The Portland daily press., 1867-02-07
the New PAN of Reconstruction.

their Association, express the opinion that un-
der its provisions they can establish and main
tain loyal governments in their States. The
bill has been reported to the House by Mr. Ash
ley, Chairman of the Committee on Territories |
and is entitled "An Act to guaranty repubh-
can form of government to the States OF IeN'is'
Louisiana, Arkansas, Mississippi, Alabama
Georgia, North Carolina South Carolina, Nir-
ginia and Florida" The preamble reads as
follows:
Wbereas Tn the wears 1860 and 1861, the in
bahitsnts IF the States of Texas, Louisiana,
Arkansas Mississippi, Alabama, Georgia,
North Carolina South Carolina, Virginia and
FLORIDA changed the Constitutions of their re-
spectiye States in such wise as to make them
repugnant and hostile to the Constitution of
the United States; and .- IA 4
Whereas, BY certain acts of the Congress of
the United States, the inhabitants of the States
aforesaid were declared to be in state of ipsur-
rection against the United States, which acts
of Congress have never been repealed and are
still in force; and
Whereas, The inhabitants of the States afore-
sald maze war upon the United States, We're
defeated, and surrendered themselves under
the rules aud usages ofwar; and
WheredS, The msuTgent inhabitants of the
states aforesaid, at the time of their surrender,
were without State Governments republican
IN form and in harmony with the Constitution
of the United States, and, as an insurgent pop
ulation, were without authority to form State
Governments, or to perform any other politii
cal functions of right belonging to Loyal citir
zens, and must SO continue until releVed Oh
their disabilities by the law-maklng power OF
the United States:
Sec l. Provides that the executive power of
the States shall be vested In Governor, who
shall mold office during one year, unless sooner
removed by the President of the United States
by and with the advice and consent of the Sem
ate; he shall be at least thirty years of age, and
shall not be among the number of those who
signed the ordinance of secession in any State
or who have held any Office of honor profil or
trust, whether military or civil, under the Gov
ernment OF the so-called Confederate States.
or under any OF the States aforesaid of which
the inhabitants were declared to be in n state
OF insurrectlon, OF under any power or author
1ty derived from the said Confederate States,
or SAID lnsurrecdonary States; and before the
nomination OF said Governor shall be acted
upon by the Senate his affidavit must be sent
In TO that body, declaring that he does not be-
long TO any OF the classes stated above
Sec. z. Provides that the Governor shall be
Chief OF the militia and gives
nm power IN connection with the Legislative
council OF the State to grant pardons for po-
htleal offences, to appoint and commission
officers OF the militia, and that he shall care
fully execute the laws of the State.
Sec. 3. Defines that from and after the
passage of the act the militia OF each of said
States shall consist of all able-boded men not
exempt by law, over the age OF eighteen with
out distinction of color or race. .s. 'Iof IN
Sect Vests the legislative power OF each of
the states in the Governor and thirteen of the
most fit and discreet persons" to be al pointed
by the President from among the residents of
the State who have lived there for more than
year, possessing the same qualifications as the
Governor, and confirmed by the Senate. -Gd
Sec. D. Provides that all State officers shall
be'ei European descent, thereby casting off
the freedmen from participation IN the organiZ-
alton OF the State governments. f.-4 .r..
Sec. q. Prohibits the assemblage of any
legislative body i'll any of the States, except
the Council provided Tor in the act itself, and
provides that the local governments OF the
political corporations now existing in said
STATES may continue, until otherwise ordered
by Congress or the Legislative Council.
Sec.7. Provides that all the executive and
judicial officers now serving in said States
shall continue TO act until otherwise ordered
as in The preceding section .,.i..a. g. =
Sec. 3. AbroSates all laws, regulations and
ordinances OF the political organizations of
said States since the date ot the ordinance of
secession and the proceedings of the seeding
Conventions. 1t provides that the Governor
and Council shall have power to revise and
declare in force all such acUs as they may deem
necessary, excepting such as are contrary to
the Constitution and laws of the United
States, and such as inconsistent with
the equality OF all men before the law
without distinction of color, and those provid-
iding for the payment of rebel debts pensions,
sc. ~ - ..-... q 3 :.
Sec. 9. Empowers the Governor and Council
to pass laws the same as a regular State
Legislature, which shall be deemed valid and
enforced until disapproved by Congress.
Sec. 10. rovides 1or appointment to offices
where vancacies may be created by deaths, res
lgnatlon, or other cause, by the Governor with
the consent OF The Council, whether said office
has heretofore been filled by popular election or
otherwise; and Immediately uponsllis enJering
on the discharge OF the duties of his office the
Governs orIn each State shall call upon every Off
HnaS rata ,.l,t,., .,eI...
and Judiciary departments, and i'll the political
corporations of the State to take and subscribe
an oath that he does not belong to any Of the
classes from among which the Governor can
not be chosen, which affidavit must be fled
in the ONCE OF tne Secretary of Stale in each
State, or person performing his usual functions
in each state, within sixty days after the public
proclamation of the Governor calling upon
them 10 take said OATH and If not filed witnir
SIXTY days oy any officer, he shall he thereby
rendered incompetent to perform the duties
of his office, anu all his acts shall be treated as
null ana yold; and the person offending, by
performing such acts, shall be liable, on con-
vIction, before competent Court, to fine OF
not more than $500 and imprisonment for not
more than one year. --l" aEf + tFHi 81
Sec. IL. Provides that all judgments and de-
crees OF Courts which have not been volunrari-
ly executed, and which have been rendered
subsequent to tue date of the ordinance of Sc
ceSSon IN each State, respectively, shall be
subject to appeal TO the highest Court in the
State organized after the State shall be admit
ted again by Congress into the Union; but no
such appeal shall be allowed, unless the mo-
ton for the same shall have been lodged in the
Court, or clerks office of the Court IN which
the decree was rendered, within sixty days at
ter the Governor appointed under the provis-
ions OF TINS act shall have entered upon the
discharge of the duties of his office, ana 1or all
Judgments rendered subse quent to the said
date, within SIXTY days after the same have
been rendered. .+t ..
Sec. IL. Provides that Grand and Petit Ju-
rors shall be drawn and empaneled as hereto-
fore, but no person who knows how to read the
English language shall be disqualified as a Ju-
ror ON account of race or color and Jurors shall
be citizens OF the United States over twenty
five years OF age. f -,t+' 5 /
Sec. 1S. Provides that the salary of the Gov
ernor shall be $1,000 year, and the members
of the Council $4,000, to be paid out OF the
Treasury of the United States. The salaries of
other officers shall remain the same now
provided for. is. fHa .tGi. 3ltiillH-.H
Sec. a. Provides that as soon as it shall be-
come apparent TO Congress that the people OF
any OF the sand States have sufficiently return
ed to their obedience to the laws and Consti-i
tuition OF the United States, it shall pass Joint
resolution to that effect, and arrange it for a
registration of voters without regard to race or
color. I .....Y -.I.d ...
SEC. 15 Provides that on the completion of
these enrOlments, the Governor shall invite all
persons whose names appear thereon to attend
within delay oftnirty days from the date of the
Governors proclamation, before the said Den
uty Marshals, and declare on OATH that they
are loyal citizens of the United States and
that thcy desire to form State government
loyal to the United States, and founded on the
recognition of equality before the law of ali
men, without distinction Of race or color; and
If 1t shall appear that such voluntary declara-
tions have been made by number of persons
equal to two-thirts of the whole number of
votes cast at the Presidential election of the
year 1860 IN said State, OR in case in any State,
Presidential electors were not chosen by pom
ular vote, then number equal to two-thirds
of the aggregate votes cast at the election of
the members of the Legislature next preceding
said Presidential election, the Governor shall
then order an election to be held in each coun-
" or parish, for members of convention to
frame a State Constitution which election
shall be he'd in not less than sixty nor more
V'n nlnr'y days from the date of jssuing fine
said proclamation.
De-. ~. r1ovldes that in each State the Con
sttutlonl Convention shall consist of tha
same number OF members as the Convention
ior framing or amending the Constitution
held last prior to 1860, and that the election
Shall be conducted according to the law in ev
lstence at that time, and the returns made as
therein directed, the whole subject to sueb
changes as the Governor and Legislative Conn
cIl may deem proper; but one shall be ex.
cluded from eligibility to said convention by
reason of has race or color; Provided, He can
read and write the English language and
PrOUided He be not among the number of
those classes from which, by this act, the Gov
ernor and Councilc cannot be chosen; no one of
which classes shall be eligible.