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[617] no real advance had been made in the extension of the franchise to the negro population of the states. In this position of affairs Congress, on March 2d, adopted an entirely new system of measures relative to the late Confederate States. The fiction upon which these measures were based is thus expressed in the preamble of the first act:
Whereas, No legal State governments, or adequate protection for life or property, now exists 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 . . . .

These states were then divided into five military districts, and it was further provided:

Until the people of the said rebel States shall by law be admitted to representation to the Congress of the United States, all civil governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, at any time to abolish, modify, control, and supersede the same, and in all elections to any office under such provisional governments, all persons shall be entitled to vote under the provisions of the fifth section of this act.

Thus these states, when held by military force as conquered territory, with the sovereignty of the people extinct, were not allowed to claim to possess any rights under the federal Constitution, or any other than such as might be granted by the will of the conqueror. It was asserted that the right to regulate the elective franchise, recognized as belonging to the states in the Union, could not attach to those out of the Union, and having only provisional political institutions. Congress then proceeded to declare, in the fifth section of the bill, the terms upon which a late Confederate state could become a member of the Union:

section 5. That, when the people of any one of said rebel States shall have formed a Constitution of 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, twenty-one 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

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