, 1867-04-05
The Military Government BiIl,

The following is the Military Govern ment Bill
as it became a law:
A Bill to provide for the more efficient govern.
ment of the insurrectionary States:
WHEREAS, The pretended State Governments
| OF the late so-called Confederate States of Vir,
ginia, North Carolina, South Carolina, Georgia,
Mississippi, Alabama, Louisiana, Florida. Texas
| and Arkansas, were set up without the AUTHORITY
of Congress and without the sanction of the pso-
plei and
WHEREAS, The so pretended Governments af-
ford no adequate protection for life or property,
and countenance and encourage lawlessness and
crime aud
WHEREAS, 1t is necessary that peace and good
order should be enforced in the so-called States,
until loyal and republican State Governments
can be legally established. Therefore
BE IL enacted by the Senate and House Of Repre-
seHtdfiUes Of the United States Of 4Amsrier in Cons
grese assembled, That the so>called Confederate
States shall be divided into military districts
and made subject to the military authority Of
the United States, as hereinafter prescribed
and for that purpose Virginia shall constitute
the Ist Distric., North Carolina and South Car
olina the lid District, Georgia, Alabama and
Florida the lid District. Mississippi and Ar>
kansas the lVth District, and Louisiana and
Texas the Yth District.
SIC. 2. And be ii further enacted, That it shall
be the duty ofthe General of the Army to assign
hcer of the Regular Army, not below the rank
of Brigadier General, and to detail sufficient
military force to enable such officer to perform
his duties and enforce his authority in the Disu
trict to which he is assigned.
Sec. 3. And be it further enacted That it shall
be tne duty of each officer as signed as aforesaid
to protect all persons in their rights of person
or property, to suppress insurrection, disorder,
and violence, and to punish or cause to be pun
ished all dSturbers of the public peace and GRIM
inalsj and TO this end be may allow local civil
tribunals to take Jurisdiction of and to try or
fendSU, or when, in bis Judgement, it may BE-
necessary for the trial of offenders, be shall have
power to organize military commissions or trib-
unals for that purpose, anything in the eonSti<
tuition or laws of the so>called States to the
contrary Notwithstanding; and all legislative
and judicial proceedings and processes TO pre-
vent or control the proceedings of said military
tribunals, and all interference by said pretended
State Governments with the exercise Of military
authority under this Act, shall be void and of
no effect,
Sec. 4. And be it further enacted, That the =
Courts and Judicial officers of the United States
shall not issue writs of haheas corpus in behalf
Of persons in military custody, except in cases
in which the person is held to answer only for
a crime or crimes exclusively within the juris-
diction of the Courts of the Uuited States within
said military districts therein, or unless some
commissioner or ofhcer on duty IN the olstrlct
wherein the person is detained shall indorse
upon said petition a statement certifying, upSn
honor that be has knowledge or Information as
to the cause and circumstances of the alleged
detention, and that be believes the same to be
wrongful; and, further, that be believes that the
indorsed petition is preferred in good faith and
10 furtherauee of justice, and not TO hinder or
delay the punishment Of erims. All persons put
under military arrest by virtue of this Act, shall
be tried Without unnecessary delay, and no cruel
or unusual punishment shall be inflicted.
Sec. 5. And be IL further enacted, That no sent
ence of any military commisSiori or tribunal,
hereby authorized affecting the life or property
of a1y person, shall be executed until it is ap>
proved by the superior officer in command of
the district; and the laws and regulations for
the government OF the army shall not be affected
by this Act, except in go far as they conflict
with its provisions.