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H. R. 123, as amended by the Senate, is referred to the Committee on Reconstruction
A Bill
Supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the 2d day of March, 1867, and the act supplementary thereto passed on the 23d day of March, 1867.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled “"An act to pProvide for the more efficient government of the rebel States,”" and of the act supplementary thereto, passed on the 23d day of March, in the year 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were illegal and void; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the authority of Congress.
Sec. 2. And be it further enacted, That the commander of any district nasaid acts to which this is a supplemed in said act shall have power, whenever inbe construed to authorize the opinion of suchfficer assigned to the commander the proper admin of any military distration ofict under said acts, whenever he shall requiredeem it, to suspend or remove from office, or fromssary to the due performance of officialhis duties and the exercise of official powers, any officerunder said acts, to remove or susperson holding or exercising, or professing to hold or exercise,nd from office any civimunicipal or militaryState officer or duty in such district under any power, election, appointment, orperson exercising authority underived from, or granted by, or claimed under, virtue of any so-called State or the government thereof, or any municipal or other divisionexisting in his district, and thereof; and upon such suspension or removal such commander shall have said officer so assigned to command as aforesaid is hereby empowered to provide from time to time for appoint another performance ofson in the said dutiestead of suchthe officer or person so suspended or removed, by the detail of some competent officer or soldier of the Army or by the appointment of some other person to if he shall deem properform the same. Ando to fill vacancies occasioned by death or resignation;do, and the district commander whenever he shallmay deem it necessary, shall haveas aforesaid to power tohibit, suspend, or set aside, or affirm any act or proceeding of any such State government, or any municipal or other division thereofgovernment, or any act or thing done under or by virtue of its authority.
Sec. 3. And be it furt; and all acts her enacted, That the General of the Army of the United States shall be invested with all powers of suspension, removal, appoore done by any such officer intment, and detail granted in tccordance he preceding section to district commanders.with shall be deemed valid.
Sec. 43. And be it further enacted, That the actboards of the officersregistration of the Army already done in removing in saidseveral military districts persons exercisingestablished by the funactions of civil officers and appointing others in their stead are hereby confirmed. Provided, That any person heretofore or hereafter appointed by any district commander to exerciseto which this is supplementary, shall admit to registration only such persons as the functions of any civil office mayy deem entitled to be removed eithgistered by the military officer in command of the district or byacts aforesaid. They shall not regard the Generaltaking of the Army, and it shall oath prescribed in the dutyact of suMarch 23, 1867, commanclusive evider to remove from office, as aforesaid, allnce of the right of the persons who are disloyal taking it to the Government of the Unibe registered States, or who use their official influence in any manner to hinder, delbut prima facie only, and may, preceivent, or obstruct the due ah evidence und proper oadministh relation of this act andng thereto as the acts to which it is supplementary.
Sec. 5. And be it furthy may deem proper, enacted, That the boards of registration provided for inither from the act entitled “Aperson act supplementaryying to an act entitlbe registered ‘An act to provide for the more efficient govrs, and eithernment of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passed March 23, 1867, shall have power, and it shall be their dutymembers of said boards is hereby authorized to admit to regnisteration only such persons as they deem entitled to be registered by the acts aforesaid,s or affirmations and the oath required by said act shall not be conclusive on such question, and noexamine witnesses touching the right of any person shallto be registered unless such. Said board shall decide that he is entitled thereto; and such board shall also have power to examine under oath (to be admins of registration may strike from the listered by any member of such board) any one touchingvoters the qualificationname of any person claiminge already registeration.
Sec. 6. And be it furwho in their judgmenacted, That the true intent and meaning oft improperly took the oath prescribed in said supplementarythe act is (among otherto which things) that no persons is supplementary, or who has been a member of the Legislature of any State, or who has held any exnot entitled by said acts to be registered. Recutive or judicial office in any State, whether he has taken an oathd evidence shall not be required by said boards to support the Constituprove participation ofin the United States or not, and whether he was holdingrebellion, but parole evidence shall be such officient ato establish the factime of the rebellion, or had held it before, and who has afterwarsuch participation; and said boards of registration shall not be bound or governgaged in insurretheir action or rebellby any opinion againstof any officer of the United States, or given aid or comfor Government. Provided, That to the enemies thereof, is entitledright, of any person to be registered or toas a legal vote; and the words “executiver shall in no respect be changed or judicial office in any State,” in said oath mentioned, shall be construed to include all civil offices creaected by virtue of any pardon granted to such person by the President of the United by lawStates for the administrparticipation ofin the general laws of a Staterebellion.
Sec. 74. And be it further enacted, That the time for completingno civil court of the original registration provided for in said act may, in thUnited States or of any State shall have jurisdiscretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power and it shall be their duty,y action or proceeding, civil or criminal, against any such district commencing fourteen days prior to any election under said act, and upon reasonable public noticeander, or any officer or person acting by his authority for or on account of the time and place theredischarge of, to revise, for a period of five days,he duties imposed upon him by the registration lists, and upon being satisfied that any person not ent act or the acts to which it is supplementary.
Sec. 5. And be itled furthereto has been regisactered, That no distrike the name of such person from the list, ct command such person shall not be allowed to vote. And such board shall also, duringrelieved from the command assigned to him under the same period, add to such registryaforesaid acts unless the Senames of te shall pehave firsons who at that time possessadvised and consented the qualifications requiredreto, or unless by said act who have not been already registered; and no personce of court-martial he shall at any time be entitled to be registered or to vote by reason of any executive pbe cashiered or dismissed from the Army; or in ardon or amnesty for any act or thing which, without such pardon orffense punishable by dismissal from the Army amnesty, would disqualified by himsickness from registration or voting.the performance of his duties.
Sec. 86. And be it further enacted, That sectionthe time four of said last-named act shall be cthe completionstrued tof authorize the commanding general name registration of persons properly qualified therein, whenever he shall deem it needful, to remove any membo vote may be extended by orders of the said sever of al board of registration ict commanders to appoint another in his stead, and to fill any vacancy in such board.ny day prior to the 1st day of October, A. D. 1867.
Sec. 97. And be it further enacted, That any person or persons who shall the provisprevent, or attempt to prevent, the executions of this act, andor either of the acts to which this act is supplementary, shall be construed liberally, toguilty of a misdemeanor, and on conviction the end treof shat all thbe fintents thereof may be fully and perfectly carried ed in in a sum not exceeding $5,000 or imprisoned one year, or both, at the discretion of the court.