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enjoyment of the land for the term of three years at an annual rent not exceeding six per centum upon the value of such land, as it was appraised by the state authorities in the year eighteen hundred and sixty, for the purpose of taxation, and in case no such appraisal can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as the commissioner may by regulation prescribe. At the end of said term, or at any time during said term, the occupants of any parcels so assigned may purchase the land and receive such title thereto as the United States can convey, upon paying therefor the value of the land, as ascertained and fixed for the purpose of determining the annual rent aforesaid.

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A BILL to secure the freedom of soldiers' families was introduced in the Senate December 13, 1864, by Wilson of Massachusetts, and passed that body January 9, 1865, notwithstanding strong opposition, by a vote of 27 to

The vote in the House, February 22, on the passage of the bill was 74 to 63, 45 not voting.

REFERENCES. - Text in U.S. Statutes at Large, XIII., 571. For the proceedings see the House and Senate Journals, 38th Cong., 2d Sess., and the Cong. Globe. The important debate was in the Senate.

A Resolution to encourage Enlistments and to promote the Effi

ciency of the military Forces of the United States.

Resolved . . . , That, for the purpose of encouraging enlistments and promoting the efficiency of the military and naval forces of the United States, it is hereby enacted that the wife and children, if any he have, of any person that has been, or may be, mustered into the military or naval service of the United States, shall, from and after the passage of this act, be forever free, any law, usage, or custom whatsoever to the contrary notwithstanding ...

No. 143. Proclamation appointing a Gov

ernor for North Carolina

May 29, 1865

The appointment of military governors in the States lately in rebellion, and the reëstablishment of the State governments under their direction, were steps of primary importance in the plan of executive reconstruction proposed by President Johnson. Appointments similar to that in North Carolina were proclaimed June 13, for Mississippi; June 17, for Georgia and' Texas; June 21, for Alabama; June 30, for South Carolina, and July 13, for Florida. An executive order of May 9 had declared the authority of the United States reëstablished in Virginia, directed the various departments of the national government to resume operations in that State, and promised federal aid to Governor Pierpont if necessary.

REFERENCES. Text in U.S. Statutes at Large, XIII., 760, 761. On Johnson's theory of reconstruction in this connection, see his annual message of December 4, 1865.

WHEREAS the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the government thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Carolina, in securing them in the enjoyment of a republican form of government:

Now, therefore, in obedience to the high and solemn duties

imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to organize a state government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, ANDREW JOHNSON, President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William W. Holden provisional governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence; Provided that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President's Proclamation of May 29, A.D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of North Carolina in force immediately before the 20th day of May, A.D. 1861, the date of the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, a power the people of the several states composing the Federal Union have rightfully exercised from the origin of the government to the present time.

And I do hereby direct

First. That the military commander of the department, and all officers and persons in the military or naval service, aid and

assist the said provisional governor in carrying into effect this Proclamation, and they be enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other states.

Fifth. That the district judge for the judicial district in which North Carolina is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all inatters within the cognizance and jurisdiction of the federal courts.

Sixth. That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state.

Seventh. That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid.

No. 144. Thirteenth Amendment

December 18, 1865

JANUARY 11, 1864, John B. Henderson of Missouri offered in the Senate a joint resolution for an amendment to the Constitution providing that “slavery or involuntary servitude, except as a punishment for crime, shall not exist in the United States.” February 8 Sumner proposed an amendment declaring that “everywhere within the limits of the United States, and of each State or Territory thereof, all persons are equal before the law, so that no person can hold another as a slave.” Both of these resolutions were referred to the Committee on the Judiciary, which reported, February 10, a resolution proposing an amendment in the terms of the thirteenth amendment subsequently ratified. On the 15th the House, by a vote of 78 to 62, resolved in favor of an amendment abolishing slavery. The joint resolution passed the Senate April 8, by a vote of 38 to 6. The resolution was not taken up in the House until May 31, and June 15, by a vote of 95 to 66 (less than the required two-thirds), was rejected. January 31, 1865, the vote was reconsidered and the resolution passed, the vote being 121 to 24, 37 not voting. The ratification of the amendment by twenty-seven States was proclaimed December 18, 1865.

REFERENCES. Text in Revised Statutes of the United States (ed. 1878), 30. For the proceedings in Congress see the House and Senate Journals, 38th Cong., ist and ad Sess., and the Cong. Globe. The principal propositions submitted are collected in McPherson, Rebellion, 255-259. On the scope of the amendment see Slaughter House Cases, 16 Wallace, 36.

ARTICLE XIII. SEC. 1. Neither slavery nor involuntary servitude, save 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.

No. 145. First Civil Rights Act

April 9, 1866

A BILL “to protect all persons in the United States in their civil rights and furnish the means of their vindication” was introduced in the Senate January 5, 1866, by Lyman Trumbull of Illinois, and referred to the Committee on Judiciary. Amendments reported by the committee were agreed to on the

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