CHAPTER X.

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rescinded the edict of Governor Murray, prohibited the assembling of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.

Personal Memoirs of P. H. Sheridan, Volume 2, Part 5 · 第 6 / 7 章