The principal debates for the first two months of the session related wholly to the condition of the South, and on the 6th of February (1867) Mr.Stevens, from the Committee on Reconstruction, reported a bill which after sundry amendments became the leading measure of the Thirty-ninth Congress.

In its original form the preamble declared that "whereas the pretended State governments of the late so-called Confederate States afford no adequate protection for life or property, but countenance and encourage lawlessness and crime; and whereas it is necessary that peace and good order should be enforced in said so-called Confederate States, until loyal State governments can be legally established; _therefore_ be it enacted that said so-called Confederate States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter prescribed; and for that purpose Virginia shall constitute the first district, North Carolina and South Carolina the second district, Georgia, Alabama and Florida the third district, Mississippi and Arkansas the fourth district, and Louisiana and Texas the fifth district." It was made the duty of the General of the Army to assign to the command of each of said districts an officer not below the rank of Brigadier-general, and to detail a sufficient force to enable such officer to perform his duties and enforce his authority within the district to which he was assigned.

The protection of life and property, the suppression of insurrections, disorders, and violence, and the punishment of all criminals and disturbers of the public peace, were entrusted to the military authority, with the power to allow civil tribunals to take jurisdiction and try offenders; and if that was not sufficient in the officer's judgment, he was authorized to organize military commissions, "any thing in the constitutions and laws of these so-called Confederate States to the contrary notwithstanding." It was further declared that all legislative acts or judicial processes to prevent the proceedings of such tribunals, and all interference by "said pretended State governments with the exercise of military authority under this Act, shall be void and have no effect." The courts and judicial officers of the United States were forbidden to issue writs of _habeas corpus_, except under certain restrictions which further established the military authority over the people.

Prompt trials were guaranteed to all persons arrested, cruel and unusual punishments were forbidden, and no sentence could be executed until it was approved by the officer in command of the district.
Mr.Stevens, in his speech upon introducing the bill, did not attempt to conceal its positive and peremptory character.

"It provides," said he, "that the ten disorganized States shall be divided into five military districts; that the Commander of the Army shall take charge of them, through his officers not below the rank of Brigadier-general, who shall have the general supervision of the peace, quiet and protection of the people, loyal and disloyal, who reside within those precincts; and that to do so, he may use, as the law of nations would authorize him to do, the legal tribunals whenever he may deem them competent; but these tribunals are to be considered of no validity _per se_, of no intrinsic force, of no force in consequence of their origin; the question being wholly within the power of the conqueror, and to remain until that conqueror shall permanently supply their place with something else.