BOOK I. HISTORY OF THE POLITICAL PARTIES OF THE UNITED STATES. (continued 9)

Sec. 8. That tax lists already given, varying from the provisions of this act, shall be corrected so as to conform thereto.

THE TAX ACT OF APRIL 24, 1863.

[From the Richmond Whig, April 21.]

We present below a synopsis of the bill to lay taxes for the common defence and to carry on the government of the Confederate States, which has passed both branches of Congress. It is substantially the bill proposed by the committee on conference:

1. The first section imposes a tax of eight per cent. upon the value of all naval stores, salt, wines and spirituous liquors, tobacco, manufactured or unmanufactured, cotton, wool, flour, sugar, molasses, syrup, rice, and other agricultural products, held or owned on the 1st day of July next, and not necessary for family consumption for the unexpired portion of the year 1863, and of the growth or production of any year preceding the year 1863; and a tax of one per cent. upon all moneys, bank notes or other currency on hand or on deposit on the 1st day of July next, and on the value of all credits on which the interest has not been paid, and not employed in a business, the income derived from which is taxed under the provisions of this act: Provided, That all moneys owned, held or deposited beyond the limits of the Confederate States shall be valued at the current rate of exchange in Confederate treasury notes. The tax to be assessed on the first day of July and collected on the first day of October next, or as soon thereafter as may be practicable.

2. Every person engaged, or intending to engage, in any business named in the fifth section, shall, within sixty days after the passage of the act, or at the time of beginning business, and on the first of January in each year thereafter, register with the district collector a true account of the 155name and residence of each person, firm, or corporation engaged or interested in the business, with a statement of the time for which, and the place and manner in which the same is to be conducted, &c. At the time of the registry there shall be paid the specific tax for the year ending on the next 31st of December, and such other tax as may be due upon sales or receipts in such business.

3. Any person failing to make such registry and pay such tax, shall, in addition to all other taxes upon his business imposed by the act, pay double the amount of the specific tax on such business, and a like sum for every thirty days of such failure.

4. Requires a separate registry and tax for each business mentioned in the fifth section, and for each place of conducting the same; but no tax for mere storage of goods at a place other than the registered place of business. A new registry required upon every change in the place of conducting a registered business, upon the death of any person conducting the same, or upon the transfer of the business to another, but no additional tax.

5. Imposing the following taxes for the year ending 31st of December, 1863, and for each year thereafter:

Bankers shall pay $500.

Auctioneers, retail dealers, tobacconists, pedlers, cattle brokers, apothecaries, photographers, and confectioners, $50, and two and a half per centum on the gross amount of sales made.

Wholesale dealers in liquors, $200, and five per centum on gross amount of sales. Retail dealers in liquors, $100, and ten per centum on gross amount of sales.

Wholesale dealers in groceries, goods, wares, merchandise, &c., $200, and two and a half per centum.

Pawnbrokers, money and exchange brokers, $200.

Distillers, $200, and twenty per centum. Brewers, $100, and two and a half per centum.

Hotels, inns, taverns, and eating-houses, first class, $500; second class, $300; third class, $200; fourth class, $100; fifth class, $30. Every house where food or refreshments are sold, and every boarding house where there shall be six boarders or more, shall be deemed an eating house under this act.

Commercial brokers or commission merchants, $200, and two and a half per centum.

Theatres, $500, and five per centum on all receipts. Each circus, $100, and $10 for each exhibition. Jugglers and other persons exhibiting shows, $50.

Bowling alleys and billiard rooms, $40 for each alley or table registered.

Livery stable keepers, lawyers, physicians, surgeons, and dentists, $50.

Butchers and bakers, $50, and one per centum.

6. Every person registered and taxed is required to make returns of the gross amount of sales from the passage of the act to the 30th of June, and every three months thereafter.

7. A tax upon all salaries, except of persons in the military or naval service, of one per cent. when not exceeding $1,500, and two per cent. upon an excess over that amount: Provided, That no taxes shall be imposed by virtue of this act on the salary of any person receiving a salary not exceeding $1,000 per annum, or at a like rate for another period of time, longer or shorter.

8. Provides that the tax on annual incomes, between $500 and $1,500, shall be five per cent.; between $1,500 and $3,000, five per cent. on the first $1,500 and ten per cent. on the excess; between $3,000 and $5,000, ten per cent.; between $5,000 and $10,000, twelve and a half per cent.; over $10,000, fifteen per cent., subject to the following deductions: On incomes derived from rents of real estate, manufacturing, and mining establishments, &c., a sum sufficient for necessary annual repairs; on incomes from any mining or manufacturing business, the rent, (if rented,) cost of labor actually hired, and raw material; on incomes from navigating enterprises, the hire of the vessel, or allowance for wear and tear of the same, not exceeding ten per cent.; on incomes derived from the sale of merchandise or any other property, the prime cost of transportation, salaries of clerks, and rent of buildings; on incomes from any other occupation, the salaries of clerks, rent, cost of labor, material, &c.; and in case of mutual insurance companies, the amount of losses paid by them during the year. Incomes derived from other sources are subject to no deductions whatever.

All joint stock companies and corporations shall pay one tenth of the dividend and reserved fund annually. If the annual earnings shall give a profit of more than ten and less than twenty per cent. on capital stock, one eighth to be paid; if more than twenty per cent., one sixth. The tax to be collected on the 1st of January next, and of each year thereafter.

9. Relates to estimates and deductions, investigations, referees, &c.

10. A tax of ten per cent. on all profits in 1862 by the purchase and sale of flour, corn, bacon, pork, oats, hay, rice, salt, iron or the manufactures of iron, sugar, molasses made of cane, butter, woolen cloths, shoes, boots, blankets, and cotton cloths. Does not apply to regular retail business.

11. Each farmer, after reserving for his 156own use fifty bushels sweet and fifty bushels Irish potatoes, one hundred bushels corn or fifty bushels wheat produced this year, shall pay and deliver to the Confederate Government one tenth of the grain, potatoes, forage, sugar, molasses, cotton, wool, and tobacco produced. After reserving twenty bushels peas or beans he shall deliver one tenth thereof.

12. Every farmer, planter, or grazier, one tenth of the hogs slaughtered by him, in cured bacon, at the rate of sixty pounds of bacon to one hundred pounds of pork; one per cent. upon the value of all meat cattle, horses, mules, not used in cultivation, and asses, to be paid by the owners of the same; beeves sold to be taxed as income.

13. Gives in detail the duties of post quartermasters under the act.

14. Relates to the duties of assessors and collectors.

15. Makes trustees, guardians, &c., responsible for taxes due from estates, &c., under their control.

16. Exempts the income and moneys of hospitals, asylums, churches, schools, and colleges from taxation under the act.

17. Authorizes the Secretary of the Treasury to make all rules and regulations necessary to the operation of the act.

18. Provides that the act shall be in force for two years from the expiration of the present year, unless sooner repealed; that the tax on naval stores, flour, wool, cotton, tobacco, and other agricultural products of the growth of any year preceding 1863, imposed in the first section, shall be levied and collected only for the present year.

The tax act of February 17, 1864, levies, in addition to the above rates, the following, as stated in the Richmond Sentinel of February, 1864:

Sec. 1. Upon the value of real, personal, and mixed property, of every kind and description, except the exemptions hereafter to be named, five per cent.; the tax levied on property employed in agriculture to be credited by the value of property in kind.

On gold and silver ware, plate, jewels, and watches, ten per cent.

The tax to be levied on the value of property in 1860, except in the case of land, slaves, cotton, and tobacco, purchased since January 1st, 1862, upon which the tax shall be levied on the price paid.

Sec. 2. A tax of five per cent. on the value of all shares in joint stock companies of any kind, whether incorporated or not. The shares to be valued at their market value at the time of assessment.

Sec. 3. Upon the market value of gold and silver coin or bullion, five per cent.; also the same upon moneys held abroad, or all bills of exchange drawn therefor.

A tax of five per cent. on all solvent credits, and on all bank bills and papers used as currency, except non-interest-bearing Confederate Treasury notes, and not employed in a registered business taxed twenty-five per cent.

Sec. 4. Profits in trade and business taxed as follows:

On the purchase and sale of agricultural products and mercantile wares generally, from January 1, 1863, to January 1, 1865, ten per cent. in addition to the tax under the act of April 24, 1863.

The same on the purchase and sale of coin, exchange, stocks, notes, and credits of any kind, and any property not included in the foregoing.

On the amount of profits exceeding twenty-five per cent. of any bank, banking company, or joint stock company of any description, incorporated or not, twenty-five per cent. on such excess.

Sec. 5. The following are exempted from taxation.

Five hundred dollars’ worth of property for each head of a family, and a hundred dollars additional for each minor child; and for each son in the army or navy, or who has fallen in the service, and a member of the family when he enlisted, the further sum of $500.

One thousand dollars of the property of the widow or minor children of any officer, soldier, sailor, or marine, who has died in the service.

A like amount of property of any officer, soldier, sailor, or marine, engaged in the service, or who has been disabled therein, provided said property, exclusive of furniture, does not exceed in value $1,000.

When property has been injured or destroyed by the enemy, or the owner unable temporarily to use or occupy it by reason of the presence or proximity of the enemy, the assessment may be reduced in proportion to the damage sustained by the owner, and the tax in the same ratio by the district collector.

Sec. 6. The taxes on property for 1864 to be assessed as on the day of the passage of this act, and collected the 1st of June next, with ninety days extension west of the Mississippi. The additional tax on incomes or profits for 1863, to be paid forthwith; the tax on incomes, &c., for 1864, to be collected according to the acts of 1863.

Sec. 7. Exempts from tax on income for 1864, all property herein taxed ad valorem. The tax on Confederate bonds in no case to exceed the interest payable on the same; and said bonds exempt from tax when held by minors or lunatics, if the interest do not exceed one thousand dollars.

THE TAX LAW.

We learn that, according to the construction of the recent tax law in the Treasury Department, tax payers will be required to state the articles and objects subjected to a specific or ad valorem tax, held, owned, or 157possessed by them on the 17th day of February, 1864, the date of the act.

The daily wages of detailed soldiers and other employés of the Government are not liable to taxation as income, although they may amount, in the aggregate, to the sum of $1,000 per annum.

A tax additional to both the above was imposed as follows, June 1, 1864:

A bill to provide supplies for the army, and to prescribe the mode of making impressments.

Sec. 1. The Congress of the Confederate States of America do enact, Every person required to pay a tax in kind, under the provisions of the “Act to lay taxes for the common defense and carry on the Government of the Confederate States,” approved April 24, 1863, and the act amendatory thereof, approved February 17, 1864, shall, in addition to the one tenth required by said acts to be paid as a tax in kind, deliver to the Confederate Government, of the products of the present year and of the year 1865, one other tenth of the several products taxed in kind by the acts aforesaid, which additional one tenth shall be ascertained, assessed and collected, in all respects, as is provided by law for the said tax in kind, and shall be paid for, on delivery, by the Post-Quartermasters in the several districts at the assessed value thereof, except that payment for cotton and tobacco shall be made by the agents of the Treasury Department appointed to receive the same.

Sec. 2. The supplies necessary to the support of the producer and his family, and to carry on his ordinary business, shall be exempted from the contribution required by the preceding section, and from the additional impressments authorized by the act: Provided, however, That nothing herein contained shall be construed to repeal or affect the provisions of an act entitled “An act to authorize the impressment of meat for the use of the army, under certain circumstances,” approved Feb. 17, 1864, and if the amount of any article or product so necessary cannot be agreed upon between the assessor and the producer, it shall be ascertained and determined by disinterested freeholders of the vicinage, as is provided in cases of disagreement as to the estimates and assessments of tax in kind. If required by the assessor, such freeholder shall ascertain whether a producer, who is found unable to furnish the additional one tenth of any one product, cannot supply the deficiency by the delivery of an equivalent in other products, and upon what terms such commutation shall be made. Any commutation thus awarded shall be enforced and collected, in all respects, as is provided for any other contribution required by this act.

Sec. 3. The Secretary of War may, at his discretion, decline to assess, or, after assessment, may decline to collect the whole or any part of the additional one tenth herein provided for, in any district or locality; and it shall be his duty promptly to give notice of any such determination, specifying, with reasonable certainty, the district or locality and the product, or the proportion thereof, as to which he so declines.

Sec. 4. The products received for the contribution herein required, shall be disposed of and accounted for in the same manner as those received for the tax in kind; and the Secretary of War may, whenever the exigencies of the public service will allow, authorize the sale of products received from either source, to public officers or agents charged in any State with the duty of providing for the families of soldiers. Such sale shall be at the prices paid or assessed for the products sold, including the actual cost of collections.

Sec. 5. If, in addition to the tax in kind and the contribution herein required, the necessities of the army or the good of the service shall require other supplies of food or forage, or any other private property, and the same cannot be procured by contract, then impressments may be made of such supplies or other property, either for absolute ownership or for temporary use, as the public necessities may require. Such impressments shall be made in accordance with the provisions, and subject to the restrictions of the existing impressment laws, except so far as is herein otherwise provided.

Sec. 6. The right and the duty of making impressments is hereby confided exclusively to the officers and agents charged in the several districts with the assessment and collection of the tax in kind and of the contribution herein required; and all officers and soldiers in any department of the army are hereby expressly prohibited from undertaking in any manner to interfere with these officers and agents in any part of their duties in respect to the tax in kind, the contribution, or the impressment herein provided for: Provided, That this prohibition shall not be applicable to any district, county, or parish in which there shall be no officer or agent charged with the appointment and collection of the tax in kind.

Sec. 7. Supplies or other property taken by impressment shall be paid for by the post quartermasters in the several districts, and shall be disposed of and accounted for by them as is required in respect to the tax in kind and the contribution herein required; and it shall be the duty of the post quartermasters to equalize and apportion the impressments within their districts, 158as far as practicable, so as to avoid oppressing any portion of the community.

Sec. 8. If any one not authorized by law to collect the tax in kind or the contribution herein required, or to make impressments, shall undertake, on any pretence of such authority, to seize or impress, or to collect or receive any such property, or shall, on any such pretence, actually obtain such property, he shall, upon conviction thereof, be punished by fine not exceeding five times the value of such property, and be imprisoned not exceeding five years, at the discretion of the court having jurisdiction. And it shall be the duty of all officers and agents charged with the assessment and collection of the tax in kind and of the contribution herein required, promptly to report, through the post quartermasters in the several districts, any violation or disregard of the provisions of this act by any officer or soldier in the service of the Confederate States.

Sec. 9. That it shall not be lawful to impress any sheep, milch cows, brood mares, stud horses, jacks, bulls, or other stock kept or necessary for raising horses, mules, or cattle.

The following is the vote by which the bill passed the Senate:

Yeas—Messrs. Caperton, Graham, Haynes, Jemison, Johnson (Ark.), Johnson (Mo.), Mitchell, Orr, Walker, Watson—10.

Nays—Messrs. Baker, Burnett, Henry, Hunter, Maxwell, Semmes, Sparrow—7.

Admitting West Virginia.

An important political movement in the early years of the war was the separation of West Virginia from the mother State, which had seceded, and her admission into the Union.

SECOND SESSION, THIRTY-SEVENTH CONGRESS.

In Senate, 1862, July 14.—The bill providing for the admission of the State of West Virginia into the Union, passed—yeas 23, nays 17, as follows:

Yeas—Messrs. Anthony, Clark, Collamer, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Rice, Sherman, Simmons, Ten Eyck, Wade, Wilkinson, Willey, Wilson of Massachusetts—23.

Nays—Messrs. Bayard, Browning, Carlile, Chandler, Cowan, Davis, Howard, Kennedy, King, McDougal, Powell, Saulsbury, Stark, Sumner, Trumbull, Wilson of Missouri, Wright—17.

During the pendency of this bill, July 14, 1862, Mr. Sumner moved to strike from the first section of the second article the words: “the children of all slaves born within the limits of said State shall be free,” and insert:

Within the limits of the said State there shall be neither slavery nor involuntary servitude, otherwise than in punishment of crimes whereof the party shall be duly convicted.

Which was rejected—yeas 11, nays 24, as follows:

Yeas—Messrs. Chandler, Clark, Grimes, King, Lane of Kansas, Pomeroy, Sumner, Trumbull, Wilkinson, Wilmot, Wilson, of Massachusetts—11.

Nays—Messrs. Anthony, Bayard, Browning, Carlile, Collamer, Doolittle, Foot, Foster, Harris, Henderson, Howe, Kennedy, Lane of Indiana, Powell, Rice, Saulsbury, Sherman, Simmons, Stark, Ten Eyck, Wade, Wiley, Wilson of Missouri, Wright—24.

Mr. Willey proposed to strike out all after the word “That” in the first section, and insert:

That the State of West Virginia be, and is hereby, declared to be one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever, and until the next general census shall be entitled to three members in the House of Representatives of the United States: Provided always, That this act shall not take effect until after the proclamation of the President of the United States hereinafter provided for.

Sec. 2. It being represented to Congress that since the convention of the 26th of November, 1861, that framed and proposed the constitution for the said State of West Virginia, the people thereof have expressed a wish to change the seventh section of the eleventh article of said constitution by striking out the same, and inserting the following in its place, namely, “The children of slaves born within the limits of this State after the 4th day of July, 1863, shall be free, and no slave shall be permitted to come into the State for permanent residence therein:” therefore,

Be it further enacted, That whenever the people of West Virginia shall, through their said convention, and by a vote to be taken at an election to be held within the limits of the State at such time as the convention may provide, make and ratify the change aforesaid and properly certify the same under the hand of the president of the convention, it shall be lawful for the President of the United States to issue his proclamation stating the fact, and thereupon this act shall take effect and be in force from and after sixty days from the date of said proclamation.

Mr. Lane of Kansas moved to amend the amendment by inserting after the word “Herein,” and before the word, “Therefore” the words:

159And that all slaves within the said State who shall at the time aforesaid be under the age of ten years shall be free when they arrive at the age of twenty-one years; and all slaves over ten and under twenty-one years shall be free when they arrive at the age of twenty-five years.

Which was agreed to—yeas 25, nays 12, as follows:

Yeas—Messrs. Anthony, Clark, Collamer, Doolittle, Foot, Foster, Grimes, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson, of Massachusetts—25.

Nays—Messrs. Browning, Carlile, Davis, Henderson, Kennedy, McDougall, Powell, Saulsbury, Stark, Willey, Wilson of Missouri, Wright—12.

The amendment as amended was then agreed to.

A motion to postpone the bill to the first Monday of the next December was lost—yeas 17, nays 23.

In House, July 16—The bill was postponed until the second Tuesday of the next December—yeas 63, nays 33.

THIRD SESSION, THIRTY-SEVENTH CONGRESS.

1863, Dec. 10, the House passed the bill—yeas 96, nays 57.

1863, April 20, the President issued a proclamation announcing the compliance, by West Virginia, of the conditions of admission.

COLOR IN WAR POLITICS.

Emancipation and its attendant agitations brought to the front a new class of political questions, which can best be grouped under the above caption. The following is a summary of the legislation:

Second Session, Thirty-Seventh Congress.

To Remove Disqualification of Color in Carrying the Mails.

In Senate, 1862, April 11—The Senate considered a bill “to remove all disqualification of color in carrying the mails of the United States.” It directed that after the passage of the act no person, by reason of color, shall be disqualified from employment in carrying the mails, and all acts and parts of acts establishing such disqualification, including especially the seventh section of the act of March 3, 1825, are hereby repealed.

The vote in the Senate was, yeas 24, nays 11, as follows:

Yeas—Messrs. Anthony, Browning, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Wade, Wilkinson, and Wilson of Massachusetts—24.

Nays—Messrs. Davis, Henderson, Kennedy, Lane of Indiana, Latham, Nesmith, Powell, Stark, Willey, Wilson of Missouri, Wright—11.^[25]

In House, May 21—It was considered in the House and laid on the table—yeas 83, nays 43.

First Session, Thirty-Eighth Congress.

1864, February 26—The Senate considered the bill—the question being on agreeing to a new section proposed by the Committee on Post Offices and Post Roads—as follows:

Sec. 2. That in the courts of the United States there shall be no exclusion of any witness on account of color.

Mr. Powell moved to amend by inserting after the word “States” the words: “in all cases for robbing or violating the mails of the United States.”

No further progress was made on the bill.

NEGRO SUFFRAGE IN MONTANA TERRITORY.

1864, March 18—The House passed, without a division, a bill in the usual form, to provide a temporary government for the Territory of Montana.

March 31—The Senate considered it, when Mr. Wilkinson moved to strike from the second line of the fifth section, (defining the qualifications of voters,) the words “white male inhabitant” and insert the words: “male citizen of the United States, and those who have declared their intention to become such;” which was agreed to—yeas 22, nays 17, as follows:

Yeas—Messrs. Brown, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, Morgan, Morrill, Pomeroy, Sumner, Wade, Wilkinson, Wilson—22.

Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Harding, Henderson, Johnson, Lane of Indiana, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey—17.

The bill was then passed—yeas 29, nays 8, (Messrs. Buckalew, Davis, Johnson, Powell, Riddle, Saulsbury, Van Winkle, Willey.)

April 15—The Senate adopted the report of the Committee of Conference on the Montana bill, which recommended the Senate to recede from their second amendment, and the House to agree to the first and third amendments of the Senate, (including the above.)

April 15—Mr. Beaman presented the report of the Committee of Conference on the Montana bill, a feature of which was that the House should recede from its disagreement 160to the Senate amendment striking out the word “white” in the description of those authorized to vote.

Mr. Holman moved that the report be tabled; which was lost by the casting vote of the Speaker—yeas 66, nays 66.

Upon agreeing to the report the yeas were 54, nays 85.

On motion to adhere to its amendments, and ask another Committee of Conference, Mr. Webster moved instructions:

And that said committee be instructed to agree to no report that authorizes any other than free white male citizens, and those who have declared their intention to become such, to vote.

Which was agreed to—yeas 75, nays 67.

April 15—The Senate declined the conference upon the terms proposed by the House resolution of that day.

April 18—The House proposed a further free conference, to which, April 25, the Senate acceded.

May 17—In Senate, Mr. Morrill submitted a report from the Conference Committee who recommend that qualified voters shall be:

All citizens of the United States, and those who have declared their intention to become such, and who are otherwise described and qualified under the fifth section of the act of Congress providing for a temporary government for the Territory of Idaho approved March 3, 1863.

The report was concurred in—yeas 26, nays 13.

May 20—The above report was made by Mr. Webster in the House, and agreed to—yeas 102, nays 26.

IN WASHINGTON CITY.^[26]

1864, May 6—The Senate considered the bill for the registration of voters in the city of Washington, when

Mr. Cowan moved to insert the word “white” in the first section, so as to confine the right of voting to white male citizens.

May 12—Mr. Morrill moved to amend the amendment by striking out the words—

And shall have paid all school taxes and all taxes on personal property properly assessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen and board of common council, and assessor, and for every officer authorized to be elected at any election under any act or acts to which this is amendatory or supplementary, and inserting the words—

And shall within the year next preceding the election have paid a tax, or been assessed with a part of the revenue of the District, county, or cities, therein, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privileges of an elector.

May 26—Mr. Sumner moved to amend the bill by adding this proviso:

Provided, That there shall be no exclusion of any person from the registry on account of color.

May 27—Mr. Harlan moved to amend the amendment by making the word “person” read “persons,” and adding the words—

Who have borne arms in the military service of the United States, and have been honorably discharged therefrom.

Which was agreed to yeas 26, nays 12, as follows:

Yeas—Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Ten Eyck, Trumbull, Wade, Willey, Wilson—26.

Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Richardson, Saulsbury, Sumner, Van Winkle, Wilkinson—12.

May 28—Mr. Sumner moved to add these words to the last proviso:

And provided further, That all persons, without distinction of color, who shall, within the year next preceding the election, have paid a tax on any estate, or been assessed with a part of the revenue of said District, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privilege of an elector. But no person now entitled to vote in the said District, continuing to reside therein, shall be disfranchised hereby.

Which was rejected—yeas 8, nays 27, as follows:

Yeas—Messrs. Anthony, Clark, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sumner, Wilkinson—8.

Nays—Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Powell, Saulsbury, 161Sherman. Ten Eyck, Trumbull, Van Winkle, Willey, Wilson—27.

The other proposition of Mr. Sumner, amended on motion of Mr. Harlan, was then rejected—yeas 18, nays 20, as follows:

Yeas—Messrs. Anthony, Chandler, Clark, Dixon, Foot, Foster, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wilson—18.

Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Grimes, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Nesmith, Powell, Richardson, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey—20.

The bill then passed the Senate, and afterward the House, without amendment.

Third Session, Thirty-Seventh Congress.

Excluding Colored Persons from Cars.

In Senate—1863, February 27—Pending a supplement to the charter of the Washington and Alexandria Railroad Company, Mr. Sumner offered this proviso to the first section:

That no person shall be excluded from the cars on account of color.

Which was agreed to—yeas 19, nays 18, as follows:

Yeas—Messrs. Arnold, Chandler, Clark, Fessenden, Foot, Grimes, Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson, of Massachusetts—19.

Nays—Messrs. Anthony, Bayard, Carlile, Cowan, Davis, Henderson, Hicks, Howe, Kennedy, Lane of Indiana, Latham, McDougall, Powell, Richardson, Saulsbury, Turpie, Willey, Wilson of Missouri—18.

March 2.—The House concurred in the amendment without debate, under the previous question.

First Session, Thirty-Eighth Congress.

In Senate—1864, February 10—Mr. Sumner offered the following:

Resolved, That the Committee on the District of Columbia be directed to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of Columbia.

Which was agreed to—yeas 30, nays 10.

February 24—Mr. Willey, from the Committee on the District of Columbia, made this report, and the committee were discharged.

The Committee on the District of Columbia, who were required by resolution of the Senate, passed February 8, 1864, “to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of Columbia,” have had the matter thus referred to them under consideration, and beg leave to report:

The act entitled “An act to incorporate the Washington and Georgetown Railroad Company,” approved May 17, 1862, makes no distinction as to passengers over said road on account of the color of the passengers, and that in the opinion of the committee colored persons are entitled to all the privileges of said road which other persons have, and to all remedies for any denial or breach of such privileges which belongs to any person.

The committee therefore ask to be discharged from the further consideration of the premises.

March 17—The Senate considered the bill to incorporate the Metropolitan Railroad Company, in the District of Columbia, the pending question being an amendment, offered by Mr. Sumner, to add to the fourteenth section the words:

Provided, That there shall be no regulation excluding any person from any car on account of color.

Which was agreed to—yeas 19, nays 17, as follows:

Yeas—Messrs. Anthony, Brown, Clark, Conness, Fessenden, Foot, Foster, Grimes, Harlan, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkinson, Wilson—19.

Nays—Messrs. Buckalew, Carlile, Davis, Doolittle, Harding, Harris, Hendricks, Johnson, Lane of Indiana, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey—17.

The bill then passed the Senate.

June 19—The House refused to strike out the proviso last adopted in the Senate—yeas 60, nays 76.

And the bill passed the House and was approved by the President.

Second Session, Thirty-Seventh Congress.

Colored Persons as Witnesses.

In Senate—Pending the confiscation bill, June 28, 1862.

Mr. Sumner moved these words as an addition to the 14th section:

And in all the proceedings under this act there shall be no exclusion of any witness on account of color.

Which was rejected—yeas 14, nays 25, as follows:

Yeas--Messrs. Chandler, Grimes, Harlan, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wade, Wilkinson, Wilmot—14.

Nays—Messrs. Anthony, Browning, Carlile, Clark, Collamer, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Harris, Henderson, Lane of Indiana, Nesmith, Pearce, Powell, Sherman, Simmons, Stark, Ten Eyck, Willey, Wilson of Missouri, Wright—25.

162Pending the consideration of the supplement to the emancipation bill for the District of Columbia,

1862, July 7—Mr. Sumner moved a new section:

That in all the judicial proceedings in the District of Columbia there shall be no exclusion of any witness on account of color.

Which was adopted—yeas 25, nays 11.

The bill then passed—yeas 29, nays 6; (Messrs. Carlile, Davis, Kennedy, Powell, Wilson, of Missouri, Wright.)

July 9—The bill passed the House—yeas 69, nays 36. There was no separate vote on the above proposition.

Pending the consideration in the Senate of the House bill in relation to the competency of witnesses in trials of equity and admiralty,

1862, July 15—Mr. Sumner offered this proviso to the first section:

Provided, That there shall be no exclusion of any witness on account of color. Which was rejected—yeas 14, nays 23.

First Session, Thirty-Eighth Congress.

1864, June 25—Pending the civil appropriation bill, in Committee of the Whole, Mr. Sumner offered this proviso:

Provided, That in the courts of the United States there shall be no exclusion of any witness on account of color.

Mr. Buckalew moved to add:

Nor in civil actions because he is a party to or interested in the issue tried.

Which was agreed to; and the amendment as amended was agreed to—yeas 22, nays 16.

The Senate subsequently concurred in this amendment—yeas 29, nays 10.

IN HOUSE.

June 29—The question being on agreeing to the amendment,

Mr. Mallory moved to add this proviso to the section amended in the Senate:

Provided, That negro testimony shall only be taken in the United States courts in those States the laws of which authorize such testimony.

Which was rejected—yeas 47, nays 66.

The amendment of the Senate was then agreed to—yeas 67, nays 48.

COLORED SCHOOLS.

June 8.—The House passed a bill to provide for the public instruction of youth in Washington city, with an amendment providing for separate schools for the colored children, by setting apart such a proportion of the entire school fund as the number of colored children between the ages of six and seventeen bear to the whole number of children in the District. The bill, with amendments, passed both Houses without a division.

On all of these questions of color, the Democrats invariably, on test votes, were found against any concession of rights to the negro. These were frequently aided by some Republicans, more conservative than their colleagues, or representing closer districts where political prejudices would affect their return to their seats. It will be observed that on nearly all these questions Senator Charles Sumner took the lead. He was at that time pre-eminently the Moses of the colored man, and led him from one right to another through Senatorial difficulties, which by the way, were never as strong as that in the House, where Thaddeus Stevens was the boldest champion of “the rights of the black man.” In the field, rather in the direction of what should be done with the “contrabands” and escaped slaves, the Secretary of War, General Cameron, was their most radical friend, and his instructions were so outspoken that Lincoln had to modify them. As early as December 1, 1861, General Cameron wrote:

“While it is plain that the slave property of the South is justly subjected to all the consequences of this rebellious war, and that the Government would be untrue to its trust in not employing all the rights and powers of war to bring it to a speedy close, the details of the plan for doing so, like all other military measures, must, in a great degree, be left to be determined by particular exigencies. The disposition of other property belonging to the rebels that becomes subject to our arms is governed by the circumstances of the case. The Government has no power to hold slaves, none to restrain a slave of his liberty, or to exact his service. It has a right, however, to use the voluntary service of slaves liberated by war from their rebel masters, like any other property of the rebels, in whatever mode may be most efficient for the defence of the Government, the prosecution of the war, and the suppression of rebellion. It is clearly a right of the government to arm slaves when it may become necessary as it is to take gunpowder from the enemy. Whether it is expedient to do so is purely a military question. The right is unquestionable by the laws of war. The expediency must be determined by circumstances, keeping in view the great object of overcoming the rebels, re-establishing the laws, and restoring peace to the nation.

“It is vain and idle for the Government to carry on this war, or hope to maintain its existence against rebellious force, without enjoying all the rights and powers of war. As has been said, the right to deprive the rebels of their property in slaves and slave labor is as clear and absolute as the right to take forage from the field, or cotton from the warehouse, or powder and 163arms from the magazine. To leave the enemy in the possession of such property as forage and cotton and military stores, and the means of constantly reproducing them, would be madness. It is, therefore, equal madness to leave them in peaceful and secure possession of slave property, more valuable and efficient to them for war than forage, cotton and military stores. Such policy would be national suicide. What to do with that species of property is a question that time and circumstances will solve, and need not be anticipated further than to repeat that they cannot be held by the Government as slaves. It would be useless to keep them as prisoners of war; and self-preservation, the highest duty of a Government, or of individuals, demands that they should be disposed of or employed in the most effective manner that will tend most speedily to suppress the insurrection and restore the authority of the Government. If it shall be found that the men who have been held by the rebels as slaves are capable of bearing arms and performing efficient military service, it is the right, and may become the duty, of this Government to arm and equip them, and employ their services against the rebels, under proper military regulations, discipline and command.

“But in whatever manner they may be used by the Government, it is plain that, once liberated by the rebellious act of their masters, they should never again be restored to bondage. By the master’s treason and rebellion he forfeits all right to the labor and service of his slave; and the slave of the rebellious master, by his service to the Government, becomes justly entitled to freedom and protection.

“The disposition to be made of the slaves of rebels, after the close of the war, can be safely left to the wisdom and patriotism of Congress. The representatives of the people will unquestionably secure to the loyal slaveholders every right to which they are entitled under the Constitution of the country.”

[Subsequent events proved the wisdom of this policy, and it was eventually adopted by an Administration which proclaimed its policy “to move not ahead but with the people.”]

President Lincoln and his Cabinet modified the above language so as to make it read:

“It is already a grave question what shall be done with those slaves who were abandoned by their owners on the advance of our troops into southern territory, as at Beaufort district, in South Carolina. The number left within our control at that point is very considerable, and similar cases will probably occur. What shall be done with them? Can we afford to send them forward to their masters, to be by them armed against us, or used in producing supplies to sustain the rebellion? Their labor may be useful to us; withheld from the enemy it lessens his military resources, and withholding them has no tendency to induce the horrors of insurrection, even in the rebel communities. They constitute a military resource, and, being such, that they should not be turned over to the enemy is too plain to discuss. Why deprive him of supplies by a blockade, and voluntarily give him men to produce them?

“The disposition to be made of the slaves of rebels, after the close of the war, can be safely left to the wisdom and patriotism of Congress. The Representatives of the people will unquestionably secure to the loyal slaveholders every right to which they are entitled under the Constitution of the country.”

Secretary Cameron was at all times in favor of “carrying the war into Africa” and it was this stern view of the situation which eventually led him to sanction measures which brought him into plainer differences with the Administration. Lincoln took offense at the printing of his report before submitting it to him. As a result he resigned and went to Russia as Minister, on his return being again elected to the United States Senate—a place which he filled until the winter of 1877, when he resigned, and his son, J. Donald Cameron, was elected to the vacancy, and re-elected for the term ending in 1885. General B. F. Butler was the author of the “contraband” idea. A year later the views of the Administration became more radical on questions of color, and July 22, 1862, Secretary Stanton ordered all Generals in command “to seize and use any property, real or personal, which may be necessary or convenient for their several commands, for supplies, or for other military purposes; and that while property may be destroyed for proper military objects, none shall be destroyed in wantonness or malice.

“Second. That military and naval commanders shall employ as laborers, within and from said States, so many persons of African descent as can be advantageously used for military or naval purposes, giving them reasonable wages for their labor.

“Third. That, as to both property, and persons of African descent, accounts shall be kept sufficiently accurate and in detail to show quantities and amounts, and from whom both property and such persons shall have come, as a basis upon which compensation can be made in proper cases; and the several departments of this Government shall attend to and perform their appropriate parts towards the execution of these orders.”

The manner and language employed by General McClellan in promulgating this 164order to the Army of the Potomac, led to his political differences with the Administration, and in the end caused him to be the Democratic candidate for President in 1864, against Lincoln. His language is peculiar and some of it worthy of presentation as of political importance. He said:

“Inhabitants, especially women and children, remaining peaceably at their homes, must not be molested; and wherever commanding officers find families peculiarly exposed in their persons or property to marauding from this army, they will, as heretofore, so far as they can do with safety and without detriment to the service, post guards for their protection.

“In protecting private property, no reference is intended to persons held to service or labor by reason of African descent. Such persons will be regarded by this army, as they heretofore have been, as occupying simply a peculiar legal status under State laws, which condition the military authorities of the United States are not required to regard at all in districts where military operations are made necessary by the rebellious action of the State governments.

“Persons subject to suspicion of hostile purposes, residing or being near our forces, will be, as heretofore, subject to arrest and detention, until the cause or necessity is removed. All such arrested parties will be sent, as usual, to the Provost Marshal General, with a statement of the facts in each case.

“The general commanding takes this occasion to remind the officers and soldiers of this army that we are engaged in supporting the Constitution and the laws of the United States and suppressing rebellion against their authority; that we are not engaged in a war of rapine, revenge, or subjugation; that this is not a contest against populations, but against armed forces and political organizations; that it is a struggle carried on with the United States, and should be conducted by us upon the highest principles known to Christian civilization.”

At this time such were the prejudices of Union soldiers against negroes, because of growing political agitation in the North, that many would loudly jeer them when seen within the lines. The feeling was even greater in the ranks of civilians, and yet Congress moved along, step by step. The 37th abolished slavery in the District of Columbia; prohibited it in all the territories; confirmed the freedom of the slaves owned by those in arms against the government; authorized the employment of colored men in fortifications, their enlistment, etc.; and enacted an additional article of war, which prohibited any officer from returning or aiding the return of any fugitive slave. These were rapid strides, but not as rapid as were demanded by the more radical wing of the Republican party. We have shown that most of them were opposed by the Democrats, not solidly sure where they were plainly political, but this party became less solid as the war advanced.

Senator Wilson was the author of the bill to abolish slavery in the District of Columbia. It excited much debate, and the range of the speeches covered the entire question of slavery. Those from the Border States opposed it (a few Republicans and all Democrats) but some of the Democrats of the North supported it. The vote in the Senate was 29 for to 6 against. In the House Frank P. Blair, Jr., advocated colonization in connection with the bill, but his idea met with little favor. Crittenden, Wickliffe and Vallandigham were prominent in opposition. Its most prominent advocates were Stevens of Pennsylvania, and Bingham of Ohio. The vote was 92 for to 38 against.

The bill of Arnold, of Illinois, “to render freedom national and slavery sectional,” the leading idea in the platform of the convention which nominated Lincoln, prohibited slavery in “all the Territories of the United States then existing, or thereafter to be formed or acquired in any way.” It was vehemently opposed, but passed with some modifications by 58 ayes to 50 noes, and it also passed the Senate.

In the Spring of 1862 General David Hunter brought the question of the enlistment of colored troops to a direct issue by raising a regiment of them. On the 9th of June following, Mr. Wickliffe of Kentucky, succeeded in getting the House to adopt a resolution of inquiry. Correspondence followed with General Hunter. He confessed the fact, stated that “he found his authority in the instructions of Secretary Cameron, and said that he hoped by fall to enroll about fifty thousand of these hardy and devoted soldiers.” When this reply was read in the House it was greeted with shouts of laughter from the Republicans, and signs of anger from the others. A great debate followed on the amendment to the bill providing for the calling out of the militia, clothing the President with full power to enlist colored troops, and to proclaim “he, his mother, and wife and children forever free,” after such enlistment. Preston King, of New York, was the author of this amendment. Davis, of Kentucky, and Carlisle of West Virginia, were prominent Senators in opposition; while Ten Eyck, of New Jersey, Sherman of Ohio, and Browning of Illinois sought to modify it. Garrett Davis said in opposition:

“Do you expect us to give our sanction and approval to these things? No, no! We would regard their authors as our worst enemies; and there is no foreign despotism 165that could come to our rescue, that we would not fondly embrace, before we would submit to any such condition of things.”

Senator Fessenden of Maine, in advocacy of the amendment, said:

“I tell the President from my place here as a Senator, and I tell the generals of our army, they must reverse their practices and course of proceeding on this subject. * * * Treat your enemies as enemies, as the worst of enemies, and avail yourselves like men of every power which God has placed in your hands, to accomplish your purpose, within the rules of civilized warfare.”

The bill passed, so modified, as to give freedom to all who should perform military service, but restricting liberty to the families of such only as belonged to rebel masters. It passed the House July 16th, 1862, and received the sanction of the President, who said:—“And the promise made must be kept!” General Hunter for his part in beginning colored enlistments, was outlawed by the Confederate Congress. Hunter followed with an order freeing the slaves in South Carolina.

In January, 1863, pursuant to a suggestion in the annual report of Secretary Stanton, who was by this time as radical as his predecessor in office, the House passed a bill authorizing the President to enroll into the land and naval service such number of volunteers of African descent as he might deem useful to suppress the rebellion, and for such term as he might prescribe, not exceeding five years. The slaves of loyal citizens in the Border States were excluded from the provisions of this bill. In the Senate an adverse report was made on the ground that the resident already possessed these powers.

In January, 1863, Senator Wilson, who was by this time chairman of the Military Committee of the Senate, secured the passage of a bill which authorized a draft for the National forces from the ranks of all male citizens, and those of foreign birth who had declared their intentions, etc. The bill contained the usual exemptions.

CONFEDERATE USE OF COLORED MEN.

In June, 1861, the rebel Legislature of Tennessee passed this enlistment bill, which became a law:

Sec. 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act the Governor shall be, and he is hereby, authorized, at his discretion, to receive into the military service of the State all male free persons of color between the ages of fifteen and fifty, or such numbers as may be necessary, who may be sound in mind and body, and capable of actual service.

2. That such free persons of color shall receive, each, eight dollars per month, as pay, and such persons shall be entitled to draw, each, one ration per day, and shall be entitled to a yearly allowance each for clothing.

3. That, in order to carry out the provisions of this act, it shall be the duty of the sheriffs of the several counties in this State to collect accurate information as to the number and condition, with the names of free persons of color, subject to the provisions of this act, and shall, as it is practicable, report the same in writing to the Governor.

4. That a failure or refusal of the sheriffs, or any one or more of them, to perform the duties required, shall be deemed an offence, and on conviction thereof shall be punished as a misdemeanor.

5. That in the event a sufficient number of free persons of color to meet the wants of the State shall not tender their services, the Governor is empowered, through the sheriffs of the different counties, to press such persons until the requisite number is obtained.

6. That when any mess of volunteers shall keep a servant to wait on the members of the mess, each servant shall be allowed one ration.

This act to take effect from and after its passage.

W. C. Whitthorne,

Speaker of the House of Representatives.

B. L. Stovall,

Speaker of the Senate.

Passed June 28, 1861.

1862, November 2—Governor Joseph E. Brown, of Georgia, issued a call announcing that if a sufficient supply of negroes be not tendered within ten days, General Mercer will, in pursuance of authority given him, proceed to impress, and asking of every planter of Georgia a tender of one fifth of his negroes to complete the fortifications around Savannah. This one-fifth is estimated at 15,000.

1863. The Governor of South Carolina in July, issued a proclamation for 3,000 negroes to work on the fortifications, “the need for them being pressing.”

THE CHANGING SENTIMENT OF CONGRESS.

In the Rebel House of Representatives, December 29th, Mr. Dargan, of Alabama, introduced a bill to receive into the military service all that portion of population in Alabama, Mississippi, Louisiana, and Florida, known as “Creoles.”

Mr. Dargan supported the bill in some remarks. He said the Creoles were a mixed-blooded race. Under the treaty of Paris in 1803, and the treaty of Spain in 1810, they were recognized as freemen. 166Many of them owned large estates, and were intelligent men. They were as much devoted to our cause as any class of men in the South, and were even anxious to go into service. They had applied to him to be received into service, and he had applied to Mr. Randolph, then Secretary of War. Mr. Randolph decided against the application, on the ground that it might furnish to the enemy a pretext of arming our slaves against us. Some time after this he was again applied to by them, and he went to the present Secretary of War, Mr. Seddon, and laid the matter before him. Mr. Seddon refused to entertain the proposition, on the ground that it did not come up before him through the military authorities. To obviate this objection, Gen. Maury, at Mobile, soon afterwards represented their wishes to the War Department. Mr. Seddon refused the offer of their services, on the ground that it would be incompatible with the position we occupied before the world; that it could not be done.

Mr. Dargan said he differed with the Secretary of War. He cared not for “the world.” He cared no more for their opinions than they did for ours. He was anxious to bring into service every free man, be he who he may, willing to strike for our cause. He saw no objection to employing Creoles; they would form a potent element in our army. In his district alone a brigade of them could be raised. The crisis had been brought upon us by the enemy, and he believed the time would yet come when the question would not be the Union or no Union, but whether Southern men should be permitted to live at all. In resisting subjugation by such a barbarous foe he was for employing all our available force. He would go further and say that he was for arming and putting the slaves into military service. He was in favor even of employing them as a military arm in the defence of the country.

1864. The Mayor of Charleston, Charles Macbeth, summons all slaveholders within the city to furnish to the military authorities forthwith, one-fourth of all their male slaves between the ages of fifteen and fifty, to labor upon the fortifications. The penalty announced, in case of failure to comply with this requisition is a fine of $200 for every slave not forthcoming. Compensation is allowed at the rate of $400 a year.

All free male persons of color between the ages of fifteen and fifty are required to give themselves up for the same purpose. Those not complying will be imprisoned, and set to work upon the fortifications along the coast. To free negroes no other compensation than rations is allowed.

NEGROES IN THE ARMY.

The Richmond press publish the official copy of “An act to increase the efficiency of the army by the employment of free negroes and slaves in certain capacities,” lately passed by the Rebel Congress. The negroes are to perform “such duties as the Secretary of War or Commanding General may prescribe.” The first section is as follows:

The Congress of the Confederate States of America do enact, That all male free negroes, and other free persons of color, not including those who are free under the treaty of Paris, of 1803, or under the treaty of Spain, of 1819, resident in the Confederate States, between the ages of eighteen and fifty years, shall be held liable to perform such duties with the army, or in connection with the military defences of the country, in the way of work upon the fortifications, or in government works for the production or preparation of materials of war, or in military hospitals, as the Secretary of War or the Commanding General of the Trans-Mississippi Department may, from time to time, prescribe; and while engaged in the performances of such duties shall receive rations and clothing and compensation at the rate of eleven dollars a month, under such rules and regulations as the said Secretary may establish: Provided, That the Secretary of War or the Commanding General of the Trans-Mississippi Department, with the approval of the President, may exempt from the operations of this act such free negroes as the interests of the country may require should be exempted, or such as he may think proper to exempt on the ground of justice, equity or necessity.

The third section provides that when the Secretary of War shall be unable to procure the services of slaves in any military department, then he is authorized to impress the services of as many male slaves, not to exceed twenty thousand, as may be required, from time to time, to discharge the duties indicated in the first section of the act.

The owner of the slave is to be paid for his services; or, if he be killed or “escape to the enemy,” the owner shall receive his full value.

Governor Smith, of Virginia, has made a call for five thousand male slaves to work on the batteries, to be drawn from fifty counties. The call for this force has been made by the President under a resolution of Congress.

“CONFEDERATE” LEGISLATION UPON NEGRO PRISONERS AND THEIR WHITE OFFICERS WHEN CAPTURED.^[27]

1863, May 1—An act was approved declaring that the commissioned officers of 167the enemy ought not to be delivered to the authorities of the respective States, (as suggested in Davis’s message;) but all captives taken by the Confederate forces ought to be dealt with and disposed of by the Confederate Government.

President Lincoln’s emancipation proclamations of September 22, 1862, and January 1, 1863, were resolved to be inconsistent with the usages of war among civilized nations, and should be repressed by retaliation; and the President is authorized to cause full and complete retaliation for every such violation, in such manner and to such extent as he may think proper.

Every white commissioned officer commanding negroes or mulattoes in arms against the Confederate States shall be deemed as inciting servile insurrection, and shall, if captured, be put to death, or be otherwise punished, at the discretion of the court.

Every person charged with an offence made punishable under the act shall be tried by the military court of the army or corps of troops capturing him; and, after conviction, the President may commute the punishment in such manner and on such terms as he may deem proper.

All negroes and mulattoes who shall be engaged in war or taken in arms against the Confederate States, or shall give aid or comfort to the enemies of the Confederate States, shall, when captured in the Confederate States, be delivered to the authorities of the State or States in which they shall be captured, to be dealt with according to the present or future laws of such State or States.

Passage of the Thirteenth Amendment.

The first amendment to the Constitution growing out of the war, and one of its direct results, was that of abolishing slavery. It was first introduced to the House December 14th, 1863, by James M. Ashley of Ohio. Similar measures were introduced by James M. Wilson, Senators Henderson, Sumner and others. On the 10th of February, Senator Trumbull reported Henderson’s joint resolution amended as follows:

“That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid to all intents and purposes as a part of the said Constitution, namely:

“Art. 13, Sec. 1. Neither slavery nor involuntary servitude except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

“Sec. 2. Congress shall have power to enforce this article by appropriate legislation.”

The Senate began the consideration of the question March 28th, Senator Trumbull opening the debate in favor of the amendment. He predicted that within a year the necessary number of States would ratify it. Wilson of Massachusetts made a long and able speech in favor. Davis of Kentucky and Saulsbury of Delaware led the opposition, but Reverdy Johnson, an independent Democratic Senator from Maryland, surprised all by his bold support of the measure. Among other things he said:

“I think history will bear me out in the statement, that if the men by whom that Constitution was framed, and the people by whom it was adopted, had anticipated the times in which we live, they would have provided by constitutional enactment, that that evil and that sin should in some comparatively unremote day be removed. Without recurring to authority, the writings public or private of the men of that day, it is sufficient for my purpose to state what the facts will justify me in saying, that every man of them who largely participated in the deliberations of the Convention by which the Constitution was adopted, earnestly desired, not only upon grounds of political economy, not only upon reasons material in their character, but upon grounds of morality and religion, that sooner or later the institution should terminate.”

Senator McDougall of California, opposed the amendment. Harlan of Iowa, Hale of New Hampshire, and Sumner, made characteristic speeches in favor. Saulsbury advocated the divine right of slavery. It passed April 8th, by 38 ayes to 6 noes, the latter comprising Davis and Powell of Kentucky; McDougall of California; Hendricks of Indiana; Saulsbury and Riddle of Delaware.

Arnold of Illinois, was the first to secure the adoption in the House (Feb. 15, 1864,) of a resolution to abolish slavery; but the Constitutional amendment required a two-thirds vote, and this it was difficult to obtain, though all the power of the Administration was bent to that purpose. The discussion began May 31st; the vote was reached June 15th, but it then failed of the required two-thirds—93 for to 65 against, 23 not voting. Its more pronounced advocates were Arnold, Ashley, 168Broomall, Stevens, and Kelly of Pennsylvania; Farnsworth and Ingersoll of Illinois, and many others. Its ablest opponents were Holman, Wood, Mallory, Cox and Pendleton—the latter rallying nearly all of the Democrats against it. Its Democratic friends were McAllister and Bailey of Pennsylvania; Cobb of Wisconsin; Griswold and Odell of New York. Before the vote was announced Ashley changed his vote so as to move a reconsideration and keep control of the question. At the next session it was passed, receiving every Republican and 16 Democratic votes, 8 Democrats purposely refraining, so that it would surely pass.

Admission of Representatives from Louisiana.

The capture of New Orleans by Admiral Farragut, led to the enrollment of 60,000 citizens of Louisiana as citizens of the United States. The President thereupon appointed a Military Governor for the entire State, and this Governor ordered an election for members of Congress under the old State constitution. This was held Dec. 3, 1862, when Messrs. Flanders and Hahn were returned, neither receiving 3,000 votes. They received certificates, presented them, and thus opened up a new and grave political question. The Democrats opposed their admission on grounds so well stated by Voorhees of Indiana, that we quote them:

“Understand this principle. If the Southern Confederacy is a foreign power, an independent nationality to-day, and you have conquered back the territory of Louisiana, you may then substitute a new system of laws in the place of the laws of that State. You may then supplant her civil institutions by institutions made anew for her by the proper authority of this Government—not by the executive—but by the legislative branch of the Government, assisted by the Executive simply to the extent of signing his name to the bills of legislation. If the Chairman of the Committee of Ways and Means, (Mr. Stevens) is correct; if the gentleman from Kansas (Mr. Conway) is correct, and this assumed power in the South is a power of the earth, and stands to-day upon equal terms of nationality with ourselves, and reconquer back State by State its territory by the power of arms, then we may govern them independently of their local laws. But if the theory we have been proceeding upon here, that this Union is unbroken; that no States have sundered the bonds that bind us together; that no successful disunion has yet taken place,—if that theory is still to prevail in these halls, then this cannot be done. You are as much bound to uphold the laws of Louisiana in all their extent and in all their parts, as you are to uphold the laws of Pennsylvania or New York, or any other State whose civil policy has not been disturbed.”

Michael Hahn, one of the Representatives elect, closed a very effective speech, which secured the personal good will of the House in favor of his admission, in these words:

“And even, sir, within the limits of the dreary and desolated region of the rebellion itself, despair, which has already taken hold of the people, will gain additional power and strength, at the reception of the news that Louisiana sends a message of peace, good will, and hearty fellowship to the Union. This intelligence will sound more joyful to patriot ears than all the oft repeated tidings of ‘Union victories.’ And of all victories, this will be the most glorious, useful and solid, for it speaks of reorganization, soon to become the great and difficult problem with which our statesmen will have to familiarize themselves, and when this shall have commenced, we will be able to realize that God, in his infinite mercy has looked down upon our misfortunes, and in a spirit of paternal love and pity, has addressed us in the language ascribed to him by our own gifted Longfellow:

“I am weary of your quarrels,

Weary of your ware and bloodshed,

Weary of your prayers for vengeance,

Of your wranglings and dissensions;

All your strength is in your Union,

All your danger is in discord,

Therefore, be at peace, henceforward,

And as brothers live together.”

“Mr. Speaker, Louisiana—ever loyal, honorable Louisiana—seeks no greater blessing in the future, than to remain a part of this great and glorious Union. She has stood by you in the darkest hours of the rebellion; and she intends to stand by you. Sir, raise your eyes to the gorgeous ceilings which ornament this Hall, and look upon her fair and lovely escutcheon. Carefully read the patriotic words which surround her affectionate pelican family, and you will find there inscribed, ‘Justice, Union, Confidence.’ Those words have with us no idle meaning; and would to God that other members of this Union, could properly appreciate our motto, our motives and our position!”

The debate attracted much attention, because of the novelty of a question upon which, it has since been contended, would have turned a different plan of reconstructing the rebellious States if the President’s plans had not been destroyed by his assassination. Dawes, of Massachusetts, was the Chairman of the Committee on Elections, and he closed the debate in favor of admission. The vote stood 92 for to 44 against, almost a strict party test, the Democrats voting no.

169

RECONSTRUCTION.

In the House as early as Dec. 15, 1863, Henry Winter Davis moved that so much of the President’s message as relates to the duty of the United States to guaranty a Republican form of government to the States in which the governments recognized by the United States have been abrogated or overthrown, be referred to a select committee of nine to report the bills necessary and proper for carrying into execution the foregoing guarantee, was passed, and on May 4th, 1864, the House adopted the first reconstruction bill by 74 yeas to 66 nays—a strict party vote.^[28] The Senate passed it by yeas 18, nays 14—Doolittle, Henderson, Lane of Indiana, Ten Eyck, Trumbull, and Van Winkle voting with the Democrats against it.

The bill authorizes the President to appoint in each of the States declared in rebellion, a Provisional Governor, with the pay and emoluments of a brigadier; to be charged with the civil administration until a State government therein shall be recognized. As soon as the military resistance to the United States shall have been suppressed, and the people sufficiently returned to their obedience to the Constitution and laws, the Governor shall direct the marshal of the United States to enroll all the white male citizens of the United States, resident in the State in their respective counties, and whenever a majority of them take the oath of allegiance, the loyal people of the State shall be entitled to elect delegates to a convention to act upon the re-establishment of a State government—the proclamation to contain details prescribed. Qualified voters in the army may vote in their camps. No person who has held or exercised any civil, military, State, or Confederate office, under the rebel occupation, and who has voluntarily borne arms against the United States, shall vote or be eligible as a delegate. The convention is required to insert in the constitution provisions—

1st. No person who has held or exercised any civil or military office, (except offices merely ministerial and military offices below a colonel,) State or Confederate, under the usurping power, shall vote for, or be a member of the legislature or governor.

2d. Involuntary servitude is forever prohibited, and the freedom of all persons is guarantied in said State.

3d. No debt, State or Confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the State.

Upon the adoption of the constitution by the convention, and its ratification by the electors of the State, the Provisional Governor shall so certify to the President, who, after obtaining the assent of Congress, shall, by proclamation, recognize the government as established, and none other, as the constitutional government of the State; and from the date of such recognition, and not before, Senators and Representatives and electors for President and Vice-President may be elected in such State. Until reorganization the Provisional Governor shall enforce the laws of the Union and of the State before the rebellion.

The remaining sections are as follows:

Sec. 12. That all persons held to involuntary servitude or labor in the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them.

Sec. 13. That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than $1,500, and be imprisoned not less than five, nor more than twenty years.

Sec. 14. That every person who shall hereafter hold or exercise any office, civil or military, except offices merely ministerial and military offices below the grade of colonel, in the rebel service, State or Confederate, is hereby declared not to be a citizen of the United States.

Lincoln’s Proclamation on Reconstruction

President Lincoln failed to sign the above bill because it reached him less than one hour before final adjournment, and thereupon issued a proclamation which closed as follows:

“Now, therefore, I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known, that, while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared, by a formal approval of this bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare that the free State constitutions and governments already adopted and installed in Arkansas and Louisiana shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same as to further effort, or to declare a constitutional competency in Congress to abolish slavery in States, but am at the same time sincerely hoping and 170expecting that a constitutional amendment abolishing slavery throughout the nation may be adopted, nevertheless I am fully satisfied with the system for restoration contained in the bill as one very proper plan for the loyal people of any State choosing to adopt it, and that I am, and at all times shall be, prepared to give the Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and laws of the United States, in which cases Military Governors will be appointed, with directions to proceed according to the bill.”

Admission of Arkansas.

On the 10th of June, 1864, introduced a joint resolution for the recognition of the free State government of Arkansas. A new State government had then been organized, with Isaac Murphy, Governor, who was reported to have received nearly 16,000 votes at a called election. The other State officers are:

Lieutenant-Governor, C. C. Bliss; Secretary of State, R. J. T. White; Auditor, J. B. Berry; Treasurer, E. D. Ayers; Attorney General, C. T. Jordan; Judges of the Supreme Court, T. D. W. Yowley, C. A. Harper, E. Baker.

The Legislature also elected Senators, but neither Senators nor Representatives obtained their seats. Trumbull, from the Senate Judiciary Committee, made a long report touching the admission of the Senators, which closed as follows:

“When the rebellion in Arkansas shall have been so far suppressed that the loyal inhabitants thereof shall be free to re-establish their State government upon a republican foundation, or to recognize the one already set up, and by the aid and not in subordination to the military to maintain the same, they will then, and not before, in the opinion of your committee, be entitled to a representation in Congress, and to participate in the administration of the Federal Government. Believing that such a state of things did not at the time the claimants were elected, and does not now, exist in the State of Arkansas, the committee recommend for adoption the following resolution:

“Resolved, That William M. Fishback and Elisha Baxter are not entitled to seats as Senators from the State of Arkansas.”

1864, June 29—The resolution of the Committee on the Judiciary was adopted—yeas 27, nays 6.

President Lincoln was known to favor the immediate admission of Arkansas and Louisiana, but the refusal of the Senate to admit the Arkansas Senators raised an issue which partially divided the Republicans in both Houses, some of whom favored forcible reconstruction through the aid of Military Governors and the machinery of new State governments, while others opposed. The views of those opposed to the President’s policy are well stated in a paper signed by Benjamin F. Wade and Henry Winter Davis, published in the New York Tribune, August 5th, 1864. From this we take the more pithy extracts:

The President, by preventing this bill from becoming a law, holds the electoral votes of the rebel States at the dictation of his personal ambition.

If those votes turn the balance in his favor, is it to be supposed that his competitor, defeated by such means, will acquiesce?

If the rebel majority assert their supremacy in those States, and send votes which elect an enemy of the Government, will we not repel his claims?

And is not civil war for the Presidency inaugurated by the votes of rebel States?

Seriously impressed with these dangers, Congress, “the proper constitutional authority,” formally declared that there are no State governments in the rebel States, and provided for their erection at a proper time; and both the Senate and the House of Representatives rejected the Senators and Representatives chosen under the authority of what the President calls the free constitution and government of Arkansas.

The President’s proclamation “holds for naught” this judgment, and discards the authority of the Supreme Court, and strides headlong toward the anarchy his proclamation of the 8th of December inaugurated.

If electors for President be allowed to be chosen in either of those States, a sinister light will be cast on the motives which induced the President to “hold for naught” the will of Congress rather than his government in Louisiana and Arkansas.

That judgment of Congress which the President defies was the exercise of an authority exclusively vested in Congress by the Constitution to determine what is the established government in a State, and in its own nature and by the highest judicial authority binding on all other departments of the Government. * * *

A more studied outrage on the legislative authority of the people has never been perpetrated.

Congress passed a bill; the President refused to approve it, and then by proclamation puts as much of it in force as he sees fit, and proposes to execute those parts by officers unknown to the laws of the United States and not subject to the confirmation of the Senate!

171The bill directed the appointment of Provisional Governors by and with the advice and consent of the Senate.

The President, after defeating the law, proposes to appoint without law, and without the advice and consent of the Senate, Military Governors for the rebel States!

He has already exercised this dictatorial usurpation in Louisiana, and he defeated the bill to prevent its limitation. * * *

The President has greatly presumed on the forbearance which the supporters of his Administration have so long practiced, in view of the arduous conflict in which we are engaged, and the reckless ferocity of our political opponents.

But he must understand that our support is of a cause and not of a man; that the authority of Congress is paramount and must be respected; that the whole body of the Union men of Congress will not submit to be impeached by him of rash and unconstitutional legislation; and if he wishes our support, he must confine himself to his executive duties—to obey and execute, not make the laws—to suppress by arms armed rebellion, and leave political reorganization to Congress.

If the supporters of the Government fail to insist on this, they become responsible for the usurpations which they fail to rebuke, and are justly liable to the indignation of the people whose rights and security, committed to their keeping, they sacrifice.

Let them consider the remedy for these usurpations, and, having found it, fearlessly execute it.

The question, as presented in 1864, now passed temporarily from public consideration because of greater interest in the closing events of the war and the Presidential succession. The passage of the 14th or anti-slavery amendment by the States also intervened. This was officially announced on the 18th of December 1865, by Mr. Seward, 27 of the then 36 States having ratified, as follows: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia.

TEXT OF THE RECONSTRUCTION MEASURES. 14th Constitutional Amendment.

Joint Resolution proposing an Amendment to the Constitution of the United States.

Be it resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, (two-thirds of both houses concurring,) That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, namely:

[Here follows the 14th amendment. See Book IV.]

Reconstruction Act of Thirty-Ninth Congress.

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 exists 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, &c., 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. 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. 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 color of State authority with the exercise of military authority under this act shall be null and void.

Sec. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual 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 172the 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. 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 oaths 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. That until the people of said rebel States shall be by law admitted to representation in the Congress of the United States, any civil governments 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 provisions of 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.

Passed March 2, 1867.

Supplemental Reconstruction Act of Fortieth Congress.

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, &c., 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 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 maybe administered by any registering officer.

173Sec. 2. 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 to each representation in the ratio of voters or 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 appointed as aforesaid.

Sec. 3. 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 ballots the words “Against a convention.” The person 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. 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, 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, 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. 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.