« ՆախորդըՇարունակել »
and reprenade dependent aid or comi,
North Carolina ......Dec. 13..... Dec. 13, 1866. nor held any executive or judicial office in any Arkansas.......... ... Dec, 15.... .Dec. 17
State and afterwards engaged in insurrection or South Carolina ...... .....Dec. 2
rebellion against the United States, or given aid Virginia..... ..Jan. 9......Jan. 9, 1867. or comfort to the enemies thereof; that I have Mississippi..........Jan. 30.....Jan, 25, never taken an oath as a member of Congress of Louisiana ..........Peb, 5....... Feb. 6,
the United States, or as an officer of the United 2. Further Action of Congress on the States, or as a member of any State legislature, Amendment.-By Sec. 5 of the Reconstruction or as an executive or judicial officer of any Act of Congress of March 2, 1867 (see p. 23) the State, to support the Constitution of the United admission of senators and representatives from States, and afterwards engaged in insurrection the reconstructed rebel states is made dependent or rebellion against the United States or given upon the previous ratification of the Constitu- | aid or comfort to the enemies thereof; that I tional Amendment by Legislatures of the rebel will faithfully support the Constitution and obey States elected in accordance with the provisions the laws of the United States, and will, to the of the Reconstruction Act.
best of my ability, encourage others so to do, so
help me God;" which oath or affirmation may be II.-THE RECONSTRUCTION ACTS OF administered by any registering officer. Sec. 2. CONGRESS.
After the completion of the registration hereby 1.-Reconstruction Act of the XXXIXth provided for in any State, at such time and places Congress of Mirch 2, 1867.- We have given this therein as the commanding general shall apact on p. 23. The bill passed the House, on Feb. point and direct, of which at least 30 days' pub20, 1867, by the following voteyeas 128 (all lic notice shall be given, an election shall be Republicans), nays 46 (all Democrats, except held of delegates to a convention for the purpose Hawkins of Tenn., James R. Hubbell of Ohio, of establishing a constitution and civil governand Kuykendall of Ill.). The Senate passed ment for such State loyal to the Union, said conthe bill on the same day-yeas 35 (ail Re-vention in each State, except Virginia, to conpublicans except Johnson of Maryland), nays sist of the same number of members as the most 7 (all Dennocrats). The bill was vetoed on numerous branch of the State legislature of such March 2. Both Houses of Congress re-passed State in the year 1860, to be apportioned among it on the same day, the House by a vote the several districts, counties, or parishes of of 138 (all Republicans), nays 51 (all Demo such State by the commanding general, giving crats, except Hale of N. Y., Hawkins of Tenn., to each representation in the ratio of voters reg. Kuykendall of Ill., Stillwell of Ind., and Latham istered as aforesaid, as nearly as may be. The of W. Va.), the Senate by a vote of yeas 38 (all convention in Virginia shall consist of the same Rep. except Johnson of Md.), nays 10 (all Dem- number of members as represented the territory ocrats).
now constituting Virginia in the most numerous 2.-Supplemental Reconstruction Act of branch of the legislature of said State in the XLth Congress, of March 23, 1867.--A re year 1860, to be apportioned as aforesaid. Sec. construction bill, supplementary to the above 3. At said election the registered voters of each act of March 2, passed both Houses of Congress on | State shall vote for or against a convention to March 19. It was vetoed on March 23. On the form a constitution therefor under this act. The same day the House repassed it by a vote of yeas person appointed to superintend said election, 114 (all Republicans), nays 25 (all Democrats), and to make return of the votes given thereat. and the Senate by a vote of yeas 40 (all Repub- as herein provided, shall count and make return licans except Johnson of Md.), and nays 7 (all of the votes given for and against a convention; Democrats).
and the commanding general to whom the same The following are the main provisions of this shall have been returned shall ascertain and deact:
clare the total vote in each State for and against Before Sept. 1, 1867, the commanding general a convention. If a majority of the votes given in each district, defined by an act entitled “An on that question shall be for a convention, then act to provide for the more efficient government such convention shall be held as hereinafter of the rebel States," passed March 2, 1867, shall | provided; but if a majority of said votes shall cause a registration to be made of the male citi | be against a convention, then no such convenzens of the United States, 21 years of age and tion shall be held under this act: Provided. upwards, resident in each county or parish in that such convention shall not be held unless a the State or States included in his district, which majority of all such registered voters shall have registration shall include only those persons who voted on the question of holding such convenare qualified to vote for delegates by the act | tion. Sec. 4. The commanding general of each aforesaid, and who shall have taken and sub district shall appoint as many boards of regisscribed the following oath or affirmation: “I, tration as may be necessary, consisting of 3 loyal
do solemnly swear (or afirm), in the officers or persons, to make and complete the presence of Almighty God, that I am a citizen registration, superintend the election, and make of the State of
: that I have resided in return to him of the votes, lists of voters, and said State for months next preceding this of the persons elected as delegates by a plurality day, and now reside in the county of — , or of the votes cast at said election; and upon rethe parish of - in said State (as the case ceiving said returns he shall open the same, may be); that I am twenty-one years old ; that ascertain the persons elected as delegates acI have not been disfranchised for participation cording to the returns of the officers who conin any rebellion or civil war against the United ducted said election, and make proclamation States, nor for felony committed against the laws thereof; and if a majority of the votes given on of any State or of the United States; that I have that question shall be for a convention, the comnever been a member of any State legislature, 1 manding general, within 60 days from the date
of election, shall notify the delegates to assem- , been the true intent and meaning of the act of ble in convention, at a time and place to be the 2d day of March, 1867, entitled "An act to mentioned in the notification, and said conven- provide for the more efficient government of the tion, when organized, shall proceed to frame a rebel States," and the act supplementary thereto constitution and civil government according to passed the 23d of March, 1867, that the governthe provisions of this act and the act to which ments then existing in the rebel States cf Virit is supplementary; and when the same shall ginia, North Carolina, South Carolina, Georgia, have been so framed, said constitution shall be Mississippi, Alabama, Louisiana, Florida, Texas, submitted by the convention for ratification to and Arkansas, were not legal State governments, the persons registered under the provisions of and that thereafter said governments, if conthis act at an election to be conducted by the tinued, were to be continued suhject in all officers or persons appointed or to be appointed | respects to the military commanders of the reby the commanding general, as hereinbeiere spective districts, and to the paramount authorprovided, and to be held after the expiration of ity of Congress, 30 days from the date of notice thereof, to be I SEC. 2. That the commander of any district 1 given by said convention; and the returns named in said act shall have power, subject to thereof shall be made to the commanding gen- the disapproval of the general of the army of the eral of the district. Sec. 5. That if, according United States, and to have effect untii disapto said returns, the constitution shall be ratified proved, whenever, in the opinion of such comby a majority of the votes of the registered elec- mander, the proper administration of said act tors qualified as herein specified, cast at said shall require it, to suspend or remove from ofelection (at least one-half of all the registered fice, or from the performance of official duties, voters voting upon the question of such ratifica- and the exercise of official powers, any officer or tion), the president of the convention shall trans- person holding or exercising, or professing to mit a copy of the same, duly certified, to the hold or exercise, any civil or military office or President of the United States, who shall forth- duty in such district, under any power, election, with transmit the same to Congress, if then in appointment, or authority derived from, or session, and if not in session, then immediately granted by, or claimed under, any so called upon its next assembling; and if it shall, more- State, or the government thereof, or any municover, appear to Congress, that the election was ipal or other division thereof, and upon such sus. one at which all the registered and qualified elec- pension or removal such commander, subject to tors in the State had an opportunity to vote the approval of the general as aforesaid, shall freely and without restraint, fear, or the influ- have power to provide from time to time for the ence of fraud, and if the Congress shall be satis-performance of the said duties of such officer or fied that such constitution meets the approval of person so suspended or removed, by the detail of a majority of all the qualified electors in the some competent officer or soldier of the army, or State, and if the said constitution shall be de by the appointment of some other person to clared by Congress to be in conformity with the perform the same, and to fill vacancies occaprovisions of the act to which this is supplemen sioned by death, resignation, or otherwise. tary, and the other provisions of said act shall SEC, 3. That the general of the army of the have been complied with, and the said constitu United States shall be invested with all the powtion shall be approved by Congress, the State ers of suspension, removal, appointment, and shall be declared entitled to representation, and detaching granted in the preceding section to Senators and Representatives shall be admitted district commanders. therefrom as therein provided. Sec. 6. All elec- SEC. 4. That the acts of the officers of the artions in the States mentioned in the said "Act my, already done in removing in said districts to provide for the more efficient government of persons exercising the functions of civil officers, the rebel States," shall, during the operation of and appointing others in their stead, are hereby said act, be by ballot; and all officers making confirmed; provided that any persons heretothe said registration of voters and conducting fore or hereafter appointed by any district comsaid elections shall, before entering upon the dis- mander to exercise the functions of any civil charge of their duties, take and subscribe the office may be removed either by the military offoath prescribed by the act approved July 2, 1862, cer in command of the district or by the geneentitled “ An act to prescribe an oath of office:" ral of the army, and it shall be the duty of such Procided. That if any person shall knowingly commander to remove from office, as aforesaid, and falsely take and subscribe any oath in this all persons who are disloyal to the government act prescribed, such person so offending and of the United States, or who use their official inbeing thereof duly convicted, shall be subject to fluence in any manner to hinder, delay, prevent the pains, penalties, and disabilities which by or obstruct the due and proper administration of law are provided for the punishment of the crime this act and the acts to which it is supplement
ary, 3.-Supplementary Reconstruction Act of Sec. 5. That the boards of registration providXLth Congress, of July 19, 1867.-A recon-ed for in the act entitled "An act supplementary struction bill, supplementary to the two preced to an act entitled 'An act to provide for the more ing acts, passed both Houses of Congress, on efficient government of the rebel States,' passed July 13. It was vetoed by the President on July March 2, 1867, and to facilitate restoration." 19, but on the same day re-passed by both passed March 23, 1867, shall have power, and it Houses over the veto. The vote in the Senate shall be their duty, before allowing the registrastood--yeas 30 (all Repub.), nays 6 (all Democ.); tion of any person, to ascertain, upon such facts in the House-yeas 100 (all Rep.), nays 22 (ali or information as they can obtain, whether such Dem.). The bill is as follows:
person is entitled to be registered under said act, SECTION 1. That it is hereby declared to have and the oath required by said act shall not be
law are, pand corrupt perjur Snstruction Act ofed for in the act
conclusive on such question; and no person act shall be construed to authorize the commandshall be registered unless such board shall de- ing general named therein, whenever he shall cide that he is entitled thereto; and such board deem it needful, to remove any member of a shall also have power to examine under oath, to board of registration, and to appoint another in be administered by any member of such board, his stead, and to fill any vacancy in such board. any one touching the qualification of any person i SEC. 11. That all the provisions of this act, claiming registration ; but in every case of re- and of the acts to which this is supplementary, fusal by the board to register an applicant, and shall be construed liberally, to the end that all in every case of striking his name from the list, the intents thereof may be fully and perfectly as hereinafter provided, the board shall make a carried out. note or memorandum, which shall be returned with the registration list to the commanding
III.-PROGRESS OF IMPARTIAL SUFFRAGE. general of the district, setting forth the ground
At the beginning of the year 1866, the legislaof such refusal or such striking from the list;
ition in the several States of the Federal Union provided that no person shall be disqualified as a
concerning the right of suffrage, was as follows: member of any board of registration by reason
Only five States-Maine, Vermont, New Ilampof race or color.
shire, Massachusetts, Rhode Island-made no SEC. 6. That the true intent and meaning of
legal distinction among their citizens on the the oath presented in said supplementary act is
ground of color. In New York, colored citizens (among other things that no person who has
to be voters must be owners of a freehold worth been a member of the Legislature of any State,
$250. In Ohio, which limits the elective franor who has held any executive or judicial office
chise to "every white male citizen" of the Uniin any State, whether he has taken an oath to
ted States, the courts have held that every persupport the Constitution of the United States or
son of one-half white blood is a “white male citnot, and whether he was holding such office at
izen” within the Constitution, and that the burthe commencement of the rebellion or had beld
den of proof is with the challenging party, to it before, and who has afterwards engaged in in
show that the person is more than half black. surrection or rebellion against the United States
All the other States denied the right of suffrage or given aid or comfort to the enemies thereof, is
to the negro. Indians had a right of voting in entitled to be registered or to vote; and the
the New England States, in Michigan, Wisconwords "executive or judicial" office in any
sin, California, and Minnesota. China men were State, in said oath mentioned, shall be construed
expressly excluded in California, Oregon, and to include all civil offices created by law for the
Nevada. Indiana, Michigan, Wisconsin, Minneadministration of any general law of a State or
sota, Oregon, Kansas, and Illinois, admitted as for the administration of justice.
voters those not yet citizens. Sec. 7. That the time for completing the orig
A vote to extend
the right of suffrage to negroes, was taken in inal registration provided for in any act may, in
1865, in Connecticut (Oct. 2), Colorado (Sept. ), the discretion of the commander of any district,
Wisconsin (Nov. m), and Minnesota (Nov. 7). be extended to the 1st day of October, 1867; and
All these four States declared against negro sufthe board of registration shall have power, and
frage.* it shall be their duty, commencing fourteen days
On Dec. 18, 1865, a resolution offered by Mr. prior to any election under said act, and upon
Thornton (Dem., I11.), “tbat any extension of reasonable public notice of the time and place
the elective franchise to persons in the States, thereof, to revise for a period of five days the
either by act of the President or of Congress, registration lists, and upon being satisfied that
would be an assumption of power which nothing any person not entitled thereto has been registered, to strike the name of such person from
in the Constitution of the United States would
warrant, and that to avoid every danger of conthe list, and such person shall not be allowed to
flict, the settlement of this question should be vote. And such board shall also, during the
referred to the several States," was laid on the same period, add to each registry the names of
table by a vote of-yeas 111, nays 46. all persons who at that time possess the qualifi
On May 21, 1866, a resolution offered (Feb. 26, cations required by said act, who have not been
| 1866) by Mr. Defrees (Rep., Ind.), “that it is the already registered, and no person shall at any
opinion of this House that Congress has no contime be entitled to be registered or to vote by
stitutional right to fix the qualification of elecreason of any executive pardon or amnesty, for
tors in the several States” was referred to the any act or thing which, without such pardon or
Committee on the Judiciary-yeas 86, nays 80. amnesty, would disqualify him from registration
On Dec. 18, 1866, a bill conferring the elective or voting.
franchise in the District of Columbia upon every Sec. 8. That all members of said boards of
male person without any distinction on account registration, and all persons hereafter elected or
of color or race, passed the Senate by a vote of appointed to office in said military districts un
yeas 82, nays 13; on the following day the bill der any so-called State or municipal authority,
passed the House-yeas 128, nays 46. On Jan. or by detail or appointment of the district com
7, 1867, the bill was vetoed.' The Senate, on the mander, shall be required to take and subscribe
same day, passed the bill over the veto-yeas 29, to the oath of office prescribed by law for the officers of the United States.
nays 10; the House passed it on Jan, &yeas
113, nays 38. Sec. 9. That no district commander or mem
On Jan. 15, 1867, the House passed a bill for ber of the board of registration, or any officer or
the admission of Nebraska into the Union, upon appointee acting under them, shall be bound in his action by any opinion of any civil officer of
OL # A full account of the laws in the several States on the United States.
the right of suffrage is given in the TRIBUNE ALMANAC SEC. 10. That section four of said last-named I for 1866, p. 45-47.
the fundamental condition that there shall be, I the franchise, at the election for Governor, at within the State of Nebraska, no denial of the which the Republican candidate received a inaelective franchise or of any other right, to any jority of more than 50,000 votes. person by reason of race or color, except Indians On April 6, a joint resolution was passed by not taxed, and upon the further fundamental the Legislature of Ohio to propose an amendinent condition that the Legislature of Nebraska shall to the State constitution, striking the word declare the assent of the State to the foregoing "white" from the franchise law of the State. A condition, and shall transmit a copy of the act popular vote on this amendinent was taken at to the President. The bill was vetoed by the the October election, when it was rejected by a President on Jan. 30. The Senate passed it over majority of 50,629. the veto on Feb. 8-yeas 30, nays 9; the House In November, 1967, a special vote was taken on Feb. 9-yeas 120, nays 44.
| in Minnesota and Kansas on proposed amendOn Jan. 29, a bill similar to the preceding for ments to the State constitutions, extending the the admission of Colorado was vetoed, and no elective franchise to persons irrespective of vote was subsequently taken upon it.
color. In both States the amendments were reOn Jan. 10, a bill regulating the elective fran- jected, by 1,245 majority in Minnesota, and chise on the same basis in all Territories was 9,071 majority in Kansas. In Kansas a special adopted.
vote was taken at the same time on an amendOn Feb. 6, 1867, the lower branch of the Ten- ment extending the elective franchise to women. nessee Legislature passed a bill striking the word It was also rejected by 10,658 inajority. "white" from the franchise law of the State - In Wisconsin, in 1MS, an amendment to the yeas 38, nays 25. On Feb 18, the Senate con- State constitution giving colored persons the curred-yeas 14, nays 7. On March 21, the su- right of suffrage was submitted to the people, preme court of the State unanimously sustained and received a majority. The Supreme Court, in the constitutionality of the franchise law. In 1866, decided that that vote was sufficient. NeAugust, the negroes, for the first time, exercised | groes are entitled to vote in that State.
TIIE IMPEACHMENT QUESTION On the 7th of January, 1867, Mr. James M. / were of coarse opposed to the whole proceedAshley (Rep.) Member of Congress from Ohio, ing. rising to a question of privilege, submitted the The reports were received and laid over for a following, which was agreed to:
few days. On the 6th of December the House "I do impeach Andrew Johnson, Vice-Presi. took up the report. There was no real debate, dent and acting President of the United States, the opponents of impeachment using up the ses. of high crimes and misdemeanors. I charge him sion in motions to adjourn, for call of the House, with a usurpation of power and violation of law, &c. The next day the report came up, and after in that he has corruptly used the appointing a little more fillibustering, the House reached the power; in that he has corruptly used the par main business, and the resolution "that Andrew doning power; in that he has corruptly used the Johnson, President of the United States, be imveto power; in that he has corruptly disposed of peached of high crimes and misdemeanors," was the public property of the United States; in that lost-yeas, 56; nays, 109; absent or not voting, he has corruptly interfered in elections, and 22. Thus closed the impeachment movement. committed acts, and conspired with others to We give the following analysis of the vote. commit acts which, in contemplation of the Con- The figures before the names indicate the Disstitution, are high crimes and misdemeanors." trict from which the Member comes. (Democrats
Mr. Ashley appended a resolution directing in Italic.) the Judiciary Committee to make a thorough investigation in the matter, and the House, on the THOSE WHO VOTED FOR IMPEACHMENT. same day, adopted the resolution by 107 yeas to
MAINE-1. 89 nays. The Committee began to take testimony 1- John Lynch. on the 6th of February, and continued at inter
NEW HAMPSHIRE-2. vals for several months. On the 25th of No 1,Jacob H. Ela, 2-Aaron F. Stevens. vember, they sent in an enormous mass of testi
MASSACHUSETTS-2. mony, (printed in 1163 pages,) and submitted - George S. Boutwell, 5-Benjamin F. Butler, therewith their report, or rather three reports.
NEW YORK-3. Messrs. Boutwell, Williams, Thomas, Lawrence 22-John C. Churchill, 27—Hamilton Ward, and Churchill agreed in favor of impeachment, 25—William H. Kelsey. and submitted this resolution :
PENNSYLVANIA-9. Resolved. That Andrew Johnson, President! 7-John M. Broomall, 2-Charles O'Neill, of the United States, be impeached of high 21—John Covode, 9-Thaddeus Stevens, crimes and misdemeanors.
William D. Kelley, 23— Thomas Williams, Messrs. Wilson and Woodbridge were not in 13-Ulysses Mercer, 18—Stephen F. Wilson, favor of impeachment, and reported thus:
8—Leonard Myers. Resolved, That the Committee on the Judi
MARYLAND--1. ciary be discharged from the further considera-1 4-Francis Thomas. tion of the proposed impeachment of the Presi
ORIO5. dent of the United States, and that the subject 10_James M. Ashley, 4-William Lawrence, be laid upon the table.
16-Reader W. Clarke, 3-Robert C. Schenck, Messrs. Marshall and Eldridge (Democrats) '17—Ephraim R. Eckley.