The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-03-13


The Military Government Act
AND THE
Constitutional Amendment Referred Tc
The Military government bill having be
come the law of the land, we republish ii
below, together with the pending constitu.
tional amendment to which it refers:
Whereas, No legal State government OF
adequate protection for life or property
now exists in the rebel States of Virginia
North Cafolina, Sohth 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 10y.
al and republican State governments can
be legally established therefore,
BE ii enacted By ihe Senate and House
Of Representatives Of the United States OF
america In Congress assembled, That
said rebel States shall be divided into mill
tary districts, and made subject to the mil
itary authority of the United States, as
hereinafter described, and for that purpose
| Virginia shall constitute the first district
North and South Carolina the second dis.
trict; Georgia, Alabama and Florida the
third district; Mississippi and Arkansas
the fourth district, and Louisiana and Texas
the fifth district.
SEC. 2. Aadbe 1t fuvlher enacted, That
it shall be the duty of the President to as
sign to the command of each of said dis
tricts an officer of the army not below the
rank of brigadier general, and to detail a
sufficient military force to enable such Off
Ger to perform his duties and enforce his
authority within the district to which he is
assigned.
SEC. 8. And be ii further enacted That
it shall be the duty of each officer assigned
as aforesaid to protect all persons in their
rights of person and property, to suppress
instruction, disorder and violence; and to
punish, or cause to be punished, all dis
turbers 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 com
missions or tribunals for that purpose and
all interference under color Of State au-
thority with the exercise of military au-
thoritY under this act; shall be null and
void. + 4
SEC. 4. And be IL farther enacted, That
all persons put under military arrest by
virtue Of this act, shall be tried without ufi-
necessary delay, and no cruel or unnecessary
punishment shall be inflicted; and no SEN
tence Of any military commission Or tribu-
nal hereby authorized, affecting the life Or
liberty of any person, shall be executed un-
til it is approved by the officer in COM
mand 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
Prorided, That no sentence of death I'm
der this act shall be carried into effect
without the approval of the President.
Sec. 5. Aad be Hfugther enacted, That
when any Of the people Of said rebel States
shall have formed a constitution of govern.
ment in conformity with the constitution
of the United States in all respects, framed
| by convention of delegates elected by the
male citizens of said State twenty one
years old and upward, Of whatever race or
lcolor, 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 participa-
ton in the rebellion, or for felony at COM
mon law, and when such constitution shall
provide that the elective franchise shall be
enjoyed by all such PERSONS as have the
qualifications herein stated for election of
delegates and when said constitution shall
be ratified by g majority of the persons vo-
ting on the question Of ratification, who
are qualified as electors for. delegates, and
when such constitution shall have been
submitted to Congress for examination
and approval, and Congress shall have ap-
proved the same, and when said State, by a
vote gifts legislature elected under said
constitution, shall have adopted the amend
ment to the constitution of the United
States, proposed by the Thirty ninth Con-
gress, and known as article fourteen, and
when said article shall have become a part
of the constitution of the United States,
said State shall be declared entitled to re-
presentation in Congress, and Senators
and Representatives shall be admitted
therefrom on thier taking the oath pres
cribed by law, and then and thereafter the
preceding sections of this bill shall be in
operative in said State: Procided, That
no person excluded from the privilege of
holding office by said proposed amendment
to the constitution of the United States
shall be eligible to election as member of
the convention to frame constitution for
any of said rebel States, nor shall any such
person vote for members of said conven-
ton.
SEC. 6. And be ii further enacted, That
until the people of the said rebel States
shall be by law admitted to representation
in the Congress of the United States, any
civil government which may exist therein
shall be deemed provisional only, and in all
respects subject to the paramount authori-
ty of the United States at any time to
abolish, modify, control or supersede the
same; and in all elections to any Office un-
der snch provisional government, all persons
shall be entitled to vote, and none other,
who are entitled to vote under the pro-
visions of the fifth section ofthis act; and
no person shall be eligible to any Office
under any such provisional governments
who would he disqualified from holding
Office under the provisions of the third
article of said constitutional amendment.
CONSTITUTIONAL AMENDMENT.
The following is the proposed constitu-
tional amendment referred to in section
Eve:
ARTICLE XIV. -
SECTION l. All persons born or natural
lied in the United States and subject to
the jurisdiction thereof are citizens of the
United States and of the State wherein they
reside. No State shall make or enforce
any law which shall abridge the privileges