Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-12-23

Hs.ii
=; Bat nothing herein contained shall b
~ held 70 impair any other remedy nov
/ existing by h05eGs corpus or otherwise.
e SEC. B. And be IL further enacted, THAI
+ in further enforcement of the provision
G OF the Constitution prohibiting slavery
J. and IN order TO remove all relics OF thli
4 wrong from the States where this consti
tuti0nal prohibition takes effect it il
4 hereby declared that all laws or custom.
n in such States establishing any 0ligarchi
q cal privileges, and any distinction O
II rights on account Of color or race are
. hereby annul!ed, and all persons in suci
y States are recognized As equal before The
4 law and the penalty provided IN the
! last section are hereby made applicable
a to any violation Of this provision, which
Z is made in pursuance of the Constitution
Of the United States.
SEC. l. Ind be Il further enacted,
n That in further enforcement Of the pro-
vision of the Constitution aforesaid, the
i courts Of the United States in the States
s aforesaid shall have exclusive jurisdiction
{ of all offences committed by persons not
= Of African descent upon persons Of Afri-
can descent; also of all offences commit
ted by persons Of African descent; and
I also Of all causes, sales, and demands to
: which any person of African descent
/ shall be a party; and it is hereby de-
clared that all such cases are to be treated
as eases arising under the Constitution
Z of the United States.
Summers big bIil-To enforce the guarantee OF
republican form OF government in certain
states whose governments have been usurped
Be IL enacted 5y the Slslate and House
oJ Representatives of the Uated States
0f Aulerica iR Congress assembled That
F iu TIE states lately declared in rebellion
against the United States, the President
shall, by and with the advice and consent
? OF the Senate, appoint for each a PrOvi-
si0nal Governor, with pay and em0lu-
ments not exceeding those of {. Brigadier-
General Of Volunteers, who shall be
charged with the civil administration Of
such State, until a State government
I therein shall be recognized as hereinafter
provided.
SEC. >. A7d be Il further enacted, That
the provisional governor of each of such
States shall direct the marshal of the
United States, as speedily as may be, TO
name a sufficient number Of deputies
and 10 enroll all male citizens Of the Uni
ted States resident in the State n their
respective counties, and to request each
one to take the oath to support the Con-
stituti1n Of the nited States, and the
oath 70 maintain a republican form of
government and in his enrolment TO
designate those who take and those who
/ refuse 10 take the oath, which rolls shall
be forthwith returned TO the provisional
governor; and if the persons taking the
Oaths shall amount to a majority Of the
7 persons enrolled in the State, he shall,
. by proclamation, invite the loyal people
Of the State to elect delegates 70 a con-
vention charged 10 declare the viii Of the
people of the States relative to the re-es-
/ adjustment Of State government, sub
iect to and in conformity with the Con-
stimtion Of the United States.
I SEC. 8. Ind Be Il further enacted, That
/ the oath 70 maintain a republican form
} of government shall be as follows Il do
hereby swear Ior affirm that I will, at
all times hereafter, use my best endeav-
Ors 10 maintain 4 republican form Of
government in the State of which lam an
inhabitant and in the Union of the United .
States; that [ viii, at all times, recog- (
nze the indissOluble unity Of the republic, (
and will always discOuntenance and resist .
any endeavOr to break away or secede .
from the Union; that viii give my infiu-
ence and vote, at all times TO strengthen .
and sustain the national credit; that I .
will always discOuntenance and resist
any attempt, directly or indirectly, 70
repUdiaJe Or postpone, in any part or in
any way, the debt which was contracted
by the United States in sUbdUing the late
rebellion, or the obligations assumed 70
the Union soldiers; that I viii always
discOUntenance and resist any laws
making any distinction Of color or race; I
and that in all ways / viii strive 70
maintain State Government completely
l0yal to the Union, where all men shall
enjoy equal protection and equal rights
SEC. l. Ind be Il further enacted, That
the convention shall consist of as many
members q both houses of the last con-
stitutional State Legislature, appOrtiOned
by the Provisional Governor among the
counties, parishes OF districtsof the State,
in proportion to the population returned
as electors by the marshal, in compliance
with the provisions of this act The Pro-
visional 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, - nearly
"a may be convenient, to places used in
the State elections next preceding the Z
rebellion appoint one OF more commits {
siOneTs 70 hold the election at each place {
OF voting, and provide an adequate ,
force TO keep the peace during the elec, :
ton.
SEC. ). And BE- t further saaeted. That {
the delegates shall be elected by the loyal
male citizens of the United States OF the I
age Of tWenty-one years, aud resident at
the time in the county, parish, or district ,
in which they shall offer to vote, and en- ,
relied as Aforesaid, OF absent in the mill, ]
tary service Of the United States, and ,
who shall take and subscribe the oath Of {
allegiance TO the United States in the ,
form contained in the act OF Congress OF {
July second, eighteen hundred and sixty
Two, and the before recited oath TO ms in
tain republican form Of government.
and all such citizens Of the United States f.
who are IN the military service OF the J
United states shall vote Al the head {
quarters OF their respective commands Z
under such regulations as may be pre- {
scrlieu oY the Provisional Governor for I {
the taxing and return Of their votes; but
no person who has held or exercised anv {
Office OlVll or military, State or other !
wise, under the rebel usurpatiOn. or who +
has voluntarily borne arms against the I
United states, shall vote or be eligible to J
he elected as delegate a. such election.
SEC. 9. Ind b C ttJ5ythes enacted, That :
the commissioners, or either Of them, /
shall mold the election in conformity {
with this act, and, so far as NAV be con !
sistent herewith, shall proceed in the
manner used in the State prior 20 the
rebellion. The oath of allegiance and
the oath 70 maintsia republican form q
OF governments shall be taken and sub q
scr!A5G on the poll book by every voter
IN the form above prescribed, but every q
person Known by or proved 10 the com I
mlssloners % nave held or exercised any
Cfipe, civil or military, State or other (
wise, under the rebel usurpation. or / [
10 have voluntarily borne arms against {
the United States shall be excluded ;
though he offer 10 take the oath: and in {
case any person who shall have borne {
arms against the United STATES shall Of I
Ter TO vote he shan he deemed To have q
borne assAis voluntarily unless he shall {
prove the contrary 6y The testimony of q
qualified voteF f,he poll book showing i
the pasue and cath Of each voter shall be { G
returned 10 the Provisional Governor bv ( q
the commissioners of election OF the one I q
acting, and the Provisional Governor ( '
shaA canvas such returns, and declare T
The person having the highGst number Of I
votes elected. :
SEC. !. A,.si b. II further enacted. That S
the Provisional Governor shall, by proc T
convene the delegates elected {
as Aforesaid, at the capital of the State, ,
on day not more than three months
aIter the election, giving al least thirty
days notice Of sUah day. Ia case the
capital shall, m his judgment, be unfit,
he shaii, in his proclamation, appoint '
another place. He shalipreside over the
deliberations Of the convention, and adj
80 each delegate, before taki5p,
hIs seat IN the convention, the oath az AZ
legiance 70 the United Statsa and The
oath 10 maintain republican form of
government, IA the form above pre-
scribed.
SIC 5. ind be y further enacted. That
the Convention shall declare, on behalf {
of the people Of the State, their submis- ,,
sion TO the Constitution and laws of the
United States and the execution Of the {
Constitutional duty to guarantee a repub-
ican form Of government 20 every State,
and incorporate them in the Constitution
0f the state, that is b say:
First. No person who has held or ex-
ercised any Office, civil or military, ex-
eept offices merely ministerial, and mill
AIRY Offices below the grade Of colonel,