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PUBLIC ACTS OF THE FORTIETH CONGRESS
Passed at the First Session, which was begun and held at the City of Wash
ington, 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 March 12, 1867. to incorporute a National Military and Naval Asylum for the Relief of the totally dis. 1866, ch. 21, $ 3. abled Officers and Men of the Volunteer Forces of the United States, approved March Vol. xiv. p. io. twenty-one, eighteen hundred and sirty-siz.
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 Members of incorporate a national asylum for disabled officers and men of the vol. Congress may bo unteer forces of the United States, approved March twenty-first, eighteen gers of the Nahundred and sixty-six, be amended by striking out the words “not mem- tional Asylum bers of Congress."
Volunteer SolAPPROVED, March 12, 1867.
CHAP. II. – An Act making Appropriations for the Expenses of Commissioners sent by March 14, 1867.
the President to the Indian Country. 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
ers to the Indian in the treasury not otherwise appropriated, to pay the expenses
country. missioners sent by the President to the Indian country.
APPROVED, March 14, 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. 664. eighteen hundred and sixty-seven.
Be it enacted by the Senate and House of Representatives of the United See post, p. 249. States of America in Congress assembled, That the joint resolution en
the removal of titled “A resolution to provide for the removal of the wreck of the steam- the wreck of the ship Scotland,” approved January twenty-ninth, eighteen hundred and steamship Scotsixty-seven, be, and the same is hereby, repealed.
land from the
entrance to New APPROVED, March 16, 1867.
York harbor re
pealed. CHAP. IV. - An Act to clothe the maimed and destitute Soldiers.
March 22, 1867. Be it enacted by the Senate and House of Representatives of the United wale cretary of States of America in Congress assembled, That the Secretary of War be, one completo 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.
tuted "Soldiers' VOL. XV. PUB.-1
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 there
for, 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 lo a certain Tract of Land in Burlington, Iowa.
Be it enacted by the Senate and House of Representatives of the United An ordinance States of America in Congress assembled, That a certain ordinance adoptadopted by the ed by the city council of the city of Burlington, in the State of Iowa, of Burlington,
date of December tenth, anno Domini eighteen hundred and sixty-six, enlowa, made le- titled “ An ordinance devoting Market Square to certain public purposes, gal.
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 RailUnited States in Market road 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 River R. R. Co. title to said Market Square and streets were owned by said city at the
date of said ordinance.
APPROVED, March 22, 1867.
March 23, 1867. CHAP. VI. – An Act supplementary to an Act entitled "An Act to provide for the more
1867, ch. 153. efficient Government of the Rebel States,” passed Jarch second, eighteen hundred and Vol. xiv. p. 428. sixty-seven, and to facilitate Restoration.
Post, pp. 14, 29, 30, 41, 72, 73. Be it enacted by the Senate and House of Representatives of the United
Registration States of America in Congress assembled, That before the first day of Sepcertain male citi- tember, eighteen hundred and sixty-seven, the commanding general in zens of each 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 apd sixty-seven, shall cause a registration to be made of the
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 and upwards,
district, which registration shall include only those persons who are qualiqualified to vote fied to vote for delegates by the act aforesaid, and who shall have taken for delegates, and who have and subscribed the following oath or affirmation: “I,
do solemntaken the oath. ly swear (or affirm), in the presence of Almighty God, that I am a citiForm of the
zen of the State of ; that I have resided in said State for onth.
months next preceding this day, and now reside in the county of Post, p. 16. 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 10 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 Who to al.
of my ability, encourage others so to do, so help me God”; which oath minister tha oath
or affirmation may be administered by any registering officer.
Sec. 2. And be it further enacted, That after the completion of the
of what num
registration hereby provided for in any State, at such time and places. After comple
tion of registram therein 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 or 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 members in cerVirginia in the most numerous branch of the legislature of said State in how apporthe year eighteen hundred and sixty, to be apportioned as aforesaid.
tioned; Sec. 3. And be it further enacted, That at said election the registered ber in Virginia, voters of each State shall vote for or against a convention to form a con- and how appor stitation therefor under this act. Those voting in favor of such a con
At the elecvention 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 superin- Who to count tend said election, and to make return of the votes given thereat, as here- and return the in provided, shall count and make return of the votes given for and against a convention ; and the commanding general to whom the same
See post, p. 41. 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
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- & convention;
but not unless vided, That such convention shall not be held unless a majority of all a majority of such registered voters shall have voted on the question of holding such all the registered convention.
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.top
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,
and proclaim tho 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 deledays 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
for a convention. said convention, when organized, shall proceed to frame a constitution
Convention to 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
& constitution framed, said constitution shall be submitted by the convention for ratifica- submitted to the tion to the persons registered under the provisions of this act at an elec- registered voters tion to be conducted by the officers or persons appointed or to be appoint- °Election there. ed by the commanding general, as hereinbefore provided, and to be held for how to be after the expiration of thirty days from the date of notice thereof, to be notified and
when to be held, given by said convention ; and the returns thereof shall be made to the &c. commanding general of the district.
Seo Post, p. 15. Sec. 5. And be it further enacted, That if, according to said returns,
is ratified by a 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 ba
voters vote on
which shall be
the State enti
tion to take the
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 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 stitution if, &c. and without restraint, fear, or the influence of fraud, and if the Congress and to declare
shall be satisfied that such constitution meets the approval of a majority tled to represen- of all the qualified electors in the State, and if the said constitution shall tation, &c. 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 pro
vided. All the elec- Sec. 6. And be it further enacted, That all elections in the States tions to be by mentioned in the said "Act to provide for the more efficient governinent ballot.
of the rebel States,” shall, during the operation of said act, be by ballot; Officers make and all officers making the said registration of voters and conducting said ing the registra- elections shall, before entering upon the discharge of their duties, take and oath prescribed subscribe the oath prescribed by the act approved July second, eighby the act of teen hundred and sixty-two, entitled “An act to prescribe an oath of
1862, ch. 128. Vol. xii.p..602. office”: Provided, That if any person shall knowingly and falsely take and
Knowingly subscribe any oath in this act prescribed, such person so offending and beand falsely
ing thereof duly convicted shall be subject to the pains, penalties, and swearing in tak. ing the oath to disabilities which by law are provided for the punishment of the crime of be perjury. wilful and corrupt perjury.
Expenses un- Sec. 7. And be it further enacted, That all expenses incurred by the der this act how to be paid.
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. Compensation Sec. 8. And be it further enacted, That the convention for each State the convention, shall prescribe the fees, salary, and compensation to be paid to all delits officers, &c. egates and other officers and agents herein authorized or necessary to how to be determined.
carry into effect the purposes of this act not herein otherwise provided Tax to be im- for, and shall provide for the levy and collection of such taxes on the posed therefor. property in such State as may be necessary to pay the same.
The word Sec. 9. And be it further enacted, That the word “article,” in the "article” in the sixth section of the act to which this is supplementary, shall be construed sixth section of the act to mean to mean " section.” “section."
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. 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:
Clerk H. R. U. S.