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usual 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.



236 HISTORY OF THE REPUBLICAN PARTY.

SEC. 5. That when the people of any one of said rebel States
shall have formed a constitution of government in conformity with
the Constitution of the United States in all respects, framed by a
convention of delegates elected by the male citizens of said State
twenty-one years old and upward, of whatever race, color, or previous
condition, who have been resident in said State for one year previous
to the day of such election, except such as may be disfranchised for
participation in the rebellion, or for felony at common law, and when
such constitutions shall provide that the elective franchise shall be
enjoyed by all such persons as have the qualifications herein stated
for electors of delegates, and when such constitution shall provide
that the elective franchise shall be enjoyed by all persons as have the
qualifications herein stated for electors of delegates, and when such
constitution shall be ratified by a majority of the persons voting on
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
such constitution, shall have adopted the amendment to the Consti-
tution of the United States, proposed by the 39th Congress,
and known as article fourteen, and when said article shall have be-
come 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 taking the oaths
prescribed by law, and then and thereafter the preceding sections of
this act shall be inoperative in said State: Provided, That no person
excluded from the privilege of holding office by said proposed amend-
ment to the Constitution of the United States shall 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.

SEC. 6. That until the people of said rebel States shall be by law
admitted to representation in the Congress of the United States, any
civil governments which may exist therein shall be deemed pro-
visional only, and in all respects subject to the paramount authority
of the United States at any time to abolish, modify, control, or super-
sede the same; and in all elections to any office under such provisional
governments all persons shall be entitled to vote, and none others,
who are entitled to vote under the provisions of the fifth section of
this act; and no person shall be eligible to any office under any such
provisional governments who would be disqualified from holding
office under the provisions of the third article of said constitutional
amendment.



DOCUMENTARY HISTORY OF THE EPOCH. 237

SUPPLEMENTARY RECONSTRUCTION ACT OF THE FORTIETH CONGRESS,

Be it enacted, etc., That before the first day of September, eighteen
hundred and sixty-seven, the commanding general in each district
defined by an act entitled " An Act to Provide for the more efficient
Government of the llebel States," passed March second, eighteen hun-
dred and sixty-seven, shall cause a registration to be made of the
male citizens of the United States, twenty-one years of age and up-
ward, resident in each county or parish in the State or States in-
cluded in his district, which registration shall include only those per-
sons who are qualified to vote for delegates by the act aforesaid, and
who shall have taken and subscribed the following oath or affirma-
tion: " I, , do solemnly swear (or affirm), in the presence of

Almighty God, that I am a citizen of the State of ; that I have

resided in said State for , or the parish of - , in said State

(as the case may be); that I am twenty-one years old; that I have not
been disfranchised for participation in any rebellion or civil war
against the United States, nor for felony committed against the law r s
of any State or of the United States; that I have never been a mem-
ber of any State Legislature, nor held any executive or judicial office
in any State, and afterw r ard engaged in insurrection or rebellion
against the United States, or given aid or comfort to the enemies
thereof; that I have never taken an oath as a member of Congress of
the United States, or as an officer of the United States, to support the
Constitution of the United States, and afterward engaged in insur-
rection and rebellion against the United States, or given aid or com-
fort to the enemies thereof; that I will faithfully support the Consti-
tution and obey the laws of the United States, and will, to the best
of my ability, encourage others so to do, so help me God"; which
oath or affirmation may be administered by any registering officer.

SEC. 2. That after the completion of the registration hereby
provided for in any State, at such time arid places therein as the com-
manding general shall appoint and direct, of which at least thirty
days' public notice shall be given, an election shall be held of dele-
gates to a convention for the purpose of establishing a constitution
and civil government for such State loyal to the Union, said conven-
tion in each State, except Virginia, to consist of the same number of
members as the most numerous branch of the State Legislature of
such State in the year eighteen hundred and sixty, to be apportioned
among the several districts, counties, or parishes of such State by the
commanding general, giving to each representation in the ratio of
voters registered as aforesaid, as nearly as may be. The 1 convention
in Virginia shall consist of the same number of members as repre-
sented the territory now constituting Virginia in the most numerous



238 HISTORY OF THE REPUBLICAN PARTY.

branch of the Legislature of said State in the year eighteen hundred
and sixty, to be apportioned as aforesaid.

SEC. 3. That at said election registered voters of each State shall
vote for or against a convention to form a constitution therefor under
this act. Those voting in favor of such a convention shall have writ-
ten or printed on the ballots by which they vote for delegates, as
aforesaid, the words " For a convention," and those voting against
such a convention shall have written or printed on such ballots the
words " Against a convention." The person appointed to superintend
said election, and to make return of the votes given thereat, as here-
in provided, shall count and make return of the votes given for and
against a convention; and the commanding general to whom the same
shall have been returned shall ascertain and declare the total vote
in each State for and against a convention. If a majority of the votes
given on that question shall be for a convention, then such conven-
tion 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. That the commanding general of each district shall ap-
point as many boards of registration as may be necessary, consisting
of three loyal officers or persons, to make and complete the registra-
tion, superintend the election, and make return to him of the votes,
lists 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 accord-
ing 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 provision
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.



DOCUMENTARY HISTORY. OF THE EPOCH. 239

SEC. 5. That if, according to said returns, the constitution shall
be ratified by a majority of the votes of the registered electors quali-
fied 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 regis-
tered 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. 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 Pre-
scribe an Oath of Office": Provided, That if any person shall know-
ingly 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 willful and corrupt
perjury.

SEC. 7. 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. 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. That the word article, in the sixth section of the act to
which this is supplementary, shall be construed to mean section.



240 HISTORY OF THE REPUBLICAN PARTY.

SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867.

Be it enacted, etc., That it is hereby declared to have been the true
intent and meaning of the act of the 2d day of March, 1867, entitled
" An Act to Provide for the more efficient Government of the Rebel
States," and of the act supplementary thereto, passed on the 23d day
of March. 1867, that the government then existing in the rebel States
of Virginia, North Carolina, South Carolina, Georgia, Mississippi,
Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal
State governments; and that thereafter said governments, if con-
tinued, were to be continued subject in all respects to the military
commanders of the respective districts, and to the paramount author-
ity of Congress.

SEC. 2. That the commander of any district named in said act
shall have power, subject to the disapproval of the General of the
Army of the United States, and to have effect till disapproved, when-
ever in the opinion of such commander the proper administration of
said act shall require it, to suspend or remove from office, or from the
performance of official duties and the exercise of official powers, any
officer or person holding or exercising, or professing to hold or exer-
cise, any civil or military office or duty in such district under any
power, election, appointment, or authority derived from, or granted
by, or claimed under, any so-called State or the government thereof,
or any municipal or other division thereof; and upon such suspension
or removal such commander, subject to the disapproval of the Gen-
eral as aforesaid, shall have power to provide from time to time for
the performance of the said duties of such officer or person so sus-
pended or removed, by the detail of some competent officer or soldier
of the army, or by the appointment of some other person to perform
the same, and to fill vacancies occasioned by death, resignation, or
otherwise.

SEC. 3. That the General of the Army of the United States shall
be invested with all the powers of suspension, removal, appointment,
and detail granted in the preceding section to district commanders.

SEC. 4. That the acts of the officers of the army already done in
removing in said districts persons exercising the functions of civil
officers^ and appointing others in their stead, are hereby confirmed:
Provided, That any person heretofore or hereafter appointed by any
district commander to exercise the functions of any civil office, may
be removed either by the military officer in command of the district,
or by the General of the Army. And it shall be the duty of such com-
mander to remove from office, as aforesaid, all persons who are dis-
loyal to the tjovernment' of the United States, or who use their official



DOCUMENTARY HISTORY OF THE EPOCH. 241

influence in any manner to hinder, delay, prevent, or obstruct the
due and proper administration of this act and the acts to which it is
supplementary.

SEC. 5. That the boards of registration provided for in the act en-
titled " An Act Supplementary to the Act entitled ' An Act to Pro-
vide for the more efficient Government of the Rebel States,' passed
March 2, 1867, and to Facilitate their Restoration," passed March 23,
1867, shall have power, and it shall be their duty, before allowing the
registration of any person, to ascertain upon such facts or information
as they can obtain, whether such person is entitled to be registered un-
der said act, and the oath required by said act shall not be conclusive
on such question, and no person shall be registered unless such board
shall decide that he is entitled thereto; and such board shall also
have power to examine, under oath (to be administered by any mem-
ber of such board), any one touching the qualification of any person
claiming registration; but in every case of refusal by the board to
register an applicant, and in every case of striking his name from
the list as hereinafter provided, the board shall make a note or mem-
orandum, which shall be returned with the registration list to the
commanding general of the district, setting forth the grounds of such
refusal or such striking from the list: Provided, That no person shall
be disqualified as member of any board of registration by reason of
race or color.

SEC. 6. That the true intent and meaning of the oath prescribed in
said supplementary act is (among other things), that no person who
has been a member of the Legislature of any State, or who has held an
executive or judicial office in any State, whether he has taken an oath
to support the Constitution of the United States or not, and whether
he was holding such office at the commencement of the rebellion, or
had held it before, and who has afterward engaged in insurrection
or rebellion against the United States, or given aid or comfort to the
enemies thereof, is entitled to be registered or to vote; and the words,
" executive or judicial office in any State " in said oath mentioned
shall be construed to include all civil offices created by law for the
administration of any general law of a State, or for the administra-
tion of justice.

SEC. 7. That the time for completing the original registration
provided for in said act may, in the discretion of the commander of
any district, be extended to the first day of October, 1867; and the
boards of registration shall have power, and it shall be their duty,
commencing fourteen days prior to any election under said act, and
upon reasonable public notice of the time and place thereof, to revise,
for a period of five days, the registration lists, and upon being satis-



242 HISTORY OF THE REPUBLICAN PARTY.

fled that any person not entitled thereto has been registered, to strike
the name of such person from the list, and such person shall not be
allowed to vote. And such board shall also, during the same period,
add to such registry the names of all persons who at that time possess
the qualifications required by said act who have not been already
registered; and no person shall, at any time, be entitled to be regis-
tered or to vote, by reason of any executive pardon or amnesty, for
any act or thing which, without such pardon or amnesty, would
disqualify him from registration or voting.

SEC. 8. That section four of said last-named act shall be con-
strued to authorize the commanding general named therein, when-
ever he shall deem it needful, to remove any member of a board of
registration and to appoint another in his stead, and to fill any va-
cancy in such board.

SEC. 9. That all members of said boards of registration, and all
persons hereafter elected or appointed to office in said military dis-
tricts, under any so-called State or municipal authority, or by detail
or appointment of the district commanders, shall be required to take
and to subscribe the oath of office prescribed by law for officers of
the United States.

SEC. 10. That no district commander or member of the board of
registration, or any of the officers or appointees acting under them,
shall be bound in his action by any opinion of any civil officer of the
United States.

SEC. 11. That all the provisions of this act and of the acts to which
this is supplementary shall be construed liberally, to the end that all
the intents thereof may be fully and perfectly carried out.

AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868.

Be it enacted, etc., That hereafter any election authorized by the
act passed March 23, 1867, entitled " An Act Supplementary to ' An
Act to Provide for the more efficient Government of the Rebel States,'
passed March 2, 1867, and to Facilitate their Restoration," shall be
decided by a majority of the votes actually cast; and at the election
in which the question of the adoption or rejection of any constitution
is submitted, any person duly registered in the State may vote in
the election district where he offers to vote when he has resided
therein for ten days next preceding such election upon presentation
of his certificate of registration, his affidavit, or other satisfactory
evidence, under such regulations as the district commanders may
prescribe.

SEC. 2. That the constitutional convention of any of the States
mentioned in the acts to which this is amendatory may provide that



DOCUMENTARY HISTORY OF THE EPOCH. 243

at the time of voting upon the ratification of the Constitution, the
registered voters may vote also for members of the House of Repre-
sentatives of the United States, and for all elective officers provided
for by the said Constitution; and the same election officers, who shall
make the return of the votes cast on the ratification or rejection of the
Constitution, shall enumerate and certify the votes cast for members
of Congress.




THE PERIOD OF RESTORATION.
I.

THE GRANT AND COLFAX CAMPAIGN.

Fourth Republican National Convention General Grant Grant and
Johnson Organization of the Chicago Convention Sickles and
Hawley The Platform of 1868- General Logan Contest for the
Vice-Presidency Wade and Colfax Popularity of Schuyler Col-
fax Tender of the Nominations Democratic National Conven-
tion Pendletou Chief Justice Chase The Intrigues Nomina-
tion of Horatio Seymour Frank P. Blair, Jr., for Vice-President
The Campaign Analysis of the Result The Electoral Count
Louisiana The Fifteenth Amendment Inauguration of Presi-
dent Grant.

| HE Fourth Republican National Convention met at Chicago
May 20, 1868, only four days after the first vote in the
Senate on the Articles of Impeachment. There was no
concealment of the keen disappointment that was felt at
the President's escape. But this feeling of disappointment in no way
diminished the enthusiasm of the party. As had always been the
case with these great Republican gatherings, the Convention was
largely made up of young men. Among these were Eugene Hale, of
Maine; William E. Chandler, of New Hampshire; George B. Loring,
of Massachusetts; Charles C. Van Zandt, of Rhode Island; Joseph R.
Hawley, of Connecticut; Chauncey M. Depew and Frank Hiscock, of
New York; General Harry W T hite, of Pennsylvania, and Emory A.
Storrs, of Illinois. There was a large number of men who filled dis-
tinguished positions in their States then or afterward William Claf-
lin, Governor of Massachusetts; Lyman Tremaine, Attorney-General,
and Charles Andrews, afterward Chief Justice of New York; John
A. J. Creswell, of Maryland, afterward in Grant's Cabinet; John A.
Bingham, of Ohio; Richard W. Thompson, of Indiana, Secretary of
the Navy under President Hayes; James Speed, of Kentucky, and
Governor Fletcher, of Missouri. The distinguished soldiers of the
Union included John A. Logan, of Illinois; Daniel E. Sickles, of New
York, and Carl Schurz, of Missouri. Among the delegates New York
sent Moses H. Grinnell; New Jersey, A. G. Cattell; Pennsylvania,
Colonel John W. Forney; and Indiana, Henry S. Lane. It was a Con-



THE GRANT AND COLFAX CAMPAIGN. 245

vention grandly representative of the past history of the party, in-
stinct with the purposes that inspired the Reconstruction policy of
Congress, and typical of the future that was in store for the country.

The Chicago Convention of 1868 was in marked contrast with that
of 1860. Of the two men in whom the interest centered eight years
before one was dead and the other was dead to the party. Abraham
Lincoln had been foully murdered. William H. Seward had shared
the disgrace of Johnson's Administration. Weed and Evarts, so con-
spicuous before, were now only conspicuous through their absence.
The Whig influences that then were potent, now were obliterated.
A great war had intervened, to be followed by a period of agitation
the most stirring and bitter in American political history. Out of
the war had come one great soldier triumphant in arms and faith-
ful in peace. There was only one candidate for the Presidential nomi-
nation Ulysses S. Grant. He was not the candidate of the politi-
cians, who would have preferred that the nomination should go to
a party chief, but the popular will was so unmistakable that no de-
termined effort was made to forestall the popular choice.

After the war General Grant's position w T as a singularly trying
one. Toward the President and toward Congress he maintained re-
lations of peculiar delicacy. As the head of the army it was his duty
to co-operate in carrying out any plan for the restoration of the South



Online LibraryGeorge Oberkirsh SeilhamerHistory of the Republican party (Volume 1) → online text (page 26 of 61)