In addition to this, all State, city and county officers shall take the test oath prescribed by the act of July 2, 1862. The Legislature shall enact a registry law, and persons applying to register shall take this oath: I, do solemnly swear (or affirm) that I am not disqualified from exercising the right of suffrage by the constitution framed by the convention which as sembled in the city of Richmond on the 3d day of December, 1867, and that I will support and defend the same to the best of my ability. The Governor has the veto power, subject to the passage by two-thirds. Lotteries prohibited. A uniform system of public free schools to be established, and to be introduced into all the counties by 1876. Capitation tax and an annual tax on property not less than one mill nor more than five for the support of schools. The militia to consist of all able-bodied males between eighteen and forty-five. Homestead exemption provided. Ordinance passed that the constitution be submitted for ratification June 2, when State officers and Representatives in Congress are to be chosen; the Assembly to meet June 24. [General Schofield recommended that the section prescribing the test-oath of 1862 for all State, city and county officers be submitted separately, and that the election be fixed not less than forty days after the passage by Congress of the necessary appropriation to pay the expense.] Constitution of Mississippi. Adopted by convention May 15, 1868, and submitted to popular vote, June 22, Provides, among other things, slavery shall not exist; no property qualification shall be required for jurors or for eligibility to office. All persons resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. No property or educational qualification shall ever be required for any person to become an elector. The right to withdraw from the Federal Union on account of any real or supposed grievances shall never be assumed by this State, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this State to the Government of the United States. No public money or moneys shall be appropriated for any charitable or other public institutions in this State, making any distinction among the citizens thereof; Provided, That nothing herein contained, shall be so construed as to prevent the Legislature from appropriating the school fund in accordance with the article in this constitution relating to public schools. The right of all citizens to travel upon all public conveyances shall not be infringed upon nor in any manner abridged in this State. The Governor has the veto power, subject to two-thirds vote of each house. All male inhabitants of this State, except idiots and insane persons, and Indians not taxed, citizens of the United States, or naturalized, twenty-one years old and upwards, who have resided in this State six months, and in the county one month next preceding the day of election at which said inhabitant offers to vote, and who are duly registered according to the requirements of section three of this article, and who are not disqualified by reason of any crime, are declared to be qualified electors. The Legislature shall provide by law for the registration of all persons entitled to vote at any election, and all persons entitled to register shall take and subscribe to the following oath or affirmation: I. - do solemnly swear (or affirm) in the presence of Almighty God, that I am twenty-one years old; that I have resided in this State six months, and in county one month; that I will faithfully support and obey the Constitution and laws of the United States, and of the State of Mississippi, and will bear true faith and allegiance to the same; that I am not disfranchised in any of the provisions of the acts known as the reconstruction acts of the Thirty-Ninth and Fortieth Congress; and that I admit the political and civil equality of all men. So help me God. Provided, That if Congress shall, at any time, remove the disabilities of any person disfranchised in the said reconstruction acts of the said Thirty-Ninth and Fortieth Congress, (and the Legislature of this State shall concur therein,) then so much of this oath, and so much only, as refers to the said reconstruction acts, shall not be required of such person, so pardoned, to entitle him to be registered. No person shall be eligible to any office of profit or trust, or to any office in the militia of this State, who is not a qualified elector. No person shall be eligible to any office of profit or trust, civil or military, in this State, who, as a member of the Legislature, voted for nance of secession, or who, as a delegate to any the call of the convention that passed the ordisecession, or who gave voluntary aid, counteconvention, voted for or signed any ordinance of nance, counsel or encouragement to persons enor who accepted or attempted to exercise the gaged in armed hostility to the United States, functions of any office, civil or military, under any authority or pretended government, authority, power, or constitution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this convention, or who have continuously advocated the assembling of this convention, and shall continuously and in good faith advocate the acts of the same; but the Legislature may remove such disability; Provided, That nothing in this section, except voting for or signing the ordinance of secession, shall be so construed as to exclude from office the private soldier of the late so-called Confederate States army. The State of Mississippi shall never assume nor pay any debt or obligation contracted in aid of the rebellion, nor shall this State ever in any manner claim from the United States, or make any allowance or compensation for slaves emancipated or liberated in any way whatever, since the 9th day of January, 1861. cers elected or appointed to any office in this Members of the Legislature, and all other offState, shall, before entering upon the discharge of the duties thereof, take and subscribe the following oath of office: I,, do solemnly swear (or affirm) that I will faithfully support and true allegiance bear the Constitu tion of the United States and the State of Mississippi, and obey the laws thereof; that I am not disqualified States or the State of Mississippi; that I have neve from holding office by the Constitution of the United as a member of any convention voted for or signed any ordinance of secession; that I have never as a member of any State Legislature voted for the call of any convention that passed any such ordinance; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God. The ordinance of secession of the State of Mississippi, passed January 9, 1866, is hereby declared to be null and void. The present and all previous constitutions of the State of Mississippi are hereby declared to be repealed and annulled by this constitution. All laws now in force in this State, not enacted in furtherance of secession and rebellion, and not repugnant to this constitution, shall continue in force. Common school fund provided for; the tax in its aid not to exceed $2 annually. All persons who have not been married, but are now living together and cohabiting as husband and wife, shall be taken and he.d for all purposes in law as married, and their children, whether born before or after the ratification of this constitution, shall be legitimate, and the Legislature may by law punish adultery and concubinage. 1868, March 13-An ordinance adopted, as follows: SEC. 1. That no contracts shall be valid which in any manner abridge or affect the right of franchise of either party; and any person or persons demanding such conditions shall, upon conviction thereof before any court having compoll-petent jurisdiction, be disfranchised for the term of five years, and pay a fine of not less than five hundred dollars. All able-bodied males, between eighteen and forty-five, shall be liable to military duty in the militia. Lotteries and sale of lottery tickets prohibited. All lands sold in pursuance of decree of courts or execution shall be divided into tracts not to exceed one hundred and sixty acres. SEC. 2. Whoever shall dismiss from employment any person or persons for having exercised the right of franchise, or for offering to exercise such right, shall, on conviction, be fined not less than two hundred and fifty dollars, and be disfranchised for the term of five years. XXIX. SUPPLEMENTAL RECONSTRUCTION MEASURES.* Act of July 19, 1867. An act supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the second day of March, 1867, and the act supplementary thereto, passed on the 23d day of March, 1867. Be it enacted, &c., That it is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled "An act to provide for the more efficient government of the rebel States," and of the act supplementary thereto, passed on the 23d day of March, 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal State governments; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress. hold or exercise, any civil or military office or duty in such district under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or the government thereof, or any munici pal or other division thereof; and upon such suspension or removal such commander, subject to the disapproval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or person so suspended or removed, by the detail of some competent officer or soldier of the army, or by the appointment of some other person to perform the same, and to fill vacancies occasioned by death, resignation, or otherwise. SEC. 3. That the General of the army of the United States shall be invested with all the powers of suspension, removal, appointment, and detail granted in the preceding section to district commanders. SEC. 4. That the acts of the officers of the army SEC. 2. That the commander of any district already done in removing in said districts pernamed in said act shall have power, subject to sons exercising the functions of civil officers, and the disapproval of the General of the army of appointing others in their stead, are hereby conthe United States, and to have effect till disap-firmed: Provided, That any person heretofore proved, whenever in the opinion of such commander the proper administration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer or person holding or exercising, or professing to or hereafter appointed by any district commander to exercise the functions of any civil office, may be removed either by the military officer in command of the district, or by the General of the army. And it shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the their official influence in any manner to hinder. Government of the United States, or who use delay, prevent, or obstruct the due and proper | any act or thing which, without such pardon administration of this act and the acts to which or amnesty, would disqualify him from registra it is supplementary. tion or voting. SEC. 9. That all members of said boards of registration, and all persons hereafter elected or appointed to office in said military districts, under any so-called State or municipal authority, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for officers of the United States. SEC. 5. That the boards of registration proSEC. 8. That section four of said last-named vided for in the act entitled "An act supple-act shall be construed to authorize the commandmentary to an act entitled 'An act to provide for ing general named therein, whenever he shall the more efficient government of the rebel States,' deem it needful, to remove any member of a passed March 2, 1867, and to facilitate restora- board of registration and to appoint another in tion," passed March 23, 1867, shall have power, his stead, and to fill any vacancy in such board. and it shall be their duty, before allowing the registration of any person, to ascertain, upon such facts or information as they can obtain, whether such person is entitled to be registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide that he is entitled thereto; and such board shall also have power to examine, under oath, (to be administered by any member of such board,) any one touching the qualification of any person claiming registration; but in every case of refusal by the board to register an applicant, and in every case of striking his name from the list as hereinafter provided, the board shall make a note or memorandum, which shall be returned with the registration list to the commanding general of the district, setting forth the grounds of such refusal or such striking from the list: Provided, That no person shall be disqualified as member of any board of registration by reason of race or color. SEC. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and whether he was holding such office at the commencement of the rebellion, or had held it before, and who has afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled to be registered or to vote; and the words "executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by law for the administration of any general law of a State, or for the administration of jus tice. SEC. 7. That the time for completing the original registration provided for in said act may, in the discretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power, and it shall be their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of five days, the registration lists, and, upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications required by said act who have not been already registered; and no person shall, at any time, be entitled to be registered or to vote, by reason of any executive pardon or amnesty, for SEC 10. That no district commander or member of the board of registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of any civil officer of the United States. SEC. 11. That all the provisions of this act and of the acts to which this is supplementary shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out. [This bill passed the House, July 13, yeas 111, nays 23; and the Senate, the same day, yeas 31, nays 6-the Republicans voting yea, and the Democrats nay. July 19, the bill was vetoed by President Johnson, and the same day it was re-passed by both Houses-in the House, yeas 109, nays 25; in the Senate, yeas 30, nays 6; a party vote, as before.] Act of March 11, 1868. AN ACT to amend the act passed March 23, SEC. 2. That the constitutional convention of any of the States mentioned in the acts to which this is amendatory may provide that at the time of voting upon the ratification of the constitu tion, the registered voters may vote also for members of the House of Representatives of the United States, and for all elective officers provided for by the said constitution; and the same election officers, who shall make the return of the votes cast on the ratification or rejection of the constitution, shall enumerate and certify the votes cast for members of Congress. Became a law, March 11, 1868, by lapse of time, the President not having signed or returned it with his objections within ten days after its presentation to him. [This bill passed the House, February 26, yeas 96, nays 32; and the Senate, February 25, yeas 28, nays 6; the Republicans voting for the bill, and the Democrats against it.] An Act to admit the State of Arkansas to Representation in Congress, June 22, 1868.Whereas the people of Arkansas, in pursuance of the provisions of an act entitled "An act for the more efficient government of the rebel States," passed March 2, 1867, and the acts supplementary thereto, have framed and adopted a constitution of State government, which is republican, and the Legislature of said State has duly ratified the amendment to the Constitution of the United States proposed by the Thirty-Ninth Congress, and known as Article XIV; Therefore, Be it enacted, &c., That the State of Arkansas is entitled and admitted to representation in Congress, as one of the States of the Union, upon the following fundamental condition: That the constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to all the inhab itants of said State; Provided, That any alteration of said constitution prospective in its effect may be made in regard to the time and place of residence of voters. YEAS-Messrs. Chandler, Cole, Conkling, Conness, An Act to Admit the States of North Carolina, Whereas the people of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have, in pursuance of the provisions of an act entitled "An act for the more efficient government of the rebel States," passed March 2, 1867, and the acts supplementary thereto, framed constitutions of State government which are republican, and have adopted such constitutions by held for the ratification or rejection of the same : large majorities of the votes cast at the elections therefore, North Carolina, South Carolina, Louisiana, GeorBe it enacted, &c., That each of the States of gia, Alabama, and Florida, shall be entitled and admitted to representation in Congress as a State of the Union when the Legislature of such State shall have duly ratified the amendment to the Constitution of the United States proposed by the Thirty-Ninth Congress, and known as Artitions: That the constitution of neither of said cle XIV, upon the following fundamental condiStates shall ever be so amended or changed as to deprive any citizen, or class of citizens, of the United States of the right to vote in said State who are entitled to vote by the constitution thereof, herein recognized, except as a punish[This bill passed the House, May 8-yeas 110, ment for such crimes as are now felonies at comnays 32; the nays being all Democrats, except convicted under laws equally applicable to all mon law, whereof they shall have been duly Messrs. Baker, Loan, Spalding, and Thomas the inhabitants of said State; Provided, That Williams, the fundamental condition" therein being "that the constitution of Arkansas shall any alteration of said constitutions may be made never be so amended or changed as to deprive of voters. And the State of Georgia shall only with regard to the time and place of residence any citizen or class of citizens of the United States of the right to vote who are entitled to this further fundamental condition: That the be entitled and admitted to representation upon vote by the constitution herein recognized, ex-first and third subdivisions of section seventeen cept as a punishment for such crimes as are of the fifth article of the constitution of said now felonies at common law, whereof they shall have been duly convicted." June 1, the bill was State, except the proviso to the first subdivision, amended in the Senate, on motion of Mr. Drake, shall be null and void, and that the general so that the "fundamental condition" should read: assembly of said State, by solemn public act, "That there shall never be in said State any denial or abridgment of the elective franchise, or of any other right, to any person by reason not taxed;" which was agreed to, yeas 26, nays or on account of race or color, except Indians 14, and was then passed, yeas 34, nays 8. A committee of conference agreed upon the bill as printed above, and their report passed the Senate, June 6, without a division, and the House also, a motion to table the report having been lost, yeas 27, (all Democrats,) nays 108, (all Republicans, except Mr. Stewart, of New York.) June 20, the bill was vetoed by the PRESIDENT, and passed in the House, yeas 111, nays 31; June 22, it passed the Senate, yeas 30, nays 7. In the House, on re-passing the bill, Mr. Stewart voted aye with the Republicans, and Mr. Cary voted nay with the Democrats. In the Senate the vote was: shall declare the assent of the State to the fore going fundamental condition.* SEC. 2. That if the day fixed for the first shall have passed, or have so nearly arrived bemeeting of the Legislature of either of said States, by the constitution or ordinance thereof, fore the passage of this act that there shall not be time for the Legislature to assemble at the period fixed, such Legislature shall convene at the end of twenty days from the time this act takes effect unless the Governor-elect shall sooner convene the same. SEC. 3. That the first section of this act shall take effect as to each State, except Georgia, when such State shall by its Legislature duly ratify Article XIV of the amendments to the Constitution of the United States, proposed by the Thirty-Ninth Congress, and as to the State of *See page 331. Georgia when it shall in addition give the assent of said State to the fundamental condition hereinbefore imposed upon the same; and thereupon the officers of each State, duly elected and qualified under the constitution thereof, shall be inaugurated without delay; but no person prohibited from holding office under the United States or under any State by section three of the proposed amendment to the Constitution of the United States known as Article XIV, shall be deemed eligible to any office in either of said States unless relieved from disability as provided in said amendment; and it is hereby made the duty of the President, within ten days after receiving official information of the ratification of said amendment by the Legislature of either of said States, to issue a proclamation announcing 1868, January 21-The House passed a bill declaring that in the ten rebel States there are no civil State governments republican in form, and that the so-called civil governments in said States shall not be recognized as valid or legal State governments either by the executive or judicial power or authority of the United States. The General of the army was authorized and required to enjoin, by special orders, upon all officers in command within those States the performance of all acts authorized by the reconstruction acts, and authorized to remove from command any or all of said commanders, and detail other officers of the United States army, not below the rank of colonel, to the end that the people of said several States may speedily reorganize civil governments and be restored to political power in the Union. The General of the army was authorized to remove any or all civil officers now acting under the several provisional governments within said several disorganized States, and appoint others, and to do any and all acts which are authorized to be done by the several commanders of the military departments within said States; and the law which authorizes IMPORTANT VOTES DURING THE CONSIDER to said military departments, or to remove any the President to detail the military commanders that fact. [This bill passed the House, May 14, yeas 110, nays 35; the Senate, June 9, yeas 31, nays 5-Republicans for, Democrats against it. June 25, it was vetoed by President Johnson, and passed over the veto, same day, in the House, yeas 107, nays 31; and in the Senate, yeas 35, nays 8.] ATION OF THE ABOVE BILLS. Votes prior to Passage of Act of March 11, 1868. During the pendency in the Senate of the act of March 11, 1868 February 25-Mr. Doolittle moved to amend by adding to the second section this proviso: Provided, nevertheless, That upon an election for the ratification of any constitution, or of officers under the same, previous to its adoption in any such State, no person not having the qualifications of an elector under the constitution and laws of such State, previous to the late rebellion, shall be allowed to vote, unless he shall possess one of the following qualifications, viz.: "1st. He shall have served as a soldier in the Federal army for one year or more; or, 2d He shall have sufficient education to read the Constitution of the United States, and to subscribe his name to an oath to support the same; or, 3d. He shall be seized in his own right, or in the right of his wife, of a freehold of the value of two hundred and fifty dollars." Which was not agreed to-yeas 3, nays 33, as follow: officers who may be detailed as herein provided, be unlawful for the President of the United is hereby repealed. It was provided that it shall States to order any part of the army or navy of the United States to assist, by force of arms, the authority of either of said provisional governments in said disorganized States to oppose of obstruct the authority of the United States, as provided in this act and the acts to which this is supplementary. Fine and imprisonment were provided for violation of this act. The vote was-yeas 124, nays 45, as follow: YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall, Buckland, Cake, burn, Cook, Cullom, Dawes, Dixon, Dodge, Donnelly, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, CoDriggs, Eckley, Eggleston, Ela, Elio, Farnsworth, Ferriss, Ferry, Fields, Garfield, Gravely, Griswold, Halsey, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Harding, Higby, Hooper, Hopking, Asahel W. Hubbard, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, William Lawrence, Lincoln, Logan, Loughridge, Marvin, Maynard, McCarthy, McClurg, Mercur, Miller, Moore, Moorhead, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paie, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Pomeroy. Price, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweathe, Aaron F. Stevens, Thaddeus Stevens, Taylor, Thonas, Trowbridge, Twichell, Upson, Van Aernam, Buit Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, ElWashburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge-124. YEAS-Messrs. Dixon, Doolittle, Hendricks-3. NAYS-Buckalew, Chandler, Cole, Conkling, Corbett, Cragin, Davis, Drake, Ferry, Fowler, Harlan, Henderson, Howe, Morgan, Morrill of Maine, Morrill of Ver-lihu B. Washburne, Heny D. Washburn, William B. mont, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates-33. 1867, December 18--The House passed a bill modifying the fifth section of the act of March 23, 1867, so that a majority of the votes cast at the election shall be sufficient to ratify the constitution, and authorizing an election for members of Congress at the same time with the vote on the constitution, according to the districts as they existed in 1858 and 1859. On this the yeas were 104, nays 37, Republicans and Messrs. Cary and Stewart in the affirmative, and Democrats in the negative. NAYS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, 1868, January 21-Mr. Butler offered a substitute that, in order to supply the place of these illegal governments, the constitutional conventions of each of said States, as soon as such conventions, respectively, shall have submitted to |