« PreviousContinue »
of the adoption or rejection of any constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election, upon presentation of his certificate of registration, his affidavit, or other satisfactory evidence, under such regulations as the district commanders may prescribe. SEC. 2.
And be it further enacted, That the constitutional convention of any of the States mentioned in the acts to which this is amendatory may provide that at the time of voting upon the ratification of the constitution the registered voters may vote also for members of the House of Representatives of the United States, and for all elective officers provided for by the said constitution; and the same election officers who shall make the return of the voteş cast on the ratification or rejection of the constitution, shall enumerate and certify the votes cast for members of Congress.
No. 157. Act admitting Arkansas to Rep
resentation in Congress
June 22, 1868
UNDER Lincoln's proclamation of December 8, 1863 (No. 137), Arkansas formed a State government, but its representatives were refused admittance by Congress, and the joint resolution of February 8, 1865 (No. 140], included the State in the list of those whose electoral votes should not be counted. The reconstruction government was, however, recognized by President Johnson, and the State was counted in the list of those whose legislatures had ratified the Thirteenth Amendment. The first reconstruction act of March 2, 1867 (No. 149), placed Arkansas in the fourth military division, and the rehabilitation of the State proceeded under the military government. The narrow majority in favor of the ratification of the State constitution, March 13, 1868, led to the introduction of a bill to admit Arkansas to representation in Congress. The bill was reported in the House May 7, by Thaddeus Stevens, from the Joint Committee on Reconstruction, and passed the next day by a vote of 110 to 32, 48 not voting. In the Senate an amendment prohibiting the abridgment of the elective franchise, etc., on account of race or color was agreed to, June 1, by a vote of 26 to 14, and the bill passed, the final vote being 34 to 8. The House refused to concur, and the bill received its final form from a conference committee. The report of the committee was agreed to by the Senate June 6, and by the House June 8. On the 20th the bill was vetoed by President Johnson, but was passed over the veto, in the House the same day by a vote of 111 to 31, 48 not voting, and in the Senate June 22, by a vote of 30 to 7. Senators from the State qualified June 23, and Representatives June 24.
REFERENCES. Text in U.S. Statutes at Large, XV., 72. For the proceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. On the election in Arkansas see House Exec. Doc. 278; on the ratification of the Fourteenth Amendment, House Misc. Doc. 118, ibid.
AN ACT to admit the State of Arkansas to representation in
Congress. WHEREAS the people of Arkansas, in pursuance of the provisions of an act entitled “ An act for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, and the acts supplementary thereto, have framed and adopted a constitution of State government, which is republican, and the legislature of said State has duly ratified the amendment to the Constitution of the United States proposed by the thirty-ninth Congress, and known as article fourteen: Therefore,
Be it enacted .. That the State of Arkansas is entitled and admitted to representation in Congress as one of the States of the Union upon the following fundamental condition: That the constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to all the inhabitants of said State: Provided, That any alteration of said constitution prospective in its effect may be made in regard to the time and place of residence of voters.
No. 158. Act admitting North Carolina,
South Carolina, Louisiana, Georgia, Alabama, and Florida to Representation in Congress
June 25, 1868 As a result of the vote on the ratification of the State constitution of Alabama, a bill to restore Alabama to the Union was introduced in the House March 10, 1868, by Thaddeus Stevens. A substitute for this bill passed the House, but was indefinitely postponed by the Senate. May 11 a bill to admit North Carolina, South Carolina, Louisiana, Georgia, and Alabama to representation in Congress was reported by Stevens from the Joint Committee on Reconstruction. An amendment striking out Alabama from the list of States was rejected by a vote of 60 to 74, 55 not voting. On the 14th the amended bill passed the House, the vote being 110 to 35, 44 not voting. June 10 the Senate, by a vote of 22 to 21, included Florida, and the bill with further amendments passed, the vote being 31 to 5. The House concurred in the Senate amendments by a vote of 111 to 28, 50 not voting, an amendment striking out Florida being rejected by a vote of 45 to 99, 45 not voting. The bill was vetoed by President Johnson June 25, and passed over the veto the same day, in the House by a vote of 108 to 32, 54 not voting, and in the Senate by a vote of 35 to 8.
REFERENCES. -- Text in U.S. Statutes at Large, XV., 73, 74. For the proceedings see the House and Senate Journals, 40th Cong., ad Sess., and the Cong. Globe. On Alabama see House Exec. Docs. 302 and 303, and House Report 21, 40th Cong., ad Sess.; on North Carolina, South Carolina, Georgia, and Louisiana, House Exec. Docs. 281, 300, and 301, 40th Cong., 2d Sess., and Senate Exec. Doc. 15, 40th Cong., 3d Sess.; on Florida, House Misc. Docs. 109 and 114, 40th Cong., 2d Sess.
An Act to admit the States of North Carolina, South Carolina,
Louisiana, Georgia, Alabama, and Florida, to Representation in Congress.
WHEREAS the people of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have, in pursuance of the provisions of ... [the Reconstruction Act of March 2, 1867] . . ., and the acts supplementary thereto, framed constitutions of State government which are republican, and have adopted said constitutions by large majorities of the votes cast at the elections held for the ratification or rejection of the same: Therefore,
Be it enacted ..., That each of the States of North Caro
lina, South Carolina, Louisiana, Georgia, Alabama, and Florida, shall be entitled and admitted to representation in Congress as a State of the Union when the legislature of such State shall have duly ratified the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as article fourteen, upon the following fundamental conditions: That the constitutions of neither of said States shall ever be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote in said State, who are entitled to vote by the constitution thereof herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State: Provided, That any alteration of said constitution may be made with regard to the time and place of residence of voters; and the State of Georgia shall only be entitled and admitted to representation upon this further fundamental condition: that the first and third subdivisions of section seventeen of the fifth article of the constitution of said State, except the proviso to the first subdivision, shall be null and void, and that the general assembly of said State by solemn public act shall declare the assent of the State to the foregoing fundamental condition.
SEC. 3. And be it further enacted, That the first section of this act shall take effect as to each State, except Georgia, when such State shall, by its legislature, duly ratify article fourteen of the amendments to the Constitution of the United States, proposed by the Thirty-ninth Congress, and as to the State of Georgia when it shall in addition give the assent of said State to the fundamental condition hereinbefore imposed upon the same; and thereupon the officers of each State duly elected and qualified under the constitution thereof shall be inaugurated without delay; but no person prohibited from holding office under the United States, or under any State, by section three of the proposed amendment to the Constitution of the United States, known as article fourteen, shall be deemed eligible to any office in either of said States, unless relieved from disability as provided in said amendment; and it is hereby made the duty of the President within ten days after receiving official information of the ratification of said
amendment by the legislature of either of said States to issue a proclamation announcing that fact.
MARCH 5, 1868, the House having under consideration a resolution for the removal of the political disabilities of R. R. Butler, a representative-elect from Tennessee, the resolution, on motion of Dawes of Massachusetts, was recommitted to the Committee on Elections with instructions to report a general bill for the removal of such disabilities. The bill was reported the same day, and on the 6th passed. Subsequent amendments in the Senate and House were unimportant, and the yeas and nays were not called for. An act of February 15, 1871, allowed those who could not take the oath prescribed by the act of July 2, 1862, and who were not rendered ineligible to office by the Fourteenth Amendment, to take the oath prescribed by this act.
REFERENCES. — Text in U.S. Statutes at Large, XV., 85. For the proceedings see the House and Senate Journals, 40th Cong., ad Sess.
An Act prescribing an Oath of Office to be taken by Persons from
whom legal Disabilities shall have been removed.
Be it enacted. That whenever any person who has participated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of Congress by a vote of two thirds of each house, has been or shall be elected or appointed to any office or place of trust in or under the government of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of ... [July 2, 1862] . take and subscribe the following oath or affirmation: I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, 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; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.