the United States, discharging the powers and duties of the pleteness of its while in said office, has been guilty of acts which were de- The duty imposed on the committee, by this action of the House, was of the highest and gravest character. No committee during the entire history of the Government had ever been charged with a more important trust. The responsibility which it imposed was of oppressive weight, and of most unpleasant nature. Gladly would the committee have escaped from the arduous labors imposed on it by the resolution of the House; but, once imposed, prompt, deliberate, and faithful action, with a view to correct results, became its duty, and to this end it has directed its efforts. Completed. labors, and that they should be D. MORRIS, F. E. WOODbridge. MINORITY REPORT. Mr. ROGERS, the minority of the committee, submits the following as his views: The subscriber, one of the Judiciary Committee, to whom was referred by the House the inquiry to inquire into the official conduct of his Excellency the President of the United States, with a view to his impeachment upon certain charges made by the Hon. James M. Ashley, begs leave to submit the following report: The committee refuse to allow a report to be made giving the evidence to the House at this time, upon grounds which are no doubt satisfacSoon after the adoption of the resolution by tory to themselves. Therefore, I cannot report the House, the Hon. James M. Ashley commu- the evidence upon which my conclusion is based, nicated to the committee, in support of his which I would gladly do, did the committee charges against the President of the United deem it expedient. The examination of witStates, such facts as were in his possession, and nesses and the records was commenced, as apthe investigation was proceeded with, and has pears by the majority report, about the time of been continued almost without a day's inter- the reference, to wit, on the 7th of January, ruption. A large number of witnesses has been 1867, and continued daily. A large number of examined, many documents collected, and every-witnesses has been examined, and everything thing done which could be done to reach a conclusion of the case. But the investigation covers a broad field, embraces many novel and interesting and important questions, and involves a multitude of facts; while most of the witnesses are distant from the capital; owing to which, the committee, in view of the magnitude of the interests involved in this action, has not been able to conclude its labors, and is not, therefore, prepared to submit a definite and final report. If the investigation had even approached completeness, the committee would not feel authorized to present the result to the House at this late period of the session, unless the charges had been so entirely negatived as to admit of no discussion, which, in the opinion of the committee, is not the case. Certainly, no affirmative report could be properly considered in the expiring hours of this Congress. The committee not having fully investigated all the charges preferred against the President of the United States, it is deemed inexpedient to submit any conclusion, beyond the statement that sufficient testimony has been brought to its notice to justify and demand a further prosecution of the investigation. The testimony which the committee has taken will pass into the custody of the Clerk of the House, and can go into the hands of such committee as may be charged with the duty of bringing this investigation to a close, so that the labor expended upon it may not have been in vain. The committee regrets its inability definitely to dispose of the important subject committed to its charge, and presents this report for its own justification, and for the additional purpose of notifying the succeeding Congress of the incom done that could be to bring the case to a close, as appears by the majority report; and the majority came to the conclusion "that sufficient testimony has been brought to its notice to justify and demand a further prosecution of the investigation." I have carefully examined all the evidence in the case, and do report that there is not one particle of evidence to sustain any of the charges which the House charged the committee to investigate, and that the case is wholly without a particle of evidence upon which an impeachment could be founded, and that with all the effort that has been made, and the mass of evidence that has been taken, the case is entirely bald of proof. I furthermore report that the most of the testimony that has been taken is of a secondary character, and such as would not be admitted in a court of justice. In view of this conclusion, I can see no good in a continuation of the investigation. I am convinced that all the proof that can be produced has been before the committee, as no pains have been spared to give the case a full investigation. Why, then, keep the country in a feverish state of excitement upon this question any longer, as it is sure to end, in my opinion, in a complete vindication of the President, if justice be done him by the committee, of which I have no doubt. A. J. ROGERS. Impeachment in Fortieth Congress. IN HOUSE. 1867, March 7-Mr. JAMES M. ASHLEY rose to a question of privilege, and submitted these resolutions: Whereas the House of Representatives of the Thirty-Ninth Congress adopted, on the 7th of January, 1867, a resolution authorizing an in -119. March 29-Mr. SIDNEY CLARKE offered this preamble and resolution: quiry into certain charges preferred against the | John T. Wilson, Stephen F. Wilson, Windom, Woodbridge President of the United States; and whereas the Judiciary Committee, to whom said resolution and charges were referred, with authority to investigate the same, were unable for want of time to complete said investigation before the expiration of the Thirty-Ninth Congress; and whereas in the report submitted by said Judiciary Committee on the 2d of March they declare that the evidence taken is of such a character as to justify and demand a continuation of the investigation by this Congress: Therefore, Be it resolved by the House of Representatives, That the Judiciary Committee, when appointed, be, and they are hereby, instructed to continue the investigation authorized in said resolution of January 7, 1867, and that they have power to send for persons and papers. and to administer the customary oath to witnesses; and that the committee have authority to sit during the sessions of the House and during any recess which Congress or this House may take. Resolved, That the Speaker of the House be requested to appoint the Committee on the Judiciary forthwith, and that the committee so appointed be directed to take charge of the testimony taken by the committee of the last Congress; and that said committee have power to appoint a clerk at a compensation not to exceed six dollars per day, and employ the necessary stenographer. Resolved, That the Clerk of the House of Representatives be directed to pay out of the contingent fund of the House, on the order of the Committee of the Judiciary, such sum or sums of money as may be required to enable the said committee to prosecute the investigation above directed, and such other investigations as it may be ordered to make. Mr. HOLMAN moved to table the resolutions, which was disagreed to-yeas 32, nays 119; as follow: YEAS-Messrs. Archer, Barnes, Boyer, Brooks, Burr, Chunler, Denison, Eldridge, Fox, Getz, Haight, Holman, Humphrey, Kerr, Marshall, McCullough, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Rob inson. Ross, Sitgreaves, Stewart, Stone, Taber, Van Auken, Van Trump, Wood-32. NAYS-Messrs. Allison, Ames, Anderson, Delos R. Ashley, O'Neill, Orth, Paine, Perham, Peters, Pile, Plants, Poland, Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whereas upon charges preferred in the House of Representatives of the Thirty-Ninth Congress against the President of the United States of high crimes and misdemeanors, alleged to have been committed by him in the execution of his official trust, the Committee on the Judiciary of the said House, to which the same was referred, did report that for want of sufficient time they were unable to conclude their investigation, but that upon the facts disclosed it was in their judgment required and demanded that the inquiry should be prosecuted to a conclusion by the present Congress; and whereas in accordance with the said opinion this House did commit the said subject anew to its Committee on the Judiciary, which is now diligently engaged in the examination thereof; and whereas, in view of the report and recommendation of the Judiciary Committee of the last House, it would be dangerous to the public interest and failure of duty on the part of the present Congress, to adjourn and abdicate its practical control over the administration of the Government by surrendering its destinies, in the present critical condition of affairs, into the hands of an officer thus impeached before the nation, and well known not only to be hostile to the policy of its Congress, and to entertain the opinion that all the acts of that Congress looking to a restoration of the Union are unconstitutional: Therefore, Resolved, That the Committee on the Judiciary be requested to report on the charges preferred against the President, as aforesaid, on the first day of the meeting of the House after the recess hereafter to be determined. Mr. ROBINSON moved to table the resolution; which was disagreed to-yeas 38, nays 63, as follow: YEAS-Messrs. Archer, Bingham, Blair, Brooks, Buckland. Burr, Chanler, Reader W. Clarke, Cornell, Denism, Eldridge, Ferriss, Fields, Getz, Glossbrenner, Griswold, Holman, Chester D. Hubbard, Humphrey, Kerr, Ketcham, Laflin, Marshall, Marvin, Morrissey, Mungen, Niblack, Nicholson, Phelps, Plants, Robinson, Ross, Sitgreaves, Stewart, Taber, Van Auken, Van Trump, Wood-38. NAYS-Messrs. Allison, James M. Ashley, Baker, Benton, Boutwell, Broomall, Butler, Cake, Churchill, Sidney Clarke, Coburn, Cook, Covode, Cullom, Donnelly, Driggs, Eckley, Eggleston, Ela, Farnsworth, Garfield, Gravely, Halsey, Hamilton, Hayes, Hooper, Hopkins, Hulburd, Ingersoll, Judd, Kelley, Koontz, William Lawrence, Loan, Logan, Lough ridge, Mallory, McClurg, Mercur, Miller, Morrell, Myers, O'Neill, Perham, Pile, Polsley, Robertson, Sawyer, Schenck, Scofield, Shanks, Thaddeus Stevens, Taylor, Trowbridge, Upson, Robert T. Van Horn, Ward, Welker, Thomas Williams, William Williams, John T. Wilson, Windom, Woodbridge-63. The preamble was laid on the table, on a division by tellers-ayes 54, noes 32. The resolution was then adopted. The committee, it is understood, will make a report upon the 3d of July, on the reassembling of Congress. XVIII. TEXT OF THE RECONSTRUCTION MEASURES. 14th Constitutional Amendment. Joint Resolution proposing an Amendment to the Constitution of the United States. Be it resolved by the Senate and House of Rep-shall be held illegal and void. resentatives of the United States of America, in Congress assembled, (two-thirds of both Houses concurring,) That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, namely : rection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims SEC. 5. That Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XIV. SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Passed June 13, 1866. Reconstruction Act of Thirty-Ninth Congress, AN ACT to provide for the more efficient gov ernment of the rebel States. Whereas no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore Be it enacted, &c., That said rebel States shall be divided into military districts and made subject SEC. 2. Representatives shall be apportioned to the military authority of the United States, among the several States according to their re- as hereinafter prescribed, and for that purpose spective numbers, counting the whole number Virginia shall constitute the first district; North of persons in each State, excluding Indians not Carolina and South Carolina the second district; taxed. But when the right to vote at any elec- Georgia, Alabama, and Florida the third distion for the choice of electors for President and trict; Mississippi and Arkansas the fourth disVice President of the United States, representa- trict; and Louisiana and Texas the fifth district. tives in Congress, the executive and judicial SEC. 2. That it shall be the duty of the Presiofficers of a State, or the members of the Legis-dent to assign to the command of each of said lature thereof, is denied to any of the male inhab-districts an officer of the army, not below the itants of such State, being twenty-one years of rank of brigadier general, and to detail a suffiage, and citizens of the United States, or in any cient military force to enable such officer to perway abridged, except for participation in rebel- form his duties and enforce his authority within lion or other crime, the basis of representation the district to which he is assigned. therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. SEO. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punSEC. 3. No person shall be a Senator or Rep-ish, or cause to be punished, all disturbers of the resentative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability. SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insur public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of ¦ offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void. SEC. 4. That all persons put der military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions: Pro vided, That no sentence of death under thei Be it enacted, &c., That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twentyone 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 act aforesaid, and who shall have taken and subscribed the following oath or affirmation: "I, do solemnly swear, (or SEC. 5. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by affirm,) in the presence of Almighty God, that I all such persons as have the qualifications herein am a citizen of the State of -; that I have stated for electors of delegates, and when such resided in said State for months next constitution shall be ratified by a majority of preceding this day, and now reside in the county the persons voting on the question of ratification of - -, or the parish of in said State, who are qualified as electors for delegates, and (as the case may be;) that I am twenty-one when such constitution shall have been submit- years old; that I have not been disfranchised ted to Congress for examination and approval, for participation in any rebellion or civil war and Congress shall have approved the same, against the United States, nor for felony comand when said State, by a vote of its legisla-mitted against the laws of any State or of the ture elected under said constitution, shall have United States; that I have never been a memadopted the amendment to the Constitution ber of any State legislature, nor held any execof the United States, proposed by the Thirty-utive or judicial office in any State and afterninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State: Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention. wards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me God;" which oath or affirmation may be administered by any registering officer. SEC. 6. That until the people of said rebel SEC. 2. That after the completion of the regisStates shall be by law admitted to representa tration hereby provided for in any State, at such tion in the Congress of the United States, any time and places therein as the commanding gencivil governments which may exist therein shall eral shall appoint and direct, of which at least be deemed provisional only, and in all respects thirty days' public notice shall be given, an subject to the paramount authority of the United election shall be held of delegates to a convention States at any time to abolish, modify, control, for the purpose of establishing a constitution and or supersede the same; and in all elections to civil government for such State loyal to the any office under such provisional governments Union, said convention in each State, except all persons shall be entitled to vote, and none Virginia, to consist of the same number of memothers, who are entitled to vote under the pro-bers as the most numerous branch of the State visions of the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said constitutional amendment. Passed March 2, 1867. Supplemental Reconstruction Act of Fortieth AN ACT supplementary to an act entitled "An legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid, as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid. SEC. 3. That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under is act Those voting in favor of such a con- | restraint, fear, or the influence of fraud, and if ntion shall have written or printed on the the Congress shall be satisfied that such constirillots by which they vote for delegates, as afore- tution meets the approval of a majority of all aid, the words "For a convention," and those the qualified electors in the State, and if the voting against such a convention shall have said constitution shall be declared by Congress written or printed on such ballots the words to be in conformity with the provisions of the "Against a convention." The person appointed act to which this is supplementary, and the to superintend said election and to make return other provisions of said act shall have been comthe votes given thereat, as herein provided, plied with, and the said constitution shall be shall count and make return of the votes given approved by Congress, the State shall be defor and against a convention; and the com-clared entitled to representation, and Senators manding general to whom the same shall have and Representatives shall be admitted therefrom been returned shall ascertain and declare the as therein provided. total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention. SEC. 6 That all elections in the States mentioned in the said "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 hall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled An act to prescribe an oath of office:"* Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury. SEC. 7. 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 treasury not otherwise appropriated. SEC. 8. 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 This act is in these words: SEC. 4. That the commanding general of each district shall appoint as many boards of regis tration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plu rality 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 if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to ar semble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act and the act to which it is supplementary; and when the same shall have Be it enacted, &c.. That hereafter every person elected or been so frained, said constitution shall be sub-appointed to any office of honor or profit under the Govern mitted by the convention for ratification to the ment of theUnited States either in the civil, military, or naval persons registered under the provisions of this departments of the public service, excepting the President of the United States,shall, before entering upon the duties of such act at an election to be conducted by the officers office, and before being entitled to any of the salary or other or persons appointed or to be appointed by the emoluments thereof, take and subscribe the following oath commanding general, as hereinbefore provided, I have never voluntarily borne arms against the United or affirmation: "I, A B, do solemnly swear (or affirm) that and to be held after the expiration of thirty days States since I have been a citizen thereof; that I have volfrom the date of notice thereof, to be given by untarily given no aid, countenance, counsel,or encouragement said convention; and the returns thereof shall to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the be made to the commanding general of the district. functions of any office whatever, under any authority or SEC. 5. That if, according to said returns, the pretended authority, in hostility to the United States; that constitution shall be ratified by a majority of have not yielded a voluntary support to any pretended government, authority, power, or constitution within the the votes of the registered electors qualified as United States, hostile or inimical thereto; and I-do further herein specified, cast at said election, (at least swear (or affirm) that, to the best of my knowledge and one half of all the registered voters voting uponUnited States, against all enemies, foreign and domestic; ability, I will support and defend the Constitution of the the question of such ratification,) 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 it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Departmemt to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable for ever after, of holding any office or place under the United States. |