United States Fifteenth Amendment

Committee on the Judiciary of the Senate

The Committee on the Judiciary of the Senate for the Fortieth Session of Congress

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Document introduced in:

Session 7681: 1867-07-06 00:00:00

S. 123, 124, 125, 126, 129, and 130 are referred to the Committee on the Judiciary

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S. 125

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A Bill

In explanation of an act entitled “An act to provide for the more efficient government of the rebel States,” passed March second, eighteen hundred and sixty-seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the true intent and meaning of the “act to provide for the more efficient government of the rebel States,” passed March second, anno Domini eighteen hundred and sixty-seven, was, is, and shall be considered to be that the military authority of the United States in said rebel States, as provided in said act, was an is paramount to any civil government existing therein, makes all such civil governments subordinate to such military authority, and prohibits them from interfering in any way with the exercise of such military authority.

SEC. 2. And be it further enacted, That the commander of any district named in said act, shall have power subject to the approval of the general of the armies of the United States, whenever in the opinion of such commander the proper administration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer or person holding or exercising, or professing to hold or exercise, any civil or military office, on duty in such district under any power whatever appointed or authority derived from or granted by, or claimed under any State or the government thereof, or any municipal or other division thereof, whether regular or provisional; and before such suspension or removal such commander, subject to the approval of the general aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or person, so suspended or removed, by the detail of some competent officer or soldier of the army to perform the same during the pleasure of such commander and general.

SEC. 3. And be it further enacted, That the general of the armies of the United States shall be invested with all the powers of suspension, removal, and appointment granted in the preceding section to district commanders.

SEC. 4. And be it further enacted, That it shall be the duty of the President to detail for service and to employ in said districts named in said act a sufficient military force to secure at all times the complete and effectual execution of this act and the act of which this is explanatory; and it shall be the duty of all such commanders of said districts to repress and prevent any act in contravention hereof, or of the act to which this is explanatory.

SEC. 5. And be it further enacted, That the acts of the officers of the army already done in removing in said districts persons exercising the function of civil officers and appointing others in their stead is hereby ratified, confirmed, and legalized.

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