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

Clothing, how SEC. 2 . .And he it further enacttd, That such cl�thiag �t�a�l be de­to be delivered. Ii:rered to the managers of such. institutions upon their requ1s�t)On there·for accompanied with such certificates as to numbers and coad1t1on as theSe�retary of War may prescribe. APPROVF,D, March 22, 1867.

March 22, 1�67.

An ordmanceadopted by the city council of .Burlington, Iowa, made le-1,'111:

CHAP. V. -An Act in &lation to a certain Tract of Land in B11rlfr19ton, Iowa.Be it enacted by the S(!nate and House of Representa_tives fJf the United States of America in Congress assembled, That a certmn ordinance adopt­ed by the city council of the city of Burlington, in the State �lf Io�va, of date of De-0ember tenth, anno Domini eighteen hundre� and s1_xty-s1:1:, e n ­titled "An ordinanr.e devoting Market Square to certain pubhc purposes,and providiag tor the location of certain railroad tracks upon certainstreets, and for other purposes," is hereby ratified, approved, and madele,,al ·and valid so far as relates to said public square; and that said ordi-I�terest of the na0nce shall op�rate to convey t-0 the Burlington and Missouri River Rail ­�ni:e,d kSts.1tes road Company all ri,,ht and interest of the United States in the premi-10 ., nr e " . "d .

f B 1· h Square, Burling· ses known as J.farket Square, 1u the sa, city o ur 1ngtoo, upon t ettb on,

8con1�eyed t0 terms and conditions and for the purposes and uses therein designate(!, e ur ,ngton • ·

d ffi if th fi · I and Missouri and shall have the same force, operation, ao e ect as e ee-SJmp el!iver u. I!. Co. title to said Market Square and streets were owned by said city at thedate of said ordinance. APPROVED, March 22, 1867.

March 23, 1867. CHAP. V I . -An Act s11pple111mt� to an Act entitl«l "An Act to ,,,-ovide ,for tM 111()1"<

� 168. efficient Gove,-nment. of the lidtel &fites," Tl'J$Sed J1.o.rch second, e,ghtt.e11 hundred arnf Vol. xiv. p. 428. sixty:seve11, and to fac,t,tate Restoration.

Pu,,, pp. 14, B . J.., c, ,. . nd rr R · , r h r, · d29, so, 41, 72, 73. e it enacted v9 the .xmatc a nouse of eprese11tatives OJ t e v11ite Registrotion States of Ame,·ica in O<mgress asser11hled, 'l'hat before the first day of Sep­

:,�.���e0!iti· tember, eighteen hundred and sixty-..even, the commanding general in ,ew �f eaeb each district defined by an act entitled " Au act to pro,ide for the more militarv distriot efficient government of the rebel States" passed March second ei"hteen before lleptem- d . al ' . · ' 0 f ber 1 1867; hun red a:pd sn,ty-seven, sh I cause a. reg1strat1on to :be made o thetoi�clnderesi- male citizens of the United States, twenty-one years of age and upwards, denL,. of twenty- resident i n each county or parish in the State or States included. in hisone years of age,

d" . . h . .

h JI . cl d I and uif.wards, 1stnct, wine registration s a .1n · u e on y those persons who are quali· iunli ed t0 vote fied to vote for delegates by the net aforesaid, and who s.hall have taken a%/!t�·�=�e and subscribed the tollowing oath or affirmation: "I, , do solemn. taken the on.th. ly swear (or affirm), in the presence of Almighty God, that I am I\ citi-l?orm of tho zen of the State of ; that I have resided in said Sw.te for ---oath.

I d" '' · d d "d · f moot 1s next precc mg u11s ay, an now res1 e 111 the county o ---, Pos1, p. 15 . or tbe pa1·ish of· , in said State (as the Ct\se may be); that I am

Who to nl­minister eh, oat.b

twenty-one years old; I .hat I have not been disfranchised for participation io anf rebeHi�n or civil war against the TJnited States, nor for felony committed against the laws of any State or of the United States; thnt Ihave never been a member of any State legislature, nor held any execu· tive or judicial office in any State and afterwards engaged in insurrection 01 · rebellion against the United States, or given aid or comfort lo 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 State.,, or as a mem­ber of any State legisl�ture?

or:as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the Uuited States, or e.ivcn aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, enc<m1·age others �o to do, so help me God"; which oath or a!Jlrmation may be administered by ally registering otlicer. Si,;c. 2. And be it further enacted, 'fhat after the completion of the

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

registration hereby provided for i n any State, at such time and places . After co\llple· therein as the commanding general shall appoint and direct, of which at t�on of rd�•tr&-1 h . d , 1· · · 100, aq upon. east t 1rty ays pub 1c notice shall be given, an election shall be held of at Iea,t lhirty: delegates to a convention for· the purpose of establishing a constitL,ti.on d.�.v•'. notice of.

d · ·1 t � h S · I I h U · "d . " the.time.and . an c1v1 governruen ,or sue tate oya to t e 0100, s111 convention 1 n ·ph,ce., tnetefor·: each State, except Virginia, to consist of the same number of members nn clectioo to b�as the most numerous branch of the State le"'islature of such Staie in the held 0( deles.ate•

. . • b . . · to a. ·conventlOn: year eighteen hund1·ed noel sixty, to be apportioned among the several to establish Ii district., counties, or parishes of $UCh State by the commanding general, constitµUon .. · ,

giving to each representation in the ratio of voters registered as aforesaid tio!";;, �C::�1:�otas 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 m�m�ers m ced­Virginia in the mo,t nnmtrou� branch of the legislature of said State in :::!! n���: 11n

the year eighteen hundred and sixty, to be apportioned as aforesaid. tioned; S1-;c. 3. And be it furthe1· enacted, 'fhat at said election the registered be�fin

wtt1 ��:­voters of each State $hall ,,ote for or ag::iin�t a convention to form a con· and how ��;�r' stitntion therefor under this act. 1'hose voting in favor of such a con· tioned. . h II h . . d b II h'cl th At the ele¢-· vent1on s a ave written or priote on t e ba ot.s by w 1 1 ey vote tion, a vote ·to for delegates, as afore�aid, the words " For a conveotior,," and those voting be t.alcen for o .r against such a convention shall have written or printed on such ballots agm1

!l•t a eons h d ' A · · " 1'l . d . ven ,on.

t e wor s ' gamst a convention. ie pe1·,ous appo1nte · to super111· Who to count tend �aid election, and to make return of the votes given thereat, as here· �od · return th• in provided, shall count and make return of the votes given . for and ,otcs- .· against a convention ; and the con1manding general to whom the s11me See poor, P··41•

shall have been returned shall ascert,'lin and declare the total vote in each .· · State for and against a convention. If a majority of the vote$ given on Convention � tb . h II b ' . . h h . h 11 b h Id b e held if a ma. at question s a e ,or a convention, t en sue convention s a e e 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 bo�ven�100\

vided, That such convention shall not be held unless a majority of all a m1�jo�ity '�1 ea,

such registered vote1·s shall have voted on the question of holding such all the registered COn"�r t' n . voters vote on

'" l 10 • • the question. ·S 1,c. 4,. And be tt furtlier 1macted, That the commanding general of Commanding

each district sbaU appoint as many boards of registration as may be ne- ge!'ernbl todap-f· · · I I I ffi k d point oar s o cessary, cons1st10g ot t 1ree oya o cers or persons, to ma e an com- T"<lgistrntion to plete the registration, superinlend the election, and make return to him supe�ioteod tbe of the. votes, list of voters, and ?f the persons elected as <l,e(egates_ by a :�\t�o:'e:!. to plurality of the vote.s cast at said elecflon; and upon rece1v1ng said re- him; . . · . . . tarns lu\ shall open the same, a.�certain the persons elected as delegates, · tdo asec 1rt .ain h

. 1 . I f b ffi I d l "d I . d. an proc aim t eaccon 1ng to t ,e 1·e,tu1·ns o t e o cers ,v 10 con uctec sa1 e ect1on, an persous ele<ii<ld

make proclamation thereof; and if a majority of the votes given on that•• doleg�te 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 ffe, fr a !aj��tyconvention, at a tiu'.le and place to be n1entioned in the notificatio.n, and or the votes �e �aid convention, when organized, shall proceed to frame a constitution foc�i��'.;'���0:·

itnd civil governinent · according to the provisions of this act, and the act meet a�d f�•m• to which it is supplem�ntary; and when the same shall have been so n c�nst1tu t,ou f I "d · · h II b b · d b h .· ,.

.6 wluen shall be ramec , sa1 constllutlon s a e su m1tte y t e convention ,or rat1 ca- submitted to the tion to lhe persons registered under the provisions of Lhis act at an elec· registe,red ".otera tion to be conducted by the officet·s or persons appointed or to be appoint- for_rat>ficnhoo .

. . . . El.et,on there-ed by the comm1111dmg general, as bere1nbefore provided, and to be held for .how to be ·after the expiration of 1.hirLy days fro1n the date of notice thereof. to be notified and · · J · d b h f h 11 b d ' h wheu to be heldgiven by sau r.onventton; an t e returns t ereo s a e ma e to t e &c. 'commanding general of the district. . Seo Post,. p. !6·.

St:c. 5; ..dnd be it further enacted, That if, according to said returns, , lf �onst,tution · h · · l all b .,,.� b , · f 1 · · f h . 1g rat,fie<l by 11 · t e con�t1tutton s 1 e raou.., y a mnJOnty o t 1e .votes o L e .reg1s· ·majority of the

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 rat- ��tt�: v;�;;Yificati.on, the president of the convention shall transrnit a copy of the thereof to be ..

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 orth�ith· transmit the same to Congress, if then in session, and if not in transnnt the • • . · bl" . d ·r ·t I II •ame to Con- session then immediately upon its next assem 1ng, an 1 1 s 1a more-gress. over a;pear t o Congress lhat the election was ooe at which all the regis-

Coogreshs to tered and qualified electol"8 in the State had an opportunity to vote freely approve t econ- . 'f C •titution if, &c. and without re-�traiot, fear, or the influence of fraud, and I the ongre;s

and to deel•T? shall be satisfied that such constitution meets the approval of a majority th• St.ate oot,- . · b S d ·r I 'd ·t't t' · b 11 Ued to rcpresen- of all the qualified electors 1n t e tate, an. 1 t 1e sa1 con� .1 .u 1011 � a tation, &c. be declared by Congress to be in conformity with the l?r .ov1s1ons �I the

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 representath·es shall be admitted therefrom as therein pro­vided.

All the elec­tions to l).e byballot.

SEC. 6 . .And be it furtlier enacted, That aJI elections in the States mentioned in the said "Act to provide for the more efficient governtoent of the rebel States," shall, during the operation of said act, be by ballot;

Officers ,:n•k - and all officers making the said registration of voters and conducting said ��g 1::,e i::'�"}i:" elections shall, before entering upon the discharge of their duties, take and o�:� pre$c�be� subscribe the oath prescribed by the act approved Jaly second, eigh­by the act of teen. hundred and sixty-two, entitled "An act to prescribe an oath of t!f:�t�·

P�i�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 -a�d f�lsely

1 •·k ing thereof du.Jy convicted shall be subject to the pains, penalties, andswe,umg n "' -

d' b'l' · I · I b I 'd d " h · hm f h · f ing u,. o�th to 1sa , 111es w uc 1 y aw are prov1 e ,or t e pun1s ent o t e crime o

be perjury. wilful and corrupt perjury. d Exf;?nses un- SEC, 7 . .A.nd be it furtlier enacted, That all expenses incurred by ths lib! �:ia�I how several commanding general8, or by virtue of any orderg issued, Or ap-

pointments made, by them, under or by virtue of this act, shall be paid . out of any moneys in the treasury not otherwise appropriated.

r �;npensation Ste. 8. And be it further enacted, That the r,onvent.ion for each Stateiho !,�����! shall prescribe the fees, salary, and compensation to be paid to all <lel ­it• offico,.., &c'. egntes and othar officers and agents herein 1.1uthorized or neceesary to :�.:f be deter- carry into effect the purposes of this act not herein otherwise pro�itled

TnX: to b& i m - for, and shall provide for the leYy and collection of such taxes on theposed 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 , I · f h b ' h - , ,lxth section of s1xt I section o t e act to w 1c this is supplementary, shall be construed the net to mean to mean " section." "a&ction. ,, SCHUYLER COLFAX,

Speaker of t/1e House of Representatu,es. B. F. WADE,

President of the Senate pro tern.pore . .

IN THE HOUSE OF REPRESENTATIVES, U .. S.,}!larch 23, 1867.

The President of the United States having returned t o the Iiouse of Representatives, in w�ich it originated, the. bill entitled "An act supple­mentary to an act entitled 'An act to prov1de for the more efficient gov­ernment of the rebel States,' passed 1'1areh second, eighteen hundred and sixty-seven, and to facilitate restoration," with his objections thereto,. the House of Representatives proceeded, in pursuance of the Constitution toreconsider the same ; and ' Resolved, That the said bill do pass, two thirds of the House of Repre­eentati ves 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 Rep­rc.�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. w. FORNEY,&creta,y.

CHAP. VIL-An Act to provide/or a District and a Oz'.rc1tit Court oftk Unit.ed States Mnrch 25,.1861. jor the District of Nebra:;ka, a11d for 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 o�e tudicia! di�tri'?t, and be called the distr!ct ?f .r::;r;:!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-an<I with the advice and consent of the Senate. · :�rnted. "P-.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 :i beand a term of the circuit court aud district court of the United States for eighth judicial said disu·ict shall be held in the city of Omaha, in the State of Nebraska, ei�f.?it. d

oo the first �londay of May, and on the first Monday of November, in plac:'�r :,d ­eacb year. ,�g e:ireuit and

S,;c. 3. And be it further en.acted, That the circuit and district courts distr,e:t C.O�.rta. of the United States for the district of Nebraska, and the judges thereof po:i::::�:�dog�­respectively, shall possess the same powers and jurisdiction and perform tie� of the, .e�- ·h d · d 1 �· d b t• h · · d d" · cu,taod dl6tnet

t e san1e ut1es possesse au< per,onue y ,,e oc er c1rcu1t an 1str1ct eourta. · 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 t£eciisthe said district of Nebraska, shall severally possess the powers and per-:;�� afto��ey. 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 coin­pcrfonn receive the fees and compensation allowed by the act entitled '' An pc18g;'.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 di�trict co�rts 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 ad · · error. heretofore prosecuted, and now pending in the Supreme Court of �rf�P;; Jr�. . the United States, upon any record from the supreme court of the T.erri-tory 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 pro-ceedings 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