THIRTY-NINTH CONGRESS. SEss. II.

428

Cu. 152, 153. 1867.

March 2, 1867. CRAP. CLII. -An Act to amend an .J.ct entitkd "A11 Act a11thhri:tin9 the Construction
ofa Ja.il i11 andfar the District Co/.umbia," oppro"-'1 ,June [July] lwtnty:fitoe, eighteen
1866, ch. 236.
liu11dred and sixty-six.
.4nte, p. 231.

<if

Be it e11acted by tlte Senate and Hause of Representatives of the United

Re peal of j)11rt States of America in OQngress assembled, That so 1nuch of the sixth secof section,,;,: of tion of the act entitled "Ao act authorizin" the construction of a jail in
;tor 1866 ch. and fol' the District of Columbin," appro:ed June [Julyj twenty-five,
eighteen hundred and sixty-six, as specifies the amounl:S to be raised and
paid into the treasury of the United States by the cities of Washington
and Georgetown, respectively, before tlte completion of said jail, is hereby
repealed.
City of \Vash- SEC. 2. And be it fttrther enacted, That it shall be the duty of the
iogton to P":Y proper authorities of the city of ,vash in gton, and they are hereby re
$78,000 as ,ts
.
, y o 1 ti,e

t he tte,,ur

by tax or otI1erw1se, ao d pay into

pact for building qu ired, to rruse,
i!I in the Dis- United States, at or before the time of the completion of said jail, the sum
o
be the like dutJv of the
it shall
n:,e,

b1a. of C tum- of seventy-ei,,bt

a thousand dollars1 and
Georgetown to proper authorities of the city of Georgetown, and they are hereby r e pay s 12,000. quired, to raise, b y tax or otherwise, and pay into the treasury of the
United States, at or before the time of the completion of said jail, the sum
of twelve thousand dollars.
APPltOV.E:D, ]\larch 2, 1867.
March 2, 1867. CHAP. CLIII. -An Act toprovide,fi>r tl,e -more efficiel,t Goier,,ment

<if the Reb<:l Statt,.

WHEREAS no legal State governments or adequate protection for life or

Pre,,mble.

property now exists in the rebel States of Virginia, North Carolina,

See Vol. xv. South Carolina, Georgia, Mississippi, Alabatna, Louisiana, Florida, Texas,
P P 2, lt, 29, 80. aod Arkansas; and whereas it is necessary that peace and good order
should be enforced in said States until loyal and republican Stale govern
ments ca11 be legally eAtablished: Therefore,
Be it enacted by tlie Senate and Ho1t$e of Representatives of the United
i:'.ertaln rebl
r
e
s.ts. to b
States
of
America
in
l'ong
ess assembled, That said rebel States shall be
e
:.. dr.:c di"idecl into rnilitary districts and made subject to the milit.ary authority
" \sut;jcctcd to of the Unired St,ttes as hereinafter prescribed, and for that J)Urpose Vir
!' htary author- ginia sh all constitnte the first district; North Carolina and South Carolina
1
Yj,rst District. the second district; Georgia, Alabama, and Florida the third district;
_Second Dis- J\1ississippi and Arkansas tbe fourth district; and Louisiana and Texsis
.
tr,ct.
h
""h
di
ct.
stri
w
t
e
Third District.
_Fourth DisSEC. 2. And be it fartl1er enacted, That it shall be the duty of the
President to assign to the command of each of said districts an officer of
tri\ues/do::
I)' 1 . 1
the army, not below the rank of' brigadier-general, 11nd to detail a suffi
1
r
a,sign nrmy offi- cient military force to enable such officer to perform his duties and en
cer to commnnd 1orce lus
to wIu cb he 1s ass,gne
nuth ority
wit
b'1n t h e d',strict
d.
each district.
Uilitr)'. force SF.C, 3. And be it further enacted, That it shall be the duty of each
to eta,le<l. officer assigned. as aforesaid, to protect all persons in their rights of pereomman ders
d'1sorder, an d v10
I encc, and to
of distri cts, cbei r son an<I property, t o suppres3 1nsurrect1on,
p _owe,.. aod du- punish, or cause to be punished, all disturbers of tbe public peace and
eat civil tri- criminals; and to this end he n1ay allow local civil trjbunals to take juris
diction of and to try offenders, o,, when in his judgment it may be necesbun..ls.
Milito.ry tribu- Sary for the trial of offenders, he shall have power to organize military
natiate i nterfe r- commissions or tribunals for that purpo,e, and all interference under color.
ence declared of State authority wjtll the exercise of military authority under this act.,
null.
shall be null and void.
m,fi:;":r:; SEC, 4. 4nd be it .[irther enacted, !hat 11 persons put under military
bospect,lytried. arrest b y virtue of tlus act shall be tried without unnecessary delay, and
P un10hment . no cruel or unusual punishment shall be inflicted, and no sentence of any.

5eotences O f
d , affiectn1g

1...ry co1noo1ss1on or tn'b uoaI Iiereby au!h orn.e

the I''
ue or
military trii>u- m,1Mis.
liberty of any person, shall be executed until it is approved by the officer
in cornmand of the district, and the laws and regulations for the govern

.1

rt';

""t

THIRTY-NINTH CONGRESS. SEss. II. Ca. 153. 1867.

429

meot of the army shall not be affected by this act, except in so far as they
conflict with its provisions: Provi'ded, That no sentence of death under Sentences or
the provisions of this act shall be carried into effect with out the appr oval death.
of the President.
i.tions
the people of an y one of Conwd1lie
enacted, Tbnt when
Ste. 5. And be itfurther

t1 sueII
.
.
upon
.
said rebel States shall have formed a conshtut1on of go,ernmcnt 10 con- States shall be
formity with the Constitution of the United S tates in all respects, framed dcolnrcd entit)ed
1100
by a convention of delegates elected by the male citizens of snJd State, :
twenty-one years old and upward, of whatever race, color, or previous con- Delegates to
dition, who have been resident in said State for one year previous to the onveut ion!t to
1 on in ,orm consti u
except sueh as may be a1s1ranc
" d"
" h1se
day of sueh elect1on,
,or parllc1patti.o n by wbom
o
n
fel
ny at common lRw, a d when such constitution shall elected .
the rebellion or for
P, ,i\00 oti
o,ed hy ull such pe1\sons as
elective franchise shnll be eni
PrOl'ide that the
:., J
cons
tI L utlons as
,

have the quahficnt1otts herein stated for elector$ of delegates, and when to u,e elective
such constitution shall be ratified by a mnjority of the pers ons voting on fmchi,e..
,t,tut,on
of rah'fical!on
Icgates, aud Con
wh o are qual'fi
tbe question
,o, d e
1 ed as e] ectors ,.
to be ratified by
when such constitutiou shall have been. submitted to Congress tor exam- popular vote;
ination nd approval, and Cogress hall ha"e approved th same, !nd b to " ".' ved
,
when snid State, by a vote of Its leg,,lature elected under said consntu- YThe intes
to
tion, shall ha,e adopted the amend,nent to the Constitution of the United adopt the
"d. 0t t_o
States, proposed by the Thirty-ninth Congress, and known as article four- 11 "'"
n,,1 1u 1,011.
,e
eo
. .
teen, and when sm"d artrc
. 1e shAII h11,e become a part of the Contrtutlon
A11te, p. 8&8
of the United States, s11id State shall be declared entitl e d to represent.a- Se1111tol'$. and
presentRtlv..
d tbere- re
',n Congress, an<l senators and representative&
sb aU b e atlm1tte
11011
to be admitted
from 011 thei1 faking the oath prescribed by law, and then and thereafier upon inking the
oath,nnd.thisac1
e in said .State: Pr()- bec:omcs
sections of this act shall be inoperativ
the preccdin"
moper.
.
.,
That no person excluded from the pl'lv,lege of holdrng office by

tnded,
ativc.
said propo,cd amendment to "tbe Constitution of the United States, shall l'rovi!o
e elig ible to ele tion as a member of t-he convention to frame a constitu- 01ig;;Je
tron for nny of ,a,d rebel States, n or shall an y such person vote for mem- as memoor$ or
the ccmsliL;t1tionbers of uch con ,en tion.
Sr.;c. G. And be i't further enacted, That, until the people of said rebel " 1 {h:v :;
St11tes shall be by law admitted to representation in the Congress of the e_rnment of such
1".tes L <> b e pr<>United States, any civil governments which may exist therein shall be s.
,,s,onn 1 on1y uo
. to the paramount au- ti!
aII respects subect
I on Iy, and 1n
decmcd prov,s,ona
they are odi
thol'ity of the United States at any time to abolish, modify, control, or m tte to repre
sup1sede the ame; and in alt lllections to any office under such provi- ,;0 .1 vote
sionnl governments all persons shall be entitled to vote, and none others, in elections to of
und er prowho are entitled to vote, uo<ler the provisions of the fifth section of this. fl
v151ona
1 goveru.
II ,...
1.1g1ble
to any offiice under any sueI1 proY1- ments and
.,., e
act; all d no person sI,a
who
sional governmn1s who would be disqualified from holding office under nre eligible to
otllc
the provisions of the third art-icle of said constitutional amendment.
v 0, xv. P
SCHUYLER COLFAX,
Speaker of the House of Represet1tatives.
LA FAYE'fTE S . FOSTER,
President of the Se'llal,e, pro tempore.

ct::;

11;v

IN

THE HousE OF REPRf:SENTATIVES,}

March 2, 1867.
The President of the United States having returned to the House of
Representatives, in which it originated, the bill entitled " A n act to pro
vide for the more efficient government of the rebel States," with his ob
jections thereto, the Honse of Representatives proceeded, in pursuance of
the Constitution, to reconsider the same; and
Resolved, That the said bill do pass, two thirds of the House of Repre6entatives agreeing to pas.a the same.
EDWD. 1licPHERSON,
Attest:
<Jlerk of H. R. U. S.