A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS--ASSEMBLES A
CONSTITUTIONAL CONVENTION--THE TEXANS DISSATISFIED--LAWLESSNESS
--OPPRESSIVE LEGISLATION--EX-CONFEDERATES CONTROLLING LOUISIANA--A
CONSTITUTIONAL CONVENTION--THE MEETING SUPPRESSED--A BLOODY RIOT--MY
REPORTS OF THE MASSACRE--PORTIONS SUPPRESSED BY PRESIDENT JOHNSON
--SUSTAINED BY A CONGRESSIONAL COMMITTEE--THE RECONSTRUCTION LAWS.
Although in 1865-66 much of my attention was directed to
international matters along the Rio Grande, the civil affairs of
Texas and Louisiana required a certain amount of military supervision
also in the absence of regularly established civil authority. At the
time of Kirby Smith's surrender the National Government had
formulated no plan with regard to these or the other States lately in
rebellion, though a provisional Government had been set up in
Louisiana as early as 1864. In consequence of this lack of system,
Governor Pendleton Murray, of Texas, who was elected under
Confederate rule, continued to discharge the duties of Governor till
President Johnson, on June 17, in harmony with his amnesty
proclamation of May 29, 1865, appointed A. J. Hamilton provisional
Governor. Hamilton was empowered by the President to call a
Constitutional convention, the delegates to which were to be elected,
under certain prescribed qualifications, for the purpose of
organizing the political affairs of the State, the Governor to be
guided by instructions similar to those given the provisional
Governor of North Carolina (W. W. Holden), when appointed in May.
The convening of this body gave rise to much dissatisfaction among
the people of Texas. They had assumed that affairs were to go on as
of old, and that the reintegration of the State was to take place
under the administration of Governor Murray, who, meanwhile, had
taken it upon himself, together with the Legislature, to authorize
the election of delegates to a State Convention, without restriction
as to who should be entitled to vote. Thus encouraged, the element
but lately in armed rebellion was now fully bent on restoring the
State to the Union without any intervention whatever of the Federal
Government; but the advent of Hamilton put an end to such illusions,
since his proclamation promptly disfranchised the element in
question, whose consequent disappointment and chagrin were so great
as to render this factor of the community almost uncontrollable. The
provisional Governor at once rescinded the edict of Governor Murray,
prohibited the assembling of his convention, and shortly after
called, one himself, the delegates to which were to b chosen by
voters who could take the amnesty-oath. The proclamation convening
this assemblage also announced the policy that would be pursued in
governing the State until its affairs were satisfactorily
reorganized, defined in brief the course to be followed by the
Judiciary, and provided for the appointment, by the Governor, of
county officials to succeed those known to be disloyal. As this
action of Hamilton's disfranchised all who could not take the amnesty
oath, and of course deprived them of the offices, it met at once with
pronounced and serious opposition, and he quickly realized that he
had on his hands an arduous task to protect the colored people,
particularly as in the transition state of society just after the
close of the war there prevailed much lawlessness, which vented
itself chiefly on the freedmen. It was greatly feared that political
rights were to be given those so recently in servitude, and as it was
generally believed that such enfranchisement would precipitate a race
war unless the freedmen were overawed and kept in a state of
subjection, acts of intimidation were soon reported from all parts of
the State.
Hamilton, an able, determined, and fearless man, tried hard to curb
this terrorism, but public opinion being strong against him, he could
accomplish little without military aid. As department commander, I
was required, whenever called upon, to assist his government, and as
these requisitions for help became necessarily very frequent, the
result was that shortly after he assumed his duties, detachments of
troops were stationed in nearly every county of the State. By such
disposition of my forces fairly good order was maintained under the
administration of Hamilton, and all went well till the inauguration
of J. W. Throckmorton, who, elected Governor in pursuance of an
authorization granted by the convention which Hamilton had called
together, assumed the duties of the office August 9, 1866.
One of Governor Throckmorton's first acts was to ask the withdrawal
or non-interference of the military. This was not all granted, but
under his ingenious persuasion President Johnson, on the 13th of
August, 1866, directed that the new State officials be entrusted with
the unhampered control of civil affairs, and this was more than
enough to revive the bulldozing methods that had characterized the
beginning of Hamilton's administration. Oppressive legislation in
the shape of certain apprentice and vagrant laws quickly followed,
developing a policy of gross injustice toward the colored people on
the part of the courts, and a reign of lawlessness and disorder
ensued which, throughout the remote districts of the State at least,
continued till Congress, by what are known as the Reconstruction
Acts, took into its own hands the rehabilitation of the seceded
States.
In the State of Louisiana a provisional government, chosen by the
loyal element, had been put in operation, as already mentioned, as
early as 1864. This was effected under encouragement given by
President Lincoln, through the medium of a Constitutional convention,
which met at New Orleans in April, 1864, and adjourned in July. The
constitution then agreed upon was submitted to the people, and in
September, 1864, was ratified by a vote of the few loyal residents of
the State.
The government provided under this constitution being looked upon as
provisional merely, was never recognized by Congress, and in 1865 the
returned Confederates, restored to citizenship by the President's
amnesty proclamation, soon got control of almost all the State. The
Legislature was in their hands, as well as most of the State and
municipal offices; so, when the President, on the 20th of August,
1866, by proclamation, extended his previous instructions regarding
civil affairs in Texas so as to have them apply to all the seceded
States, there at once began in Louisiana a system of discriminative
legislation directed against the freedmen, that led to flagrant
wrongs in the enforcement of labor contracts, and in the remote
parishes to numbers of outrages and murders.
To remedy this deplorable condition of things, it was proposed, by
those who had established the government of 1864, to remodel the
constitution of the State; and they sought to do this by reassembling
the convention, that body before its adjournment having provided for
reconvening under certain conditions, in obedience to the call of its
president. Therefore, early in the summer of 1866, many members of
this convention met in conference at New Orleans, and decided that a
necessity existed for reconvening the delegates, and a proclamation
was issued accordingly by B. K. Howell, President-pro-tempore.
Mayor John T. Monroe and the other officials of New Orleans looked
upon this proposed action as revolutionary, and by the time the
convention assembled (July 30), such bitterness of feeling prevailed
that efforts were made by the mayor and city police to suppress the
meeting. A bloody riot followed, resulting, in the killing and
wounding of about a hundred and sixty persons.
I happened to be absent from the city at the time, returning from
Texas, where I had been called by affairs on the Rio Grande. On my
way up from the mouth of the Mississippi I was met on the night of
July 30 by one of my staff, who reported what had occurred, giving
the details of the massacre--no milder term is fitting--and informing
me that, to prevent further slaughter, General Baird, the senior
military officer present, had assumed control of the municipal
government. On reaching the city I made an investigation, and that
night sent the following report of the affair:
"HEADQUARTERS MILITARY DIVISION OF THE GULF,
"NEW ORLEANS, LA., Aug. 1, 1866.
"GENERAL U. S. GRANT:
"You are doubtless aware of the serious riot which occurred in this
city on the 30th. A political body, styling themselves the
Convention of 1864, met on the 30th, for, as it is alleged, the
purpose of remodeling the present constitution of the State. The
leaders were political agitators and revolutionary men, and the
action of the convention was liable to produce breaches of the public
peace. I had made up my mind to arrest the head men, if the
proceedings of the convention were calculated to disturb the
tranquility of the Department; but I had no cause for action until
they committed the overt act. In the meantime official duty called
me to Texas, and the mayor of the city, during my absence suppressed
the convention by the use of the police force, and in so doing
attacked the members of the convention, and a party of two hundred
negroes, with fire-arms, clubs, and knives, in a manner so
unnecessary and atrocious as to compel me to say that it was murder.
About forty whites and blacks were thus killed, and about one hundred
and sixty wounded. Everything is now quiet, but I deem it best to
maintain a military supremacy in the city for a few days, until the
affair is fully investigated. I believe the sentiment of the general
community is great regret at this unnecessary cruelty, and that the
police could have made any arrest they saw fit without sacrificing
lives.
"P. H. SHERIDAN,
"Major-General Commanding."
On receiving the telegram, General Grant immediately submitted it
to the President. Much clamor being made at the North for the
publication of the despatch, Mr. Johnson pretended to give it to the
newspapers. It appeared in the issues of August 4, but with this
paragraph omitted, viz.:
"I had made up my mind to arrest the head men, if the proceedings of
the convention were calculated to disturb the tranquility of the
Department, but I had no cause for action until they committed the
overt act. In the mean time official duty called me to Texas, and
the mayor of the city, during my absence, suppressed the convention
by the use of the police force, and in so doing attacked the members
of the convention, and a party of two hundred negroes, with
fire-arms, clubs, and knives, in a manner so unnecessary and atrocious
as to compel me to say it was murder."
Against this garbling of my report--done by the President's own order
--I strongly demurred; and this emphatic protest marks the beginning of
Mr. Johnson's well-known personal hostility toward me. In the mean
time I received (on August 3) the following despatch from General Grant
approving my course:
"HEADQUARTERS ARMIES OF THE UNITED STATES,
"WAR DEPT., WASHINGTON, D. C., "August 3, 1866--5 p.m.
"MAJOR-GENERAL P. H. SHERIDAN,
"Commanding Mil. Div. of the Gulf,
"New Orleans, La.
"Continue to enforce martial law, so far as may be necessary to
preserve the peace; and do not allow any of the civil authorities to
act, if you deem such action dangerous to the public safety. Lose no
time in investigating and reporting the causes that led to the riot,
and the facts which occurred.
"U. S. GRANT,
"Lieutenant-General."
In obedience to the President's directions, My report of August 1 was
followed by another, more in detail, which I give in full, since it
tells the whole story of the riot:
"HEADQUARTERS MILITARY DIVISION OF THE GULF,
"NEW ORLEANS, LA., August 6, 1866.
"His EXCELLENCY ANDREW JOHNSON,
"President United States.
"I have the honor to make the following reply to your despatch of
August 4. A very large number of colored people marched in
procession on Friday night, July twenty-seven (27), and were
addressed from the steps of the City Hall by Dr. Dostie, ex-Governor
Hahn, and others. The speech of Dostie was intemperate in language
and sentiment. The speeches of the others, so far as I can learn,
were characterized by moderation. I have not given you the words of
Dostie's speech, as the version published was denied; but from what I
have learned of the man, I believe they were intemperate.
"The convention assembled at twelve (12) M. on the thirtieth (30),
the timid members absenting themselves because the tone of the
general public was ominous of trouble. I think there were about
twenty-six (26) members present. In front of the Mechanics
Institute, where the meeting was held, there were assembled some
colored men, women, and children, perhaps eighteen (18) or twenty
(20), and in the Institute a number of colored men, probably one
hundred and fifty (150). Among those outside and inside there might
have been a pistol in the possession of every tenth (10) man.
"About one (1) p. m. a procession of say from sixty (60) to one
hundred and thirty (130) colored men marched up Burgundy Street and
across Canal Street toward the convention, carrying an American flag.
These men had about one pistol to every ten men, and canes and clubs
in addition. While crossing Canal Street a row occurred. There were
many spectators on the street, and their manner and tone toward the
procession unfriendly. A shot was fired, by whom I am not able to
state, but believe it to have been by a policeman, or some colored
man in the procession. This led to other shots and a rush after the
procession. On arrival at the front of the Institute there was some
throwing of brickbats by both sides. The police, who had been held
well in hand, were vigorously marched to the scene of disorder. The
procession entered the Institute with the flag, about six (6) or
eight (8) remaining outside. A row occurred between a policeman and
one of these colored men, and a shot was again fired by one of the
parties, which led to an indiscriminate fire on the building through
the windows by the policemen. This had been going on for a short
time, when a white flag was displayed from the windows of the
Institute, whereupon the firing ceased, and the police rushed into
the building.
"From the testimony of wounded men, and others who were inside the
building, the policemen opened an indiscriminate fire upon the
audience until they had emptied their revolvers, when they retired,
and those inside barricaded the doors. The door was broken in, and
the firing again commenced, when many of the colored and white people
either escaped throughout the door or were passed out by the
policemen inside; but as they came out the policemen who formed the
circle nearest the building fired upon them, and they were again
fired upon by the citizens that formed the outer circle. Many of
those wounded and taken prisoners, and others who were prisoners and
not wounded, were fired upon by their captors and by citizens. The
wounded were stabbed while lying on the ground, and their heads
beaten with brickbats. In the yard of the building, whither some of
the colored men had escaped and partially secreted themselves, they
were fired upon and killed or wounded by policemen. Some were killed
and wounded several squares from the scene. Members of the
convention were wounded by the police while in their hands as
prisoners, some of them mortally.
"The immediate cause of this terrible affair was the assemblage of
this Convention; the remote cause was the bitter and antagonistic
feeling which has been growing in this community since the advent of
the present Mayor, who, in the organization of his police force,
selected many desperate men, and some of them known murderers.
People of clear views were overawed by want of confidence in the
Mayor, and fear of the thugs, many of which he had selected for his
police force. I have frequently been spoken to by prominent citizens
on this subject, and have heard them express fear, and want of
confidence in Mayor Monroe. Ever since the intimation of this last
convention movement I must condemn the course of several of the city
papers for supporting, by their articles, the bitter feeling of bad
men. As to the merciless manner in which the convention was broken
up, I feel obliged to confess strong repugnance.
"It is useless to disguise the hostility that exists on the part of a
great many here toward Northern men, and this unfortunate affair has
so precipitated matters that there is now a test of what shall be the
status of Northern men--whether they can live here without being in
constant dread or not, whether they can be protected in life and
property, and have justice in the courts. If this matter is
permitted to pass over without a thorough and determined prosecution
of those engaged in it, we may look out for frequent scenes of the
same kind, not only here, but in other places. No steps have as yet
been taken by the civil authorities to arrest citizens who were
engaged in this massacre, or policemen who perpetrated such
cruelties. The members of the convention have been indicted by the
grand jury, and many of them arrested and held to bail. As to
whether the civil authorities can mete out ample justice to the
guilty parties on both sides, I must say it is my opinion,
unequivocally, that they cannot. Judge Abell, whose course I have
closely watched for nearly a year, I now consider one of the most
dangerous men that we have here to the peace and quiet of the city.
The leading men of the convention--King, Cutler, Hahn, and others
--have been political agitators, and are bad men. I regret to say that
the course of Governor Wells has been vacillating, and that during the
late trouble he has shown very little of the man.
"P. H. SHERIDAN,
"Major-General Commanding."
Subsequently a military commission investigated the subject of the
riot, taking a great deal of testimony. The commission substantially
confirmed the conclusions given in my despatches, and still later
there was an investigation by a select committee of the House of
Representatives, of which the Honorables Samuel Shellabarger, of
Ohio, H. L. Elliot, of Massachusetts, and B. M. Boyer, of
Pennsylvania, were the members. The majority report of the committee
also corroborated, in all essentials, my reports of the distressing
occurrence. The committee likewise called attention to a violent
speech made by Mr. Johnson at St. Louis in September, 1866, charging
the origin of the riot to Congress, and went on to say of the speech
that "it was an unwarranted and unjust expression of hostile feeling,
without pretext or foundation in fact." A list of the killed and
wounded was embraced in the committee's report, and among other
conclusions reached were the following: "That the meeting of July 30
was a meeting of quiet citizens, who came together without arms and
with intent peaceably to discuss questions of public concern....
There has been no occasion during our National history when a riot
has occurred so destitute of justifiable cause, resulting in a
massacre so inhuman and fiend-like, as that which took place at New
Orleans on the 30th of July last. This riotous attack upon the
convention, with its terrible results of massacre and murder, was not
an accident. It was the determined purpose of the mayor of the city
of New Orleans to break up this convention by armed force."
The statement is also made, that, "He [the President] knew that
'rebels' and 'thugs' and disloyal men had controlled the election of
Mayor Monroe, and that such men composed chiefly his police force."
The committee held that no legal government existed in Louisiana, and
recommended the temporary establishment of a provisional government
therein; the report concluding that "in the meantime the safety of
all Union men within the State demands that such government be formed
for their protection, for the well being of the nation and the
permanent peace of the Republic."
The New Orleans riot agitated the whole country, and the official and
other reports served to intensify and concentrate the opposition to
President Johnson's policy of reconstruction, a policy resting
exclusively on and inspired solely by the executive authority--for it
was made plain, by his language and his acts, that he was seeking to
rehabilitate the seceded States under conditions differing not a whit
from those existing before the rebellion; that is to say, without the
slightest constitutional provision regarding the status of the
emancipated slaves, and with no assurances of protection for men who
had remained loyal in the war.
In December, 1866, Congress took hold of the subject with such vigor
as to promise relief from all these perplexing disorders, and, after
much investigation and a great deal of debate, there resulted the
so-called "Reconstruction Laws," which, for a clear understanding of
the powers conferred on the military commanders, I deem best to append
in full:
AN ACT to provide for the more efficient government of the rebel
States.
WHEREAS, no legal State governments or adequate protection for life
or property now exist 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 by the Senate and House of Representatives of the
United States of America in Congress assembled, That said rebel
States shall be divided into military districts and made subject to
the military authority of the United States as hereinafter
prescribed; and for that purpose Virginia shall constitute the first
district; North Carolina and South Carolina, the second district;
Georgia, Alabama, and Florida, the third district; Mississippi and
Arkansas, the fourth district; and Louisiana and Texas, the fifth
district.
SEC. 2. And be it further enacted, That it shall be the duty of the
President to assign to the command of each of said districts an
officer of the army not below the rank of brigadier-general, and to
detail a sufficient military force to enable such officer to perform
his duties and enforce his authority within the district to which he
is assigned.
SEC. 3. And be it further enacted, 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 punish, or cause to be punished, all disturbers of
the 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 cover of State authority,
with the exercise of military authority under this act, shall be null
and void.
SEC. 4. And be it further enacted, That all persons put under
military arrest by virtue of this act shall be tried without
unnecessary delay, and no cruel or unjust 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: Provided, That no sentence of death, under the
provisions of this act, shall be carried into effect without the
approval of the President.
SEC. 5. And be it further enacted, 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 all such persons as have
the qualifications herein stated for electors of delegates; and when
such constitution shall be ratified by a majority of the persons
voting on the question of ratification who are qualified as electors
for delegates, and when such constitution shall have been submitted
to Congress for examination and approval, and Congress shall have
approved the same; and when said State, by a vote of its legislature
elected under said constitution, shall have adopted the amendment to
the Constitution of the United States proposed by the Thirty-ninth
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 oath 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.
SEC. 6. And be it further enacted, That until the people of said
rebel States shall be by law admitted to representation in the
Congress of the United States, any civil government which may exist
therein shall be deemed provisional only, and in all respects subject
to the paramount authority of the United States at any time to
abolish, modify, control, or supersede the same; and in all elections
to any office under such provisional governments all persons shall be
entitled to vote, and none others, who are entitled to vote under 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.
SCHUYLER COLFAX,
Speaker of the House of Representatives.
LAFAYETTE S. FOSTER,
President of the Senate pro tempore.
AN ACT supplementary to an act entitled "An act to provide for the
more efficient government of the rebel States," passed March second,
eighteen hundred and sixty-seven, and to facilitate restoration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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,
twenty-one 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 affirm), in the presence of the Almighty God, that
I am a citizen of the State of ---------; that I have resided in said
State for----- months next preceding this day, and now reside in the
county of -------, or the parish of --------, in said State, (as the
case may be); that I am twenty-one years old; that I have not been
disfranchised for participation in any rebellion or civil war against
the United States, nor for felony committed against the laws of any
State or of the United States; that I have never been a member of any
State Legislature, nor held any executive or judicial office in any
State, and afterwards 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. 2. And be it further enacted, That after the completion of the
registration hereby provided for in any State, at such time and
places therein as the commanding general shall appoint and direct, of
which at least thirty days' public notice shall be given, an election
shall be held of delegates to a convention for the purpose of
establishing a constitution and civil government for such State loyal
to the Union, said convention in each State, except Virginia, to
consist of the same number of members as the most numerous branch of
the State 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 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. And be it further enacted, That at said election the
registered voters of each State shall vote for or against a
convention to form a constitution therefor under this act. Those
voting in favor of such a convention shall have written or printed on
the ballots by which they vote for delegates, as aforesaid, the words
"For a convention," and those voting against such a convention shall
have written or printed on such ballot the words "Against a
convention." The persons appointed to superintend said election, and
to make return of the votes given thereat, as herein provided, shall
count and make return of the votes given for and against a
convention; and the commanding general to whom the same shall have
been returned shall ascertain and declare the 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. 4. And be it further enacted, That the commanding general of
each district shall appoint as many boards of registration 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, list of voters, and of the persons elected as
delegates by a plurality 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 assemble 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 been so
framed, said constitution shall be submitted by the convention for
ratification to the persons registered under the provisions of this
act at an election to be conducted by the officers or persons
appointed or to be appointed by the commanding general, as
hereinbefore provided, and to be held after the expiration of thirty
days from the date of notice thereof, to be given by said convention;
and the returns thereof shall be made to the commanding general of
the district.
SEC. 5. And be it further enacted, That if, according to said
returns, the constitution shall be ratified by a majority of the
votes of the registered electors qualified as herein specified, cast
at said election, at least one-half of all the registered voters
voting upon 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 restraint, fear, or the influence of fraud, and if the
Congress shall be satisfied that such constitution meets the approval
of a majority of all the qualified electors in the State, and if the
said constitution shall be declared by Congress to be in conformity
with the provisions of the act to which this is supplementary, and
the other provisions of said act shall have been complied with, and
the said constitution shall be approved by Congress, the State shall
be declared entitled to representation, and senators and
representatives shall be admitted therefrom as therein provided.
SEC. 6. And be it further enacted, 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, shall, 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. And be if further enacted, 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. And be it further enacted, 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 in such State as may be necessary to
pay the same.
SEC. 9. And be it further enacted, That the word "article," in the
sixth section of the act to which this is supplementary, shall be
construed to mean, "section."
SCHUYLER COLFAX,
Speaker of the House of Representatives.
B. F. WADE,
President of the Senate pro tempore.