SCHEME OF RECONSTRUCTION ON THE BASIS OF EQUAL RIGHTS.

BILL IN THE SENATE, TO ENFORCE THE GUARANTY OF A REPUBLICAN FORM OF

GOVERNMENT IN CERTAIN STATES, DECEMBER 4, 1865.

A Bill to enforce the guaranty of a Republican form of

Government in certain States whose governments have been

usurped or overthrown.

_Be it enacted by the Senate and House of Representatives of the United

States of America, in Congress assembled_, That, in the States lately

declared in rebellion against the United States, the President shall,

by and with the advice and consent of the Senate, appoint for each a

provisional governor, with pay and emoluments not exceeding those of a

brigadier-general of volunteers, who shall be charged with the civil

administration of such State, until a State government therein shall be

recognized as hereinafter provided.

SEC. 2. _And be it further enacted_, That the provisional governor of

each of such States shall direct the marshal of the United States, as

speedily as may be, to name a sufficient number of deputies, and to

enroll all male citizens of the United States resident in the State

in their respective counties, and to request each one to take the

oath to support the Constitution of the United States, and the oath

to maintain a republican form of government, and in his enrolment to

designate those who take and those who refuse to take the oaths, which

rolls shall be forthwith returned to the provisional governor; and if

the persons taking the oaths shall amount to a majority of the persons

enrolled in the State, he shall by proclamation invite the loyal people

of the State to elect delegates to a convention charged to declare the

will of the people of the State relative to the reëstablishment of a

State government, subject to and in conformity with the Constitution of

the United States.

SEC. 3. _And be it further enacted_, That the oath to maintain a

republican form of government shall be as follows: “I do hereby swear

(or affirm) that I will at all times hereafter use my best endeavors

to maintain a republican form of government in the State of which

I am an inhabitant, and in the Union of the United States; that I

will at all times recognize the indissoluble unity of the Republic,

and will always discountenance and resist any endeavor to break away

or secede from the Union; that I will give my influence and vote at

all times to strengthen and sustain the national credit; that I will

always discountenance and resist any attempt, directly or indirectly,

to repudiate or postpone, in any part or in any way, either the debt

contracted by the United States in subduing the late rebellion or

the obligation assumed to the Union soldiers; that I will always

discountenance and resist any laws making any distinction of race

or color; and that in all ways I will strive to maintain a State

government completely loyal to the Union, where all men shall enjoy

equal protection and equal rights.”[8]

SEC. 4. _And be it further enacted_, That the convention shall

consist of as many members as both Houses of the last constitutional

State Legislature, apportioned by the provisional governor among the

counties, parishes, or districts of the State, in proportion to the

population returned as electors by the marshal, in compliance with the

provisions of this Act. The provisional governor shall by proclamation

declare the number of delegates to be elected by each county, parish,

or election district; name a day of election, not less than thirty days

thereafter; designate the places of voting in each county, parish, or

district, conforming, as nearly as may be convenient, to the places

used in the State elections next preceding the Rebellion; appoint one

or more commissioners to hold the election at each place of voting; and

provide an adequate force to keep the peace during the election.

SEC. 5. _And be it further enacted_, That the delegates shall be

elected by the loyal male citizens of the United States of the age of

twenty-one years, and resident at the time in the county, parish, or

district in which they shall offer to vote, and enrolled as aforesaid,

or absent in the military service of the United States, and who shall

take and subscribe the oath of allegiance to the United States in

the form contained in the Act of Congress of July 2, 1862, and the

before recited oath to maintain a republican form of government;

and all such citizens of the United States who are in the military

service of the United States shall vote at the head-quarters of their

respective commands, under such regulations as may be prescribed by the

provisional governor for the taking and return of their votes; but no

person who has held or exercised any office, civil or military, State

or otherwise, under the Rebel usurpation, or who has voluntarily borne

arms against the United States, shall vote or be eligible as delegate

at such election.

SEC. 6. _And be it further enacted_, That the commissioners, or either

of them, shall hold the election in conformity with this Act, and,

so far as may be consistent therewith, shall proceed in the manner

used in the State prior to the Rebellion. The oath of allegiance and

the oath to maintain a republican form of government shall be taken

and subscribed on the poll-book by every voter in the form above

prescribed; but every person known by or proved to the commissioners

to have held or exercised any office, civil or military, State or

otherwise, under the Rebel usurpation, or to have voluntarily borne

arms against the United States, shall be excluded, though he offer

to take the oath; and in case any person who shall have borne arms

against the United States shall offer to vote, he shall be deemed to

have borne arms voluntarily, unless he shall prove the contrary by the

testimony of a qualified voter. The poll-book showing the name and

oath of each voter shall be returned to the provisional governor by

the commissioners of election, or the one acting, and the provisional

governor shall canvass such returns, and declare the person having the

highest number of votes elected.

SEC. 7. _And be it further enacted_, That the provisional governor

shall by proclamation convene the delegates duly elected, at the

capital of the State, on a day not more than three months after the

election, giving at least thirty days’ notice of such day. In case the

capital shall in his judgment be unfit, he shall in his proclamation

appoint another place. He shall preside over the deliberations of the

convention, and administer to each delegate, before taking his seat in

the convention, the oath of allegiance to the United States, and the

oath to maintain a republican form of government, in the form above

prescribed.

SEC. 8. _And be it further enacted_, That the convention shall

declare, on behalf of the people of the State, their submission to

the Constitution and laws of the United States, and shall adopt the

following provisions, hereby prescribed by the United States in the

execution of the constitutional duty to guaranty a republican form of

government to every State, and incorporate them in the Constitution of

the State, that is to say:--

First. No person who has held or exercised any office, civil or

military, except offices merely ministerial and military offices below

the grade of colonel, State or otherwise, under the usurping power,

shall vote for or be a member of the legislature or governor.

Secondly. Involuntary servitude is forever prohibited, and the freedom

of all persons is guarantied in such State.

Thirdly. No debt, State or otherwise, created by or under the sanction

of the usurping power, shall be recognized or paid by the State.

Fourthly. No person shall enter upon any office within the gift of the

people of this State, until he has first taken the oath to support the

Constitution of the United States and the oath to maintain a republican

form of government. And the Constitution shall prescribe forms for

these oaths substantially in accordance with the forms herein provided.

Fifthly. There shall be no distinction among the inhabitants of

this State founded on race, former condition, or color. Every such

inhabitant shall be entitled to all the privileges before the law

enjoyed by the most favored class of such inhabitants.

Sixthly. These provisions shall be perpetual, not to be abolished or

changed hereafter.

SEC. 9. _And be it further enacted_, That, when the convention shall

have adopted those provisions, it shall proceed to reëstablish a

republican form of government, and ordain a constitution containing

those provisions, which, when adopted, the convention shall by

ordinance provide for submitting to the people of the State entitled to

vote under this law, at an election to be held in the manner prescribed

by the act for the election of delegates, but at a time and place named

by the convention, at which election the electors described above, and

none others, shall vote directly for or against such constitution and

form of State government. And the returns of such election shall be

made to the provisional governor, who shall canvass the same in the

presence of the electors, and if a majority of the votes cast shall

be for the constitution and form of government, he shall certify the

same, with a copy thereof, to the President of the United States, who,

after obtaining the assent of Congress, shall by proclamation recognize

the government so established, and none other, as the constitutional

government of the State; and from the date of such recognition, and

after its legislature shall have ratified the Amendment to the United

States Constitution abolishing slavery and prohibiting involuntary

servitude, and not before, Senators and Representatives, and Electors

for President and Vice-President, may be elected in such State,

according to the laws of the State and of the United States.

SEC. 10. _And be it further enacted_, That, if the convention shall

refuse to reëstablish the State government on the foregoing conditions,

the provisional governor shall declare it dissolved; but it shall be

the duty of the President, whenever he shall have reason to believe

that a sufficient number of the people of the State entitled to vote

under this Act, in number not less than a majority of those enrolled

as aforesaid, are willing to reëstablish a State government on the

foregoing conditions, to direct the provisional governor to order

another election of delegates to a convention for the purpose and in

the manner prescribed in this Act, and to proceed in all respects

as herein before provided, either to dissolve the convention, or to

certify the State government reëstablished by it to the President.

SEC. 11. _And be it further enacted_, That, until the United States

shall have recognized a republican form of State government, the

provisional governor in each of such States shall see that this Act,

and the laws of the United States, and the laws of the State in

force when the State government was overthrown by the Rebellion, are

faithfully executed within the State; but no law or usage contrary

to any of the provisions herein directed to be inserted in the

constitution of the State shall be recognized or enforced by any court

or officer in such State, and such provisions shall be regarded as

already incorporated into the law of the State; and the laws for the

trial and punishment of white persons shall extend to all persons,

and jurors shall have the qualifications of voters under this law

for delegates to the convention. The President shall appoint such

officers, provided for by the laws of the State when its government

was overthrown, as he may find necessary to the civil administration

of the State, all which officers shall be entitled to receive the fees

and emoluments provided by the State laws for such officers. And he

may permit, when he deems it expedient, elections to be made of such

officers by the people entitled to vote according to the provisions of

this Act; such officers to have the qualifications required for voters

under this Act, and to hold their offices subject to removal by him.

And all such officers, whether appointed by the President or elected

by the people, shall, before entering on the duties of their offices,

take the oaths to support the Constitution of the United States, and to

maintain a republican form of government.

SEC. 12. _And be it further enacted_, That, until the recognition of a

State government as aforesaid, the provisional governor shall, under

such regulations as he may prescribe, cause to be assessed, levied, and

collected, for the year eighteen hundred and sixty-four, and every year

thereafter, the taxes provided by the laws of such State to be levied

during the fiscal year preceding the overthrow of the State government

thereof, in the manner prescribed by the laws of the State, as nearly

as may be; and the officers appointed as aforesaid are vested with all

powers of levying and collecting such taxes, by distress or sale, as

were vested in any officers or tribunal of the State government for

those purposes. The proceeds of such taxes shall be accounted for to

the provisional governor, and be by him applied to the expenses of the

administration of the laws in such State, subject to the direction of

the President; and the surplus shall be deposited in the treasury of

the United States to the credit of such State, to be paid to the State

upon an appropriation therefor, to be made when a republican form of

government shall be recognized therein by the United States.

This was read, passed to a second reading, and ordered to be

printed.

December 21st, it was, on motion of Mr. Sumner, referred to the

Joint Committee “to inquire into the condition of the States

which formed the so-called Confederate States of America,”

known as the Reconstruction Committee, of which Mr. Fessenden

was Senate Chairman, and Mr. Stevens House Chairman.

Nothing as systematic and complete as this measure was ever

adopted. The work of Reconstruction was piecemeal.

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