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  1. Overview: United States Fifteenth Amendment
  2. Full Record: United States Fifteenth Amendment
  3. Committee:The Senate
  4. Session: 1867-07-12 12:00:00
  5. Event type: CREATE_FROM

United States Fifteenth Amendment

The Senate

The Senate of the Fortieth Session of Congress

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Document introduced in:

Session 6543: 1867-07-12 12:00:00

Cornelius Cole from California and Willard Saulsbury from Delaware enter the Senate; the Senate non-concurs in the House amendments to H. R. 123 and requests a Committee of Conference; Mr. Sumner motions to take up consideration of S. 115

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H. R. 123

There is 1 proposed amendment related to this document on which a decision has not been taken.

A Bill

Supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the 2d day of March, 1867, and the act supplementary thereto passed on the 23d day of March, 1867.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled "An act to Provide for the more efficient government of the rebel States," and of the act supplementary thereto, passed on the 23d day of March, in the year 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were illegal and void; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts and to the authority of Congress.

Sec. 2 And be it further enacted, That the said acts to which this is a supplement shall be construed to authorize the officer assigned to the command of any military district under said acts, whenever be shall deem it necessary to the due performance of his duties under said acts, to remove or suspend from office any municipal or State officer or person exercising authority under or by virtue of any so-called State government existing in his district, and the said officer so assigned to command as aforesaid is hereby empowered to appoint another person in the stead of the officer or person so removed if he shall deem proper so to do, and whenever he may deem it necessary, as aforesaid to prohibit, suspend, or set aside any act or proceeding of any such State or municipal government, or any act or thing done under or by virtue of its authority; and all acts heretofore done by any such officer in accordance herewith shall be deemed valid.

Sec. 3. And be it further enacted, That the boards of registration of the several military districts established by the acts to which this is supplementary, shall admit to registration only such persons as they deem entitled to be registered by the acts aforesaid. They shall not regard the taking of the oath prescribed in the act of March 23, 1867, conclusive evidence of the right of the person taking it to be registered, but prima facie only, and may receive such evidence under oath relating thereto as they may deem proper, either from the person applying to be registered or others, and either of the members of said boards is hereby authorized to administer oaths or affirmations and examine witnesses touching the right of any person to be registered. Said boards of registration may strike from the list of voters the name of any one already registered who in their judgment improperly took the oath prescribed in the acts to which this is supplementary, or was not entitled by said acts to be registered. Record evidence shall not be required by said boards to prove participation in the rebellion, but parole evidence shall be sufficient to establish the fact of such participation; and said boards of registration shall not be bound or governed in their action by any opinion of any officer of the United States Government. Provided, That the right, of any person to be registered as a legal voter shall in no respect be changed or affected by virtue of any pardon granted to such person by the President of the United States for participation in the rebellion.

Sec. 4. And be it further enacted, That no civil court of the United States or of any State shall have jurisdiction of any action or proceeding, civil or criminal, against any such district commander, or any officer or person acting by his authority for or on account of the discharge of the duties imposed upon him by this act or the acts to which it is supplementary.

Sec. 5. And be it further enacted, That no district commander shall be relieved from the command assigned to him under the aforesaid acts unless the Senate shall have first advised and consented thereto, or unless by sentence of court-martial he shall be cashiered or dismissed from the Army; or in arrest for an offense punishable by dismissal from the Army and disqualified by sickness from the performance of his duties.

Sec. 6. And be it further enacted, That the time for the completion of the registration of persons properly qualified to vote may be extended by orders of the said several district commanders to any day prior to the 1st day of October, A. D. 1867.

Sec. 7. And be it further enacted, That any person or persons who shall prevent, or attempt to prevent, the execution of this act, or either of the acts to which this act is supplementary, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in in a sum not exceeding $5,000 or imprisoned one year, or both, at the discretion of the court.

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