United States Fifteenth Amendment

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The House of Representatives of the Fortieth Session of Congress

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Document introduced in:

Session 6446: 1867-07-08 12:00:00

George M. Adams from Kentucky enters the House; H. Res. 62, amending the Constitution, is proposed; the Committee on Reconstruction reports H. R. 123

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H. R. 123

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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 he 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.

Sec. 7. If any person shall alter, mutilate, add to, or destroy any registration of electors made pursuant to this law and those to which it is supplementary, he shall be fined and imprisoned at the discretion of a military commission.

Sec. 8. If any officer or person employed to make such registry shall falsely and fraudulently make the same, he shall be fined and imprisoned at the discretion of a military commission.

Sec. 9. If any officer of an election held pursuant to this act, and the acts to which it is supplementary, shall allow persons not registered to vote, or shall refuse to allow registered electors to vote at such elections, such person so offending shall be fined and imprisoned at the discretion of a military commission.

Sec. 10. If any officer of an election held under this law, and those to which it is supplementary, shall give a false and fraudulent certificate of election, he shall be fined and imprisoned at the discretion of a military commission. If any officer of such election shall refuse or neglect to make due and proper returns thereof to the proper authority, he shall be fined and imprisoned at the discretion of a military commission.

Sec. 11. If any person shall for the purpose of voting furnish an elector who cannot read the English language, at any election held pursuant to this act and those to which it is supplementary, a ticket which such person shall represent to such elector as containing a name or office different from the one printed or written thereon, such person shall be fined and imprisoned, or either, for every such offense, at the discretion of a military commission.

Sec. 12. If any person shall fraudulently cause or attempt to cause any elector, at any election held under this law and said acts, to vote for a person different from the one he intended to vote for, such person shall be fined and imprisoned, or either, at the discretion of a military commission.

Sec. 13. If any elector shall vote more than once at any election, or shall knowingly hand in to the election officers two or more tickets together, or having voted in one township, precinct, or county, shall afterward on the same day vote, or attempt to vote in another township, precinct, or county, such person shall be fined and imprisoned, or either, at the discretion of a military commission.

Sec. 14. If any officer of an election shall attempt to induce by persuasion, threat, or reward or promise of the same, any elector to vote for any person, such person shall be fined and imprisoned at the discretion of a military commission.

Sec. 15. If any person, not having the legal qualifications of a voter at any election under this law and said acts, shall vote or offer to vote at such election, he shall be fined and imprisoned, or either, at the discretion of a military commission.

Sec. 16. If any person shall use any threats, menaces, force or any corrupt means, at or previous to any election held under this law and said acts toward any elector, to hinder or deter such elector from voting at such election, or shall directly or indirectly offer any bribe or reward of any kind to induce any elector to vote contrary to his inclinations, or shall on the day of the election give any public or private treat or entertainment, or authorize any other person to do so, to obtain votes for any person, the person so offending shall be fined and imprisoned at the discretion of a military commission.

Sec. 17. If any person shall in any manner, by fraud or violence, attempt to prevent the operation of this act and those to which it is supplementary, he shall be fined and imprisoned at the discretion of a military commission.

Sec. 18. The fines that may be assessed against persons offending under this act and said acts shall not be less than $100 nor more than $5,000, and the imprisonment shall be not less than six months nor more than one year.

Sec. 19. It shall be the duty of the officers detailed to carry into effect this and the acts hereinbefore named, upon receiving information of any offense abovementioned, to report the same to the district commander, who shall at once convene a military commission for the purpose of trying the offender.

Decisions yet to be taken

  • H. R. 123 (introduced on 1867-07-08 12:00:00 - CREATE_FROM - e720363) [This document]

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