Twenty Years of Congress Volume Ii Part 43

Seward, Mr. Wade, and Mr. Grow in 1861. It is seldom that history so exactly repeats itself; but the mention of the coincidence was not designed as a criticism, much less a condemnation of the course of the statesmen who wisely and bravely met their responsibilities in 1861.

It was simply a protest against the injustice that had been visited upon Mr. Webster for a like patriotic course in 1850.

If the Southern agitators had resorted to secession and brought on civil war in 1850 the efforts of Mr. Webster to avert the calamity would have received unstinted praise from all cla.s.ses in the North.

If no secession had been attempted and no civil war had followed in 1861, and the South remaining in the Union had resumed the old course for the rights of Slavery in the Territories, Mr. Seward, Mr. Grow and their a.s.sociates would have received unlimited censure as "dough faces"

who had yielded to Southern threats and consented to organize three Territories without an anti-slavery proviso. In each instance the subsequent course of events determined the popularity of unpopularity of similar acts performed with similar motives,--acts altogether honorable, motives altogether patriotic in both cases.

OMISSION.

The names of the distinguished counsel on both sides who appeared before the International Tribunal at Geneva in 1871, were accidentally omitted from the foot-note on page 408, Volume II. Sir Roundell Palmer, afterwards Lord Chancellor (known as Lord Selborne), was sole counsel for the British cause, but was a.s.sisted throughout the hearing by Professor Montague Bernard and by Mr. Cohen. The American counsel, as eminent as could be selected from the American bar, were William M. Evarts, Caleb Cushing, and Morrison R. Waite.

NOTE.--An error of statement occurs on page 72, Volume I., in regard to the action of the Whig caucus for Speaker in December, 1847. Mr.

Winthrop was chosen after Mr. Vinton had declined, and was warmly supported by Mr. Vinton. The error came from an incorrect account of the caucus in a newspaper of that time.

The translation of the cipher telegrams sent and received by Democratic committees in the Presidential campaign of 1876, is credited on page 500, Volume II., to Mr. William M. Grosvenor. Equal credit should be given to Mr. J. R. G. Ha.s.sard. Both gentlemen belonged to the editorial staff of the _New-York Tribune_. Their joint work cannot be too highly praised.

ERRATA.

[Omitted: all from Vol. I]

THE APPENDICES.

APPENDIX A.

RECONSTRUCTION ACT OF THIRTY-NINTH CONGRESS.

AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES.

_Whereas_ no legal State government or adequate protection for life or property now exist in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore

_Be it enacted, &c.,_ That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed, and for that purpose Virginia shall const.i.tute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; and Texas the fifth district.

SEC. 2. That it shall be the duty of the President to a.s.sign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is a.s.signed.

SEC. 3. That it shall be the duty of each officer a.s.signed as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.

SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and 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.

SEC. 5. That when the people of any one of said rebel States shall have formed a const.i.tution of government in conformity with the Const.i.tution 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 partic.i.p.ation in the rebellion, or for felony at common law, and when such const.i.tution 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 const.i.tution 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 const.i.tution 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 const.i.tution, shall have adopted the amendment to the Const.i.tution 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 Const.i.tution of the United States, said State shall be declared ent.i.tled 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 Const.i.tution of the United States shall be eligible to election as a member of the convention to frame a const.i.tution 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 ent.i.tled to vote, and none others, who are ent.i.tled to vote under the provisions of the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said const.i.tutional amendment.

SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.

AN ACT SUPPLEMENTARY TO AN ACT ENt.i.tLED "AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES," Pa.s.sED MARCH SECOND, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND TO FACILITATE RESTORATION.

_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 ent.i.tled, "An act to provide for the more efficient government of the rebel States," pa.s.sed March second, eighteen hundred and sixty-seven, 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 G.o.d, 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 partic.i.p.ation in any rebellion or civil war against the United States, nor for felony committed 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 Const.i.tution 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 Const.i.tution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me G.o.d;" 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 const.i.tution and civil government for such State loyal to the Union, said convention in each State, except 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 districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid, as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now const.i.tuting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.

SEC. 3. That at said election the registered voters of each State shall vote for or against a convention to form a const.i.tution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words "For a convention," and those voting against such a convention shall have written or printed on such ballots the words "Against a convention." The person appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act: _Provided_, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.

SEC. 4. That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers 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 day from the date of election, shall notify the delegates to a.s.semble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a const.i.tution 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 so framed, said const.i.tution shall be submitted by the commissioner for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof shall be made to the commanding general of the district.

SEC. 5. That if, according to said returns, the const.i.tution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one half of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next a.s.sembling; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the state had an opportunity to vote freely and without restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such const.i.tution meets the approval of a majority of all the qualified electors in the State, and if the said const.i.tution shall be declared by Congress to be in conformity with the provisions of the act to which this is supplementary, and the other provisions of said act shall have been complied with, and the said const.i.tution shall be approved by Congress, the State shall be declared ent.i.tled to representation, and Senators and Representatives shall be admitted therefrom as therein provided.

SEC. 6. That all elections in the States mentioned in the said "Act to provide for the more efficient government of the rebel States,"

shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, ent.i.tled "An act to prescribe an oath of office:"(1) _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.

SEC. 8. 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.

SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867.

AN ACT SUPPLEMENTARY TO AN ACT ENt.i.tLED "AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES," Pa.s.sED ON THE SECOND DAY OF MARCH, 1867, AND THE ACT SUPPLEMENTARY THERETO, Pa.s.sED ON THE 23D DAY OF MARCH, 1867.

_Be it enacted, &c._, That is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, ent.i.tled "An act to provide for the more efficient government of the rebel States," and of the act supplementary thereto, pa.s.sed on the 23d day of March, 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal State governments, and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress.

SEC. 2. That the commander of any district named in said act shall have power, subject to the disapproval of the General of the army of the United States, and to have effect till disapproval, whenever in the opinion of such commander the proper administration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer of person holding or exercising, or professing to hold or exercise, any civil or military office of duty in such district under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or the government thereof, or any munic.i.p.al or other division thereof; and upon such suspension or removal such commander, subject to the disapproval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or person so suspended or removed, by the detail of some competent officer or soldier of the army, or by the appointment of some other person to perform the same, and to fill vacancies occasioned by death, resignation, or otherwise.

SEC. 3. That the General of the army of the United States shall be invested with all the powers of suspension, removal, appointment, and detail granted in the preceding section to district commanders.

SEC. 4. That the acts of the officers of the army already done in removing in said districts persons exercising the functions of civil officers, and appointing others in their stead, are hereby confirmed: _Provided_, That any person heretofore or hereafter appointed by any district commander to exercise the functions of any civil office, may be removed either by the military officer in command of the district, or by the General of the army. And it shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary.

SEC. 5. That the boards of registration provided for in the act ent.i.tled "An act supplementary to an act ent.i.tled 'An act to provide for the more efficient government of the rebel States,' pa.s.sed March 2, 1867, and to facilitate restoration," pa.s.sed March 23, 1867, shall have power, and it shall be their duty, before allowing the registration of any person, to ascertain, upon such facts or information as they can obtain, whether such person is ent.i.tled to be registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide that he is ent.i.tled thereto; and such board shall also have power to examine, under oath, (to be administered by any member of such board,) any one touching the qualification of any person claiming registration; but in every case of refusal by the board to register an applicant, and in every case of striking his name from the list as hereinafter provided, the board shall make a note or memorandum which shall be returned with the registration list to the commanding general of the district, setting forth the grounds of such refusal or such striking from the list: _Provided_, That no person shall be disqualified as member of any board of registration by reason of race or color.

SEC. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person who has been a member of the Legislature of any State, or who had held any executive or judicial office in any State, whether he has taken an oath to support the Const.i.tution of the United States or not, and whether he was holding such office at the commencement of the rebellion, or had held it before, and who has afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is ent.i.tled to be registered or to vote; and the words "executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by law for the administration of any general law of a State, or for the administration of justice.

SEC. 7. That the time of completing the original registration provided for in this act may, in the discretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power, and it shall be their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of five days, the registration lists, and, upon being satisfied that any person not ent.i.tled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications required by the same act who have not been already registered; and no person shall, at any time, be ent.i.tled to be registered or to vote, by reason of any executive pardon or amnesty, for any act or thing which, without such pardon or amnesty, would disqualify him from registration or voting.

SEC. 8. That section four of said last-named act shall be construed to authorize the commanding general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appoint another in his stead, and to fill any vacancy in such board.

SEC. 9. That all members of said boards of registration, and all persons hereafter elected or appointed to office in said military districts, under any so-called State or munic.i.p.al authority, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for officers of the United States.

SEC. 10. That no district commander or member of the board of registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of any civil officer of the United States.

SEC. 11. That all the provisions of this act and of the acts to which this is supplementary shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out.

AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868.

AN ACT TO AMEND THE ACT Pa.s.sED MARCH 23, 1867, ENt.i.tLED "AN ACT SUPPLEMENTARY TO 'AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES,' Pa.s.sED MARCH 2, 1867, AND TO FACILITATE THEIR RESTORATION."