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CONGRESS, UNITED STATES. 



and to the perpetual union of the States thereunder, 

 and that he is one entitled to the benefits of the pro- 

 visions of this section. And such person shall more- 

 over take, and upon such records subscribe, an oath 

 or affirmation declaring that to be true which by this 

 section is required to be proved, and that he will 

 thereafter faithfully support the Constitution of the 

 United States and the. perpetual Union of the States 

 thereunder. 



SEC. . That the following persons shall not be 

 entitled to the benefits of the provisions of the sec- 

 ond and third sections of this act, namely : 



1. Persons who, either as United States or State 

 officers, civil or military, have at any time taken an 

 oath of office to support the Constitution of the 

 United States, and who afterward voluntarily en- 

 gaged in or in way gave aid or encouragement to 

 the rebellion against the United States. 



2. Persons who were educated at the Military or 

 Naval Academy of the United States, and who after- 

 ward aided the rebellion as aforesaid. 



3. Persons who were either executive or legis- 

 lative officers or members of the so-called " Con- 

 federate States of America," or who were foreign 

 ministers, ambassadors, or agents thereof. 



4. Persons who, during and in aid of the late re- 

 bellion, engaged in any guerilla, predatory, or secret 

 warfare or other services hostile to the United 

 States, and which is prohibited by the usages of 

 civilized warfare ; or who were guilty of, or in 

 whole or part responsible for, any cruelties prac- 

 tised against the prisoners of war of the United 

 States which are prohibited by such usages of war. 



5. Persons who were the authors, publishers, or 

 editors of any book, pamphlet, periodical, or news- 

 paper which advocated and encouraged the waging 

 of the late war of rebellion against the United 

 States. 



SEC. . That whenever any person's right to 

 hold office or to vote under the provisions of this 

 act shall be challenged or called in question, and it 

 shall be made to appear to the officers of election or 

 others having the matter to decide, either by the 

 oath of the person challenged or by other evidence, 

 that the person challenged in fact did any act the 

 voluntary doing of which works the forfeitures de- 

 clared by this act, then, in all such cases, such act 

 shall, prlma facie, be deemed to have been done vol- 

 untarily ; and it shall devolve upon the person chal- 

 lenged to prove to the satisfaction of the tribunal 

 having, the matter to decide, and by the evidence of 

 persons who have always borne true allegiance to 

 the United States, such facts as shall satisfy such 

 tribunal that such acts of disloyalty were invol- 

 untary. 



SEC. . That this act shall not be held to affect or 

 modify the provisions of the first section of the act 

 of July 2, A. D. 1862, prescribing an oath of office to 

 be taken by all officers of the United States. 



The bill, as modified, was then referred to 

 the Joint Committee on Reconstruction yeas 

 88, nays 65. 



In the House, on February 6th, Mr. Stevens, 

 from the Committee on Reconstruction, re- 

 ported the following bill : 



Whereas the pretended State governments of the 

 late so-called Confederate States of Virginia, North 

 Carolina, South Carolina, Georgia, Mississippi, Ala- 

 bama, Louisiana, Florida, Texas, and Arkansas were 

 set up without the authority of Congress, and without 

 the sanction of -the people; and, whereas, said pre- 

 tended governments afford no adequate protection 

 for life or property, but countenance and encourage 

 lawlessness and crime ; and, whereas, it is necessary 

 that peace and good order should be enforced in said 

 so-called States, until loyal and Republican State 

 governments can be legally established : Therefore, 



Be it enacted by tJie Senate and Home of Represent- 



atives of the United States of America in Congress as- 

 sembled, That said so-called States shall be divided 

 into military districts, and made subject to the mili- 

 tary authority of the United States, as hereinafter 

 prescribed ; and for that purpose Virginia shall con- 

 stitute the first district, North Carolinia and South 

 Carolina the second district, Georgia, Alabama, and 

 Florida the third district, Mississippi and Arkansas 

 the fourth district, and Louisiana and Texas the fifth 

 district. 



SEC. 2. And be it further enacted, That it 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 Army not below the rank of brigadier-gen- 

 eral, and to detail a sufficient force to enable such 

 officer to perform his duties, and enforce his au- 

 thority within the district to which he is assigned. 



SEC. 3. And be it further enacted, That it shall be 

 the duty of each officer assigned, as aforesaid, to pro- 

 tect all persons in their rights of person and property, 

 to suppress insurrection, disorder, and violence, and 

 to punish, or cause to be punished, all disturbers of 

 the public peace and criminals; and to this end he 

 may allow 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 commissions or tribunals 

 for that purpose, any thing in the constitution and 

 laws of the so-called States to the contrary notwith- 

 standing ; and all legislative or judicial proceedings 

 or processes to prevent the trial or proceedings of 

 such tribunals, and all interference by said pretended 

 State governments with the exercise of military au- 

 thority under this act, shall be void and of no effect. 



SEC. 4. And be it further enacted, That courts and 

 judicial officers of the United States shall not issue 

 writs of habeas corpus in behalf of persons in military 

 custody, unless some commissioned officer, on dutv 

 in the district wherein the person is detained, shall 

 indorse upon said petition a statement, certifying 

 upon honor that he has knowledge or information as 

 to the cause and circumstances of the alleged deten- 

 tion, and that he believes the same to be rightful ; 

 and further, that he believes that the indorsed peti- 

 tion is preferred in good faith, and in furtherance of 

 justice, and not to hinder or delay the punishment 

 of crime. 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 it further enacted, That no sentence 

 of any military commission or tribunal, hereby au- 

 thorized, affecting the life and liberty of any person, 

 shall be executed until it is approved by the officer 

 in command of the district ; and the laws and regu- 

 lations for the government of the Army shall not be 

 affected by this act, except in so far as they conflict 

 with its provisions. 



On the next day the bill was considered, and 

 Mr. Stevens said : " Sir, this is a bill for the 

 purpose of putting under governments ten 

 States now without governments. They are 

 States of the late so-called confederacy, as I 

 have called them. Other gentlemen have con- 

 tended that they were States nowhere. I have 

 differed with these gentlemen in this respect. 

 I have said that these were perfect States, with 

 perfect organizations, under a foreign govern- 

 ment. It is at any rate certain that those States 

 now have no governments which are known to 

 the Constitution or laws of the United States 

 of America; that for nearly two years they 

 have been lying in a disorganized condition. 

 Nearly two years ago the armies of a govern- 

 ment calling itself the Confederate States of 

 America were conquered, and the government 



