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  1. Overview: United States Fifteenth Amendment
  2. Full Record: United States Fifteenth Amendment
  3. Committee:Select Committee on Reconstruction of the House of Representatives
  4. Session: 1867-07-12 00:00:00
  5. Event type: CREATE_FROM

United States Fifteenth Amendment

Select Committee on Reconstruction of the House of Representatives

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Document introduced in:

Session 8203: 1867-07-12 00:00:00

H. R. 123, as amended by the Senate, is referred to the Committee on Reconstruction

Document View (with components):

H. R. 123

Shown with amendment 'None' (e849944)

There are 0 proposed amendments related to this document on which decisions have 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 [-e849723]the true intent and meaning of the “[+e849906]act to p[+e849906]of the 2d day of March, 1867, entitled "An act to P[-e849723]rovide for the more efficient government of the rebel States,” passed March 2, anno Domini 1867, was, is, and shall be construed to be[+e849906]" and of the act supplementary thereto, passed on the 23d day of March, in the year 1867,[-e849723] that the military authority of[+e849906]governments then existing in[-e849723] the United[+e849906]rebel[-e849723] States of Virg[-e849723]in said rebel States, as provided in sa[+e849906]ia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Flor[-e849723]id [+e849906]act[+e849906], w[+e849906]Tex[-e849723]as,[-e849723] and is paramount to any civil[+e849906]Arkansas were illegal and void; and that thereafter said[-e849723] government existing, therein, makes all such civil governments subordinate[+e849906]s, if continued, were to be continued subject in all respects[-e849723] to such[+e849906]the[-e849723] military authority, and prohibits[+e849906]commanders of[-e849723] them from interfering in any way with[+e849906] respective districts and to[-e849723] the exercise of such military [+e849906]authority of Congress[-e849723]. [-e849723]

Sec. 2.[+e849906] And be it further enacted, That the commander of[+e849906]said[-e849723] any distri[+e849906]ct named in said ac[+e849906]s to which this is a supplemen[-e849723]t shall have power, subject[+e849906]be construed[-e849723] to au[-e849723]the approval of[+e849906]orize[-e849723] the General [+e849906]of the Army of the United States, whenever in the opinion of such[+e849906]ficer assigned to the[-e849723] commander the proper admin[+e849906] of any military d[-e849723]istration of[+e849906]ict under[-e849723] said acts, whenever he[-e849723] shall require[+e849906]deem[-e849723] it,[+e849906] [+e849723]to suspe[+e849906]nd or r[+e849906]emove from offi[+e849906]ce, or from[+e849906]ssary to[-e849723] the due [-e849723]performance of official[+e849906]his[-e849723] duties and the exercise of official powers, any officer[+e849906]under said acts, to remove[-e849723] or sus[-e849723]person holding or exercising, or professing to hold or exercise,[+e849906]nd from office[-e849723] any muni[-e849723]civ[+e849906]i[+e849723]pa[-e849723]l or military[+e849906]State[-e849723] office o[+e849906]r duty in such district unde[+e849906]o[-e849723]r any [+e849906]pow[+e849906]er, election, appointment, o[+e849906]r[+e849723]son exercising[-e849723] authority un[-e849723]derived from,[+e849906] or granted [+e849906]by, or claimed under,[+e849906] virtue of[-e849723] any so-called State or the [+e849906]government thereof, or any municipal or other division[+e849906]existing in his district, and[-e849723] thereof; and upon such suspension or removal such[+e849906] said officer so assigned to[-e849723] commander, subject to[+e849906] approval of the general[+e849906]s[-e849723] aforesaid,[+e849906] i[-e849723]shall[+e849906] hav[+e849906]ereby[-e849723] em[-e849723]powered[-e849723] to provide from time to time for [+e849906]appoint ano[-e849723]ther[-e849723] performance of[+e849906]son in[-e849723] the said duties[+e849906]tead[-e849723] of such[+e849906]the[-e849723] officer or person so suspended or [+e849906]removed, by the detail of some competent officer or soldier of the Army or by the appointment of some oth[+e849906] if he shall deem prop[-e849723]er per[+e849906]son[+e849906] to perform the same. [+e849906]

[+e849906]

Sec. 3. And be it further enacted, That the Gen[+e849906]do, and whenev[-e849723]eral[+e849906] of t[+e849906]he Ar[+e849906]ma[-e849723]y of the United States shall be invested with all powers of[+e849906]deem it necessary, as aforesaid to prohibit,[-e849723] suspension, removal, and detail granted in the prec[+e849906]d, or set aside any act or proce[-e849723]eding section to district commanders. [+e849906]

[+e849906]

Sec. 4. And be it further enacted, That the acts of the officers of the Army already done in removing in said districts persons exercising the functions of civil[+e849906]of any such State or municipal government,[-e849723] office[+e849906]rs[+e849906] and appoint[+e849906]y act or th[-e849723]ing others in their stead are here[+e849906]done under or [-e849723]by confirmed. Pro[+e849906]vided, That any person heretofore or hereafter appointed by any dist[+e849906]rtue of its autho[-e849723]ric[+e849906]ty;[-e849723] comm[+e849906]ander to exercise the functions [+e849906] all acts heret[-e849723]of any civil [+e849906]office may be [+e849906]removed either[+e849906] done[-e849723] by the militar[+e849906]an[-e849723]y such [-e849723]officer in ac[-e849723]command of the district or by the General of the Army.[+e849906]rdance herewith shall be deemed valid. [-e849723]

Sec. 5[+e849906]3[-e849723]. And be it further enacted, That the boards of registration provided for in the a[+e849906]of the several military distri[-e849723]cts[-e849723] entitled “An[+e849906]stablished by the[-e849723] acts to which this is[-e849723] supplementary to an act entitled ‘An act to provide for[+e849906], shall admit to registration only such persons as[-e849723] the more efficient government of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passed[+e849906]y deem entitled to be registered by the acts aforesaid. They shall not regard the taking of the oath prescribed in the act of[-e849723] March 23, 1867, shall have power, and it shall be their duty before allowing[+e849906]conclusive evidence of[-e849723] the registration[+e849906]ight[-e849723] of any[+e849906]the[-e849723] person,[+e849906] taking it[-e849723] to ascertain, upon such facts or information as they can obtain, whether[+e849906]be registered, but prima facie only, and may receive[-e849723] such person is entitled to be registered[+e849906]evidence[-e849723] under said act; and[+e849906]oath relating[-e849723] the oa[+e849906]reto as [-e849723]th r[+e849906]equired b[+e849906]y said act shall not be conclusive on such question, and no[+e849906]may deem proper, either from the[-e849723] person shall[+e849906]applying to[-e849723] be registered unless such board shall decide that he is entitled thereto; an[+e849906]or others, and either of the members of sai[-e849723]d such [+e849906]board shall also[+e849906]s is[-e849723] have pow[+e849906]er to examine under oath ([+e849906]eby authorized [-e849723]to be [+e849906]administered by any member of such board) any o[+e849906] oaths or affirmations and examine wit[-e849723]nesses[-e849723] touching the qualification[+e849906]right[-e849723] of any person claiming[+e849906]to be[-e849723] registration. But in [+e849906]e[+e849723]very case of a [+e849906]re[+e849723]fusal by the[+e849906]e[+e849906 -e849723]d. Said[-e849723] boards[-e849723] t[+e849906]of[-e849723] register an applicant, and in ever[+e849906]ration ma[-e849723]y case of[+e849906] [+e849723]striking his nam[+e849906]e from the list, as hereinafter provided,[+e849906] of voters[-e849723] the board shall make a note or memorandum, which shall be return[+e849906]name of any one already register[-e849723]ed with[+e849906]ho in[-e849723] the registration list[+e849906]ir judgment improperly[-e849723] took[-e849723] the commanding general of the district, sett[+e849906]oath prescribed [-e849723]ing forth[+e849906] the grounds of such refusal or such striking from the list. Provided, That no person shall be disqualifie[+e849906]acts to which this is supplementary, or was not entitled by sai[-e849723]d act[-e849723]s a mem[+e849906]to [-e849723]ber of any board of[+e849906] registration by reason of race or [+e849906]ered. Re[-e849723]colo[+e849906]r. [+e849906]

[+e849906]

Sec. 6. An[+e849906]d be it further enacted, That the true intent and meaning of[+e849906]evidence shall not be required by said boards[-e849723] the [+e849906]oath[+e849906] prescribed in said supplementary act is (am[+e849906]ove participati[-e849723]ong[+e849906] other th[+e849906]ings)[+e849906] that no person who has been a member of the Legislature of any State, or who has held any executive or judicial o[+e849906]e rebellion, but parole evidence shall be su[-e849723]ffice in any State, whether he has taken an oath to support the Constitu[+e849906]ient to establish the fact of such participa[-e849723]tion of the United States or not, and whether he was holding such office at the time of the rebellion, or had held i[+e849906]; and said boards of registration shall no[-e849723]t before, and who has aft[+e849906] bound or gov[-e849723]erward e[+e849906]ngag[+e849906]ed in insurre[+e849906]their a[-e849723]ction or rebell[+e849906]by any opin[-e849723]ion against[+e849906]of any officer of[-e849723] the United States,[+e849906] G[-e849723]or gi[+e849906]ven aid or comfort to[+e849906]rnment. Provided, That[-e849723] the enemies thereof, is entitled[+e849906]right, of any person[-e849723] to be registered or to[+e849906]as a legal[-e849723] vote; and the words “executive or judicial[+e849906]r shall in no respect be changed[-e849723] or a[-e849723]ffice in any State,” in said oath mentioned, shall be construed to include all civil offices crea[+e849906]ected by virtue of any pardon granted to such person by the President of the Uni[-e849723]ted by law[+e849906]States[-e849723] for the administr[+e849906]particip[-e849723]ation of[+e849906]in[-e849723] the general laws of a State[+e849906]rebellion[-e849723].

Sec. 7[+e849906]4[-e849723]. And be it further enacted, That the time for completing[+e849906]no civil court of[-e849723] the original registration provided for in said act may, in th[+e849906]United States or of any State shall hav[-e849723]e juris[-e849723]dis[+e849906]cre[+e849906]tion of the commander of [+e849906]any [+e849723]district, be extended to the 1st day of October, 1867; and the boards of registration shall have power and it shall be their duty,[+e849906]y [+e849906 -e849723]action or proceeding, civil or criminal, against any such district[-e849723] commencing twenty days prior to any election under said act, and upon reasonable public notice[+e849906]ander, or any officer or person acting by his authority for or on account[-e849723] of the time and place there[+e849906]discharge [-e849723]of,[+e849906] to revise, for a period of five days,[+e849906]he duties imposed upon him by[-e849723] the reg[+e849906]istration lists, and upon being satisfied that any person not ent[+e849906] act or the acts to which it is supplementary. [-e849723]

[-e849723]

Sec. 5. And be [-e849723]itled[+e849906] fur[-e849723]thereto has[+e849906] [+e849723]be[+e849906]en register[+e849906]act[-e849723]ed, Tha[-e849723]t n[-e849723]o di[-e849723]strike the name of such person from the list, [+e849906]ct comm[-e849723]and such p[+e849906]erson[+e849906] shall not [+e849906]be allowed to vote. And such board shall also, during[+e849906]relieved from the command assigned to him under[-e849723] the same period, add to such registry[+e849906]aforesaid acts unless[-e849723] the Se[-e849723]names of [+e849906]te sh[-e849723]all pe[+e849906]have fi[-e849723]rsons who a[+e849906]t that time possess[+e849906]advised and consented[-e849723] the qualifications required[+e849906]reto, or unless[-e849723] by said act who hav[+e849906]e [+e849906]no[+e849906]t be[+e849906]en already registered; and no person[+e849906]ce of court-martial he[-e849723] shall at any time be entitled to be registered or to vote by reason of any executive p[+e849906]be cashiered or dismissed from the Army; or in [-e849723]ardon o[+e849906]r amn[+e849906]esty[+e849906] for any act[+e849906] or thing which, without such pardon or amnesty, woul[+e849906]ffense punishable by dismissal from the Army an[-e849723]d disqualified b[-e849723]y him[+e849906]sickness[-e849723] from registration or voting.[+e849906]the performance of his duties. [-e849723]

Sec. 8[+e849906]6[-e849723]. And be it further enacted, That section[+e849906]the time[-e849723] fou[+e849906]r of said las[+e849906]t-named act s[+e849906]hall b[+e849906]e construed to authorize[+e849906]mpletion of[-e849723] the commanding general nam[+e849906]registration of persons properly qualifi[-e849723]ed therein, whenever he shall deem it needful, to remove any memb[+e849906]o vote may be extended by orders of the said sev[-e849723]er of [+e849906]al[-e849723] boar[+e849906]d of reg[+e849906]istration [+e849906]ict comm[-e849723]anders[-e849723] to appoint another in his stead, and to fill any vacancy in such board.[+e849906]ny day prior to the 1st day of October, A. D. 1867. [-e849723]

Sec. 9[+e849906]7[-e849723]. And be it further enacted, That any person or persons who sha[-e849723]ll the provis[+e849906]prevent, or attempt to prevent, the execut[-e849723]ions[+e849906] of this act, and[+e849906]or either[-e849723] of the acts to which this act [-e849723]is supplementary, shall be construed liberally[+e849906]guilty of a misdemeanor[-e849723], and on convic[-e849723]ti[-e849723]on[-e849723] the end t[+e849906]reof s[-e849723]hat a[+e849906]ll th[+e849906]b[-e849723]e f[-e849723]intents thereof may b[+e849906]ed in in a sum not exceeding $5,000 or imprisoned on[-e849723]e full[+e849906]year, or both,[-e849723] and perfectly carried [+e849906]t the discretion of the c[-e849723]our[-e849723]t. [+e849942]

[+e849942]

Sec. 13. And be it further enacted, That all members of said boards of registration, and all persons holding office in said military districts, under State or municipal authority, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for the officers of the United States.[+e849942]

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