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substantially the same forms of proceeding in the cases of Texas and Mississippi.] If either of the Constitutions shall be ratified, the legislature elected therewith shall assemble on the fourth Tuesde after official promulgation of the ratifi-en.-That in the District of Columbia the right of cation. Section 6 reads thus: "Before the States of Virginia, Mississippi, and Texas shall be admitted to representation in Congress, their several legislatures which may be hereafter lawfully organized, shall ratify the Fifteenth Article which has been proposed by Congress to the several States as an amendment to the Constitution of the United States." The last section enacts that the proceedings of any of these States shall not be deemed final, or operate as a complete restoration thereof, until their action respectively shall be approved by Congress.

CHAP. XVIII.-Liquor and Tobacco Tax.Amends existing laws and provides for more efficient collection of revenue, the imposition of fines, confiscation of stock, etc., for evading the tax, using stamps a second time, etc.

CHAP XX.-Judge Advocates.-Fixes the Lumber of judge advocates in the army at eight; the President and Senate to fill vacancies.

able to him at the time of his resignation. That this act shall take effect on the first Monday of December, eighteen hundred and sixty-nine. CHAP. XXIII.-Property of Married Womany married woman to any property, personal cr real, belonging to her at the time of marriage, cr acquired during marriage in any other way than by gift or conveyance from her husband, shall be as absolute as if she were femme sole, and shall not be subject to the disposal of her husband, nor be liable for his debts; but such married woman may convey, devise, and bequeath the same, or any interest therein, in the same manner and with like effect as if she were unmarried. That any married woman may contract, and sue and be sued in her own name, in all matters having relation to her sole and separate property, in the same manner as if she were unmarried; but neither her husband nor his property shall be bound by any such contract, nor liable for any recovery against her in any such suit, but judgment may be enforced by execution against her sole and separate estate in the same manner as if she were sole.

CHAP. XXIV.-Grants to Alabama.-Renews certain grants of lands to the State of Alabama for the furthering of railroads.


No. 4.-Light-houses.-Promoting the building of light-houses on the coast of Oregon. No. 5-The White House. - -Appropriating $50,000 for lighting the President's house and grounds.

No. 8.-Pay of the Army.-That the pay and allowances of the enlisted men of the army shall remain as now fixed by law until the thirtieth of June, eighteen hundred and seventy.

No. 9.-Settlers in Kansas.-For the relief of settlers on the absentee Shawnee lands in Kansas. Each bona fide settler, having made improvements, shall be entitled to purchase not over 160 acres, at $2.50 per acre.

No. 10.-Bridging the Ohio.-Authorizes the building of a bridge over the Ohio at Paducah, the span to be not less than 400 feet clear.

CHAP. XXII.-The Judicial System.-The Supreme Court of the United States shall hereafter consist of the Chief Justice and eight Associate Justices, any six of whom shall constitute a quorum. [This required the appointment of an additional ustice.] For each of the nine existing judicial circuits there shall be appointed a circuit judge, who shall reside in his circuit, and shall possess the same power and jurisdiction therein as the justice of the Supreme Court allotted to the circuit. The circuit courts shall be held by the justice of the Supreme Court allotted to the circuit, or by the circuit judge of the circuit, or by the district judge of the district sit- | ting alone, or by the justice of the Supreme Court and circuit judge sitting together, in which case the justice of the Supreme Court shall preside, or in the absence of either of them, by the other (who shall preside) and the district judge. And such courts may be held at the same time in the different districts of the same circuits, and cases may be heard and tried by each of the judges holding any such court sitting apart by direction of the presiding justice or judge, who shall designate the business to be done by each. The circuit judges shall each receive an annual salary of five thousand dollars. That nothing in this act shall affect the powers of the justices of the Supreme Court as judges of the circuit court, except in the appointment of clerks of the circuit courts, who in each circuit shall be ap- No. 15.-Paying Bounties.-That the acpointed by the circuit judge of that circuit, and counting officers of the treasury and pay departthe clerks of the district courts shall be appointed ment, who are charged with the settlement and by the judges thereof respectively: Provided, payment of bounties due to soldiers or their That the present clerks of said courts shall con- heirs, be, and they are hereby, directed to pay, tinue in office till other appointments be made in or cause to be paid, the sums found due to the their place, or they be otherwise removed. That said soldiers or their heirs, in person, or by transit shall be the duty of the Chief Justice and of mitting the amount to them direct, in a draft or each justice of the Supreme Court to attend at drafts, payable to his, her, or their order, or least one term of the circuit court in each district through the Freedmen's bureau, or State agents of his circuit during every period of two years. appointed specially for that purpose, or governors That any judge of any court of the United States, of national asylums, cr pension agents of the who, after having held his commission as such at district where he, she, or they may reside, and least ten years, shall, after having attained to not to any claim agent, or upon any power of atthe age of seventy years, resign his office, shall torney, transfer, or assignment whatever. Any thereafter, during the residue of his natural life, officer or person lawfully detailed to investigate receive the same salary which was by law pay-frauds shall have power to administer caths in

No. 14.-Gen. Heintzelman.-The President is hereby authorized to place the name of Brevet Major-General S. P. Heintzelman on the retired list of the army, with the full rank of the command held by him when wounded, in accordance with the acts of August, eighteen hundred and sixty-one, and July twenty-eight, eighteen hundred and sixty-six.

such investigation. Fees allowed to attorneys or agents to be retained, and paid only where actual service has been rendered.

No. 16.-Ship Canal -Extending the time for completing the Portage Lake and Lake Superior ship canal to March 3, 1871.

No. 17.-Port of Entry.-Making San Diego, Cal., a port of delivery.

No. 18.-Bona fide Settlers.—Enabling bona fide settlers to purchase certain lands acquired from the Osage Indians.

insure the full completion thereof as a first-class road, as required by law and the statutes in that case made.

No. 20.--Right of Way for a Railroad from a point at or near Portland, Oregon, io a point west of the Cascade Mountains, in Washington Territory-That the Northern Pacific Railroad Company be, and hereby is, authorized to extend its branch line from a point at or near Portland, Oregon, to some suitable point on Puget Sound, to be determined by said Company, and also to connect the same with its main line west of the Cascade Mountains, in the Territory of Washington; said extension being subject to all the conditions and provisions, and said ccmpany in respect thereto being entitled to all the rights and privileges conferred by the act incorpcrating said company, and all acts additional to and amendatory thereof: Provided, That said company shall not be entitled to any subsidy in money, bonds. cr additional lands of the United States, in respect to said extension of its branch line as aforesaid, except such lands as may be included in the right of way on the line of such extension as it may be located: And provided further, That at least twenty-five miles of said extension shall be constructed before the second day of July, eighteen hundred and seventy-one, and forty miles per year thereafter until the whole of said extension shall be completed.


FORM SUBMITTING THE SOUTHERN CONSTITUTIONS. In pursuance of the provisions of the act of Congress approved April 10, 18C9, I hereby designate the 6th day of July. 18C9, as the time for submitting the constitution passed by the convention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the voters of said State, registered at the date of such submission, viz.: July 6, 1809, for ratification or rejection.

No. 19.-Pacific Railroads.—For the protection of the interests of the United States in the Union Pacific and Central Pacific Railroad Companies. That the stockholders of the Union Pacific Railroad Company, at a meeting to be held en the twenty-second day of April, eighteen hundred and sixty-nine, at the city of Boston (with power to adjourn from day to day), shall elect a board of directors for the ensuing year; and said stockholders are hereby authorized to establish their general office at such place in the United States as they may select at said meeting. The common terminus of the Union Pacific and the Central Pacific Railroads shall be at or near Ogden; and the Union Pacific Railroad Company shall build, and the Central Pacific Railroad Company pay for and own the railroad from the terminus aforesaid to Promontory summit, at which point the rails shall meet and ccnnect and form one continuous line. That, to ascertain the condition of the Union Pacific Railroad and the Central Pacific Railroad, the President of the United States is authorized to appoint a board of eminent citizens, not exceeding five in number, and who shall not be interested in either road, to examine and report upon the condition of, and what sum or sums, if any, will be required to complete each of said roads, for the entire length thereof, to the said terminus as a first-class railroad, in compliance with the several acts relating to said roads; and the expense of such board, including an allowance of ten dollars to each for their services for each day employed in such examination or report, to be paid equally by said companies. That the President is hereby authorized and required to withhold from each of said companies an amount of subsidy bonds authorized to be issued by the United States under said acts sufficient to secure the full completion as a first-class road of all sections of such road upon which bonds have already been issued, or in lieu of such bonds he may receive as such security an cqual amount of the first mortgage bonds of such company; and if it shall appear to the President that the amount of subsidy bonds yet to be issued to either of said companies is insufficient to insure the full completion of such road, he may make requisition upon such company for a sufficient amount of bonds already issued to said company, or in his discretion of their first mortgage bonds, to secure the full completion of the same. And in default of obtaining such security as in this section provided, the President may authorize and direct the Attorney-General to institute such suits and pre-recorder, alderman, councilmen of a city or ceedings on behalf and in the name of the United States, in any court of the United States having jurisdiction, as shall be necessary cr proper to compel the giving of such security, and thereby, or in any manner otherwise, to protect the interests of the United States in said rcad, and to

And I submit to a separate vote the fourth clause of section one, of article three, cf said constitution, which is in the following words:

"Every person who has been a Senator or Representative in Congress,cr elector of Presi dent or Vice-President, or who held any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an offcer of the United States, or as a member of any State legislature, or as an executive crjudicial officer of any State, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemics thereof. This clause shall include the following oflicers: governor, lieutenant-governor, secretary of State, auditor of public accounts, second auditor, register of the land office State treasurer, attorney-general, sherifs, sergeant of a city or town, commissioner of the revenue, county surveyors, constables, overseers of the poor, commissioner of the board of public works, judges of the supreme court, judges of the circuit court, judges of the court of hustings, justices of the county courts, mayor,

town, coroners, escheators, inspectors of totacco, flour, &c., clerks of the supreme, district, circuit, and county courts, and of the court of hustings, and attorneys for the Commonwealth; provided that the legislature may, by a vote of three-fifths of both houses, remove the disabilities incurred by this clause from

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And I also submit to a separate vote the seventh section of article three of the said constitution, which is in the words following: "In addition to the foregoing oath of office, the governor, lieutenant-governor, members of the general assembly, secretary of State, auditor of public accounts, State treasurer, attorney-general, and all persons elected to any convention to frame a constitution for this State, or to amend or revise this constitution in any manner. and mayor and council of any city or town, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation, provided the disabilities therein contained may be individually removed by a three-fifths vote of

the general assembly: I,—, do solemnly

swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in arined hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States hostile or inimical thereto. And I do further swear (or affirm), that to the best of my knowledge and ability I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God.' The above oath shall also be taken by all the city and county officers before entering upon their duties, and by all other State officers not included in the above provision."

I direct the vote to be taken upon each of the above-cited provisions alone, and upon the other portions of the said constitution in the following manner, viz. :

Each voter favoring the ratification of the constitution (excluding the provisions above

quoted), as framed by the convention of December 3, 1867, shall express his judgment by voting


Each voter favoring the rejection of the constitution (excluding the provisions above quoted) shall express his judgment by voting


Eaca voter will be allowed to cast a separate ballot for or against either or both of the provisions above quoted.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this fourteenth day of May, in the year of our Lord one thousand eight hundred and sixty-nine, and of the independence of the United States of America the ninety-third. U. S. GRANT.


WHEREAS the act of Congress, approved June 25th, 1868, constituted on and after that date eight hours a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States, and

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The Convention of Representatives of the People of New York that ratified the Declaration of Independence, appointed a committee, who reported (March 12, 1777) a Constitution for State Government, and on the 20th of April that Constitution was adopted, and was in operation for forty-four years. Under it the right of suffrage was confined to property owners; voters for Governor, Lieutenant-Governor, and Senators, were to have a freehold worth £150 above debt. For Members of Assembly all male inhabitants could vote who owned a £20 free

hold, or paid a yearly rent of forty shillings,
and were annually rated and paid taxes. No
discrimination was made against blacks or mulat-
toes, except that they were required to produce
authenticated certificates of freedom. Voters
were enumerated whenever a census was taken,
The following table shows the number and per-
centage of the total population:
Qualifications. 1790.

1795. 1801.

1807. 1814. 1821.

debts and incumbrances, and had paid tax on that amount. Persons convicted cf infamous crimes were not to vote unless pardoned. The Governor's term was changed from three to two years, and to be eligible he must be a native citizen. Large appointing powers were given to the Governor and Senate, placing a vast amount of patronage practically in the hands of the Executive; the first crowd of appointments numbered 2,238. The State was divided into eight Senate districts, each having four members, one to be chosen each year. The Assembly was fixed at one hundred and twenty-eight, and apportioned to counties according to population, but

counties were not divided into districts.

During the existence of this Constitution the following amendments were voted upon, and decided as the figures indicate:

In 1825-On electing Presidential Electors:
By districts.

"general ticket, plurality.




56,801 931

In 1826-Election of Justices and Extending

Worth £100..19369 36338 52058 71159 87491 100490 Elective Franchise (abolishing property qualifi

Worth £20 to

£100...... 234:5 4838 5264


cation for white voters):

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For electing Justices..


Rent payers...14674 22598

28522 14320



Special freemen 138


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Against electing Justices.



For Abolishing Property Qualifica-
tion for white voters


Against Abolishing...


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Total.......57606 64017 85907 121377 151846 Per ct. of pop. 16.93 13.78 13.73 10.75 The first convention under this Constitution was held in October, 1801, to settle the controversy regarding the relative powers of the Governor and the Council of Appointment. They decided unanimously that their powers were equal; fixed the number of Senators at thirty-two, and Assemblymen at one hundred, to be increased at the rate of two yearly after each census until the number reached one hundred and fifty. The Senate at first consisted of twenty-four members, in four classes, the terms of six expiring each year. The first Assembly had seventy members, chosen annually.


A Convention was called, by vote of the people, April, 1821, the result being: For Convention, 109,346; against, 34,901; majority for, 74,445. The report of the Convention was made November 20, 1821, and voted upon in February, 1822, the result being: For the new Constitution, 74,782; against it, 41,402; majority for, 33,330. The principal changes were abolishing the Councils of Appointment and Revision (of bills proposed to be enacted by the Legislature), vesting their useful powers in the Governor, extending the elective franchise, and making many more officers elective by the people. The suffrage article was as follows: Every male citizen, twenty-one years old, one year resident of the State, six months in the county, having paid taxes within the year, or being exempt, or had performed military duty, or was a fireman, or in certain conditions done work on the highway, could vote. Colored men were not allowed to vote unless they had been citizens for three years, and possessed a freehold of $250 over

In 1833-Electing Mayor of New York by the


In 1845-On Removal of Judicial Officers, and Abolishing Property Qualification for holding office:



For Removal of Amendment.....
Against Removal of Amendment...
For Abolishing Prop. Qualification. 114,900
Against Abol. Prop. Qualification.. 3,901
In 1846-The Tavern and Excise Act, except
in New York City:

For No License
For License

177,683 111,884

The number of voters at various periods under this Constitution, and their percentage of the entire population, was as follows.




Per Cent.




The number of aliens by the census was:





Voters. .296,132







Per Cent.





Moved principally by the danger of the abuse of the vast patronage in the way of appointments in the hands of the Governor, the people went strongly in the other direction, and demanded a Constitution that should make nearAn election ly all important officers elective.

for a Convention was held November 4, 1845, resulting: For Convention, 213,257; against, 33,860. On the 9th of October, 1846, the convention reported the new constitution, which was voted upon November 3, 1846, the result being: For amended constitution, 221,528; against it, 92,436. The radical changes were in taking the right of appointment almost entirely from the governor and making judges and others elective, restricting voting to one day, and dividing towns and wards into small election districts. The franchise was fixed substantially as it now exists, the Registry Law being the only important addition. The matter of regro suffrage was separately submitted, and rejected, as follows: Equal suffrage to colored persons-No...223,834 66 Yes.. 85,306 The number of voters and aliens under this constitution, as returned in the State census, with their percentage of the entire population, will be seen in the following figures:









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the Property Qualification for colored men as voters. Any of these three articles, if having a majority of the popular vote, was to become a part of the present constitution, though the new constitution, as a whole, might be rejected. Only one article was carried-that relating to the judiciary, and that article, on the 1st of January, 1870, supersedes existing provisions on the same subjects. It reorganizes the Court of Appeals, extends the term of judges to fourteen years, provides for a vote by the people as to whether judges shall be elected er appointed, and makes other less important changes. Of the provisions in so much of the proposed constitution as were lost, it is unnecessary to speak. [The votes on the several propositions, by counties, will be found elsewhere.]


The following table, covering a period of 44 years, shows how far our voters have performed the highest duty of a citizen in exercising the right of selecting his public servants. The figures in years when no census was taken are carefully estimated upon proper basis:

1827..Senators... ...177,809 1828.. Governor..252,757 1829..Senators...198,603 91,951 1830..Governor..251,381 1831..Senators...230,489


In 1850--On Repeal of the New School Law: For the Repeal...

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Year. Office. Votes Cast. Vot. in State. Per Ct. Cast. 1826..Governor.. 96,074









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.184,208 1832..Governor..312,776




1833..Senators....186,540 1834. Governor..349,055


47 00




1835..Senator ...175,278



60,526 1837..Senators...


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1838.. Governor..380,623

457,237 83.24


.135,166 1839..Senators...364,141



1840..Governor..441,552 1841..Senators...366,087







1842..Governor. 401,542


79 65


For Equal Suff. to Colored Persons.. Against Equal Suffrage..

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In 1864-In relation to Soldiers' Voting: Allowing Absentees to Vote.... .258,795 Against them Voting..

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1847.. Sec. State..325,013


83 52


In 1865-On Commissioner of Appeals: For Five Commissioners.

1848..Governor..460,166 1849..Sec. State..407,059 1850.. Governor..432,597



584,556 69.63

595,850 72.51


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1851..Sec. State..401,083


607,144 66.06

In 1865-To create a State Debt:


618,489 84.95

1853..Sec. State..372,100

In favor of a Debt

629,733 59.25


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THE PROPOSED FOURTH CONSTITUTION. At the Nov election in 1866, the people voted upon the question of holding another Convention to revise and amend the present, or make a new Constitution. The ballot resulted as follows: In favor of a Convention, 352,854, against, 256,364. This Convention met June 4, 1867, and conIcluded its work February 28, 1868. In consequence of Legislative opposition, their Constitution was not submitted to the people until the November election, 1869. It was then voted upon in four propositions-itself as a whole, the Judiciary article, the article for Equal Assessments and Taxation, and the article Abolishing

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641,027 78.59

1855..Sec. State..436,419

652,322 66.90

669,414 88.78

686,506 64.09

703,598 77.53





754,875 64.59





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