2

FORTIETH CONGRESS. SEss. I. Cn. 4, 5, 6. 1867.

Clothing, how SEC. 2. .And he it further enacttd, That such clthiag tal be de
to be delivered.
Ii:rered to
managers of such. institutions upon their requ1s t) On there
for accompanied with such certificates as to numbers and coad1t1on as the
Seretary of War may prescribe.
APPROVF,D, March 22, 1867.

the

March 22, 167.

CHAP. V. -An Act in &lation to a certain Tract ofLand in B11rlfr9to

1 n , Iowa.

Be it enacted by the S(!nate and House of Representa_tives fJf the United

An ordmance States of America in Congress assembled, That a certmn ordinance adopt
adopted by the ed by the city council of the city of Burlington, in the State lf Io va, of

city council of
t
e
of
da
De-0ember
tenth,
anno
Domini
eighteen
hundre
and
s1
xty-s1:1:,
en

.Burlington,
_
Iowa, made le- titled "An ordinanr.e devoting Market Square to certain pubhc purposes,
1,'111:
and providiag tor the location of certain railroad tracks upon certain
streets, and for other purposes," is hereby ratified, approved, and made
le,,al
0 and valid so far as relates to said public square; and that said ordiIterest of the na nce shall oprate to convey t-0 the Burlington and Missouri River Rail
ni:ed Sts.tes
road Company all ri,,ht
and i nterest
of the United States in the premi10 .,,nrk e1
"
.
.
Square, Burling ses known as J.farket Square, 1u the sa,"d city of Bur11ngtoo, upon the
e ed
ttb one ,8con
y t0 terms and conditions and for the purposes and uses therein designate(!,
ur1,ngton

and shall have the same force, operation, aod ffi

e ect as if th e fiee-SJmp
I
and Missouri
e
er
.
i
l! v u. I!. Co title to said Market Square and streets were owned by said city at the
date of said ordinance.
APPROVED, March 22, 1867.
March 23, 1867. CHAP. V I . - An Act s11pple111mt to an Act entitll "An Act to ,,,-ovide ,for tM

111()1"<

efficient Gove,-nment. of the lidtel &fites," Tl'J$Sed J1.o.rch second, e,ghtt.e11 hundred arnf
sixty:seve11, and tofac,t,tate Restoration.
B .
c,,..
rr
v the .xmatc and nouse of Represe11tatives
e it enacted J..,
,OJr t he r,
d
v11ite
9
Registrotion States of Ame,ica in O<mgress asser11hled, 'l'hat before the fir st day of Sep
tember, eighteen hundred and sixty-..even, the commanding general in
:,.e0!iti each district
,ewf eaeb
defined by a n act entit led " Au act to pro,ide for the more
militarv distriot efficient government of the rebel States" passed
March
second' ei"hteen
'

0f
before lleptem.
.
d
hun
red
a:pd
sn,ty-seven
, shalI cause a. reg1stra t1on to :be made o the
ber 1 1867;
toiclnderesi- male citizens of the United States, twenty-one years of age and upwards,
of tw ent y- resident i n each county or parish in the State or States included. i n
denL,.
his
one years of age,
.
.
1stnct,
d"
. wine
. h registration shaJI ..1 ncl
and u wards,
ude onIy those persons who are quali
iunli if.ed t0 vote fied to vote for delegates by the net aforesaid, and who shall
have taken
.
and
subscribed
the
tollowing oath or affirmation: "I,
a%/!t=e
, do solemn.
taken the on.th. ly swear (or affirm), i n the presence of Almighty God, that I a m I\ citil?orm of tho zen of the State of
; that I have resided in said Sw.te for --oath.
mootI 1s next preccd"mg ''
u11s
day, and now res1"de 111 the county o f ---,
Pos1, p. 1 5 . or tbe pa1ish of
, in said State (as the Ct\se may be); that I am
twenty-one years old; I h. at I have not been disfranchised for participation
io anf rebeHin or civil war against the TJnited States, nor for felony
committed against the laws of any State or of the United States; thnt I
have never been a memb er of any State legislature, nor held any execu
tive or judicial office in any State and afterwards engaged in insurrection
01 rebellion again st the United States, or given aid or comfort lo the ene
mies thereof; that I have never taken an oath as a member of Congress
of the United States, or as an officer of the United State,. , or as a mem
ber of any State legisl ture or:as an executive or judicial officer of any

State, to support the Const?itution of the United States, and af terwards

engaged in insurrection or rebellion against the Uuited S t ates, or e.ivcn
aid or comfo rt t o the enemies thereof; that I will faithfu lly support the
Constitution a nd obey the laws of the Unit ed States, and will, to the best
Who to nl
of my ability, en c<m1age others o to do, so help me God"; which oath
minister eh,
or a!Jlrmation may be administered by ally registering otlicer.
oat.b
Si,;c. 2. And be it further enacted, 'fhat after the completion of the
168.
Vol. xiv. p. 428.
Pu,,, pp. 14,
29, so, 41, 72, 73.

FORTIETII CONGRESS. SEss. I. Ca:. 6. 1867.

registration hereby provided for i n any State, at such time and places . After co\llple
on o
tr&therein a s the commandin
g general shall appoint and direct, of which at

f
r

t
d
100,
aq
upo
,

.
shall be given, an election shall be held of at Iea,t lhirty:n.
1east th 1rty
d ays pub1 1c notice
'. no ice o .
delegates to a convention for the purpose of establishing a constitL,ti.on d..v
t f.
the.time. and
.
"

1 governruent ,or
an d c1v1
s111"d convention 1 n ph,ce., t netefor :
sueh State I oyaI t o the U0100,
each State, except Virginia, to consist of the same number of members nn clectioo to b
of such. Staie in the held 0( deles.ate
as the most numerous branch of the State le"'islature
b .
to a.conventlOn:
.
. hund1ed noel sixty, to be apportioned among the several to
year eighteen
establish Ii
n
district., counties, or parishes of $UCh State by the commanding general, co stitU on. . ,
giving to each representation in the ratio of voters registered as aforesaid tio!";;,C::1:ot
as nearly as may be. 'fhe convention in Virginia shall consist .of the what nnm.ber of
same number of rnernbers as repre;ented the territory now constituting mm ers m ce d
11n
Virginia in the mo,t nnmtrou branch of the legislature of said State in :::!!
tioned;
the year eighteen hundred and sixty, to be apportioned as aforesaid.
S1-;c. 3. And be it furthe1 enacted, 'fhat at said election the registered befinwtt1 :
voters of each State $hall ,,ote for or ag::iint a convention to form a con and how ;r'
stitntion
therefor under this act.. 1'hose voting in favor of such a con tioned.
.
At
.
to
vent1on sh aII h ave written
or prioted on tb e baIIot.s by wh'cl
1 1 they vo te tion, athevoteelefor delegates, as aforeaid, the words " For a conveotior,," and those voting be talcen
for o .r
.
agm
!lt
a
eons
against such a convention shall have written or printed on such ballots
o
1
ven
,
n.
.
. d

t he wor ds '' Agamst

a convention.
to super111 Who to count
" 1'lie pe1,ous appo1nte
tend aid election, and to make return of the votes given thereat, as here od retur n th
o
in provided, shall count and make return of the votes given . for and , tcs- .
against a convention ; and the con1manding general to whom the s11me See poor, P41
.

shall have been returned shall ascert,'lin and declare the total vote in each

Convention
State for and
against a convention.
. . If a majority of the. vote$ given on b e held if a ma.
.
tb at question shaII be ,or
' a convention, t hen sueh convention sha 11 be he Id joritv o( the
as hereinafter provided; but if a 1najority of said votes shall be against votes cast.are for
a convention, then no such convention shall be held under this act: Pr<> a bo1 ven100 \ea,
vided, That such convention shall not be held unless a majority of all a mjoity
such registered vote1s shall have voted on the question of holding such all t he regist ered
voters vote on
.
COn"r
'" l t'
10 n
the question.

S 1,c . 4,. And be tt furtlier 1macted, That the commanding general of Commanding
ge!'ernbl to dap-f
each district sbaU appoint as many boards of registration as may be ne- point
oar s o
I1ree IoyaI officers or persons, to make and com- T"<lgis trntion

cessary, cons1st10g
ot t
to
plete the registration, superinlend the election, and make return to him supeioteod tbe
of the. votes, list of voters, and ?f the persons elected as <l,e(egates_ by a :\to:'e:!. to
plurality of the vote.s cast at said elecflon; and upon rece1v1ng said re- him; . . . . .
to asec rt.ain .
tarns lu\
shall
open
the
same,
a.

certain
the
persons
elected
as
delegates,
.
.
1 aim the
an d procele<ii<ld
accon11ng to tI,e 1e,tu1ns o f tbe o fficers ,vI10 conductecl sa1"d eI ect1on,
. an d persous
make proclamation thereof; and if a majority of the votes given on that dolegte s;
question shall be for a convention, the commanding general, within sixty : 0Jt,fy dele-.
days from the date of election, shall notify t,he delegates to assemble in
fr a !ajty
convention, at a tiu'.le and place to b e n1entioned in the notification
. , and o r the votes 0 e
:
aid convention, when organized, shall proceed to frame a constitution
itnd civil governinent according to the provisions of this act, and the act meet ad fm
tu t,ou
n cnst 1hall
to which it is supplemntary; and when the same shall .have been so wluen
be
s
s haII be subm1tte
d by t he convention ,.
framecI, sa1"d constllutlon
,or rat1.6ca- submitted
to the
tion to lhe persons registered under the provisions of Lhis act at an elec registe,red".o t era
at>ficnhoo .
appointed
or to be appoint- for_r
tion to be conducted. by the officets or persons
El.et,on there.
.
.
ed by the comm1111dmg general, as bere1nbefore provided, and to be held for .how to be
no tifi ed a nd
after
the expiration of 1.hirLy days fro1n the date of notice thereof. to be wheu

to be held
'
f sh a 11 b e ma de 'to the & c.
t e returns thereo
given by sauJ r.onvent ton; an d b
Seo Post,.p. !6.
commanding general of the district.
.
if, according
onst,tuti
St:c. 5;
, lf
to said returns,
.
1g
rat,fie<l
by 11on
..dn d be it further. enacted, That
,
.
,,. by a mnJOnty of t11e .votes of Lhe r eg1s majority of the
th e cont1tutton s l1 all be raou..,
tered electors qualified as herein specified, cast at said election, at least votes c:tst, half:
one hnlf of all the registered voters voting upon the question of such ratv;;;Y
ificati.on, the president of the convention shall transrnit a copy of the thereof to be..

n:

'1

ffe,

foci'.;'

tt:

FORTIETH CONGRESS. SEss. L Ca. 6.

1867.

sent to the Presi- same duly certifie<l to the President of the United States, who shall
dellt, w_ho shall f orthith transmit the same to Congress, if then in sessi on, and if not i n
transnnt the

session then immediately upon its next assembl"1ng,. and 1r 1t sI1aII moreame to Congress.
over a;pear t o Congress lhat the election was ooe at which all the regi sCoogres s
had an opportunity to vote freely
to t ered and qualified electol"8 in the State
approve t h econ.
titution if, &c. and without re-traiot, fear, or the influence of fraud, and I'f the Congre;s
and to deelT? shall be satisfied that such constitution meets the approval of a majority
th St.ate
oot, b S
.
1n t e tate, and. 1 tI1e sa1'd cont'
s
elector
ied
qualif
the
of
all
rcpresen
to
Ued
.1 tu. t'1011 ba 11
s I the
tatio n, &c.
be declared by Congress to be in conformity with the l?rov1s1on
.
act to which this is supplementary, and the other prov1s1ons of said act
shall have been complied with, and the said constitution shall be approved
by Cooc,ress, the State shall be declared entitled to representation, and
senator: and representathes shall be admitted therefrom as therein pro
vided.
SEC. 6. .And be it furtlier enacted, That aJI elections in the States
All the elec
tions to l).e by mentioned in the said "Act to provide for the more efficient governtoent
ballot.
of the rebel States," shall, dur ing the operation of said act, be by ballot;
Officers ,:nk- and all officers making the said reg istration of voters and conducting said
g 1::,e i::'"}i:" elections shall, before entering u pon the discharge of their duties, take and
pre$cbe subscribe the oath prescribed by the act approved Jaly second, eigh
by the act of
teen. hundred and sixty-two, entitled "An act to prescribe an oath of
P 2 office": Provided, That if any person shall knowingly and fi,lsely take and
Knowi11gly subscribe any oath in this act prescribed, such person so offending and b e ad flsely k ing thereof du.Jy convicted shall be subject to the pains, penalties, and
swe,umg 1n "'
d ,or
" the pun1s
wIuc
I1 b y I aw are prov1'd e
hm ent of the crime of
, 111es
ing u,. oth to d'1sab'l'
be perjury.
wilful and corrupt perjury.
SEC, 7. .A.nd be it furtlier enacted, That all expenses incurred by ths
Ex ?nses un d f; I h ow several commanding general8, or by virtue of any orderg issued, Or
ap:ia
pointments made, by them, under or by virtue of this act, shall be paid
out of any moneys in the treasury not otherwise appropriated.
.
pensation
Ste. 8. And be itfurther enacted, That the r,onvent.ion for each State
r ;n
shall prescribe the fees, salary, and compensation to be paid to all <lel
iho
,
it offico .., &c'. egntes and othar officers and agents herein 1.1u thorized or neceesary to
be detercarry into effect the purposes of this act not herein otherwise proitled
TnX: to b& i m - for, and shall provide for the leYy and collection of such taxes on the
posed therefor. property in such State as r:nay be necessary t o pay the same.
.
The word
Stic. 9. .A.nd be it further enacted,
'fhat
the
word
"article,"
in
the
- ,
"t\l'tlcle" in the ,
h
I
h
f
b
'
I
section
o
t
e
act
to
w
1c
this
is supplementary, shall be construed
s1xt
,lxth section of
the net to mean to mean " section."
" a&ction.,,
SCHUYLER COLFAX,
Speaker of t/1e House of Representatu,es.

o:

t!f:t i .

lib!

!,!

:.:f

B. F. WADE,

President of the Senate pro tern.pore.

IN THE HOUSE OF REPRESENTATIVES,

!larch 23, 1867.

U.. S.,}

The President of the United States having returned t o the Iiouse of

Representatives, in wich it originated, the bill entitled "An act supple
.
mentary to an act entitled 'An act to prov1de
for the more efficient gov
ernment of the rebel States,' passed 1'1areh second, eighteen h u ndred and
sixty-seven, and to facilitate restoration," with his objections thereto,. the
Ho use of Representatives proceeded, in pursu ance of the Constitution' to
reconsider the same ; and
Resolved, That the said bill do pass, two thirds of the House of Repre
eentatives 3greeing to pass the same.
Attest:
Eown. McPHERSON,
Olerk H. R. V: S.

.FORTIETH: CONGRESS. SEss. I. Ca:. G, 7. 1867.

IN SENA.TE OF THE UNITED STATES,

March 28, 1867.

.
The Senate having proceeded, in pursuance of the Constitution, to re
consider the bill entitled "An act supplementary to an act entitled An
act to provide for the 1nore efficient government of the rebel States,'
passed 1r!arch second, eighteen hundred and ijixty-seven, and to facilitate
resto1 ation," relul'ned to the Hou,e of Representatives by the President
of the United States, with his objections, and sent by the I-louse of Rep
rc.en!atives to the Senate, with the message of the President returning
the b1U:Resolved, That the bill do pass, two thirds of the Senate agreeing to
pass the same.
Attest:
J.
FORNEY,

w.

&creta,y.

CHAP. VIL-An Act to provide/or a District and a Oz'.rc1tit Co urt oftk Unit.ed States Mnrch 25,.1861.
jor the District ofNebra:;ka, a11dfor other Purpose,;.

Be. it enacted by the Senate and House of Representativ1N1 of the United

States of America in Oongress asse1nbled, '!'hat the State of Nebraska Ne?rnska to
eliall hereafter conslitu_te oe tudicia! ditri'?t, and be called the distr!ct ?f
t.
Nebraska; and for said d1,trwt a d1stnct Judge, a marshal, and a d1str1ct Judi:" mar
auorney of the United States, shall be appointed by the President, by shal,'li.,.! attor :rnted. "P an<I with the advice and consent of the Senate.
.
SEC. 2. And be it further enacted, '!'bat the said dist.rict of Nebraska District of ,
shall be attuehed to and constitute a pa,t of the eighth judicial circuit; ;1::a be
and a term of the circuit court aud district court of the United States for eighth judicial
d
said disuict shall be held in the city of Omaha, in the State of Nebraska, eif.?it.
oo the first londay of May, and on the first Monday of November, in plac:'r : , d
,g e:ireuit and
eacb year.
S,;c. 3. And be it further en.acted, That the circuit and district courts distr,e:t C.O.rta.
o
of the United States for the district of Nebraska, and the judges thereof
tie of the, .e-
respectively, shall possess the same powers and jurisdiction
and perform

cu,taod
dl6tnet

d b y t,,e ocher c1rcu1t and d"1str1ct eo urta.

the san1e dut1es
possessed au<1 per,onue
courts and judges of the United States, and shall be governed by the same
.
laws and regulations.
.
SEC, 4. And be it further enaeted, That the district judge appointed .Sal.'" of dJ&.
!.
for the district of Nehraska shall receive a.s his . compensation the sum of tr,ctJu ge.
thirty-five hundred dollars a year, payable in four equal instalments, on
the first days of January, April, July, and October of- each year.
.
SEC.5. And be it fttrtl1er enacted, Tl.iat the rnarshal and district attor- Powers and
ney of the United States, and clerk of the circuit and district courts, for dut!e yr teciis
the said district of Nebraska, shall severally possess the powers and per-:;aftoey.
form the dutic,; lawfully possessed and performed by similar officers in
. .. . . .
other dislricts of the United States, and shall for the services they 1nay Fees and coin
pcrfonn receive the fees and compensation allowed by the act entitled '' An pc g;'.oih. so.
act to regulate the fees and costs to be allowed clerks, nlarshals, and ut- Vol. x. j,: 161.:

torneys of t.he circuit and ditrict corts of the United States, and for
other purposes," approved February twenty-sixth, eighteen hundred and
fifty-three.
SEc: 6. .dnd be it further enacted, That all cases of appeal or Wl'it of Provis /n
error. heretofore prosecuted, and now pending in the Supreme Court of rfP;;Jr
. .
the United States, upon any record from the supreme court of the T.erritory of Nebraska, or which may hereafter be prosecuted fron1 said court
as herein allowed, n1ay be heard alld deterrniued by the Supreme Court
of the United States, and the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to
the eircuit or district court of the United States for the district of Ne- .
brask.a, or to the supreme court of the State of Nebraska, as the nature

.r::;r;:!f ;:!

:i

po:i:::::d g

18

ad