第 34 节
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飘雪的季节 更新:2021-02-17 23:32 字数:9322
on that question shall be for a convention; then such convention
shall be held as hereinafter provided; but if a majority of said
votes shall; be against a convention; then no such convention shall
be held under this act: Provided; That such convention shall not be
held unless a majority of all such registered voters shall have voted
on the question of holding such convention。
SEC。 4。 And be it further enacted; That the commanding general of
each district shall appoint as many boards of registration as may be
necessary; consisting of three loyal officers or persons; to make and
complete the registration; superintend the election; and make return
to him of the votes; list of voters; and of the persons elected as
delegates by a plurality of the votes cast at said election; and upon
receiving said returns he shall open the same; ascertain the persons
elected as delegates; according to the returns of the officers who
conducted said election; and make proclamation thereof; and if a
majority of the votes given on that question shall be for a
convention; the commanding general; within sixty days from the date
of election; shall notify the delegates to assemble in convention; at
a time and place to be mentioned in the notification; and said
convention; when organized; shall proceed to frame a constitution and
civil government according to the provisions of this act; and the act
to which it is supplementary; and when the same shall have been so
framed; said constitution shall be submitted by the convention for
ratification to the persons registered under the provisions of this
act at an election to be conducted by the officers or persons
appointed or to be appointed by the commanding general; as
hereinbefore provided; and to be held after the expiration of thirty
days from the date of notice thereof; to be given by said convention;
and the returns thereof shall be made to the commanding general of
the district。
SEC。 5。 And be it further enacted; That if; according to said
returns; the constitution shall be ratified by a majority of the
votes of the registered electors qualified as herein specified; cast
at said election; at least one…half of all the registered voters
voting upon the question of such ratification; the president of the
convention shall transmit a copy of the same; duly certified; to the
President of the United States; who shall forthwith transmit the same
to Congress; if then in session; and if not in session; then
immediately upon its next assembling; and if it shall moreover appear
to Congress that the election was one at which all the registered and
qualified electors in the State had an opportunity to vote freely;
and without restraint; fear; or the influence of fraud; and if the
Congress shall be satisfied that such constitution meets the approval
of a majority of all the qualified electors in the State; and if the
said constitution shall be declared by Congress to be in conformity
with the provisions of the act to which this is supplementary; and
the other provisions of said act shall have been complied with; and
the said constitution shall be approved by Congress; the State shall
be declared entitled to representation; and senators and
representatives shall be admitted therefrom as therein provided。
SEC。 6。 And be it further enacted; That all elections in the States
mentioned in the said 〃Act to provide for the more efficient
government of the rebel States〃 shall; during the operation of said
act; be by ballot; and all officers making the said registration of
voters and conducting said elections; shall; before entering upon the
discharge of their duties; take and subscribe the oath prescribed by
the act approved July second; eighteen hundred and sixty…two;
entitled 〃An act to prescribe an oath of office〃: Provided; That if
any person shall knowingly and falsely take and subscribe any oath in
this act prescribed; such person so offending and being thereof duly
convicted; shall be subject to the pains; penalties; and disabilities
which by law are provided for the punishment of the crime of wilful
and corrupt perjury。
SEC。 7。 And be if further enacted; That all expenses incurred by the
several commanding generals; or by virtue of any orders issued; or
appointments made; by them; under or by virtue of this act; shall be
paid out of any moneys in the treasury not otherwise appropriated。
SEC。 8。 And be it further enacted; That the convention for each State
shall prescribe the fees; salary; and compensation to be paid to all
delegates and other officers and agents herein authorized or
necessary to carry into effect the purposes of this act not herein
otherwise provided for; and shall provide for the levy and collection
of such taxes on the property in such State as may be necessary to
pay the same。
SEC。 9。 And be it further enacted; That the word 〃article;〃 in the
sixth section of the act to which this is supplementary; shall be
construed to mean; 〃section。〃
SCHUYLER COLFAX;
Speaker of the House of Representatives。
B。 F。 WADE;
President of the Senate pro tempore。
CHAPTER X1。
PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETOPLACED
IN COMMAND OF THE FIFTH MILITARY DISTRICTREMOVING OFFICERSMY
REASONS FOR SUCH ACTIONAFFAIRS IN LOUISIANA AND TEXASREMOVAL OF
GOVERNOR WELLSREVISION OF THE JURY LISTSRELIEVED FROM THE COMMAND
OF THE FIFTH MILITARY DISTRICT。
The first of the Reconstruction laws was passed March 2; 1867; and
though vetoed by the President; such was the unanimity of loyal
sentiment and the urgency demanding the measure; that the bill became
a law over the veto the day the President returned it to Congress。
March the 11th this law was published in General Orders No 。 10; from
the Headquarters of the Army; the same order assigning certain
officers to take charge of the five military districts into which the
States lately in rebellion were subdivided; I being announced as the
commander of the Fifth Military District; which embraced Louisiana
and Texas; a territory that had formed the main portion of my command
since the close of the war。
Between the date of the Act and that of my assignment; the Louisiana
Legislature; then in special session; had rejected a proposed repeal
of an Act it had previously passed providing for an election of
certain municipal officers in New Orleans。 This election was set for
March 11; but the mayor and the chief of police; together with
General Mower; commanding the troops in the city; having expressed to
me personally their fears that the public peace would be disturbed by
the election; I; in this emergency; though not yet assigned to the
district; assuming the authority which the Act conferred on district
commanders; declared that the election should not take place; that no
polls should be opened on the day fixed; and that the whole matter
would stand postponed till the district commander should be
appointed; or special instructions be had。 This; my first official
act under the Reconstruction laws; was rendered necessary by the
course of a body of obstructionists; who had already begun to give
unequivocal indications of their intention to ignore the laws of
Congress。
A copy of the order embodying the Reconstruction law; together with
my assignment; having reached me a few days after; I regularly
assumed control of the Fifth Military District on March 19; by an
order wherein I declared the State and municipal governments of the
district to be provisional only; and; under the provisions of the
sixth section of the Act; subject to be controlled; modified;
superseded; or abolished。 I also announced that no removals from
office would be made unless the incumbents failed to carry out the
provisions of the law or impeded reorganization; or unless willful
delays should necessitate a change; and added: 〃Pending the
reorganization; it is; desirable and intended to create as little
disturbance in the machinery of the various branches of the
provisional governments as possible; consistent with the law of
Congress and its successful execution; but this condition is
dependent upon the disposition shown by the people; and upon the
length of time required for reorganization。〃
Under these limitations Louisiana and Texas retained their former
designations as military districts; the officers in command
exercising their military powers as heretofore。 In addition; these
officers were to carry out in their respective commands all
provisions of the law except those specially requiring the action of
the district commander; and in cases of removals from and appointment
to office。
In the course of legislation the first Reconstruction act; as I have
heretofore noted; had been vetoed。 On the very day of the veto;
however; despite the President's adverse action; it passed each House
of Congress by such an overwhelming ma