The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-03-20
4oth cosGREss---lst SESSION.
IN THE SENATE OF THE UNITED STATES,
MARCH 6, 1867.
A BILL.

IN THE SENATE -Or fAH o&sA~<sS SA>A 81
49,, MARCH 8, 1857.
A BILL,
To guarantee republican form Of government
in Virginia, North Carolina, South Carroll
ma, Georgia, Florida, Alabama, Mississippi,
Louisiana, Arkansas, and Tsras, and topro-
eide for the restoration Of these States to
practical relations Nth the Union.
INTRODUCED BY MR.. SUMNER, OF MAssA-
cHUsErTs.]
Whereas In the years eighteen hundred
and sixty and eighteen hundred and sixty
one. the inhabitants of Virginia. North-Car-
DINA, South Carolina, Georgia, Florida, Ala
bama, Mississippi, Louisiana, Arkansas, and
Texas changed their respective constitutions
SO as to make them repugnant to the CoUti-
tuition of the United States and achersas the
inhabitants of these States made wDr upon
the United States, and after many battles
finally surrendered, under the rules and
usages of war; and aohereas the inhabitants
of these States. at the time of their surrender,
were without legal State governments, and,
as rebel population, were without authority
to form legal State governments, or to exer-
else any other political functions belonging
to loyal citizens, and they must 30 continue
until relieved Of such disabilities by the law
making power of the United States and
aohereas it belongs to Congress, in the dis
charge of its duties under the Constitution,
to secure to each of these States republican
form of government and to provide for the
restoration of each to practical relations with
the Union and achereas, until these things
are done, it is important that provisional
governments should be established in these
States with legal power to protect good cit
liens in the enjoyment of their rights and to
watch over the formation OF State govern
ments so that the same shall be truly loyal
and republican Therefore,
Be It enacted BIZ the Senate and House Of
Representatives Of the United States Of Ameri
ga in Congress assembled That the provis-
ional governments hereby constituted shall
begin on the fourth Monday next after the
date of this act, and shall continue until su-
perseded by permanent governments created
by the people OF these States respectively,
and recognized by Congress as loyal and re-
publican.
Sec. 2. And be 1t further enacted, That
the executive power in each of these States
shall be vested in governor, who shall be
nominated by the President and appointed
by and with the advice and consent of the
Senate, and who shall hold his Office during
one year. unless sooner removed by and with
the advice and consent of the Senate, or su-
perseded by the termination of this act. Fe
shall take care that the laws are faithfully
executed. He shall have power by and with
the advice and consent of the legislative
council established by this act to- appoint
and commission all officers, civil or military,
now recognized by the existing government
of the State or which may be hereafter au-
thorized by law, and also to grant pardon
for offences against the laws of the State
Sec. 8. And be 1t .turther enacted, Thatthe
legislative power in each of these States
shall be vested in the governor and in thir-
teen of the most fit and discreet persons of
the State who have resided at least one year
therein, to be called the legislative council
The members of the legislative council shall
be nominated by the President and appoint
cd by and with the advice and consent of
the Senate. and they shall hold their offices
for one year, unless sooner removed by and
with the advice and consent of the Senate
or superseded by the termination of this act.
And the governor and legislative council in
each state shall have power to pass laws not
inconsistent with the provisions of this act,
and all such legislation shall be valid until
disapproved by the Congress of the United
States. rf
Sec. 4. And be it further enacted, That no
person shall be governor CT member of leg.
islative council who is not citizen of the
United States, and who cannot truthfully
take the oath prescribed by the act of Con-
gress of second July, eighteen hundred and
sixty-two; and before entering upon the du-
ties of his Office he shall take and subscribe
this oath, and also the oath to maintain
republican form of government as is herein
set forth. And no person shall be disquali-
fed from being governor or member of the
legislative council, or from holding any 9TH
er office whatever in any of these States be-
cause he is of any other than European de-
scent
Sec. 5. And be 1t further enacted, That the
oath to maintain republican form Of gov
eminent shall be as follows: II do hereby
swear Tor affirm that will at all times use
my best endeavors to maintain republican
form of government in the State of which 1
am an inhabitant and In the Union of the
United States; that will recognize the in
dissoluble unity of the republic, and will
discountenance and resist any endeavor to
break away or secede from the Union; that
I will give my influence and vote to strength
en- and sustain the national credit; that l
will discountenance and resist every attempt
directly or indirectly, to repudiate or post
pone, in any part or in any way, the debt
which was contracted by the United States
in subduing the late rebellion, or the obliga-
tions assumed to the Union soldiers; that I
will discountenance and resist every attempt
to induce the United States or any State to
assume or pay any debt or obligation incur
red in aid of rebellion against the United
States or any claim for the loss or emanci-
patton of any slave; that will discounten-
ance and resist all laws making any distinc-
ton of race or color; that I will give my
support to education and the diffusion of
knowledge by public schools open to all,
and that in all ways will strive to main
tain State government completely loyal to
the, Union, where all men shall enjoy equal
protection and equal rights"
Sec. 6. And be it further enacted, That no
person shall hold any Office, civil or military,
under this act, who is included in any of the
following classes, namely:
First Persons who, as officers, civil, mill
tary, or naval, of the United States, or of
any State, have, at any time, taken an oath
to support the Constitution of the United
States, and afterwards engaged in rebellion
against the same, or gave aid and comfort to
the enemies thereof
Secondly. Persons who were educated at
the Military or Naval Academy of the Uni
ted States, and afterwards engaged in rebell-
ion AGAINST the same or cave aid and COM.