A Bill to guarantee to certain States whose Governments have been usurped
or overthrown a Republican Form of Government.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That in the states declared in rebellion against
the United States, the President shall, by and with the advice and con- sent
of the Senate, appoint for each a provisiona1 governor, whose pay and emoluments
shall not exceed that of a brigadier-general of volunteers, who shall be charged
with the civil administration of such state until a state government therein
shall be recognized as hereinafter provided.
SEC. 2. And be it further enacted, That so soon as the military resistance
to the United States shall have been suppressed in any such state, and the people
thereof shall have sufficiently returned to their obedience to the constitution
and the laws of the United States, the provisional governor shall direct the
marshal of the United States, as speedily as may be, to name a sufficient number
of deputies, and to enroll all white male citizens of the United States, resident
in the state in their respective counties, and to request each one to take the
oath to support the constitution of the United States, and in his enrolment
to designate those who take and those who refuse to take that oath, which rolls
shall be forthwith returned to the provisional governor; and if the persons
taking that oath shall amount to a majority of the persons enrolled in the state,
he shall, by proclamation, invite the loyal people of the state to elect delegates
to a convention charged to declare the will of the people of the state relative
to the reestablish- ment of a state government subject to, and in conformity
with, the constitution of the United States.
SEC. 3. And be it further enacted, That the convention shall consist of as
many members as both houses of the last constitutional state legislature, apportioned
by the provisional governor among the counties, parishes, or districts of the
state, in proportion to the white population, returned as electors, by the marshal,
in compliance with the provisions of this act. The provisional governor shall,
by proclamation, declare the number of delegates to be elected by each county,
parish, or election district; name a day of election not less than thirty days
thereafter; designate the places of voting in each county, parish, or district,
conforming as nearly as may be convenient to the places used in the state elec-
tions next preceding the rebellion; appoint one or more commissioners to hold
the election at each place of voting, and provide an adequate force to keep
the peace during the election.
SEC.4. And be it further enacted, That the delegates shall be elected by the
loyal white male citizens of the United States of the age of twenty-one years,
and resident at the time in the county, parish, or district in which they shall
offer to vote, and enrolled as aforesaid, or absent in the military service
of the United States, and who shal1 take and subscribe the oath of allegiance
to the United States in the form contained in the act of congress of July two,
eighteen hundred and sixty-two; and all such citizens of the United States who
are in the military service of the United States shall vote at the head-quarters
of their respective commands, under such regulations as may be prescribed by
the pro-visional governor for the taking and return of their votes; but no person
who has held or exercised any office, civil or military, state or confederate,
under the rebel usurpation, or who has voluntarily borne arms against the United
States, shall vote, or be eligible to be elected as delegate, at such election.
SEC.5. And be it further enacted, That the said commissioners, or either of
them, shall hold the election in conformity with this act, and, so far as may
be consistent therewith, shall proceed in the manner used in the state prior
to the rebellion. The oath of allegiance shall be taken and subscribed on thc
poll-book by every voter in the form above prescribed, but every person known
by or proved to, the commissioners to have held or exercised any office, civil
or military, state or confederate, under the rebel usurpation, or to have voluntarily
borne arms against the United States, shall be excluded, though he offer to
take the oath ; and in case any person who shall have borne arms against the
United States shall offer to vote he shall be deemed to have borne arms voluntarily
unless he shall prove the contrary by the testimony of a qualified voter. The
poll-book, showing the name and oath of each voter, shall be returned to the
provisional governor by the commissioners of election or the one acting, and
the provisional governor shall canvass such returns, and declare the person
having the highest number of votes elected.
SEC. 6. And be it further enacted, That the provisional governor shall, by
proclamation, convene the delegates elected as aforesaid, at the capital of
the state, on a day not more than three months after the election, giving at
least thirty days' notice of such day. In case the said capital shall in his
judgment be unfit, he shall in his proclamation appoint another place. He shall
preside over the deliberations of the convention, and administer to each delegate,
before taking his seat in the convention, the oath of allegiance to the United
States in the form above prescribed.
SEC. 7. And be it further enacted, That the convention shall declare, on behalf
of the people of the state, their submission to the constitution and laws of
the United States, and shall adopt the following provisions, hereby prescribed
by the United States in the execution of the constitutional duty to guarantee
a republican form of government to every state, and incorporate them in the
con- stitution of the state, that is to say:
First. No person who has held or exercised any office, civil or military, except
offices merely ministerial, and military offices below the grade of colonel,
state or confederate, under the usurping power, shall vote for or be a member
of the legislature, or governor.
Second. Involuntary servitude is forever prohibited, and the freedom of all
persons is guaranteed in said state.
Third. No debt, state or confederate, created by or under the sanction of the
usurping power, shall be recognized or paid by the state.
SEC. 8. And be it further enacted, That when the convention shall have adopted
those provisions, it shaII proceed to re-establish a republican form of government,
and ordain a constitution containing those provisions, which, when adopted the
convention shall by ordinance provide for submitting to the people of the state,
entitled to vote under this law, at an election to be held in the manner prescribed
by the act for the election of delegates; but at a time and place named by the
convention, at which election the said electors, and none others, shall vote
directly for or against such constitution and form of state government, and
the returns of said election shall be made to the provisional gov- ernor, who
shall canvass the same in the presence of the electors, and if a major- ity
of the votes cast shall be for the constitution and form of government, he shall
certify the same, with a copy thereof, to the President of the United .States,
who, after obtaining the assent of congress, shall, by proclamation, recognize
the government so established, and none other, as the constitutional government
of the state, and from the date of such recognition, and not before, Senators
and Representatives, and electors for President and Vice President may be eleected
in such state, according to the laws of the state and of the United States.
SEC. 9. And be it further enacted, That if the convention shall refuse to reestablish
the state government on the conditions aforesaid, the provisional gov- ernor
shall declare it dissolved; but it shall be the duty of the President, whenever
he shall have reason to believe that a sufficient number of the people of the
state entitled to vote under this act, in number not less than a majority of
those enrolled, as aforesaid, are willing to reestablish a state government
on the conditions aforesaid, to direct the provisional governor to order another
election of delegates to a convention for the purpose and in the manner prescribed
in this act, and to proceed in all respects as hereinbefore provided, either
to dissolve the convention, or to certify the state government reestablished
by it to the President.
SEC. 10. And be it further enacted, That, until the United States shall have
recognized a republican form of state government, the provisional governor in
each of said states shall see that this act, and the laws of the United States,
and the laws of the state in force when the state government was overthrown
by the rebellion, are faithfully executed within the state ; but no law or usage
whereby any person was heretofore held in involuntary servitude shall be recognized
or enforced by any court or officer in such state, and the laws for the trial
and punishment of white persons shall extend to all persons, and jurors shall
have the qualifications of voters under this law for delegates to the convention.
The President shall appoint such officers provided for by the laws of the state
when its government was overthrown as he may find necessary to the civil administration
of the slate, all which officers shall be entitled to receive the fees and emoluments
provided by the state laws for such officers.
SEC. 11. And be it further enacted, That until the recognition of a state government
as aforesaid, the provisional governor shall, under such regulations as he may
prescribe, cause to be assessed, levied, and collected, for the year eighteen
hundred and sixty-four, and every year thereafter, the taxes provided by the
laws of such state to be levied during the fiscal year preceding the overthrow
of the state government thereof, in the manner prescribed by the laws of the
state, as nearly as may be ; and the officers appointed, as aforesaid, are vested
with all powers of levying and collecting such taxes, by distress or sale, as
were vested in any officers or tribunal of the state government aforesaid for
those purposes. The proceeds of such taxes shall be accounted for to the provisional
governor, and be by him applied to the expenses of the administration of the
laws in such state, subject to the direction of the President, and the surplus
shall be deposited in the treasury of the United States to the credit of such
state, to be paid to the state upon an appropriation therefor, to be made when
a republican form of government shall be recognized therein by the United States.
SEC. 12. And be it further enacted, that all persons held to involuntary servitude
or labor in the states aforesaid are hereby emancipated and discharged therefrom,
and they and their posterity shall be forever free. And if any such persons
or their posterity shall be restrained of liberty, under pretence of any claim
to such service or labor, the courts of the United States shall, on habeas corpus,
discharge them.
SEC. 13. And be it further enacted, That if any person declared free by this
act, or any law of the United States, or any proclamation of the President,
be restrained of liberty, with intent to be held in or reduced to involuntary
servi- tude or labor, the person convicted before a court of competent jurisdiction
of such act shall be punished by fine of not less than fifteen hundred dollars,
and be imprisoned not less than five nor more than twenty years.
SEC. 14. And be it further enacted, That every person who shall hereafter hold
or exercise any office, civil or military, except offices merely ministerial,
and military offices below the grade of colonel, in the rebel service, state
or con- federate, is hereby declared not to be a citizen of the United States.
BY THE PRESIDENT OF THE UNITED STATES:
A PROCLAMATION:
WHEREAS, at the late session, congress passed a bill to "guarantee to
certain states, whose governments have been usurped or overthrown, a republican
form of government, " a copy of which is hereunto annexed;
And whereas the said bill was presented to the President of the United States
for his approval less than one hour before the sine die adjournment of said
ses- sion, and was not signed by him;
And whereas the said bill contains, among other things, a plan for restoring
the states in rebellion to their proper practical relation in the Union, which
plan expresses the sense of congress upon that subject, and which plan it is
now thought fit to lay before the people for their consideration ;
Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do proclaim,
declare, and make known, that, while I am (as I was in December last, when by
proclamation I propounded a plan for restoration) unprepared by a formal approval
of this bill, to be inflexibly committed to any single plan of restoration;
and, while I am also unprepared to declare that the free state constitutions
and governments already adopted and installed in Arkansas and Louisiana shall
be set aside and held for nought, thereby repelling and discouraging the loyal
citizens who have set up the same as to further effort, or to declare a constitutional
competency in congress to abolish slavery in states, but am at the same time
sincerely hoping and expecting that a constitutional amendment abolishing slavery
throughout the nation may be adopted, nevertheless I am truly satisfied with
the system for restoration contained in the bill as one very proper plan for
the loyal people of any state choosing to adopt it, and that I am, and at all
times shall be, prepared to give the executive aid and assistance to any such
people, so soon as the military resistance to the United States shall have been
suppressed in any such state, and the people thereof shall have sufficiently
returned to their obedience to the constitution and the laws of the United States,
in which cases military governors will be appointed, with directions to proceed
according to the bill.
In testimony whereof; I have hereunto set my hand, and caused the seal of
the United States to be affixed.
Done at the city of Washington this eighth day of July, in the year of our
[L S.] Lord one thousand eight hundred and sixty-four, and of the Independence
of the United States the eighty-ninth.
ABRAHAM LINCOLN.
By the President :
WILLIAH H. SEWARD, Secretary of State.
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