« AnteriorContinuar »
laws of the United States over the constitution and laws
Constitution of Virginia. of any State; and that I will support, protect, and defend the Constitution of the United States and the constitution of South Carolina, as ratified by the people on the day of —, 1868. So help me God."
That this State shall ever remain a member Every male citizen of the United States, of
of the United States of America, and that the the age of twenty-one years and upwards, not
people thereof are part of the American nation, laboring under the disabilities named in this
and that all attempts, from whatever source or constitution, without distinction of race, color,
upon whatever prétext, to dissolve said Union or former condition, who shall be a resident of
or to sever said nation, are unauthorized and this State at the time of the adoption of this
Jought to be resisted with the whole power of
the State. constitution, or who shall thereafter reside in
The Constitution of the United States, and this State one year, and in the county in which he offers to vote sixty days next preceding any
the laws of Congress passed in pursuance thereof, election, sball be entitled to vote for all officers
constitute the supreme law of the land, to which that are now, or hereafter may be, elected by
paramount allegiance and obedience are due the people, and upon all questions submitted to
from every citizen, anything in the constitution, the electors at any elections: Provided, That no
ordinances, or laws of any State to the contrary person shall be allowed to vote or hold office
notwithstanding. who is now, or hereafter may be, disqualified a
Slavery shall not exist. All citizens of the therefor by the Constitution of the United States,
State are declared to possess equal civil and pountil such disqualification shall be removed by
*; litical rights and public privileges. Duelling is the Congress of the United States.
prohibited. Only persons qualified to hold office Homestead exemption secured.
shall be jurors. The general assembly shall never pass any
Every male citizen of the United States, law that will deprive any of the citizens of this
in twenty-one years old, who shall have been a State of the right of suffrage, except for treason,
resident of this State twelve months, and of the murder, robbery, or duelling, whereof the per
county, city, or town in which he shall offer to bons shall have been duly tried and convicted.
vote three months next preceding any election, No person shall be disfranchised for felony or
| shall be entitled to vote upon all questions subother crimes committed while such person was a
mitted to the people at such election. slave.
Among the excepted persons are all those who All the public schools, colleges, and universi
have been Senators or Representatives in Conties of this state, supported in whole or in part
Igress, or electors of President or Vice President, by the public funds, shall be free and open to all
or who held any office, civil or military, under the children and youths of the State, without
| the United States, or under any State, who,
having previously taken an oath, as member of regard to race or color. Governor has the veto, but two-thirds of each
Congress or officer of the United States, or as a house may pass a bill over the veto. Judges
member of any legislature, or as an executive shall not charge juries in respect to matters of
or judicial officer of any State, shall have enfact, but may state the testimony and declare
gaged in insurrection or rebellion against the the law.
same, or given aid or comfort to the enemies All contracts, whether under seal or not, the
thereof. This clause shall include the following consideration of which were for the purchase of
officers: Governor, Lieutenant Governor, secreslaves, are declared null and void; and all pro
tary of State, auditor of public accounts, second ceedings under them annulled.
auditor, register of the land office, State treas. Elections shall be by ballot. All voters shall
Not: All voters shallurer, attorney general, sheriffs, sergeant of a be eligible to elective offices, except as otherwise
city or town, commissioner of the revenue, provided in this constitution or the Constitution
| county surveyors, constables, overseers of the and laws of the United States. Presidential poo
dential poor, commissioner of the board of public works, electors shall be elected by the people.
judges of the supreme court, judges of the cir. The general assembly may levy a poll-tax of
stage of cuit court, judges of the court of hustings, jus$1 per year, for the public school fund. No ad
Blic school foron No ad.tices of the county courts, mayor, recorder, ditional poll-tax shall be levied by any munici
alderman, councilmen of a city or town, coroners, pal corporation, and no person to be deprived
descheators, inspectors of tobacco, flour, &c., of suffrage for non-payment of this tax.
clerks of the supreme, district, circuit, and county No debt contracted by this State in behalf of
ina Dehalf of courts, and of the court of hustings, and attor. the late rebellion, in whole or in part, shall ever
neys for the Commonwealth: Provided, That the be paid.
Legislature may, by a vote of three-fifths of both A liberal and uniform system of free public
houses, remove the disabilities incurred by this schools shall be established, for all children be
clause from any person included therein, by a tween six and sixteen, for a term equivalent to
separate vote in each case. twenty-four months at least, facilities to be af.||
All persons, before entering upon the discharge forded to all the inhabitants for the free educa
of any function as officers of the State, shall tion of their children. School fund established.
| take the following oath: The militia shall consist of all able-bodied I, - , do solemnly swear (or affirm) that I will
support and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Virginia; that I recognize and accept the
civil and political equality of all men before the lawy, office unless he possesses the qualifications of an
and that I will faithfuliy perform the duty of to elector.
| the best of my ability. Bo help me God.
In addition to this, all State, city and county and who are duly registered according to the reofficers shall take the test oath prescribed by the quirements of section three of this article, and act of July 2, 1862.
who are not disqualified by reason of any crime, The Legislature shall enact a registry law, are declared to be qualified electors. and persons applying to register shall take this The Legislature shall provide by law for the oath:
registration of all persons entitled to vote at I do solemnly swear (or affirm) that I am not any election, and all persons entitled to register disqualified from exercising the right of suffrage by shall take and subscribe to the following oath or the constitution framed by the convention which as
affirmation: sembled in the city of Richmond on the 3d day December, 1867, and that I will support and defend the I, - do solemnly swear (or affirm) in the pres same to the best of my ability. .-- -.
ence of Almighty God, that I am twenty-one years old; The Governor has the veto power, subject to
that I have resided in this State six months, and in.
county one month; that I will faithfully support the passage by two-thirds. Lotteries prohibited. and obey the Constitution and laws of the United
States, and of the State of Mississippi, and will bear
truo faith and allegiance to the same; that I am not established, and to be introduced into all the
disfranchised in any of the provisions of the acts
known as the reconstruction acts of the Thirty-Ninth tax on property not less than one mill nor more and Fortieth Congress; and that I admit the political than five for the support of schools. The mic, and civil equality of all men. So help me God. litia to consist of all able-bodied måles between Provided, That if Congress shall, at any time, eighteen and forty-five. Homestead exemption provided.
chised in the said reconstruction acts of the said Ordinance passed that the constitution' be Thirty-Ninth and Fortieth Congress, (and the submittee for ratification June 2. when State Legislature of this State shall concur therein.) officers and Representatives in Congress are to then so much of this oath, and so much only, as be chosen; the Assembly to meet June 24. refers to the said reconstruction acts, shall not
a section be required of such person, so pardoned, to en. prescribing the test-oath of 1862 for all State. I title him to be registered. city and county officers be submitted separately,
No person shall be eligible to any office of and that the section be fixed not less than fort profit or trust, or to any office in the militia of days-after-the passage by Congress of the necesa
this State, who is not a qualified elector. sary appropriation to pay the expense.]
• No person shall be eligible to any office of
profit or trust; civit or military, in this State, Constitution of Mississippi.
who, as a member of the Legislature, voted for
the call of the convention that passed the ordiAdopted by convention May 15, 1868, and
nance of secession, or who, as a delegate to any submitted to popular yote, June 22,
convention, voted for or signed any ordinance of Provides, among other things, slavery shall not
secession, or who gave voluntary aid, counteexist; no property qualification shall be required
nance, counsel or encouragement to persons enfor jurors or for eligibility to office. :
gaged in: armed hostility to the United States, All persons resident in this State, citizens of the United States, are hereby declared citizens
or who accepted or attempted to exercise the
functions of any office, civil or military, under of the State of Mississippi.
any authority or pretended government, authorNo property or educational qualification shall
ity, power, or constitution, within the United ever be required for any person to become an States, hostile or inimical thereto, except all elector.
persons who aided reconstruction by voting for The right to withdraw from the Federal Union
this convention, or who have continuously ad. on account of any real or supposed grievances
| vocated the assembling of this convention, and shall never be assumed by this state, nor shall
shall continuously and in good faith advocate any law be passed in derogation of the para
the acts of the same; but the Legislature may mount allegiance of the citizens of this State to
remove such disability ; Provided, That nothing the Government of the United States."
in this section, except voting for or signing the No public money or moneys shall be appro- lördinance of secession, shall be so construed as priated for any charitable or other public insti- I to exclude from office the private soldier of the tutions in this State, making any distinction late so-called Confederate States army. among the citizens thereof; Provided, That The State of Mississippi shall never assume nothing herein contained, shall be so construed nor pay any debt or obligation contracted in as to prevent the Legislature from appropriating aid of the rebellion, nor shall this State ever in the school fund in accordance with the article
any manner claim from the United States, or in this constitution relating to public schools.
make any allowance or compensation for slaves The right of all citizens to travel upon all emancipated or liberated in any way whatever, public conveyances shall not be infringed upon since the 9th day of January, 1861. nor in any manner abridged in this State.
Members of the Legislaturo, and all other offiThe Governor has the veto power, subject to cers elected or appointed to any office in th two-thirds vote of each house.
State, shall, before entering upon the discharge All male inhabitants of this Stale, except idi.
of the duties thereof, take and subscribe the fol. ots and insane persons, and Indians not taxed, I lowing oath of office: citizens of the United States, or naturalized, I do solemnly swear (or affirm) that I will faith. twenty-one years old and upwards, who have fully support and truo allegiance bear the Constituresided in this State six months, and in the tion of the United States and the State of Mississippi,
and obey the laws thereof; that I am not disqualified from holding office by the Constitution of the United States or the State of Mississippi; that I have neve:
as a member of any convention voted for or signed | All persons who have not been married, but any ordinance of secession; that I have never as a member of any State Legislature voted for the call of i any convention that passed any such ordinance; that
discharge the duties of the office upon | purposes in law as married, and their children, which I am about to enter. So help me God. ..
whether born before or after the ratification of The ordinance of secession of the State of Mis- this constitution, shall be legitimate, and the sissippi, passed January 9, 1866, is hereby de- Legislature may by law punish adultery and clared to be null and void. The present and all concubinage. previous constitutions of the State of Missis- 1868, March 13-An ordinance adopted, as sippi are hereby declared to be repealed and follows: annulled by this constitution.
1 Sec. 1. That no contracts shall be valid which All laws now in force in this State, not en- in any manner abridge or affect the right of acted in furtherance of secession and rebellion, franchise of either party; and any person or and not. repugnant to this constitution, shall persons demanding such conditions shall, upon continue in force.
conviction thereof before any court having comCommon school fund provided for; the poll-petent jurisdiction, be disfrarchised for the term tax in its aid not to exceed $2 annually. of five years, and pay a fine of not less than five
All able-bodied males, between eighteen and hundred dollars. forty-five, shall be liable to military duty in the SEC. 2. Whoever shall dismiss from employmilitia.
ment any person or persons for having exercised Lotteries and sale of lottery tickets prohibited: the right of franchise, or for offering to exercise
All lands sold in pursuance of decree of courts such right, shall, on conviction, be fined not less or execution shall be divided into tracts not to than two hundred and fifty dollars, and be disexceed one hundred and sixty acres.
| franchised for the term of five years.
SUPPLEMENTAL RECONSTRUCTION MEASURES.*
Act of July 19, 1867.
hold or exercise, any civil or military office or . An act supplementary to an act entitled "An act duty in such district under any power, election,
to provide for the more efficient government of appointment, or authority derived from, or the rebel States," passed on the second day of granted by, or claimed under, any so-called March, 1867, and the act supplementary there- State or the government thereof, or any municito, passed on the 23d day of March, 1867. pal or other division thereof; and upon such
Be it enacted, &c., That it is hereby declared suspension or removal such commander, subject to have been the true intent and meaning of the to the disapproval of the General as aforesaid, act of the 2d day of March, 1867, entitled “An shall have power to provide from time to time act to provide for the more efficient government for the performance of the said duties of such of the rebel States," and of the act supplement officer or person so suspended or removed, by ary thereto, passed on the 23d day of March, I the detail of some competent officer or soldier of 1867, that the governments then existing in the the army, or by the appointment of some other rebel States of Virginia, North Carolina, South person to perform the same, and to fill vacancies Carolina, Georgia, Mississippi, Alabama, Louis: occasioned by death, resignation, or otherwise. iana, Florida, Texas, and Arkansas, were not
SEC. 3. That the General of the army of the legal State governments; and that thereafter
United States shall be invested with all the said governments, if continued, were to be con
powers of suspension, removal, appointment, tinued subject in all respects to the military
and detail granted in the preceding section to commanders of the respective districts, and to district commanders. the paramount authority of Congress.
Sec. 4. That the acts of the officers of the army Sec. 2. That the commander of any district already done in removing in said districts pernamed in said act shall have power, subject to sons exercising the functions of civil officers, and the disapproval of the General of the army of appointing others in their stead, are hereby conthe United States, and to have effect till disap-firmed: Provided, That any person heretofore proved, whenever in the opinion of such com- or hereafter appointed by any district commander the proper administration of said act mander to exercise the functions of any civil shall require it. to suspend or remove from office, office, may be removed either by the military or from the performance of official duties and officer in command of the district, or by the the exercise of official powers, any officer or General of the army. And it shall be the duty person holding or exercising, or professing to of such commander to remove from office, as
aforesaid, all persons who are disloyal to the * For preceding Reconstruction Measures see pages
Government of the United States, or who use 191-194 of Manual of 1867.
their official influence in any manner to hinder,
delay, prevent, or obstruct the due and proper any act or thing which, without such pardon administration of this act and the acts to which or amnesty, would disqualify him from registrait is supplementary.
tion or voting. SEC. 5. That the boards of registration pro- SEC. 8. That section four of said last-named vided for in the act entitled " An act supple- act shall be construed to authorize the commandmentary to an act entitled · An act to provide for ing general named therein, whenever he shall the more efficient government of the rebel States,' deem it needful, to remove any member of a passed March 2, 1867, and to facilitate restora- board of registration and to appoint another in tion," passed March 23, 1867, shall have power, his stead, and to fill any vacancy in such board. and it shall be their duty, before allowing the SEC. 9. That all members of said boards of registration of any person, to ascertain, upon registration, and all persons hereafter elected or such facts or information as they can obtain, appointed to office in said military districts, whether such person is entitled to be registered under any so-called State or municipal authorunder said act, and the oath required by said ity, or by detail or appointment of the district act shall not be conclusive on such question, and commanders, shall be required to take and to no person shall be registered unless such board subscribe the oath of office prescribed by law shall decide that he is entitled thereto; and for officers of the United States. such board shall also have power to examine, SEC. 10. That no district commander or memunder oath, (to be administered by any member ber of the board of registration, or any of the of such board,) any one touching the qualifica- officers or appointees acting under them, shall tion of any person claiming registration; but in be bound in his action by any opinion of any every case of refusal by the board to register an civil officer of the United States. applicant, and in every case of striking his name SEC. 11. That all the provisions of this act from the list as hereinafter provided, the board and of the acts to which this is supplementary shall make a note or memorandum, which shall shall be construed liberally, to the end that all be returned with the registration list to the com- the intents thereof may be fully and perfectly manding general of the district, setting forth carried out. the grounds of such refusal or such striking (This bill passed the House, July 13, yeas 111, from the list: Provided, That no person shall Days 23; and the Senate, the same day, yeas 31, be disqualified as member of any board of regis- nays 6-the Republicans voting yea, and the tration by reason of race or color.
Democrats nay. "July 19, the bill was vetoed by SEC. 6. That the true intent and meaning of President Johnson, and the same day it was the oath prescribed in said supplementary actre-passed by both Houses-in the House, yeas is, (among other things, that no person who 109, nays 25; in the Senate, yeas 30, nays 6 ; a has been a member of the Legislature of any party vote, as before.] State, or who has held any executive or judicial office in any State, whether he has taken an
Act of March 11, 1868. oath to support the Constitution of the United AN AOT to amend the act passed March 23, States or not, and whether he was holding such 1867, entitled "An act supplementary to 'An office at the commencement of the rebellion, or act to provide for the more efficient governhad held it before, and who has afterwards en ment of the rebel States,' passed March 2, gaged in insurrection or rebellion against the 1867, and to facilitate their restoration." United States, or given aid or comfort to the Be it enacted, &c., That hereafter any election enemies thereof, is entitled to be registered or authorized by the act passed March 23, 1867, to vote; and the words "executive or judicial entitled "An act supplementary to 'An act to office in any State" in said oath mentioned shall provide for the more efficient government of the be construed to include all civil offices created rebel States,' passed March 2, 1867, and to faciliby law for the administration of any general tate their restoration,” shall be decided by a law of a State, or for the administration of jus-, majority of the votes actually cast; and at the tice.
election in which the question of the adoption Sec. 7. That the time for completing the orig. or rejection of any constitution is submitted, any inal registration provided for in said act may, in person duly registered in the State may vote in the discretion of the commander of any district, the election district where he offers to vote be extended to the 1st day of October, 1867; when he has resided therein for ten days next and the boards of registration shall have power, preceding such election, upon presentation of and it shall be their duty, commencing fourteen his certificate of registration, his affidavit, or days prior to any election under said act, and other satisfactory evidence, under such regulaupon reasonable public notice of the time and tions as the district commanders may prescribe. place thereof, to revise, for a period of five days, SEC. 2. That the constitutional convention of the registration lists, and, upon being satisfied any of the States mentioned in the acts to which that any person not entitled thereto has been this is amendatory may provide that at the time registered, to strike the name of such person from of voting upon the ratification of the constituthe list, and such person shall not be allowed to tion, the registered voters may vote also for vote. And such board shall also, during the members of the House of Representatives of the same period, add to such registry the names of United States, and for all elective officers provided all persons who at that time possess the qualifi. for by the said constitution; and the same eleccations required by said act who have not been tion officers, who shall make the return of the already registered; and no person shall, at any votes cast on the ratification or rejection of the time, be entitled to be registered or to vote, by constitution, shall enumerate and certify the reason of any executive pardon or amnesty, for votes cast for members of Congress.
Became a law, March 11, 1868, by lapse of YEAS-Messrs. Chandler, Cole, Conkling, Conners, time, the President not having signed or re
Corbett, Cragin, Edmunds, Ferry, Fesse aden, Harlan,
Howard, Morgan, Morrill of Vermont, Nye, Patterson turned it with his objections within ten days of New Hampshire, Pomeroy, Ramsey, Ross, Sherman, after its presentation to him.
Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, [This bill passed the House, February 26,
Van Winkle, Wade, Willey, Wilson, Yates-30.
NAY&Messrs. Bayard, Davis, Doolittle, Hendricks, MCyeas 96, Days 32; and the Senate, February 25, Creery, Patterson of Tennessee, Saulsbury-7. yeas 28, nays 6; the Republicans voting for the bill, and the Democrats against it.]
An Act to Admit the States of North Carolina,
South Carolina, Louisiana, Georgia, Alabama, An Act to admit the State of Arkansas to Rope and Florida to Representation in Congress, resentation in Congress, June 22, 1868.
June 25, 1868. a' Whereas the people of Arkansas, in pursuance
Whereas the people of North Carolina, South of the provisions of an act entitled "An act for
Carolina, Louisiana, Georgia, Alabama, and Florthe more efficient government of the rebel States,"
ida have, in pursuance of the provisions of an passed March 2, 1867, and the acts supplementary
act entitled "An act for the more efficient govern. thereto, have framed and adopted a constitution
ment of the rebel States," passed March 2, 1867, of State government, which is republican, and
and the acts supplementary thereto, framed conthe Legislature of said State has duly ratified the
stitutions of State government which are repubamendment to the Constitution of the United
lican, and have adopted such constitutions by States proposed by the Thirty-Ninth Congress,
| large majorities of the votes cast at the elections and known as Article XIV; Therefore,
held for the ratification or rejection of the same: Be it enacted, &c., That the State of Arkansas
therefore, is entitled and admitted to representation in
Be it enacted, &c., That each of the States of Congress, as one of the States of the Union, upon
North Carolina, South Carolina, Louisiana, Georthe following fundamental condition: That the
gia, Alabama, and Florida, shall be entitled and constitution of Arkansas shall never be so amend
admitted to representation in Congress as a State ed or changed as to deprive any citizen or class
of the Union when the Legislature of such State of citizens of the United States of the right to
shall have duly ratified the amendment to the vote who are entitled to vote by the constitution
Constitution of the United States proposed by herein recognized, except as a punishment for
the Thirty-Ninth Congress, and known as Artisuch crimes as are now felonies at common law,
cle XIV, upon the following fundamental condiwhereof they shall have been duly convicted,
Wations : That the constitution of neither of said under laws equally applicable to all the inhab:
u States shall ever be so amended or changed as to itants of said State ; Provided, That any altera
fera deprive any citizen, or class of citizens, of the tion of said constitution prospective in its effect |
United States of the right to vote in said State may be made in regard to the time and place of
who are entitled to vote by the constitution residence of voters.
thereof, herein recognized, except as a panish[This bill passed the House, May 8-yeas 110,
ment for such crimes as are now felonies at comnays 32; the nays being all Democrats, except
mon law, whereof they shall have been duly Messrs. Baker, 'Loan, Spalding, and Thomas
convicted under laws equally applicable to all Williams, the "fundamental condition" therein
the inhabitants of said State ; "Provided, That being " that the constitution of Arkansas shall
any alteration of said constitutions may be made never be so amended or changed as to deprive
with regard to the time and place of residence any citizen or class of citizens of the United
of voters. And the State of Georgia shall only States of the right to vote who are entitled to
be entitled and admitted to representation upon vote by the constitution herein recognized, ex
this further fundamental condition : That the cept as a punishment for such crimes as are
first and third subdivisions of section seventeen now felonies at common law, whereof they shall
of the fifth article of the constitution of said have been duly convicted.” June 1, the bill was
State, except the proviso to the first subdivision, amended in the Senate, on motion of Mr. Drake,
shall be null and void, and that the general 80 that the "fundamental condition should read:
assembly of said State, by solemn public act, “That there shall never be in said State any
shall declare the assent of the State to the fore. denial or abridgment of the elective franchise,
going fundamental condition.* or of any other right, to any person by reason
SEC. 2. That if the day fixed for the first or on account of race or color, except Indians
meeting of the Legislature of either of said not taxed;" which was agreed to, yeas 26, nays
States, by the constitution or ordinance thereof, 14, and was then passed, yeas 34, nays 8. A
shall have passed, or have so nearly arrived becommittee of conference agreed upon the bill as
fore the passage of this act that there shall not printed above, and their report passed the Senate,
be time for the Legislature to assemble at the June 6, without a division, and the House also, per
the onse ale period fixed, such Legislature shall convene at a motion to table the report having been lost the end of twenty days from the time this act yeas 27, (all Democrats,) nays 108, (all Republi
Hi I takes effect unless the Governor-elect shall sooncans, except Mr. Stewart, of New York.) Juneer convene the same. 20, the bill was vetoed by the PRESIDENT, and
| Sec. 3. That the first section of this act shall passed in the House, yeas 111, nays 31 ; June 22, ta
09 take effect as to each State, except Georgia, when it passed the Senate, yeas 30, nays 7.
In this such State sball by its Legislature duly ratifs
In the BU House, on re-passing the bill. Mr. Štewart voted Article XIV of the amendments to the Constiave with the Republicans, and Mr. Cary voted tution of the United States, proposed by the nay with the Democrats. In the Senate the
Thirty-Ninth Congress, and as to the State of vote was:
* See page 331.