, demand, or liability contracted or incurred in the name of the State or otherwise, in support of the recent rebellion, shall be assumed or paid; and that no pension, compensation, gift, or gratuity, shall be bestowed upon or paid by the State to any person for the loss of the service or labor of any person or by reason of anything done or suffered in support of the rebellion. And such constitution shall provide that the aforesaid provisions shall be irreversible and incapable of abrogation by amendment thereof. Such constitution shall be submitted for approval by the convention, at such time as it may fix, not less than sixty d,ays after the adjournment of the convention, to the electors of the State qualified to vote under the provisions of this act; the election to be held under rules prescribed as aforesaid by the governor and council, and if approved by a majority of such electors, it may be presented to Congress for the admission of the State to representation in Congress thereunder, upon such terms as may be by them prescribed.

SEC. 8. And be it further enacted, That it shall be the duty of the President of the United States to designate forthwith an officer of the army of the United States, who is of rank not below a brigadier general, who shall be stationed in the State of Louisiana, and shall be the military commander within the State; it shall, moreover, be the duty of the President to place in such State, under the command of such officer, such military force as shall be requisite to execute the duties herein assigned to such commander. It shall be the duty of such commander to aid the civil authorities in the State, whenever they shall be unable to enforce the laws enacted by the governor and council; and such commander, on the application of the council or of the governor, when the council is not in session, shall protect the people against domestic violence. And it shall, moreover, be the duty of such commander to render such support to the civil authorities in the preservation of order, and in the enforcement of the laws and rules regulating elections, and also all other laws, both of the United States and of the State, as shall insure the full, speedy, and impartial enforcement of all such laws and of equal justice, and this without regard to race or color.

SEC. 9. And be it further enacted, That the militia of the State shall consist of all the citizens of the State qualified as electors under this act, who shall be, as soon as practicable, duly organized and equipped, under laws adopted by the governor and council; and during the existence of the provisional government hereby created, such militia shall act under the direction of the aforesaid military commander within the State.

SEC. 10. And be it further enacted, That all laws now in force in Louisiana, consistent with the Constitution and laws of the United States and with the provisions of this act, shall remain in force until repealed or modified: Provided, That no person shall be competent to act as a juror who is not an elector under the provisions of this act: And provided also, That all the expenses of and incident to the administration of the provisional government herein provided for shall be collected and paid in such manner as may be prescribed by the governor and council.

SEC. 11. And be it further enacted, That the President shall appoint a governor and council, as herein provided, for each of the States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Florida, Texas, and Arkansas, whose qualifications and duties shall be the same as prescribed for those in the State of Louisiana; and all proceedings herein provided for the organization of a republican government in Louisiana, and the restoration of said State to representation in Congress, shall be had in each of the States named in this section.