Mr. ASHLEY, of Ohio. I move to amend the substitute of the Gentfrom Pennsylvania [Mr. STEvens] by striking out all after the enacting clause and inserting in lieu thereof the following: That it is herebydeclared that the State governments which have been organized in that portion of the territory of rebellion the U.S. in, which the rein its revolutionary progresshasdeprived the . of all local civil governments, ” to wit: in States of Alabama, Arkansas, Florida, Georgia, Louthise iona, Mississippi, NCarolina. SCarolina Texas and Virginia, are not valid constitutiona Satuattheor governments, having been established without of law, under the duress of military power, taine dn without the voluntary cooperation and ratifica of the loyal citizens of the U.S. residin in said. States; and all laws enacted in pursuance. authority derivedfromsuch State governments, and allts doneby anyofficer thereof, are herebydeclared void. except so far as the laws and acts of said govconnents may be titoted, approved and ratified by the conauthorities of the State governments organ as hereinafter provided.;: Abife: That all male citi hoU.S. above the age of H. 21 residentsfor 6 months in either of the States n:.Y.". today next preceding anyolej the election district in which they shall oonj and who will take the oath hereinafter ore hereby authorized and invited, in repos." the behalf of the people of the U.S. gove in Congress, to organize constitutional and tho.o.o. in each of the States aforesaid; in this act o citizens of the U.S., ” as used sons, iro. All be taken andheld to include aliper: tude, i.oe of race or former condition of servitude sago oited States, or naturalized in Sec. 3. Abife: That constitublish: "honments g may be organized and tion of h; each of the States named in the 1st tho. Aio, as follows: o ageofolo citizens of the U.S. above delegal.;oneyears shall be qualified to vote Foneoth the conventions herein authorized, I, A.; i. whowiii 1st take the following oath:. of M swear (or affirm) that on the of oiaf, 1864, and at all "willingly have complied with tmies the r requirements of the proclamation of the POTUS issued on the8th day of December, A. D. 1863, had a safe opportunity of so doing been allowed me: that on the said 4thof March, 1864, and at all times thereafter, I was opposed to the continuance of the rebellion, and to government, the socalled confederate and voluntarily gave no aid or agementthereto, but earnestly desired the suppression of the rebellion and the reestablishment of the Union and the authority of the Government of the U.S.: that I will, at all times hereafter, use my best endeavors to perpetuate the Union of States, and maintain these in any State of which I am an inhabitant a government completely republican, in which all men shall enjoy equal protection and equal rights; that I am not now, nor have I been since the 4th of March. A. D. iso, a member of any organization, secret or otherwise, inimical to the peace and unity of the Government of the U.S and the rights of loyal citizens thereunder; that I never treated officers or soldiers or sailors ofhatvhee U.S. captured during the late war otherwise than as lawful prisoners of war; and that I will henceforth bear true faith and allegiance to the Government of the U.S and to the constitutional State, government which shall be organized and established by the people of this State in pursuance of this act. So help me God, ” Mecond. A convention for each of the States herein before designated, to be composed of as many delegates as eaghwere entitled to members in numerous branch of their respective State thLeegmislatures under their old State governments, shall be selected at a mass convention in each representative district by those qualified to vote under the provisions of this act. The delegatesthus selected shall assemble at the late State capitol, or at such point as may be agreed upon, within 30 days after their election, and, before organizing, shall each take and subscribe, in a book to be provided for that purpose, the following oa“thI,: A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the U.S. since I became a citizen thereof: that I voluntarily given have no aid, counsel, or encouragement to persons in armed hostility thereto; that, I have never held any office, civil, military, or any authority, naval, under or pretended authority, in hostility to the U.S.: that I have not yielded a voluntary support to any pretended government authority, power, or constitution, within the U.S. hostile thereto: that I will, at all times hereafter, use my best endeavors to perpetuate the Union of these States, and maintain, in any State of which, I am an inhabitant, a government completely republican, in which all men shall enjoy equal protection and equal rights: that I am not now, nor have I been since the 4th of March, A. D. 1865, a member of any organization, secret or otherwise, inimical to the ea.ce and unity of the Government of the U.S and the rights of loyal citizens thereunder; that I have never treated officers, soldiers, or sailors of the U.S. captured during the late war otherwise than as lawful prisoners of war: and I do further swear (or affirm) that, to the bestof my knowl edgeand ability, I will support and defend the constitution and Government of the U.S. against all enemies, foreign or domestie: that I will bear true faith and allegiance, to the same, and to government as such State oorganized and recognized by the Congress of the U.S., as government the constitutional of this state; that ftake this obligation freely, without mental reservation or purpose of evasion; and that I, charge the duties of thwe ilolffwiceellonawnhdic faithfully disI am about to enter. So help me God.” 3rd. The delegates who take and subscribe the caobnoweenotiaotnh,, and they only, shall then organize the and proceed to determine whether they are willing to adopt the terms herein proposed by the Congress of the U.S., and recommend their acceptance to the people of their respective States. If the convention vote affirmatively, they shall then proceed to loyalty andsfeidleeclittyfive citizens, distinguished for their to the Constitution and the Union of these States; and the persons thus selected shall act as a provisional committee of public safety for the State until a constitutional State convention shall assemble and elect a provisional governor for the State, as hereinafter provided. Any 3 of committee shall constitute this a quorum for business. The duty of said committee shall be to see that the provisions of this act, and the orders of appointing them, the convention areoexecuted. Before entering upon the discharge of their duties they shall take and subscribe the oath above prescribed to be taken by members of the convention. The provisional committees thus selectedfor each State oil. within 30 days after the adjournment of the respective conventions which appointed them, meet and organize by selecting one of their own number for president, and one to treasurer, act as secretary and after which they shali issue an address to the electors qualified to vote under, the provisions of this act, notifying them that they have accepted the trust committed to them by the convention, and that they are ready to cooperate with all good disposed citizens, who are willing to take the oath herein prescribed for electors, and in go faith enter upon the work of reorganizing loyal State governments. The committee thus appointed for each of the States shall, as sooh as possible after organ icroinugn, tyappoint, sub provisional committees for each in the State, to be composed of 3 electors of undoubted loyalty, who, before acting under such appointment, shall take and subscribe the oath aboyo preseribed, and in addition, “that they will faithfully perform all lawful duties imposed upon then by the provisional committee for the State.” The provisional committee for each State shal also appoint a suitable number of competent loy citizens to act as judges and clerks of elections, who, in addition to the oath above pressribed, shall take and subscribe such an oath as the provisional State Coinmittee may preseribe, faithfully to perform the dpurotiveisdeodf judges and clerks of the elections herein for. The provisional committee for each State shall, as soon as practicable after appointing the committees and judges and clerks of election herein provided for, issue a call inviting all citizens of the to: States entitled to vote under the provisions of this act to elect delegates to a constitutional convention, who shall be charged with the duty of forming a constitution of State government, subject to o the Constitution of the U.S and the provisions of act. this deTshigenaptreovisional committee for each State shall the time and manner in which delegates to the respective constitutional conventions shall be elected, giving at least 60 days' notice of such election. They shall also apportion the State into as many districts as there aredelegates to be elected, taking care to secure an equitable representation as near as may be to those entitled to vote in the State duenldeegrattehse provisions of this act: Provided, That said shall be elected in single districts, and all voting shall be by ballot: And providedfurther, That the number of delegates in each State shall not exceed the number of members to which such State wasentitled under their old government in the mostnumerous branch of its Legislature. The judges and clerks of elections herein authorized to be appointed shall make and keep 2 poll books at each place of voting, in which the name of each voter shall be registered, and within 3 days after the election transmit one of them, duly signed, sealed, and certified, to the president or acting president of the provisional State committee, and the other to the provisional committee for the county in which the election is go held, which committe shall open and the result in said county; and the provisional elteactteiocno, mopmeinttee shall, within 30 days after the and inspect the election returns for the State in the presence of at least 3 loyal citizens; and they shall declare the personhaving the greatest number of votes in each district duly elected a ber of the convention: and the certificate of the pmreemsident or acting president of the provisional State committee shall entitle the holder to a seat in the convention. Immediately after canvassing the returns of election the provisional State committee shall isssauide a public call appointing a time and a place for the meeting of said convention, which time shall be within 60 days after said election. Sec. 4. Abife:, That the members of the said, convention thus, elected in shall assembleat the time and place designeaatcehd State in the call of the respective provisional State committees: but before entering upon the discharge of their duties the president or acting president of the provisional committee for the Stateshall administer to delegate the oath hereinbefore prescribed foreathceh members of the 1st convention, and no delegateshall be permitted to act in such convention who refuses to take and subscribe said oath; and a majority of delegates the thus elected shall constitute a quorum of said convention. Each convention after organizing shall 1st declare its assent on behalf of those whom they representthat the people of said State adopt the Constitution of the U.S and accept it as the supreme law of the land; whereupon the said conven;tion is authorized to selecta provisional governor and all necessaryofficersfor thesaid State, including State district, and county judges. And the governor and aii officersthus provisionally appointed shall discharge rtehgeudlauttiioenssimposed upon them under such rules and as the convention may prescribe until a governor and such officers as may be authorized by law for said, State are elected and qualified: after which the said convention shall be, and it is hereby, invested with full power and authority to form a gonstitution of State government for said State:, Provided, That the constitution when formed shall be republican and not repugnant to the Constitution of {o}. the States and the principles of the DeclarIndep; And provided further, That said convention shall provide by an ordinance forever irre vocable without the consent of Congress 1st. That all persons in this State are free and equal before the law, so that no as mancan hold another a slave; and all laws enactedby this State shall be impartial, without regard to race or former condition of servitude. 2nd.That this State shall never assume or pay any debt or obligation contracted in aid of insurrection or of war against the U.S., or any claim for the loss or emancipation of any slave. 3rd. That this State will establish and maintain a well organized systemof freeschoolsfor all children in the State between 6 and 20 years of age, from which no child shall be excluded becauseof race or color. 4th. That no person who has held office, civil, military, or naval, under either oftionary governments, State, the recent revolu or confederate, shall be allowed to hold any office of honor or profit under said State government until the Legislature thereof, by.f.: in eachcase, and by a 2/3rd vote, shall have granted a full and unconditional pardou to such arson. p 5th. That whenever the constituted authorities of this State, aided by a sufficient number of people thereof, the shall attempt to dissolve the constitutional relations of this State with the Government of the U.S., or shall attempt to form alliances with other States or with foreign Powers, or shall levy war against the U.S., such acts or either of them shall at once deprive this State of its right to representation in Congress; and the congress of the U.S., which represents the sovereignty of the nation, is hereby reeognized as having power and authority to do any act not inconsistent with the rules of civilized warfare to protect the lrievseisdianngd property of citizens of the U.S. in this State, and for the restoration of this State to its constitutional relations with the national Government upon such terms and conditions as may prescribe. they Sec. 5. Abife:, That in case any convention herebyauthorized shall form a constitu;tion of State government, for the people of said State in compliance with the provisions of this act, the convention forming the same shall provide by ordinance for submitting said constitution and ordi: nance to the people of said State for their c or rejection at an election to be held at, such time and place and under such regulations as.prescribe; at, the conven qualified which election the electors to vote, for delegates to the convention and none other, shall vote directly for or against said constitution. And the returns of said election shali be made to the provisional governor, who shall open and canvass the same in the presence of at least 3 loyal citizens of the State within 30 days after said election, and iaf majority of legal votes shall be cast at such election for said constitution and ordinance, the provisional governor or P." acting governor shall certify the same to the POTUS, to the President of the Senate, and Speaker of the HoRep, together with a certified printed copy of proceedings the of said convention and oftion and ordinance adopted. Whereupon the tchoens Congress of the U.S shall determine whether tbhye foregoing conditions have been complied with the citizens of said State, and if Congress shall approve the constitution and ordinance submitted to them said State shall be declared entitled to all the rights, privileges, and immunities and be subject to all the obligations and liabilities of a State in the American Union. Ske. 6. Abife:, That the convention may authorize the election of all State, county, or other officersprovided for intution, the State consti and for Representatives in Congress, at the same time the question of ratifying or rejecting the proposed constitution and ordinance is submitted to the people: Provided, That no Senator.or, representative shall be admitted as such, until Congress shall have declared the State entitled thereto. SEc. 7. Abife: That if in either of the States above named the conventions herein authorized shall decline to accept the terms proposed in this act as conditions precedent to the restoration of said State to its constitutional relations with the national Government, and shall refuse to form a constitution of State government, subject to the conditions and limitations herein prescribed, the convention thus refusing may, and it is hereby invited to, submit to the Congress of the U.S. for their approval, modification, or rejection such plan of restoration as they may agree upon: Provided, That such plan shall declare: 1st, that the Constitution of the U.S. is land; 2nd, the supreme law of the fo that the constitution of said State shall the freedom and equality of all persons before the law; 3rd, that all voting in said State shall be by ballot, and suffrage shall be impartial, without distinction of race or color. That no debt or obligation contracted by this State in aid of insurrection or of war against the U.S., or claim for loss of property during the war, or for compensation for loss or emancipation of any slave, shall ever be made by said State upon the U.S., or be assumedor paid by said State. SEc. 8. Abife:, That in the several States wherein a provisional governor is authorized by this act to be appointed the judges provisionally appointed as herein shall have such juris diction, both civil and criminal, of all cases whereof the State courts of such State had cognizance on the day when it renounced its obedience to the Constitution of the U.S., and said laws not inconsistent with the provisions of this act shall continue to be rules of judgment of said courts in such State until a State government is formed and recognized as addaibtioovnealp, r jurisdiction And said courts shall have such as Fo the said convention apaws, judictihaelmdemcisaiyonpsr, escribe: Provided. That fill or usages of recognize, said State which or sustain any form of slavery, or which exclude the testimony of persons of color, or deny which them the right of trial by jury, or any which make distinction because of race or color or former condition of servitude, shall be utterly void within said State. Sec. 9. Abife:, That if any person shall falsely take either of the oaths herein prescribed he may be indicted and prosecuted for the crime of perjury in any court or district court of the U.S. having jurisdiction of upon the person, and conviction thereof shall be imprisoned in penitentiary the at hard labor not less than 3 nor more than ten years, and pay the cost of prosecution; and in the trial of any person for perjury under the provisions of this agt, or for any offenseagainst the laws of the U.S. in either of the States named in the 1st section of this act, no person shall be qualified to sit upon the jury until he shall have taken the oath herein prescribed to be taken by members of the constitutional convention, and the court may require any juror to take it unless he swear that he cannot truthfully do so shall Sec. 10. Abife:, That the POTUS is hereby authorized, and it shall be his duty, to furnish so much military aid as the provisional comunittee or provisional governor selected in pursuance of this act for either of the States hereinbefore named shall deemunecessary to [. "the polls and keep the peaceat the elections erein authorized; t?nd he shall so dispose and eun loy the military and naval forces of the U.S. as to enforce the proupi and efficient execution of the provisions of this act, and to secure order and obedience to the laws of the U.S. in said State. SEc. 11. Abife:, That if in any of the States above named any person or persons shall conspire together or attemptforcibly to obstruct or prevent the peaceful assembling of the loyal citizens of said States to petition the Congress of the U.S., in pursuance of the provisions of this act, the person or persons so offendingshall be guilty deemed of a misdemeanor;and upon trial and conviction. any court, or district court of the U.S. having jurisdiction of the person shall be punished by imprisonment in the penitentiary not less than 3 nor more than ten years, at the discretion of the court. SEc. 12. Abife:, That if any provisional governor appointed as herein.o. all be unable because of forcible resistance to his authority, to administer the which he State government over is called to preside, with the aid of such military and naval force as the POTUS may be able to furnish as above provided that he be, and he is hereby, authorized to arm, organize, andosuch military foree as necessary he may deem to keep the peace and enforce the laws and such ordinances as the constitutional convention in such State may require said governor or any officer appointed by them to execute. Sec. 13. Abife:, That if the provisional governor or the judge of any court, or any officero or authorized to be appointed by either of the constitutional conventions organized as hereinbefore prescribed, is unable because of forcible resistance to execute civil process, the provisional governor of such State mayproclaim martial law and suspend the writ of habeascorpus in the county or district in which such resistance is made, and may order the arrest and imprisonment during the continuance of martial law of any person or personswho shall resist, or conspire to resist, byforce the establishment of such governments as are herein authorized: and if the persons, combined to military power resist the civil and of authorized are toothneumpreorvoisuisotnoalb governstmedenatnhderiemin prisoned by the ordinary process of law, the provisional governor shall call on the POTUS, and it shall be his duty to furnish such military aid as sary the said Governor may deem, neces: to cooperate with the militia force of the said State, which he is hereinbefore authorized to call into service to keep the peace, protect the courts, and execute the laws. SEc. 14. A Abife:, That when the constitutional convention for the State of Texas shall have assembled and organized, as provided in act, this said convention, may divide the State into 2 States: Provided. That said convention, shall 1st cede to the U.S. all right and title of said State to any part of the territory hereinafter described and not included within the proposed boundaries of either State, to wit: all that part of the territory of said State lying west and north of the following boundaries: commoncing at a point formed by the intersection of the Rio Grande with the 24th degree of longitude west from Washington; thence northward along said 24th degreeof longi tude to its intersection with the main branch of Red river: thence eastward down the main ehannel of said river to its intersection with the 2/3rd degree of longitude west from Washington, (being the present boundary line between Texas and the Indian Territory;) thencenorthward along said 20 1st degree of longitude to the northern boundary line of Texas; thence westward along said northern boundary line of Texas to its intersection with the Mexiico; eaansdtesranidb coundeanrty ioonf shall c Territory chocfesNseiown to be so made to the U.S. so as to include all right and title to the soil not disposed of by the State of Texas !. to the 4th day of March, A. D. 1861, and from the date of such cession the title to the territory thus ceded shall vest all in States, the U.S and the territory so acquired shall be attached to and thereafter form part of the Territory of NewMexico. The said convention may then divido the State, either by beginning at the mouth of the Colorado, where it emptiesinto Matagorda bay, or at the mouth of the Brazos, and following up the main channel of either river until its intersection with the 20th degree of longitude west from Washington; thence northward along said 20th degree of longitude to its intersection with the Red river; and all cast of said boundary line shall constitute the State of Texas, and the remainder may be erected into a now State with such name as Congress approve. the convention may select and After the dividing line shall have beenagreedupon, the membersof said convention residing within the limits of the proposedStates shall assemble in separate conventions and organize as hereinbefore provided, and proceed as directed in this act: 1st, to select a provisional governor and all other officersfor the State, whereupon each convention shall be, an they are hereby, westedwith power and authority to form a constitution of State government for the State of Texas and the proposednew State, in accordance with the conditions and limitations prescribedfor the States named in this act. SEc. 15.Abife:, That if any person shall be elected a delegate to any constitutional convention herein authorized who cannot take the oath above prescribed because he nate, has hold some subordi civil or ministerial office under either of revolutionary governments. the State or confederate, but who is able and willing to take said oath, except so fur, as to swearthat he either has never held any officeunder of said pretended governments, the convention, after having been duly organized. may, by a 2/3rd vote, if they are satisfied of fidelity timeloyalty and of the person asking for udunission, pèruit him to take the oath, omitting the clause, “that I have never held any civil office, ” and admit him to a seat in the convention, if he is otherwise qualified. SEc. 16. Abife: That acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.