United States Fifteenth Amendment

The House of Representatives

The House of Representatives of the Fortieth Session of Congress

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Document introduced in:

Session 6440: 1867-03-18 12:00:00

Jacob H. Ela and Aaron F. Stevens from New Hampshire enter the House; H. R. 33 is reported by the Senate with an amendment

Document View:

H. R. 33

Shown with amendment 'H. R. 33: Committee Amendment' (e850792)

There are 0 proposed amendments related to this document on which decisions have not been taken.
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A Bill

Supplementary to an act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, 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 1st day of September, 1867, the commanding general in each district defined by anthe act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, shall cause a registration to be made before the first day of September, 1867, in each county or parish in the several States included in his district, 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 said “Act aforesaid,to provide for the more efficient government of the rebel States,” and who shall have taken and subscribed the following oath or affirmation: “I do solemnly swear, or affirm, in the presence of Almighty God, that I am a citizen of the State of __, that I have resided in said State forof __ months next preceding this day, and now reside in the county of __ or the parish of __, in saidthe State of ——, (as the case may be;) that I am twenty-one years old;do hereby solemnly swear (or affirm) that I haveam not been disfranchisexcluded for participation in any rebellion or civil war against the United States, nor for felony committed againstrom the right to vote by the laws of any State orprovisions of the United States; that I have never taken an oath as a member of Cfifth and sixth sectiongress of the United States or as an officer of the Unact passed March 2, 1867, entitled States, or as a member of any State Legislatures, or as an executiv'An act to provide for the mor judicial oe efficer of any State to support the Constitutionient government of the Unitedrebel States, and afterward engaged in insurrection or rebellion again' that I am sincerely and earnestly athe Unitached States, or given aid or comforto the Union and Government tof the enemies thereofUnited States; that I will steadfaithfulstly support the Constitution and obey the laws of the United States, and that I will, to the best of my ability, encourgage all others so to do: so help me God;” which oath or affirmation may be administered by any registering officer.such support and obedience. So help me God.”

SEC. 2. And be it further enacted, That after the completion ofwhenever the registration hereby provided for in any State, at such timeshall be completed, and placcopies therein asof returned to the commanding general, he shall appoint and direcause to be held in each State of his district, of which an a day not leastss than thirty days’ public notice shall be given from the date of his proclamation thereof, an election shall be held of delegates to a convention for the purpose of establishframing a constitution for said State, and of firmly re-establishing a civil government for such State loyal to the Union, said convention in each State, except Virg thereinia, to consistand of the same number of members as the most numerous branch of the State Legislature of such State in the year 1860, to be apportioned ampassing all needful ordinances for putting said cong the several districts, counties, or parishes of such State by the common anding general, givovernment ing to each representoperation in the ratio of voters registered as aforesaid as nearly as may be..

SEC. 3. And be it further enacted, That the convention in Virginiaeach State shall consist of the same number of members as represented the territory now constituting Virginia inof the most numerous branch of the Llegislature of said State in the year 1860, to be apportioned as aforesaid.

SEC. 3. And be it further enacuch Stated, That at said election the registered votunders of each State shall vote for or against a convention to form a constitution therefor under thof exis act. Those voting in favor of suchJanuary 1, 1860; a convention shall have written or printed on the ballots by which they vote for delegates as aforesaid the words "For a convention," andelection districts existing on those voting against such a convention shall have written or printed onsaid first day of January such ballots the words “Against a convention.” The persons appoint be observed to superin thend said elections 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 tsignment of delegates. The commanding general to whom the same shall be returnedof each military district shall ascertain and declare thesign, as near as may be, total vothe in each State for and against a convenseveral election. If a majority of the vote districts given on that question shall be for a conveneach State within his jurisdiction, then such convention shall be held as hereinafter provided; but if a majority of said votes shall number of delegates to which it may be given against a convention,titled, according to then no such convention shall be held undumber of registered voters within its act.limits: Provided further, That sueach districonvention shall not be held untitless a majority of all such regid at leastered voters shall have voted on the question of holding such convention.delegate.

SEC. 4. And be it further enacted, That the commanding general of each district shall appoint as many boards of registratisuch loyal officers or persons as may be necessary, consistnot exceeding of three loyal officers or persin each election district, to make and complete thea registration, superintendto preside at the election, to receive, sort, and count, and to make return to him of the votes, lists 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, he shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification, and saidto proceed to the organization of a convention,; and when organized,the said convention shall proceed tohave framed a constitution and civil government according to thein accordance with said “Act to provisions of this act andde for the act to whmore effich ient is supplegovernmentary; and when of the same shall have been so framed,rebel States,” 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 herein before 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 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 the said constitution shall be declared by Congress to be in conformity with the provisfifth sections of the act entitled “An act to which this is suppleprovide for the more efficient governmentary, of the rebel States,” 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 Ssenators and Rrepresentatives shall be admitted therefrom as therein provided.

SEC. 6. And be it further enacted, That all elections in the States mentioned in the said a“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 2, 1862, entitled “An act to prescribe an oath of office.”

SEC. 7. And be it 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 Ttreasury 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.

Decisions yet to be taken

None

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