Personal Memoirs-2 [74]
giving each
representation in the ratio of voters registered as aforesaid as
nearly as may be. The convention in Virginia shall consist of the
same number of members as represented the territory now constituting
Virginia in the most numerous branch of the Legislature of said State
in the year eighteen hundred and sixty, to be apportioned as
aforesaid.
SEC. 3. And be it further enacted, That at said election the
registered voters of each State shall vote for or against a
convention to form a constitution therefor under this act. Those
voting in favor of such a convention shall have written or printed on
the ballots by which they vote for delegates, as aforesaid, the words
"For a convention," and those voting against such a convention shall
have written or printed on such ballot the words "Against a
convention." The persons appointed to superintend said election, and
to make return of the votes given thereat, as herein provided, shall
count and make return of the votes given for and against a
convention; and the commanding general to whom the same shall have
been returned shall ascertain and declare the total vote in each
State for and against a convention. If a majority of the votes given
on that question shall be for a convention, then such convention
shall be held as hereinafter provided; but if a majority of said
votes shall, be against a convention, then no such convention shall
be held under this act: Provided, That such convention shall not be
held unless a majority of all such registered voters shall have voted
on the question of holding such convention.
SEC. 4. And be it further enacted, That the commanding general of
each district shall appoint as many boards of registration as may be
necessary, consisting of three loyal officers or persons, to make and
complete the registration, superintend the election, and make return
to him of the votes, list of voters, and of the persons elected as
delegates by a plurality of the votes cast at said election; and upon
receiving said returns he shall open the same, ascertain the persons
elected as delegates, according to the returns of the officers who
conducted said election, and make proclamation thereof; and if a
majority of the votes given on that question shall be for a
convention, the commanding general, within sixty days from the date
of election, shall notify the delegates to assemble in convention, at
a time and place to be mentioned in the notification, and said
convention, when organized, shall proceed to frame a constitution and
civil government according to the provisions of this act, and the act
to which it is supplementary; and when the same shall have been so
framed, said constitution shall be submitted by the convention for
ratification to the persons registered under the provisions of this
act at an election to be conducted by the officers or persons
appointed or to be appointed by the commanding general, as
hereinbefore provided, and to be held after the expiration of thirty
days from the date of notice thereof, to be given by said convention;
and the returns thereof shall be made to the commanding general of
the district.
SEC. 5. And be it further enacted, That if, according to said
returns, the constitution shall be ratified by a majority of the
votes of the registered electors qualified as herein specified, cast
at said election, at least one-half of all the registered voters
voting upon the question of such ratification, the president of the
convention shall transmit a copy of the same, duly certified, to the
President of the United States, who shall forthwith transmit the same
to Congress, if then in session, and if not in session, then
immediately upon its next assembling; and if it shall moreover appear
to Congress that the election was one at which all the registered and
qualified electors in the State had an opportunity to vote freely,
and without restraint,
representation in the ratio of voters registered as aforesaid as
nearly as may be. The convention in Virginia shall consist of the
same number of members as represented the territory now constituting
Virginia in the most numerous branch of the Legislature of said State
in the year eighteen hundred and sixty, to be apportioned as
aforesaid.
SEC. 3. And be it further enacted, That at said election the
registered voters of each State shall vote for or against a
convention to form a constitution therefor under this act. Those
voting in favor of such a convention shall have written or printed on
the ballots by which they vote for delegates, as aforesaid, the words
"For a convention," and those voting against such a convention shall
have written or printed on such ballot the words "Against a
convention." The persons appointed to superintend said election, and
to make return of the votes given thereat, as herein provided, shall
count and make return of the votes given for and against a
convention; and the commanding general to whom the same shall have
been returned shall ascertain and declare the total vote in each
State for and against a convention. If a majority of the votes given
on that question shall be for a convention, then such convention
shall be held as hereinafter provided; but if a majority of said
votes shall, be against a convention, then no such convention shall
be held under this act: Provided, That such convention shall not be
held unless a majority of all such registered voters shall have voted
on the question of holding such convention.
SEC. 4. And be it further enacted, That the commanding general of
each district shall appoint as many boards of registration as may be
necessary, consisting of three loyal officers or persons, to make and
complete the registration, superintend the election, and make return
to him of the votes, list of voters, and of the persons elected as
delegates by a plurality of the votes cast at said election; and upon
receiving said returns he shall open the same, ascertain the persons
elected as delegates, according to the returns of the officers who
conducted said election, and make proclamation thereof; and if a
majority of the votes given on that question shall be for a
convention, the commanding general, within sixty days from the date
of election, shall notify the delegates to assemble in convention, at
a time and place to be mentioned in the notification, and said
convention, when organized, shall proceed to frame a constitution and
civil government according to the provisions of this act, and the act
to which it is supplementary; and when the same shall have been so
framed, said constitution shall be submitted by the convention for
ratification to the persons registered under the provisions of this
act at an election to be conducted by the officers or persons
appointed or to be appointed by the commanding general, as
hereinbefore provided, and to be held after the expiration of thirty
days from the date of notice thereof, to be given by said convention;
and the returns thereof shall be made to the commanding general of
the district.
SEC. 5. And be it further enacted, That if, according to said
returns, the constitution shall be ratified by a majority of the
votes of the registered electors qualified as herein specified, cast
at said election, at least one-half of all the registered voters
voting upon the question of such ratification, the president of the
convention shall transmit a copy of the same, duly certified, to the
President of the United States, who shall forthwith transmit the same
to Congress, if then in session, and if not in session, then
immediately upon its next assembling; and if it shall moreover appear
to Congress that the election was one at which all the registered and
qualified electors in the State had an opportunity to vote freely,
and without restraint,