the 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. a SEC. 5. That when the people of any one of said rebel States shall have formed 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 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 sixtyseven, 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 commited 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 may be administered by any registering officer. SEC. 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, 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 so framed, said constitution shall be subdistricts, counties, or parishes of such mitted by the convention for ratification to State by the commanding general, giving the persons registered under the provisions to each representation in the ratio of voters of this act at an election to be conducted or registered as aforesaid, as nearly as may by the officers or persons appointed or to be. The convention in Virginía shall con- be appointed by the commanding general, sist of the same number of members as as hereinbefore provided, and to be held represented the territory now constituting after the expiration of thirty days from the Virginia in the most numerous branch of date of notice thereof, to be given by said the legislature of said State in the year convention; and the returns thereof shall eighteen hundred and sixty, to be ap-be made to the commanding general of the pointed as aforesaid. gates according to the returns of the offcers 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 district. SEC. 3. That at said election the regis- SEC. 5. That if, according to said retered voters of each State shall vote for or turns, the constitution shall be ratified by against a convention to form a constitution a majority of the votes of the registered therefor under this act. Those voting in electors qualified as herein specified, cast favor of such a convention shall have at said election, (at least one-half of all the written or printed on the ballots by which registered voters voting upon the question they vote for delegates, as aforesaid, the of such ratification,) the president of the words" For a convention," and those vot- convention shall transmit a copy of the ing against such a convention shall have same, duly certified, to the President of written or printed on such ballots the the United States, who shall forthwith words "Against a convention." The per- transmit the same to Congress, if then in son appointed to superintend said election, session, and if not in session, then immeand to make return of the votes given diately upon its next assembling; and if it thereat, as herein provided, shall count shall, moreover, appear to Congress that and make return of the votes given for and the election was one at which all the regagainst a convention; and the command- istered and qualified electors in the State ing general to whom the same shall have had an opportunity to vote freely and withbeen returned shall ascertain and declare out restraint, fear, or the influence of fraud; the total vote in each State for and against and if the Congress shall be satisfied that a convention. If a majority of the votes such constitution meets the approval of a given on that question shall be for a con- majority of all the qualified electors in the vention, then such convention shall be held State, and if the said constitution shall be as hereinafter provided; but if a majority declared by Congress to be in conformity of said votes shall be against a conventiou, with the provisions of the act to which this then no such convention shall be held un-is supplementary, and the other provisions der this act: Provided, That such con- of said act shall have been complied with, vention shall not be held unless a majority and the said constitution shall be approved of all such registered voters shall have by Congress, the State shall be declared voted on the question of holding such con- entitled to representation, and Senators and Representatives shall be admitted therefrom as therein provided. vention. SEC. 4. That the commanding general of each district shall appoint as many boards SEC. 6. That all elections in the States of registration as may be necessary, con- mentioned in the said "Act to provide for sisting of three loyal officers or persons, to the more efficient government of the rebel make and complete the registration, su- States," shall, during the operation of said perintend the election, and make return to act, be by ballot; and all officers making him of the votes, lists of voters, and of the the said registration of voters and conductpersons elected as delegates by a plurality ing said elections shall, before entering of the votes cast at said election; and upon upon the discharge of their duties, take receiving said returns he shall open the and subscribe the oath prescribed by the same, ascertain the persons elected as dele-act approved July second, eighteen hun dred 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. 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. SES. 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. That the word article, in the sixth section of the act to which this is supplementary, shall be construed to mean section. Passed March 23, 1867. 31, nays 0; HOUSE, January 11, 1867, yeas 126, nays 12. New Hampshire-SENATE, July 6, 1866, yeas 9, nays 3; HOUSE, June 28, 1866, yeas 207, nays 112. Vermont - SENATE, October 23, 1866, yeas 28, nays 0; HOUSE, October 30, 1866, yeas 199, nays 11. Massachusetts-SENATE, March 20, 1867, yeas 27, nays 6; HOUSE, March 14, 1867, yeas 120, nays 20. Rhode Island-SENATE, February 5, 1867, yeas 26, nays 2; HOUSE, February 7, 1867, yeas 60, nays 9 Connecticut-SENATE, June 25, 1866, yeas 11, nays 6; HOUSE, June 29, 1866, yeas 131, nays 92. New York-SENATE, January 3, 1867, yeas 23, nays 3; HOUSE, January 10, 1867, yeas 76, nays 40. New Jersey-SENATE, September 11, 1866, yeas 11, nays 10; HOUSE, September 11, 1866, yeas 34, nays 24. Pennsylvania SENATE, January 17, 1867, yeas 20, nays 9; HOUSE, February 6, 1867, yeas 58, nays 29. West Virginia-SENATE, January 15, 1867, yeas 15, nays 3; HOUSE, January 16, 1867, yeas 43, nays_11. Ohio SENATE, January 3, 1867, yeas 21, nays 12; HOUSE, January 4, 1867, yeas 54, nays 25. Tennessee SENATE, July 11, 1866, yeas Votes of State Legislatures on the Four- 15, nays 6; HOUSE, July 12, 1866, yeas teenth Constitutional Amendment.† LOYAL STATES. Maine SENATE, January 16, 1867, yeas * This act is in these words: Be it outed, dec., That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: “I, A B. do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof: that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto; and I do further swear or affirm) that, to the best of my knowledge and ability, I will support and defend the foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, Constitution of the United States, against all enemies, and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after, of holding any office or place under the United States. + Compiled by Hon. Edward McPherson in his Hand Book of Politics for 1868. 43, nays 11. Indiana-SENATE, January 16, 1867, yeas 29, nays 18; HOUSE, January 23, 1867, yeas-, nays-. Illinois-SENATE, January 10, 1867, Yeas 17, nays 7; HOUSE, January 15, 1867, yeas 59, nays 25. Michigan-SENATE, nays 1; HOUSE, 15. 1867, yeas 25, 1867, yeas 77, nays Missouri-SENATE, January 5, 1867, yeas 26, nays 6; HOUSE, January 8, 1867, yeas 85, nays 34. Minnesota-SENATE, January 16, 1867, yeas 16, nays 5; HOUSE, January 15, 1867, yeas 40, nays 6. Kansas-SENATE, January 11, 1867, unanimously; HOUSE, January 10, 1867, yeas, 75, nays 7. Wisconsin SENATE, January 23, 1867, yeas 22, nays 10; HOUSE, February 7, 1867, yeas 72, nays 12. Oregon-* Senate,, 1866, yeas 13, nays 7; House, September 19, 1866, yeas 25, nays 22. Nevada-* SENATE, January 22, 1867, yeas 14, nays 2; HOUSE, January 11, 1867, yeas 34, nays 4. Rejected-Three States. *Unofficial. HOUSE, Maryland SENATE, March 23, 1867, | tain political letters which he had written yeas 4, nays 13; HOUSE, March 23, 1867, yea 12, nays 45. Kentucky SENATE, January 8, 1867, yeas 7, nays 24; HOUSE, January 8, 1867, yeas 26, nays 62. Not acted-Three States. Iowa, California, Nebraska. INSURRECTIONARY STATES. Rejected-Ten States. Virginia-SENATE, January 9, 1867, unanimously; HOUSE, January 9, 1867, 1 for amendment. North Carolina-SENATE, December 13, 1866, yeas 1, nays 44; HOUSE, December 13, 1866, yeas 10, nays 93. South Carolina-SENATE HOUSE, December 20, 1866, yeas 1, nays 95. Georgia-SENATE, November 9, 1866, yeas 0, nays 36; HOUSE, November 9, 1866, yeas 2, nays 131. Florida SENATE, December 3, 1866, yeas 0, nays 20; HOUSE, December 1, 1866, yeas 0, nays 49. Alabama-SENATE, December 7, 1866, yeas 2, nays 27; HOUSE, December 1866, yeas 8, nays 69. Mississippi SENATE, January 30, 1867, Mississippi-SENATE, January 30, 1867, yeas 0, nays 27; HOUSE, January 25, 1867, yeas 0, nays 88. Louisiana - SENATE, February 5, 1867, unanimously; HOUSE, February 6, 1867, unanimously. Texas-SENATE, ; HOUSE, OC tober 13, 1866, yeas 5, nays 67. Arkansas SENATE, December 15, 1866, yeas 1, nays 24; HOUSE, December 17, 1866, yeas 2, nays 68. The passage of the 14th Amendment and of the Reconstruction Acts, was followed by Presidential proclamations dated August 20, 1866, declaring the insurrection at an end in Texas, and civil authority existing throughout the whole of the United States. PRESIDENTIAL ELECTION OF 1864. The Republican National Convention met at Baltimore, June 7th, 1864, and renominated President Lincoln unanimously, save the vote of Missouri, which was cast for Gen. Grant. Hannibal Hamlin, the old Vice-President, was not re-nominated, because of a desire to give part of the ticket to the Union men of the South, who pressed Senator Andrew Johnson of Tennessee. "Parson" Brownlow made a strong appeal in his behalf, and by his eloquence captured a majority of the Con vention. The Democratic National Convention met at Chicago, August 29th, 1864, and nominated General George B. McClellan, of New Jersey, for President, and George H. Pendleton, of Ohio, for Vice-President. General McClellan was made available for the Democratic nomination through cer on points of difference between himself and the Lincoln administration. Two of these letters are sufficient to show his own and the views of the party which nominated him, in the canvass which followed: Gen. McClellan's Letters. On Political Administration, July 7, 1862. HEADQUARTERS ARMY OF THE Potomac, CAMP NEAR HARRISON'S LAnding, Va., July 7, 1862. MR. PRESIDENT:-You have been fully informed that the rebel army is in the front, with the purpose of overwhelming us by attacking our positions or reducing us by blocking our river communications. I cannot but regard our condition as critical, and I earnestly desire, in view of possible contingencies, to lay before your excellency, for your private consideration, my general views concerning the existing state of the rebellion, although they do not strictly relate to the situation of this army, or strictly come within the scope of official duties. These views amount to my convictions, and are deeply impressed upon my mind and heart. Our cause must never be abandoned; it is the cause of free institutions and self-government. The Constitution and the Union must be preserved, whatever may be the cost in time, treasure, and blood. If secession is successful, other dissolutions are clearly to be seen in the future. Let neither military disaster, political faction, nor foreign war shake your tion of the laws of the United States upon settled purpose to enforce the equal operathe people of every State. The time has come when the governmilitary policy, covering the whole ground ment must determine upon a civil and of our national trouble. claring, and supporting such civil and milThe responsibility of determining, deitary policy, and of directing the whole course of national affairs in regard to the rebellion, must now be assumed and exercised by you, or our cause will be lost. The Constitution gives you power, even for the present terrible exigency. This rebellion has assumed the character of a war; as such it should be regarded, and it should be conducted upon the highest principles known to Christian civilization. It should not be a war looking to the subjugation of the people of any State, in any event. It should not be at all a war upon population, but against armed forces and political organizations. Neither confiscation of property, political executions of persons, territorial organization of States, or forcible abolition of slavery, should be contemplated for a moment. In prosecuting the war, all private property and unarmed persons should be strictly protected, subject only to the necessity of military operations; all private property taken for military use should be paid or receipted for pillage and waste should be treated as high crimes; all unnecessary trespass sternly prohibited, and offensive demeanor by the military towards citizens promptly rebuked. Military arrests should not be tolerated, except in places where active hostilities exist; and bath-, not required by enactments, constitutionally made, should be neither demanded nor received. serve you in such position as you may assign me, and I will do so as faithfully as ever subordinate served superior. I may be on the brink of eternity; and as I hope forgiveness from my Maker, I have written this letter with sincerity towards you and from love for my country. Very respectfully, your obedient servant, GEORGE B. MCCLELLAN, Major-General Commanding. His Excellency A. LINCOLN, President. Military government should be confined to the preservation of public order and the protection of political right. Military IN FAVOR OF THE Election of GEORGE power -hould not be allowed to interfere with the relations of servitude, either by supporting or impairing the authority of the master, except for repressing disorder, as in other cases. Slaves, contraband under the act of Congress, seeking military protection, should receive it. The right of the government to appropriate permanently to its own service claims to slave labor should be asse erted, and the the right of the owner to compensation therefor should be recognizel. This principle might be extended, upon grounds of military necessity and security, to all the slaves of a particular tate, thus working manumission in such State; and in Missouri, perhaps in Western Virginia also, and possibly even in Maryland, the expediency of such a measure is only a question of time. A system of policy thus constitutional, and pervaded by the influences of Christianity and freedom, would receive the support of almost all truly loyal men, would deeply impress the rebel masses and all foreign nations, and it might be humbly hoped that it would commend itself to the favor of the Almighty. Unless the principles governing the future conduct of our struggle shall be made known and approved, the effort to obtain requisite forces will be almost hopeless. A declaration of radical views, especially upon slavery, will rapidly disintegrate our present armies. The policy of the government must be supported by concentrations of military power. The national forces should not be dispersed in expeditions, posts of occupation, and numerous armies, but should be mainly collected into masses, and brought to bear upon the armies of the Confederate States. Those armies thoroughly defeated, the political structure which they support would soon cease to exist. In carrying out any system of policy which you may form, you will require a commander-in-chief of the army, one who possesses your confidence, understands your views, and who is competent to execute your orders, by directing the military forces of the nation to the accomplishment of the objects by you proposed. I do not ask that place for myself. I am willing to W. WOODWARD AS GOVERNOR OF PENNSYLVANIA. ORANGE, NEW JERSEY, October 12, 1863. DEAR SIR:-My attention has been called to an article in the Philadelphia Press, asserting that I had written to the managers of a Democratic meeting at Allentown, disapproving the objects of the meeting, and that if I voted or spoke it would be in favor of Governor Curtin, and I am informed that similar assertions Lave been made throughout the State. It has been my earnest endeavor heretofore to avoid participation in party politics. 1 had determined to adhere to this course, but it is obvious that I cannot longer maintain silence under such misrepresentations. I therefore request you to deny that I have written any such letter, or entertained any such views as those attributed to me in the Philadelphia Press, and I desire to state clearly and distinctly, that having some days ago had a full conversation with Judge Woodward, I find that our views agree, and I regard his election as Governor of Pennsylvania called for by the interests of the nation. I understand Judge Woodward to be in favor of the prosecution of the war with all the means at the command of the loyal States, until the military power of the rebellion is destroyed. I understand him to be of the opinion that while the war is urged with all possible decision and energy, the policy directing it should be in consonance with the principles of humanity and civilization, working no injury to private rights and property not demanded by military necessity and recognized by military law among civilized nations. And, finally, I understand him to agree with me in the opinion that the sole great objects of this war are the restoration of the unity of the nation, the preservation of the Constitution, and the supremacy of the laws of the country. Believing our opinions entirely agree upon these points, I would, were it in my power, give to Judge Woodward my voice and vote. I am, very respectfully, yours, GEORGE B. MCCLELLAN, Hon. CHARLES J. BIDDLE. |