The Van Buren press., 1867-03-01
Militarv oovsrnment sor the sou,h.

the House, on the 18th ult. for creating mill
tary governments tor the South. The final
vote In House was 100 yeas to IS nays:
Mr.. Stevens reported the following from the
Reconstruction Committees bill TO provide
for more efficient government ofinsurrection-
AIRY States.
r WHEREAS, The pretended State Govern
ments of the late so-calied Confederate States
of Virginia. North Carolina, South Carolina
Georgia, Mississippi Alabama, Louisiana
Florida, Texas and Arkansas were got up
without authority ofCongress and without the
sanction Of the people, and,
WHEREAS, The so pretended Governments
afford no adequate protection for life or prop
erty, and encourage lawlessness and crime I;
and
WHEREAS, II Is necessary that peace and
good order should be enforced In the so-called
States, until loyal State Governments can be
legally established:
hereyOre, be IL enacted by the Senate dsd
House Of Representatives., That the so-called
States shall be divided into military districts
and made subject to the military authority OF
the United States. hereinafter prescribed. and
for that purpose Virginia shall constitute the
first distfict; North Carolina and South Caro-
lima the second district Georgia, Alabama and
Florida the third district; Mississippi and Ar
kansas the fourth district; and Louisiana and
Texas the fifth district. ..r
2l That IL shall be the duty of the general
OF the army to assign to the command of each
OF said Districts an officer of the Regular Ar
my, not below the rank of Brigadier General,
to detail sufficient military force TO. enable
such to perform his duties and enforce his au-
thority in the District to which he is assigned.
81. That it shall be the duty of each officer
assigned as aforesaid, to protect all persons
in the rights Of persons and property, to sup
press insurrection and violence and to punish
or cause TO be punished, all disturbers of pub
lie peace and criminals, and to this end he may
allow civil tribunals to take jurisdiction and
try offenders, and when, in his judgement, il
may be necessary for trial of offenders, lac
shall have power t. organize military COM
missions or tribunals for that purpose, any
thing in the courts and laws of the so-called
States to the contrary Notwithstanding, and
all legislative or judicial proceedings or pro-
cesscs to prevent or control the proceedings
Of said military tribunals. and all interference
by said the pretended State government with
the exercise of military authority under this
act. shall be void and of no effect.
18th. That Courts and Judicial officers ofthc
United States shall not issue wrts of habeas
corpus In bchalfOf persons in military custo-
in the district where the person is detained,
shall indorse upon said petition, and state
ment certifying upon honor, that he has knowl-
edge or information. a. to the causes, and cir
cumstlnces of the alleged detention. and that
he believes the same to be wrongful and far
ther, that he believes that the indorSed petit
tion is prepared in good faith in furtherance
of Justice, and not to hinder or delay punish
ment of crime All persons put under militia
~ arrest, by virtue OF this act, shall be tried
without unnecessary delay, and no cruel or
unusal punishment he inflicted.
No sentence of any military commission or
tribunal hereby authorized, affecting the life
or liberty of any person, shall be executed un-
til approved by the superior officer in COM
mand of the district, and the laws and regua-
tions for the government ofthe army shall not
be affected by this act, except in so far as they
conflict with its provisions.
On the 10th. the House BILL come up in the
Senate, and after protracted and animated
discussion the following substitute offered by
Mr.. Sherman, was passed:
WHEREAS, no legal State Government or
adequate protection for life or property now
exists in the rebel States of Virginia, North
Carolina South Carolina, Geargia, 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
Section |. That said rebel States shall be di-
vided into military districts, and made subject
to the military authority of the United States
as hereafter prescribed; and for that purpose,
Virginia shall constitute the first district
North Carolina and South Carolina the second
i; al l,ho o,,A do tbn
third district: Mississippi and Arkansas the
fourth district: Louisiana and Texas the fifth
district
See. 2. That it shall be the duty Of the Pres-
dent to assign to the command of each'of said
districts an officer of the army not below the
rank of Brigadicr General and to detail suf-
ficient military force to enable such officer to
perform his duties and enforce his authority
within the district to which he is assigned.
Sec. 3. That it shall be the duty of each Of
1iccr assigned as aforesaid to protect all per-
sons in their rights of persons and property.
to suppress insurrection, disorder and vio-
lence, and to punish or cause to be punished
all disturbers of public peace and criminals
and to this end he may allow loyal civil tribu'
nails to take jurisdiction of and try offenders
or where, in his'iudgement, it may be neces-
sary for trial Of Offenders, he shall have power
to organize military commissions or tribunals
for that purpose. and all interference under
cover 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 with
out unnecessary delay. and no cruel or un-
usual punishment shall be inflicted, and no
sentence of military commission or tribunal
hereby authorized affecting lite or liberty of
any person shall be executed until it is APP
proved by the officer in command Of the dis
trict and the laws and regulations for the
government of the army shall not be effected
by this act. except in so far rs they may con-
tlct with its provisions.
Sec. 5. That when the people OF any one of
said rebel States shall have formed Constitu-
ton in conformity with the Constitution of
the United States in all respects framed by II
Convention OF delegates elected by the persons
who may vote upon the ratification or rcjec-
ton thereof rs hereinafter provided, and
when said Constitution, so framed, shall have
been ratified by a majority of male citizens of
said State 81 years old and upward, of what
ever race, color or previous condition of serv-
itude, who may have been q resident in said
State for one year previous to the day of vot-
ing on the question of ratifying such Consti-
tuition. except such rs may be DISTINGUISHED