public peace and criminals, and to this end he may allow local
civil tribunals to take jurisdiction of and to try offenders, or,
when in his judgment it may be necessary for the trial of offenders,
he shall have power to organize military commissions or tribunals for
that purpose, and all interference, under cover of State authority,
with the exercise of military authority under this act, shall be null
and void.

SEC. 4. And be it further enacted, That all persons put under
military arrest by virtue of this act shall be tried without
unnecessary delay, and no cruel or unjust punishment shall be
inflicted; and no sentence of any military commission or tribunal
hereby authorized affecting the life or liberty of any person, shall
be executed until it is approved by the officer in command of the
district; and the laws and regulations for the government of the army
shall not be affected by this act except in so far as they conflict
with its provisions: Provided, That no sentence of death, under the
provisions of this act, shall be carried into effect without the
approval of the President.

SEC. 5. And be it further enacted, 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 Thirty-ninth
Congress, and known as article fourteen; and when said article shall
have become a part of the Constitution of the United States, said
State sh