SEC. 10. And be it further enacted, That the said commissioners shall from time to time make such temporary rules and regulations, and insert such clauses in said leases as shall be just and proper to secure proper and reasonable employment and support, at wages or upon shares of the crop, of such persons and families as may be residing upon the said parcels or lots of land, which said rules and regulations are declared to be subject to the approval of the President.

SEC. 11. [Commissioners may sell instead of leasing.]

SEC. 12. And be it further enacted, That the proceeds of said leases and sales shall be paid into the Treasury of the United States, one fourth of which shall be paid over to the Governor of said State wherein said lands are situated, or his authorized agent, when such insurrection shall be put down, and the people shall elect a Legislature and State officers who shall take an oath to support the Constitution of the United States, and such fact shall be proclaimed by the President for the purpose of reimbursing the loyal citizens of said State, or such other purpose as said State may direct; and one fourth shall also be paid over to said State as a fund to aid in the colonization or emigration from said State of any free person of African descent who may desire to remove therefrom to Hayti, Liberia, or any other tropical state or colony.

[Sections 13-15 contain minor administrative provisions.]

SEC. 16. And be it further enacted, That this act shall take effect from and after its passage.

APPROVED, June 7, 1862.

No. 20.

Abolition of Slavery in the Territories
June 19, 1862

MARCH 24, 1862, Isaac N. Arnold of Illinois introduced in the House a bill "to render freedom national and slavery sectional." Another bill with a similar title was introduced May I by Owen Lovejoy of Illinois. The latter bill, with amended title, was reported May 8 as a substitute for the Arnold bill, and

on the 12th passed the House by a vote of 85 to 50. The Senate, June 9, amended the House bill by substituting the text of the act as passed, the vote being 28 to 10. On the 17th the House concurred in the Senate amendment, and on the 19th the act was approved. The prohibition of the act was incorporated in the later acts organizing the Territories of Arizona and Idaho. REFERENCES. Text in U.S. Statutes at Large, XII, 432. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe.

An Act to secure Freedom to all Persons within the Territories of the United States.

Be it enacted.

That from and after the passage of this act there shall be neither slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crimes whereof the party shall have been duly convicted.

APPROVED, June 19, 1862.

No. 21. Anti-Polygamy Act

July 1, 1862

A BILL to prevent and punish polygamy in the Territories, and annulling certain acts of the legislative assembly of Utah, was introduced in the House by unanimous consent, April 8, 1862, by Morrill of Vermont. The bill was said to be identical with a bill relating to the same subject which had passed the House April 5, 1860, save that the earlier bill did not include the District of Columbia. The bill passed the House April 28. The Senate Committee on Judiciary, alleging that the bill went farther than the punishment of polygamy, reported a substitute, which was agreed to June 3 by a vote of 37 to 2. On the 24th the House concurred in the Senate amendment, and July I the act was approved.

REFERENCES. Text in U.S. Statutes at Large, XII, 501, 502. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. There was no important debate in the House. On the bill of April 5, 1860, see House Report 83, 36th Cong., 1st Sess.; see also House Report 27, 39th Cong., 2d Sess. On this and later acts see Linn, Story of the Mormons, chap. 24. On the scope of the act see Reynolds v. United States, 98 U.S. Reports, 145; Miles v. United States, 103 ibid., 304.

An Act to punish and prevent the Practice of Polygamy in the Territories of the United States and other Places, and disapproving and annulling certain Acts of the Legislative Assembly of the Territory of Utah.

Be it enacted That every person having a husband or wife living, who shall marry any other person, whether married or single, in a Territory of the United States, or other place over which the United States have exclusive jurisdiction, shall, except in the cases specified in the proviso to this section, be adjudged guilty of bigamy, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, and by imprisonment for a term not exceeding five years: [certain cases excepted].

SEC. 2. And be it further enacted, That the following ordinance of the provisional government of the State of Deseret, so called, namely: "An ordinance incorporating the Church of Jesus Christ of Latter Day Saints," passed February eight, in the year eighteen hundred and fifty-one, and adopted, reënacted, and made valid by the governor and legislative assembly of the Territory of Utah by an act passed January nineteen, in the year eighteen hundred and fifty-five, entitled "An act in relation to the compilation and revision of the laws and resolutions in force in Utah Territory, their publication, and distribution," and all other acts and parts of acts heretofore passed by the said legislative assembly of the Territory of Utah, which establish, support, maintain, shield, or countenance polygamy, be, and the same hereby are, disapproved and annulled: Provided, That this act shall be so limited and construed as not to affect or interfere with the right of property legally acquired under the ordinance heretofore mentioned, nor with the right "to worship God according to the dictates of conscience," but only to annul all acts and laws which establish, maintain, protect, or countenance the practice of polygamy, evasively called spiritual marriage, however disguised by legal or ecclesiastical solemnities, sacraments, ceremonies, consecrations, or other contrivances.

SEC. 3. And be it further enacted, That it shall not be lawful for

any corporation or association for religious or charitable purposes to acquire or hold real estate in any Territory of the United States during the existence of the territorial government of a greater value than fifty thousand dollars; and all real estate acquired or held by any such corporation or association contrary to the provisions of this act shall be forfeited and escheat to the United States: Provided, That existing vested rights in real estate shall not be impaired by the provisions of this section.

APPROVED, July 1, 1862.

No. 22.

Oath of Office

July 2, 1862

By an act of August 6, 1861, all members of the civil departments of the government were required to take an oath of allegiance to the United States "against all enemies, domestic or foreign, . . . any ordinance, resolution, or law of any State convention or legislature to the contrary notwithstanding." An act of May 20, 1862, required voters in Washington and Georgetown, if challenged for disloyalty, to take a similar oath, with the addition of a clause declaring that the subscriber had "always been loyal and true to the Government of the United States." An act of June 17 imposed upon grand and petit jurors in United States courts an oath declaring "that you have not, without duress and constraint, taken up arms, or joined any insurrection or rebellion against the United States; that you have not adhered to any insurrection or rebellion, giving it aid and comfort; that you have not, directly or indirectly, given any assistance in money, or any other thing, to any person or persons whom you knew, or had good ground to believe, had joined, or was about to join, said insurrection and rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States; and that you have not counselled or advised any person or persons to join any rebellion against, or to resist with force of arms, the laws of the United States." The so-called "iron-clad " oath of July 2 had its origin in a bill introduced in the House, March 24, by James F. Wilson of Iowa, "declaring certain persons ineligible to office." June 4 a substitute reported by the Committee on Judiciary, being a modified form of an amendment previously offered by Horace Maynard of Tennessee to a bill to free the slaves of rebels, was agreed to, and the bill passed, the vote being 78 to 47. The Senate, on motion of Garrett Davis of Kentucky, added an amendment excepting the Vice-Presi

dent and Senators and Representatives, the amended bill passing the Senate on the 23d by a vote of 33 to 5. The House disagreeing, the Senate receded from so much of its amendment as excepted Senators and Representatives, and in this form the bill passed. The acts of June 17 and July 2 were repealed by an act of May 13, 1884.

REFERENCES. Text in U.S. Statutes at Large, XII, 502, 503. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. On the loyalty of government employees see House Report 16, 37th Cong., 2d Sess. On the modification of the oath see House Exec. Doc. 81, 39th Cong., 1st Sess., House Report 51, ibid., Senate Exec. Doc. 38, ibid., and No. 71, post. See also Cox, Three Decades, chap. 34.

An Act to prescribe an Oath of Office, and for other Purposes. Be it enacted That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: "I, A. B., 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 armed hostility thereto; that I have neither 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;" which said oath, so taken and signed,