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PUBLIC ACTS OF THE FORTIETH CONGRESS

OF THE

UNITED

STATES,

Passed at the First Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the fourth day of March, A. D. 1867; was adjourned on Saturday, the thirtieth day of March, A. D. 1867, to meet on Wednesday, the third day of July, A. D. 1867; met on the said third day of July, and continued in session until Saturday, the twentieth day of said July, on which day it adjourned to meet on Thursday, the twenty-first day of November, A. D. 1867; met on the said twenty-first day of November, and ended the second day of December, A. D. 1867.

ANDREW JOHNSON, President. BENJAMIN F. WADE, President of the Senate. SCHUYLER COLFAX, Speaker of the House of Representatives.

CHAP. I. — An Act to amend an Act entitled "An Act to amend an Act entitled 'An Act to incorporate a National Military and Naval Asylum for the Relief of the totally disabled Officers and Men of the Volunteer Forces of the United States,' approved March twenty-one, eighteen hundred and sixty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section third of the act to incorporate a national asylum for disabled officers and men of the volunteer forces of the United States, approved March twenty-first, eighteen hundred and sixty-six, be amended by striking out the words "not members of Congress." APPROVED, March 12, 1867.

March 12, 1867. 1866, ch. 21, § 3. Vol. xiv. p. 10.

CHAP. II. — An ̧Act making Appropriations for the Expenses of Commissioners sent by March 14, 1867. the President to the Indian Country.

Members of

elected mana

Congress may be gers of the National Asylum

for Disabled Volunteer Soldiers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twenty thou- Appropriation sand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to pay the expenses of commissioners sent by the President to the Indian country.

for commissioners to the Indian country.

APPROVED, March 14, 1867.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "A resolution to provide for the removal of the wreck of the steamship Scotland," approved January twenty-ninth, eighteen hundred and sixty-seven, be, and the same is hereby, repealed.

APPROVED, March 16, 1867.

CHAP. III. - An Act to repeal a Joint Resolution entitled "A Resolution to provide for March 16, 1867. the Removal of the Wreck of the Steamship Scotland," approved January twenty-ninth, Vol. xiv. p. 564. eighteen hundred and sixty-seven.

See post, p. 249.

Resolution for the removal of

the wreck of the steamship Scot

land from the entrance to New York harbor repealed.

CHAP. IV. An Act to clothe the maimed and destitute Soldiers.

March 22, 1867.

to furnish

Be it enacted by the Senate and House of Representatives of the United Secretary of States of America in Congress assembled, That the Secretary of War be, one complete and is hereby, authorized and required to furnish one complete suit of suit of clothing clothing to each invalid soldier who is an inmate of any regularly consti- soldier, an intuted "Soldiers' Home" in the United States, out of the stock on hand mate of any in the quartermaster's department.

to each invalid

regularly constituted "Soldiers' Home."

VOL. XV. PUB.-1

Clothing, how SEC. 2. And be it further enacted, That such clothing shall be deto be delivered. livered to the managers of such institutions upon their requisition therefor, accompanied with such certificates as to numbers and condition as the Secretary of War may prescribe.

APPROVED, March 22, 1867.

March 22, 1867.

CHAP. V. - An Act in Relation to a certain Tract of Land in Burlington, Iowa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a certain ordinance adopted by the city council of the city of Burlington, in the State of Iowa, of date of December tenth, anno Domini eighteen hundred and sixty-six, entitled "An ordinance devoting Market Square to certain public purposes, and providing for the location of certain railroad tracks upon certain streets, and for other purposes," is hereby ratified, approved, and made legal and valid, so far as relates to said public square; and that said ordiInterest of the nance shall operate to convey to the Burlington and Missouri River Railroad Company all right and interest of the United States in the premiSquare, Burling- ses known as Market Square, in the said city of Burlington, upon the ton, conveyed to terms and conditions and for the purposes and uses therein designated, the Burlington and Missouri and shall have the same force, operation, and effect as if the fee-simple title to said Market Square and streets were owned by said city at the date of said ordinance.

United States in Market

River R. R. Co.

APPROVED, March 22, 1867.

An ordinance adopted by the city council of Burlington, Iowa, made le

gal.

March 23, 1867. 1867, ch. 153. Vol. xiv. p. 428. Post, pp. 14, 29, 30, 41, 72, 73. Registration certain male citi

to be made of

zens of each

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled "An act to provide for the more military district efficient government of the rebel States," passed March second, eighteen before Septem- hundred and sixty-seven, shall cause a registration to be made of the

ber 1,

to include resi- male citizens of the United States, twenty-one years of age and upwards, dents of twenty-resident in each county or parish in the State or States included in his

one years of age,
and upwards,
qualified to vote
for delegates,
and who have

taken the oath.

Form of the oath.

Post, p. 15.

CHAP. VI.- 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.

Who to a lminister the oath

district, which registration shall include only those persons who are quali-
fied to vote for delegates by the act aforesaid, and who shall have taken
and subscribed the following oath or affirmation: "I, —, do solemn-
ly swear (or affirm), in the presence of Almighty God, that I am a citi-
zen 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 execu-
tive or judicial office in any State and afterwards engaged in insurrection
or rebellion against the United States, or given aid or comfort to the ene-
mies 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 mem-
ber of any State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, and afterwards
engaged in insurrection or rebellion against the United States, or given
aid or comfort to the enemies thereof; that I will faithfully support the
Constitution and obey the laws of the United States, and will, to the best
of my ability, encourage others so to do, so help me God"; which oath
or affirmation may be administered by any registering officer.

SEC. 2. And be it further enacted, That after the completion of the

the time and

to a convention

The conven

of what num

ber in Virginia,

registration hereby provided for in any State, at such time and places. After completion of registratherein as the commanding general shall appoint and direct, of which at tion, and upon least thirty days' public notice shall be given, an election shall be held of at least thirty delegates to a convention for the purpose of establishing a constitution days' notice of and civil government for such State loyal to the Union, said convention in places therefor, each State, except Virginia, to consist of the same number of members an election to be as the most numerous branch of the State legislature of such State in the held of delegates year eighteen hundred and sixty, to be apportioned among the several to establish a districts, counties, or parishes of such State by the commanding general, constitution. giving to each representation in the ratio of voters registered as aforesaid tion to consist of as nearly as may be. The convention in Virginia shall consist of the what number of same number of members as represented the territory now constituting tain States, and Virginia in the most numerous branch of the legislature of said State in how appor the year eighteen hundred and sixty, to be apportioned as aforesaid. tioned; SEC. 3. And be it further enacted, That at said election the registered voters of each State shall vote for or against a convention to form a con stitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote tion, a vote to for delegates, as aforesaid, the words "For a convention," and those voting be taken for or against such a convention shall have written or printed on such ballots against a conthe words "Against a convention." The persons appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on Convention s be held if a mathat question shall be for a convention, then such convention shall be held jority of the as hereinafter provided; but if a majority of said votes shall be against votes cast are for a convention, then no such convention shall be held under this act: Pro- a convention; vided, 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.

and how appor tioned.

At the elec

vention.
Who to count

and return the

votes.

but not unless

voters vote on

election and

a majority of all the registered the question. SEC. 4. And be it further enacted, That the commanding general of Commanding each district shall appoint as many boards of registration as may be ne- general to appoint boards of cessary, consisting of three loyal officers or persons, to make and com- registration to plete the registration, superintend the election, and make return to him superintend the of the votes, list of voters, and of the persons elected as delegates by a make returns to plurality of the votes cast at said election; and upon receiving said re- him; turns he shall open the same, ascertain the persons elected as delegates, to ascertain and proclaim the according to the returns of the officers who conducted said election, and persons elected make proclamation thereof; and if a majority of the votes given on that as delegates; question shall be for a convention, the commanding general, within sixty to notify delegates to assemdays from the date of election, shall notify the delegates to assemble in ble, if a majority convention, at a time and place to be mentioned in the notification, and of the votes are said convention, when organized, shall proceed to frame a constitution for a convention. and civil government according to the provisions of this act, and the act meet and frame 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.

Convention to

a constitution which shall be

for ratification.

submitted to the registered voters Election therefor how to be notified and when to be held, &c.

See Post, p. 15. If constitution is ratified by a

SEC. 5. And be it further enacted, That if, according to said returns, the constitution shall be ratified by a majority of the votes of the regis- majority of the tered electors qualified as herein specified, cast at said election, at least votes cast, half one half of all the registered voters voting upon the question of such rat- voting, a copy ification, the president of the convention shall transmit a copy of the thereof to be

of the voters

See post, p. 41.

stitution if, &c.

sent to the Presi- same, duly certified, to the President of the United States, who shall dent, who shall forthwith transmit the same to Congress, if then in session, and if not in transmit the same to Con- session, then immediately upon its next assembling; and if it shall moregress. over appear to Congress that the election was one at which all the regisCongress to approve the con- tered 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.

and to declare the State enti

tled to representation, &c.

All the elections to be by ballot.

Officers making the registra oath prescribed

tion to take the

by the act of 1862, ch. 128.

Vol. xii. p. 502.

Knowingly and falsely swearing in taking the oath to be perjury.

Expenses under this act how to be paid.

Compensation of delegates to the convention, its officers, &c. how to be deterTax to be imposed therefor.

mined.

The word

"article" in the sixth section of the act to mean "section."

SEC. 6. And be it further enacted, That all elections in the States mentioned in the said "Act to provide for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled "An act to prescribe an oath of office ": Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury.

SEC. 7. And be it further enacted, That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropriated.

SEC. 8. And be it further enacted, That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same.

SEC. 9. And be it further enacted, That the word "article," in the sixth section of the act to which this is supplementary, shall be construed to mean "section."

SCHUYLER COLFAX,

Speaker of the House of Representatives. B. F. WADE,

President of the Senate pro tempore.

IN THE HOUSE OF REPRESENTATIVES, U., S.,
March 23, 1867.

J., S., }

The President of the United States having returned to the House of Representatives, in which it originated, the bill entitled "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," with his objections thereto, the House of Representatives proceeded, in pursuance of the Constitution, to reconsider the same; and

Resolved, That the said bill do pass, two thirds of the House of Representatives agreeing to pass the same.

Attest:

EDWD. MCPHERSON,
Clerk H. R. U. S.

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