Page:United States Statutes at Large Volume 13.djvu/774

 746 .41>1>EN1>1x; visional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, C shrgl veg, pg léebeligipletzo be elected Ilas delegate, at such election. omrnissioners `Ec. . n e it ur er enacted, hat the said commissioners, or either of gg °l°°¤°¤ *0 mh them, shall hold the election in conformity with this act, and, so far as may be °' consistent therewith, shall proceed in the manner used in the state prior to the _Oath of site- rebellion. The oath of allegiance shall he taken and sulmcribed on the poll-book gvsgggémzfy by every voter in the- form above prescribed, but every person known by, or wud_ proved to, the commissioners to have held or exercised any office, civil or military, state or oonfederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he oder to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The Poll-book. poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. Gf*'*=*`¤<>¢`*0 Sec. 6. And be it further enacted, That the provisional governor shall, by °(:;§‘ki2§lg?L?'-proclamation, convene the delegates elected as aforesaid, at the capital of the im. {hc (mh state, on a day not more than three months after the election, giving at least and preside, ° thirty days' notice of such day. In case the said capital shall in his judgment be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States iu the form above prescribed. Duty of Sec. 7. And be it further enacted, That the convention shall declare, on be- °°‘"`°“’·*°“· halt' of the people of the state, their submission to the constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every state, and incorporate them in the constitution of the state, that is to say: Fqutihméntal First. No person who has held or exercised any office, civil or military, except §;;’l‘f;;;:;‘iS of offices merely ministerial, and military offices below the grade of colonel, state or ° °°‘ coufederate, under the usurping power, shall vote for or be a member of the legislature, or governor. Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said state. Third. No debt, state or confederate, created by or under the sanction of the Commution usurping power, shall be recognized or paid by the state. _ Sm. {hm » Sec. 8. And beitt further enacted, That lwhenl the convention shall have adopted to be adopted those provisions, it shall proceed to reestablish a republican form of govsubmmedwthe ernment, and ordain a constitution containing those provisions, which, when people. adopted, the convention shall by ordinance provide for submitting to the people of the state, entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or 'against such constitution and form of state government, and the returns of said election shall be made to the provisional governor, who shall canvass the same in the presence of the electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government ot' the state, and from the date of such recognition, and not betbre, Senators and Representatives, and electors for President and Vice-President may be elected in such state, according to the laws of the state and of the United States. lf convention Sec. 9. And be it further enacted, That if the convention shall refuse to rees- EEs:h;°s;:£‘“b' tablish the state government on the conditions aforesaid, the provisional govgovernmem on ernor shall declare 1t dissolved ; but it shall be the duty of the President, whenever most, conditions, he shall have reason to believe that a. sufficient number of the people of the state governor to dis- entitled to vote under this act, in number not less than a majority of those en- Another ccu- tions aforesaid, to direct the provisionahgovernor to order another election of l`°““°“· delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as hereinbefore provided, either to dissolve
 * °1"° lt- rolled, as aforesaid, are willing to reestablish e, state government on the condi-