The next measure was the admission of Nebraska as a State, with the condition that the new State should by a solemn act assent to the provision that there should be no denial within the State of the elective franchise, or of any other right to any person, by reason of race or color, excepting Indians not taxed. This was vetoed by the President, but passed over his veto, February 9.
The question of reconstruction proper, as applied to the States lately in insurrection, was one of greater difficulty. Several bills were presented in both houses, and very considerable differences of opinion evidently existed among the Republican members. So serious were these at one time as to make it doubtful whether any measure which would be generally satisfactory could be passed during the session. A bill at length passed the House, for abrogating the existing provisional governments in the Rebel States, and establishing military rule there, dividing the whole Southern territory into five military districts, and conferring upon the General-in-chief the power of appointing the commanders of these districts. This bill was materially modified, or rather, another bill, combining with it reconstruction measures, and placing the appointing power in the hands of the President, was presented in the Senate, by Senator Sherman of Ohio, which passed that body. To this the House disagreed, and voted to adhere to its original bill. After some time, however, the House receded, and added some important amendments to Sherman’s bill, which was then passed by both houses; the vote in the House being 128 yeas to 46 nays, and that in the Senate, 35 yeas to 7 nays.
This measure was one of such importance that we deem it necessary to give the text of it in full. It is as follows:—
“An Act to provide efficient Government for the Insurrectionary States.
“Whereas, No legal State governments or adequate protection for life or property now exist in the Rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Texas, 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,
“Be it enacted, etc., That said Rebel States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter mentioned; and for that purpose Virginia shall constitute the First District; North Carolina and South Carolina the Second District; Georgia, Alabama, and Florida the Third District; Mississippi and Arkansas the Fourth District; and Louisiana and Texas the Fifth District.
“Section 2. 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 sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.
“Section 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property; to suppress insurrection, disorder, and violence; and to 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 try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military committees 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.
“Section 4. 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 government of the army shall not be affected by this act, except in so far as they may conflict with its provisions. Provided, That no sentence of death under this act shall be carried into execution without the approval of the President.
“Section 5. When the people of any one of said Rebel States shall have formed a constitution and 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, 21 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 constitution 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 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 said constitution shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as Article 14, and when said article shall have become 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 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 amendment 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.