organization of the army according to this constitution shall serve as a general basis.

ART. 63. The aggregate land forces of the Union shall form a single army, which, in war and in peace, is placed under the command of his Majesty the King of Prussia, as commander-in-chief of the Union.

The several regiments shall bear continuous numbers through the entire Union army. For uniform the colors and patterns of the royal Prussian army are adopted, and it is devolved upon the commanders of the respective contingents to define the exterior distinctions, such as cockades, &c.

The commander-in chief has charge and authority to take care that all classes of troops in the army of the Union shall be in full number, and consist of ablebodied men, and that the unity in organization and formation, in equipment and Command, in the discipline of the soidiery, as well as in the qualifications of the officers, shall be maintained.

In this behoof the commander-in-chief is entitled to satisfy himself, by inspections, of the condition of every contingent, and to order the correction of any defect that may be discovered. The commander-in-chief determines the strength of the standing army, the rank and file, and the division and classification of the contingents of the federal army, as well as the organization of the militia, and has authority within the Union territory to establish garrisons, as well as to order the preparation for war, of any part of the federal army.

For the purpose of attaining the needful unity in the administration, maintenance, armament, and equipment of all troops belonging to the army of the Union, the future regulations for the Prussian army are to be communicated for observance to the commanders of the other contingents of the Union army by the committee for the army and forts named in Article 8, No. 1.

ART. 64. All troops of the Union are bound to follow out unconditionally the orders of the commander-in-chief. This obligation is embraced in the military oaths. The commander-in-chief of any contingent, as well as all officers who are in command of more troops than a contingent, and all commanders of fortresses, are appointed by the commander-in chief. The officers appointed by him render to him the military oath. The appointments of generals, or officers of a contingent of the Union army performing the duties of generals, are to be in every case subject to the decision of the commander-in chief of the Union.

The commander-in-chief of the Union is authorized, for the purpose of transfer, be it with or without promotion, to choose officers from any contingent of the Union army for such commands in any part of the army as he has the right to dispose of.

ART. 65. The right to erect fortresses within the limits of the Union is vested in the commander-in-chief, who will make application for the necessary means, as far as they have not been granted by the regular budget, in accordance with section 12.

ART. 66. Except where there is a special convention to the contrary, the officers of each contingent will be appointed by the respective sovereign or senate, with the restriction contained in Article 64. They are commanders-in-chief of the troops belonging to their territory, and are entitled to all the honors connected with that position. They have especially the right of inspection at any time, and are entitled, aside from the usual reports and information of transpiring changes, to communication of all promotions and appointments that affect their corps, in order that they may be properly published within their state. They have likewise the right to employ, for purposes of police, not only their own troops, but to call on any troops of the army of the Union which be for the time within their territory.

may

ART. 67. Any economy which may be effected in the military expenses shall under no circumstances redound to the advantage of a state government, but will always flow into the treasury of the Union.

ART. 68. It is in the power of the commander in-chief, whenever the public safety within the limits of the Union is threatened, to declare martial law in any part of the same. Until the passing of a general law prescribing the grounds for such a declaration, the form of its promulgation, and its effects, the provisions of the Prussia law of June 4, 1851, (Statutes for 1851, page 451 f. f.,) will serve as a guide in the premises.

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XII THE FINANCES OF THE UNION.

ART 69. All receipts and expenditures of the Union are to be estimated for every year, and to be placed on the general appropriation bill of the Union. The appropriations will be regulated by a law at the beginning of every fiscal year, on the following principles:

ART. 70. For the defraying of all common expenditures shall be employed, in the first place, any surplus remaining over from former years, and all the common receipts yielded by the customs, and all the common excise of consumption, and the post office and telegraph department. The sum still required after these sources shall have been expended shall be raised, as long as Union taxes are not levied, by contribution of the different states of the Union in proportion to the number of their inhabitants, which contributions shall be apportioned by the presidency to the amount required by the budget.

ART. 71. The appropriation for the common expenditures will generally be made for one year, but may be granted for a longer period in special cases. During the provisionary term adopted in Article 60 the detailed bill for the expenditures of the army of the Union is to be rendered only to the federal council and the Reichstag for their information.

ART. 72. It shall be the duty of the presidency to render to the federal council and Reichstag a yearly account of the appropriation of the Union for settlement.

ART. 73. Under circumstances of extraordinary necessity the Union may, by legislative action of the Union, be burdened with the contraction of a loan, or the assumption of a guarantee.

XIII-SETTLING OF DISPUTES AND PENALTIES.

ART. 74. Any attempt against the existence, the integrity, the safety or the constitution of the North German Union, or any affront to the federal council, the Reichstag, or to any member of the federal council or Reichstag, or to any authority or public functionary of the Union, while in the exercise of their functious as such, or any libel directed against them in respect to their office, by word of mouth, writing, printing, sign pictures, or other representation, shall be tried and punished in the respective states of the Union, according to the laws then there existing, or hereafter to be prescribed, by which a similar offence against the separate state, its constitution, its chambers or estates, or the members of the chambers or estates, or against its authors or officers, would be judged. ART. 75. For the trial of such of the offences against the North German Union enumerated in Article 74, which if committed against any particular state, would be accounted as high treason or treason, the original as well as the appellate jurisdiction is vested in the common supreme appellate tribunal of the three free and Hanseatic cities at Lubeck.

The details on the jurisdiction and the proceedings of the supreme appellate tribunal will be indicated by legislation of the Union. Until the passage of a law to that effect, the laws, jurisdiction of the courts in the different states, and their proceedings, remain in force.

ART. 76. Controversies between different states of the Union, when not affecting rights of a private nature, and as such to be decided by the competent courts, shall be settled by the federal council on the application of one of the parties. Ex. Doc. 9. -3

Constitutional controversies between such states in whose constitution no authority is provided for the decision of these controversies will, on application of one of the parties, be settled by the federal council by amicable suggestion; or if that should not suffice, by legislative proceedings.

ART. 77. Whenever it shall happen in any state of the Union that courts refuse to discharge their duty, and adequate remedy cannot be legally obtained, it shall be the duty of the federal council to receive complaints, sustained by proofs, concerning the denial or impediment of the administration of justice, and to order the administration of justice by that state which has given cause to the complaint. The cause of complaint, however, is to be judged according to the constitution and laws of that state.

XIV. GENERAL RULES.

ART. 78. Amendments to the constitution are to be effected by legislation; they require, however, in the federal council, the consent of a majority of two-thirds of the votes of the members present.

XV.-RELATIVE TO THE SOUTH GERMAN STATES.

ART. 79 The relations of the union towards the South German States, will be regulated immediately after the adoption of the constitution of the North German Union by separate treaties to be submitted for their approval to the Reichstag.

The admission of the South German States or any of them may take place by egislative action of the confederation upon the suggestion of the presidency. This constitution has been published 25th June, 1867, and has gone into force on 1st July of the same year.

In compliance with a resolution of the Senate of the 10th instant, information in relation to the Union Pacific Railroad Company and its branches, and the Central Pacific Railroad Company.

DECEMBER 12, 1867.-Read, referred to the Committee on the Pacific Railroad, and ordered

to be printed.

DEPARTMENT OF THE INTErior,

Washington, D. C., December 11, 1867. SIR: I have the honor to acknowledge the receipt of the following Senate resolution :

"Resolved, That the Secretary of the Interior be requested to furnish to the Senate a statement setting forth, first, the amount of the United States bonds issued to the Union Pacific Pailroad Company and its branches, including the Central Pacific Railroad Company, under the act of 1862 and the amendments thereto, the dates at which the same issued, the company to which they were delivered, and the sections of road in respect to which they were granted; second, an account between the United States and said company and each of the said branches, including the Central Pacific Company, setting forth the amount of interest paid by the United States on such bonds, and the amount of interest repaid to the United States by said company and each of the said branches, including the Central Pacific Company, and the mode of payment, whether in cash or the transmission of despatches and transportation of the mail and supplies, as provided by the charter; third, the length of line of each road already completed and accepted, designating the locality."

The records of this department do not furnish the requested information upon any point except that embraced in the concluding inquiry. In answer thereto I respectfully state:

First. That the road of the Union Pacific Railroad Company has been completed and accepted for 510 miles, commencing at the initial point on the Missouri river, near Omaha, Nebraska, and terminating at the 510th mile-post.

Second. The Union Pacific railway, eastern division, has been completed and accepted for 305 miles, commencing at the initial point on the boundary line dividing the States of Missouri and Kansas, and terminating at the 305th mile-post west of said initial point.

Third. The Central Branch Union Pacific railroad has been completed and accepted for 80 miles. It begins at Atchison, Kansas, and extends west therefrom SO miles.

Fourth. The road of the Central Pacific Railroad Company of California

has been completed and accepted for 118 miles. Of this distance, 94 miles lie between Sacramento, California, and the 94th mile-post; the remaining 24 miles lie between the 114th and the 138th mile-post.

Fifth. The Western Pacific railroad has been completed and accepted for 20 miles, commencing at the initial point at San José, California, and extending northwardly therefrom for that distance.

I am, sir, very respectfully, your obedient servant,

Hon. B. F. WADE,

O. H. BROWNING, Secretary.

President pro tempore of the Senate of the United States.