CHAP. CXLVIII. - An Act to amend an Act entitled "An Act to extend the Time for the Reversion to the United States of the Lands granted by Congress to aid in the Construction of a Railroad from Amboy, by Hillsdale and Lansing, to some Point on or near Traverse Bay, in the State of Michigan, and for the Completion of said Road," approved July three, eighteen hundred and sixty-six. March 2, 1867. 1866, ch. 158. Ante, p. 78. Time for com twenty miles of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the act entitled "An act to extend the time for the reversion to the United States pletion of first of the lands granted by Congress to aid in the construction of a railroad road-bed of Amfrom Amboy, by Hillsdale and Lansing, to some point on or near Traverse boy, &c. railBay, in the State of Michigan, and for the completion of said road," ap- July 1, 1867. proved July three, eighteen hundred and sixty-six, be and the same is hereby amended by striking out the word "February" where it occurs in said section, and inserting the word "July" in lieu thereof. APPROVED, March 2, 1867. road extended to CHAP. CXLIX. An Act to authorize the Building of Lighthouses therein mentioned, March 2, 1867. and for other Purposes. Secretary of tract for the Treasury to conbuilding, at not Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to provide, by contract, for building lighthouses at the following points, to wit: For building a lighthouse on a proper site at Trowbridge Point, in over a certain Thunder Bay, in the State of Michigan, at a cost not exceeding ten thousand dollars. For building a lighthouse on a proper site at Mendota, on Lake Superior, in the State of Michigan, at a cost not exceeding fourteen thousand dollars. For building a lighthouse on a proper site at Santa Cruz, in the State of California, at a cost not exceeding ten thousand dollars. cost, of lighthouses at Trowbridge Point. Mendota. Santa Cruz. For building a lighthouse at Pigeon river, or vicinity, Lake Superior, Pigeon river. Minnesota, fifteen thousand dollars. For building a lighthouse on a proper site at or near Braddock's Point, Georgia, at a cost not exceeding fifteen thousand dollars. For building a lighthouse to mark Tybee Island Knoll, Georgia, at a cost not exceeding fifteen thousand dollars. For building range-lights on Morris Island, as guides in crossing Charleston Bar, South Carolina, at a cost not exceeding fifteen thousand dollars. For rebuilding the lighthouse on a proper site at Deepwater Shoals in James River, Virginia, at a cost not exceeding sixteen thousand dollars. For rebuilding lighthouse tower and keeper's dwelling on a proper site at Saint Simon's, Georgia, at a cost not exceeding forty-five thousand dollars. Braddock's Point. Tybee Island Knoll. Morris Island. Deepwater Shoals. Saint Simon's. Survey to be ledge Shoals, &c. SEC. 2. And be it further enacted, That the Lighthouse Board is hereby directed to make a survey, if no survey has been made, at Crossledge made at CrossShoal, or at some other point in the Delaware bay, in the neighborhood Delaware bay, of said Shoal, and report on the survey to be made, or which has already and report and been made, to the next Congress as to the feasibility of erecting thereon estimate. a permanent lighthouse, and an estimate of the amount necessary to be appropriated therefor. SEC. 3. And be it further enacted, That no contract shall be made except after public advertisement for proposals in such form and manner as to secure general notice thereof, and the same shall only be made with the lowest bidder therefor, upon security deemed sufficient in the judgment of the Secretary. Contract to be made after ad vertisement for proposals, and with lowest bidder, &c. Salaries of SEC. 4. And be it further enacted, That, from and after the passage of this act, the Secretary of the Treasury be, and he is hereby, authorized keepers of lighthouses to be regand empowered to regulate and fix the salaries of the respective keepers ulated by the of lighthouses in such manner as he shall deem just and proper: Pro- Secretary of the Treasury. The average vided, That the whole sum allowed shall not exceed an average of six hundred dollars to each keeper. not to exceed $600 to each. March 2, 1867. 1864, ch. 95. Vol. xiii. p. 85. Legislative as ritories not to APPROVED, March 2, 1867. CHAP. CL. -An Act amendatory of “An Act to provide a temporary Government for the Territory of Montana," approved May twenty-six, eighteen hundred and sixty-four." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislative assemblies semblies of Ter- of the several Territories of the United States shall not, after the passage of this act, grant private charters or especial privileges, but they may, by general incorporation acts, permit persons to associate themselves together may pass general as bodies corporate for mining, manufacturing, and other industrial pur grant special charters; but incorporation acts for, &c. Jurisdiction of Montana extended to certain civil and criminal cases; suits. SEC. 2. And be it further enacted, That the probate courts of the Terprobate courts in ritory of Montana, in their respective counties, in addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and such criminal cases arising under the laws of the Territory as do not require the intervention of a grand jury: Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute, or chancery or divorce causes: And provided further, That in all cases an appeal may be taken from any order, judgment, or decree of said probate court to the district but not to certain other causes. Appeals allowed. Salary of the court. SEC. 3. And be it further enacted, That the chief justice and associate chief justice and justices of said Territory and the Territory of Idaho, shall each receive an annual salary of thirty-five hundred dollars. associates of Montana and Idaho. Judges of su preme court to SEC. 4. And be it further enacted, That the judges of the supreme court of said Territory, or a majority of them, shall, when assembled at define the judi- the seat of government of said Territory, define the judicial districts of cial districts, as- said Territory, and assign the judges who may be appointed for said Tersign judges, and appoint the times ritory to the several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or subdivisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year. and places of holding the courts. Two terms a year at each place. Legislative functions of the Territory of Montana revived. districts. Election of members. SEC. 5. And be it further enacted, That for the purpose of reviving the legislative functions of the Territory of Montana, which have been adjudged therein to have lapsed, the governor of said Territory be, and he is hereby, authorized, on or before the first day of July, eighteen hundred and sixty-seven, to divide said Territory into legislative districts for the election of members of the council and house of representatives, and to Assembly, &c. apportion among said districts the number of members of the legislative assembly provided for in the organic act of said Territory, and the election of said members of the legislative assembly shall be held at such time and shall be conducted in the manner prescribed by the legislative assembly of said Territory at the session thereof, begun and holden at the city of Bannack, in eighteen hundred and sixty-four and eighteen hundred and sixty-five, and the qualifications of voters shall be the same as that prescribed by said organic act, saving and excepting the distinction therein made on account of race or color, and the legislative assembly, so elected, shall convene at the time prescribed by said legislative assembly Apportionment at the session last aforesaid. The apportionment provided for in this secof representation shall be based upon such an enumeration of the qualified electors of tion. the several legislative districts as shall appear from the election returns in the office of the secretary of said Territory, and from such other sources of information as will enable the governor, without taking a new census, to make an apportionment which shall fairly represent the people of the Voters. several districts in both houses of the legislative assembly, but the legisla- District may ture may at any time change the legislative districts of the Territory as be changed. fixed by the governor. Certain former of Montana declared null. Claims for vested rights SEC. 6. And be it further enacted, That all acts passed at the two sessions of the so-called legislative assembly of the Territory of Montana, acts of assembly held in eighteen hundred and sixty-six, are hereby disapproved and declared null and void, except such acts as the legislative assembly herein authorized to be elected shall by special act in each case re-enact: Provided, however, That in all claims of vested rights thereunder, the party may be made. claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of said Territory: And provided further, That no legislation or pretended legislation in said Territory since the adjournment of the first legislative valid until, &c. assembly shall be deemed valid until the election of the legislative assembly herein provided for shall take place. SEC. 7. And be it further enacted, That from and after the first day of April next the salary of each of the judges of the several supreme courts in each of the organized Territories (except Montana and Idaho) shall be two thousand five hundred dollars. SEC. 8. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed. APPROVED, March 2, 1867. Certain legislation not to be Salary of judges of supreme courts in Territories, except. Repealing clause. CHAP. CLI. — An Act to amend an Act entitled "An Act to provide a Temporary Gov- March 2, 1867. ernment for the Territory of Idaho," approved March three, eighteen hundred and sixty-1863, ch. 117. three. Vol. xii. p. 808. Judges of Supreme Court to define the judicial districts, as Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the judges of the supreme court of said Territory, or a majority of them, shall, when assembled at the seat of government of said Territory, define the judicial districts of said Territory, and assign the judges who may be appointed for said Ter- sign judges, and ritory to the several districts; and shall also fix and appoint the times appoint times and places for and places for holding court in the several counties or sub-divisions in holding courts. each of said judicial districts, and alter the times and places of holding the courts, as to them shall seem proper and convenient. SEC. 2. And be it further enacted, That the next session of the legislative assembly of the Territory of Idaho shall be held commencing on the first Monday in December, A. D. eighteen hundred and sixty-eight, and thereafter the legislative assembly of said Territory shall be held biennially. And the next election for members of the legislative assembly of said Territory shall be held on the second Monday in August, A. D. eighteen hundred and sixty-eight, and thereafter said election shall be held Siennially. Sessions of the legislative assembly. Elections for members. Term of office of members of council. house and of Councillor districts, and election of members of council. SEC. 3. And be it further enacted, That the members of the house of representatives of said legislative assembly shall be elected for the term of two years; and the members of the council of said legislative assembly shall be elected for the term of four years: Provided, That at the first election hereafter one half of the members of said council shall be elected for the term of two years, and the remaining half for the term of four years; and the districts wherein members of the council are to be elected for the term of two years and the districts wherein members of the council are to be elected for the term of four years at the next election shall be determined by proclamation of the governor of said Territory: Provided, Proviso. That in all counties and election districts which shall be entitled to elect two members of the council, one of said members shall be elected for two years and the other for four years. clause. SEC. 4. And be it further enacted, That all acts and parts of acts in- Repealing consistent with this act are hereby repealed. APPROVED, March 2, 1867 March 2, 1867. 1866, ch. 236. Ante, p. 231. 236. CHAP. CLII.- An Act to amend an Act entitled "An Act authorizing the Construction of a Jail in and for the District of Columbia," approved June [July] twenty-five, eighteen hundred and sixty-six. Be it enacted by the Senate and House of Representatives of the United Repeal of part States of America in Congress assembled, That so much of the sixth secof section six of tion of the act entitled "An act authorizing the construction of a jail in act of 1866, ch. and for the District of Columbia," approved June [July] twenty-five, eighteen hundred and sixty-six, as specifies the amounts to be raised and paid into the treasury of the United States by the cities of Washington and Georgetown, respectively, before the completion of said jail, is hereby repealed. City of Washington to pay $78,000 as its part for building jail in the Dis SEC. 2. And be it further enacted, That it shall be the duty of the proper authorities of the city of Washington, and they are hereby required, to raise, by tax or otherwise, and pay into the treasury of the United States, at or before the time of the completion of said jail, the sum trict of Colum- of seventy-eight thousand dollars; and it shall be the like duty of the Georgetown to proper authorities of the city of Georgetown, and they are hereby repay $12,000. quired, to raise, by tax or otherwise, and pay into the treasury of the United States, at or before the time of the completion of said jail, the sum of twelve thousand dollars. bia. Preamble. APPROVED, March 2, 1867. March 2, 1867. CHAP. CLIII. · An Act to provide for the more efficient Government of the Rebel States. WHEREAS no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, pp. 2, 14, 29, 80. and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore, See Vol. xv. Certain rebel States to be di Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said rebel States shall be vided into military districts divided into military districts and made subject to the military authority and subjected to of the United States as hereinafter prescribed, and for that purpose Virmilitary authorginia shall constitute the first district; North Carolina and South Carolina ity. First District. the second district; Georgia, Alabama, and Florida the third district; Second Dis- Mississippi and Arkansas the fourth district; and Louisiana and Texas Third District. the fifth district. trict. Fourth Dis trict. Fifth District. SEC. 2. And be it further enacted, That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a suffiassign army offi- cient military force to enable such officer to perform his duties and encer to command force his authority within the district to which he is assigned. each district. Military force to be detailed. Commanders ties. Local civil tri SEC. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid, to protect all persons in their rights of perof districts, their son and property, to suppress insurrection, disorder, and violence, and to powers and du- punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necesMilitary tribu- sary for the trial of offenders, he shall have power to organize military State interfer- commissions or tribunals for that purpose, and all interference under color of State authority with the exercise of military authority under this act, shall be null and void. bunals. nals. ence declared null. Persons under military arrest to be speedily tried. Punishment. military tribu nals. SEC. 4. And be it further enacted, That 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, and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the govern ment of the army shall not be affected by this act, except in so far as they conflict with its provisions: Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President. Sentences or death. Conditions upon which such form constitu Provisions of Constitutions to be ratified by popular vote; SEC. 5. And be it further enacted, That when the people of any one of said rebel States shall have formed a constitution of government in con- States shall be formity with the Constitution of the United States in all respects, framed declared entitled by a convention of delegates elected by the male citizens of said State, in Congress. to representation twenty-one years old and upward, of whatever race, color, or previous con- Delegates to dition, who have been resident in said State for one year previous to the conventions to day of such election, except such as may be disfranchised for participation in tion, by whom the rebellion or for felony at common law, and when such constitution shall elected. provide that the elective franchise shall be enjoyed by all such persons as constitutions as have the qualifications herein stated for electors of delegates, and when to the elective such constitution shall be ratified by a majority of the persons voting on franchise. the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United adopt the States, proposed by the Thirty-ninth Congress, and known as article four- amendment to teen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and senators and representatives shall be admitted therefrom on their taking the oath prescribed by law, and then and thereafter upon taking the the preceding sections of this act shall be inoperative in said State: Pro- oath, and this act vided, That no person excluded from the privilege of holding office by ative. said proposed amendment to the Constitution of the United States, shall Proviso. be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention. to be approved by Congress. The States to the Constitution. Ante, p. 358. Senators and representatives to be admitted becomes inoper Certain persons not eligible as members of visional only un sentation. the constitutional convention. SEC. 6. And be it further enacted, That, until the people of said rebel The civil govStates shall be by law admitted to representation in the Congress of the ernment of such United States, any civil governments which may exist therein shall be States to be prodeemed provisional only, and in all respects subject to the paramount au- til they are adthority of the United States at any time to abolish, modify, control, or mitted to represupersede the same; and in all elections to any office under such provi- Who may vote sional governments all persons shall be entitled to vote, and none others, in elections to of who are entitled to vote, under the provisions of the fifth section of this fice under provisional governact; and no person shall be eligible to any office under any such provi- ments, and who sional governments who would be disqualified from holding office under are eligible to the provisions of the third article of said constitutional amendment. SCHUYLER COLFAX, Speaker of the House of Representatives. LA FAYETTE S. FOSTER, President of the Senate, pro tempore. IN THE HOUSE OF REPRESENTATIVES, March 2, 1867. The President of the United States having returned to the House of Representatives, in which it originated, the bill entitled "An act to provide for the more efficient government of the rebel States," with his objections thereto, the House of Representatives proceeded, in pursuance of the Constitution, to reconsider the same; and Resolved, That the said bill do pass, two thirds of the House of Representatives agreeing to pass the same. Attest: EDWD. MCPHERSON, office. Vol. xv. p. 4. |