who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of Congress of July second, eighteen hundred and sixty-two; and all such citizens of the United States who are in the military service of the United States shall vote at the headquarters of their respective commands, under such regulations as may be prescribed by the provisional Governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, State or Confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote, or be eligible to be elected as delegate at such election.
SEC. 5. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act, and so far as may be consistent therewith, shall proceed in the manner used in the State prior to the rebellion. The oath of allegiance shall be taken and subscribed on the poll book by every voter in the form above prescribed, but every person known by or proved to the commissioners to have held or exercised any office, civil or military, State or Confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll book, showing the name and oath of each voter, shall be returned to the provisional Governor by the commissioners of election or the one acting, and the provisional Governor shall canvass such returns, and declare the person having the highest number of votes elected.
SEC. 6. And be it further enacted, That the provisional Governor shall by proclamation convene the delegates elected as aforesaid at the capital of the State on a day not more than three months after the election, giving at least thirty days" notice of such day. In case the said capital shall, in his judgment, be unfit, he shall in his proclamation appoint e shall preside over the deliberations of the convention, and administer to each delegate before taking his seat in the convention the oath of allegiance to the United States in the form above prescribed.
SEC. 7. And be it further enacted, That the convention shall declare, on the behalf of the people of the State, their submission to the Constitution and laws of the United States, and shall adopt the following provisions hereby prescribed by the United States in the execution of the constitutional duty to guarantee a repubvernment to every State, and incorporate them in the constitution of the State; that is to say:
First. No person who has held or exercised any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, State or Confederate, under the usurping power, shall vote for or be a member of the Legislature, or Governor.
Second. Involuntary servitude is forever prohibited, and the freedom of all persons in guaranteed in said State.
Third. No debt, State or Confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the State.
SEC. 8. And be it further enacted, That when the convention shall have adopted those provisions it shall proceed to re-establish a republican form of government, and ordain aa constitution containing those