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  1. Overview: United States Thirteenth Amendment 1863-65
  2. Full Record: United States Thirteenth Amendment 1863-65
  3. Committee:Senate Committee of the Whole
  4. Session: 1864-07-01 00:00:00
  5. Event type: CREATE_FROM

United States Thirteenth Amendment 1863-65

An amendment to the United States Constitution to abolish slavery introduced during the American Civil War.

Senate Committee of the Whole

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Document introduced in:

Session 8873: 1864-07-01 00:00:00

H. R. 244 is debated; amendments are proposed to it.

Document View (with components):

H. R. 244

Shown with amendment 'H. R. 244: Committee on Territories First Amendment ' (e869441)

(Showing state at moment e739399)
There are 2 proposed amendments related to this document on which decisions have not been taken.

AN ACT

To guarantee to certain States whose governments have been usurped or overthrown, a republican form of government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the States declared in rebellion against the United States, the President shall, by and [-e869459]with t[-e869459]he advice a[-e869459]nd consent of[-e869459] the Senate, appo[-e869459]int for eac[-e869459]h [-e869459]a provisional governor, whose pay and em[-e869459]oluments [-e869441]shall be $[+e869441]3,000 pe[+e869441 -e869459]r[+e869441] annum[+e869441 -e869459]not exceed that of a brigad[-e869459]i[-e869441]er[-e869459] [-e869441]general of[-e869459] [-e869441]vol[-e869459]u[-e869441]nteers, who shall be c[-e869459]harged with the civil administration of such Sta[-e869459]te, [-e869459]until a State government therein shall be [-e869459]recognized as here[-e869459]inafter provided[-e869459]. [-e869459]

[-e869459]

Sec. 2. And be it furt[-e869459]her enacted,[-e869459] That so soon as the[-e869459] military resistan[-e869459]ce to the United States shall have been su[-e869459]ppres[-e869459]sed in any such State, and the people thereof shall[-e869459] have sufficiently returned to their obe[-e869459]dience to the [-e869459]Constitution[-e869459] and t[-e869459]he laws of the United [-e869459]States, the provisional governor shall [-e869459]dire[-e869459]ct the marsh[-e869459]al of the United State[-e869459]s, a[-e869459]s s[-e869459]peedily as may be, to name a s[-e869459]ufficient [-e869459]number of deputies[-e869459], and to enroll all white m[-e869459]ale citizen[-e869459]s of the United[-e869459] States resident in the State in their res[-e869459]pecti[-e869459]ve counties, and to request each one to take the oath to support the Constitution of the United States, and in his enrolment to d[-e869459]esignate those who ta[-e869459]ke and those who refuse to ta[-e869459]ke th[-e869459]at oath, which rolls shall be f[-e869459]orth[-e869459]with[-e869459] returned to the provisional go[-e869459]vernor; and if t[-e869459]he persons taki[-e869459]ng that oath shall amount to a majority of the persons enrolled in the State, he shall, by proclamation, invite the loyal people of the State to elect delegates to a convention charged to declare the will of the people of the State relative to the re-establishment of a Stat[-e869459]e government, subject to and in co[-e869459]nformity with the Constitution of the United States. [-e869459]

[-e869459]

Sec. 3. And[-e869459] be it further enacted, That the convention shall consist of as many members as both house[-e869459]s of the last constitutional St[-e869459]ate legislature, apportioned by the provisional governor among the counties, p[-e869459]arishes, or districts of the State, [-e869459]in proportion to the whit[-e869459]e population [-e869459]retu[-e869459]rned as electors[-e869459], Preside[+e869459]by the marshal, in compliance with the provisions of this act. The provisional governor shall by proclamation, declare the number of delegates to be elected by each country, parish, or election district; name a day of election not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming, as nearly as may be convenient, to the pl[-e869459]aces used in the State election next preceding the rebellion; appoint one[-e869459] or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election. [-e869459]

[-e869459]

Sec[-e869459]. 4. And be it further enacted, Tha[-e869459]t the delegates shal[-e869459]l be elected by the loyal wh[-e869459]ite male citizens of the United Stat[-e869459]es of the age of twenty-one years, and [-e869459]resident at the time in[-e869459] the county, parish, or district in which they shall offe[-e869459]r to vote, and enrolled as aforesaid, or absent in the [-e869459]milit[-e869459]ary service of the United States, and who shall take and subscribe the oath of allegiance to [-e869459]the United Sta[-e869459]tes in the form contained in the act of Congress[-e869459] of July two, eighteen hu[-e869459]ndred and sixty-two; and a[-e869459]ll suc[-e869459]h c[-e869459]itizens of the United States who a[-e869459]re in the military service of the Uni[-e869459]ted States shall vote [-e869459]at the headquarters of their r[-e869459]espective comm[-e869459]ands,[-e869459] under such regulations[-e869459] a"A[+e869459]s may[-e869459] be prescribed by the provisional gov[-e869459]ernor for the t[-e869459]aking and return of their votes[-e869459]; but[-e869459] no person wh[-e869459]o has held[-e869459] or [-e869459]ex[-e869459]ercr to provide[+e869459]ised any office, civil or military, State or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligib[-e869459]le to be elected as delegate at s[-e869459]uch electi[-e869459]on.[-e869459] [-e869459]

[-e869459]

Se[-e869459]c. 5[-e869459]. And be it further enacted,[-e869459] That the said commissioners, or either o[-e869459]f them, shall hold the election in confor[-e869459]mity wi[-e869459]th this act, and, so far as may be consistent therewith, shall proceed in the ma[-e869459]nner used in[-e869459] the State prior[-e869459] to t[-e869459]he rebel[-e869459]lion. The oath of allegiance sh[-e869459]all [-e869459]be taken and sub[-e869459]scri[-e869459]bed on the poll-book by every voter in the for[-e869459]m abov[-e869459]e [-e869459]pre[-e869459]scribed, but every person [-e869459]kn[-e869459]own [-e869459]by or proved t[-e869459]o the commissioners to have held or exercised any of[-e869459]fice, ci[-e869459]vil[-e869459] or military, State or confederate, under the rebel usu[-e869459]rpation, or to have voluntarily borne arms against the [-e869459]United States, shall be excluded though he offer to take the oath; and in case any[-e869459] person who shall have borne arms against [-e869459]the [-e869459]United [-e869459]Stat[-e869459]es shall offer[-e869459] to vote, [-e869459]he shall be deemed to have borne arms voluntarily unless he [-e869459]shall prove the contrary by the testimony of a qualified voter.[-e869459] The poll-boo[-e869459]k [-e869459]sho[-e869459]wing the n[-e869459]ame and oath of ea[-e869459]ch voter shall be returned to the prov[-e869459]i"[+e869459]sional go[-e869459]vernor by the commissioners of election or the one acting, and th[-e869459]e [-e869459]pr[-e869459]ovisi[-e869459]onal governor shall canvass such retur[-e869459]ns July 13, 1861[+e869459], and declare the person having the highest number of votes elected. [-e869459]

[-e869459]

Sec. 6. And be it further enacted, That the provisional governor shall, by proclamation, conv[-e869459]ene the delegates el[-e869459]ected as[-e869459] aforesaid, at the capital of the State, on a day n[-e869459]ot more than three months after the election, giving [-e869459]at least thirty days' [-e869459]notice o[-e869459]f and ar[+e869459]such day. In case the said capital shall in his judgm[-e869459]ent[-e869459] be unfit, he s[-e869459]haeby decla[+e869459]ll in his proclamation appoint another place. He shall preside over the del[-e869459]iberations of the convention, and administer to each delegate, before tak[-e869459]ing[-e869459] his seat in t[-e869459]he [-e869459]co[-e869459]nventio[-e869459]n, the oath of allegiance to the United States[-e869459] in the form above[-e869459] p[-e869459]rescribed.[-e869459] [-e869459]

[-e869459]

Sec. 7. And be it fu[-e869459]rther enacted, T[-e869459]hat the conve[-e869459]ntion shall declare, on behalf of[-e869459] the peopl[-e869459]e of the State, their submiss[-e869459]ion to t[-e869459]he Consti[-e869459]tution and laws of the U[-e869459]nited States, and shall[-e869459] ad[-e869459]opt the follow[-e869459]ing[-e869459] provisions, hereby prescribed b[-e869459]y the Uni[-e869459]ted States i[-e869459]n the execution of the const[-e869459]itutional duty to guarantee a republican form of government to every State, and incorporate them in the constitution of the State, that is t[-e869459]o sa[-e869459]y: [-e869459]

[-e869459]

F[-e869459]irst. [-e869459]No per[-e869459]son[-e869459] who has held or exercised any office, civil or m[-e869459]ilitary,[-e869459] exc[-e869459]ept offic[-e869459]esectors of President or Vice P[+e869459] merely ministerial and military offices below the grade of colonel, State or confederate, under the usurping power, shall vote for or be a member of the legislature or governor. [-e869459]

[-e869459]

Second. Involuntary servitude is forever prohibited, and the freedom of all persons is g[-e869459]uaranteed in said State[-e869459]. [-e869459]

[-e869459]

Third. No debt, State or confederate, created[-e869459] by or under th[-e869459]e sanction of the usu[-e869459]rping p[-e869459]ower, shall be recognized or paid by the State. [-e869459]

[-e869459]

Sec. 8. And be it further enacted, That when the convention shall have adopted th[-e869459]ose provisions, it shall proceed to re-establish a r[-e869459]epub[-e869459]liUni[+e869459]can form of government, and [-e869459]ordain a constitution containing those provisions, which, when adopted, the conven[-e869459]tion shall by ordinance provide f[-e869459]or su[-e869459]bmitting to th[-e869459]e people of the State enti[-e869459]tled to vote under this law, at an electi[-e869459]on t[-e869459]o be held in the manner prescri[-e869459]bed by the act for the[-e869459] el[-e869459]ection of delegates; but at a time and place named by the convention, at which electi[-e869459]on the said electors, and none other[-e869459]s, sh[-e869459]all vot[-e869459]e directly for or against s[-e869459]uch cons[-e869459]ti[-e869459]tution and form of State [-e869459]gove[-e869459]rnment[-e869459]. And t[-e869459]he Re[+e869459] returns of said election shall be m[-e869459]ade to the p[-e869459]rovisional gov[-e869459]ernor, who shall canvass the same in the presence of the [-e869459]electors, and if a majo[-e869459]rity of the v[-e869459]otes [-e869459]cast [-e869459]shall be for the constitution and form of governm[-e869459]ent, he shall certify the same, with a copy thereof, to the[-e869459] President of the United States, who, after obtaining the assent of Congress, shall, by proclamation, reco[-e869459]gnize the govern[-e869459]ment so established, and none other, as the const[-e869459]itutional government of the State; and from the date of s[-e869459]uch rec[-e869459]ognition[-e869459], and n[-e869459]ot before, se[-e869459]nators and represent[-e869459]ativ[-e869459]es and electors [-e869459]for President and Vice-President may be elected in such State, according to t[-e869459]he [-e869459]laws o[-e869459]f the State and the Unite[-e869459]d States. [-e869459]

[-e869459]

Sec. 9. And be i[-e869459]t further enacted, That if[-e869459] the convention shall [-e869459]refu Stat[+e869459]se to re-establish the State government on the conditions aforesaid, the [-e869459]provisional govern[-e869459]or shall declare it[-e869459] dissolved; but it shall be the dut[-e869459]y of the President, whenev[-e869459]er [-e869459]he shall have reason to believe that a[-e869459] sufficient number of the p[-e869459]eople of the State entitled to vote[-e869459] under t[-e869459]his act,[-e869459] in number not less tha[-e869459]n a ma[-e869459]jority of those enrolled as [-e869459]afore[-e869459]said, ar[-e869459]e wi[-e869459]ll[-e869459]ing to re-establish a St[-e869459]ate gove[-e869459]rnment on[-e869459] the condit[-e869459]ions aforesaid, to di[-e869459]rect [-e869459]the provi[-e869459]sional governor to ord[-e869459]er ano[-e869459]ther[-e869459] election of [-e869459]dele[-e869459]gat[-e869459]es to a co[-e869459]nven[-e869459]tion for the purpose and in [-e869459]the manner prescribed in this act, and to proceed in all respects as hereinbefor[-e869459]e prov[-e869459]ided, ei[-e869459]ther t[-e869459]o dissolve the convention, or to certify the State govern[-e869459]ment re-[-e869459]esta[-e869459]blished[-e869459] by it to the President. [-e869459]

[-e869459]

Sec. 10. And[-e869459] be it further enacted, That until the United [-e869459]States sh[-e869459]all have recogn[-e869459]izobedien[+e869459]ed a republican form of State government, the provisional governor in each of said States shall see that this act, [-e869459]and the [-e869459]laws of the[-e869459] United States, and the law[-e869459]s of Gov[+e869459]the State in force when the State government was overthrown by the rebellion, are faithfully executed within the State; but no l[-e869459]aw or usage whereby any[-e869459] person was heretofore held in involuntary servitude shall be recognized or enforced by any co[-e869459]urt or othe Uni[+e869459]fficer in such State; and the laws for the trial and punishment of white persons shall ex[-e869459]tend to[-e869459] all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The Pr[-e869459]esident shall [-e869459]appoint such officers provided for by the laws of the State when its government was overthrow[-e869459]n as he may find necessary to t[-e869459]he civil [-e869459]ad[-e869459]ministr[-e869459]ation of the State[-e869459], a[-e869459]ll which[-e869459] officers shall be[-e869459] entitle[-e869459]d to receive[-e869459] the fee[-e869459]s and emoluments[-e869459] pr[-e869459]ovided b[-e869459]y the S[-e869459]tate[-e869459] laws for such [-e869459]officers[-e869459]. [-e869459]

[-e869459]

Sec. 11. And be it further enacted, That until the recognition of a State government as aforesaid, the p[-e869459]rovisional governor sh[-e869459]all, un[-e869459]der su[-e869459]ch [-e869459]regulat[-e869459]ions as he may prescribe, cause to be[-e869459] assessed, levied, and collec[-e869459]ted,[-e869459] for the year eighteen hundred an[-e869459]d sixty-four, and every year thereafter, the tax[-e869459]es provided by the laws of such State to be levied during the fiscal year preceding t[-e869459]he overthrow of[-e869459] the State government thereof, in the [-e869459]mann[-e869459]er pre[-e869459]scribed by the laws of the State, as nearly as [-e869459]may be; and the offic[-e869459]ers appointed, as aforesaid, are v[-e869459]ested with all powers of le[-e869459]vyby[+e869459]ing and collecting such taxes, by distress or sale, as were vested in any officers or[-e869459] tribunal of the State gove[-e869459]rnment[-e869459] aforesaid for those purposes. The proceeds of such tax[-e869459]es[-e869459] shall be accounted for to the provisional governor, and be by him applied to the expenses of[-e869459] the administration of the laws in such State, subjec[-e869459]t to the directi[-e869459]on of the President, and the surplus shall [-e869459]be deposi[-e869459]ted in the t[-e869459]reasury of the United States to the credit of such State, to be paid to the State upon an appropriation therefor, to be mad[-e869459]e when a republican form of government shall be recognized therein by the United States. [-e869459]

[-e869459]

Sec. 12. [-e869459]And be i[-e869459]t further e[-e869459]nacted, That all persons held to involuntary servitude or labor in the States aforesaid are hereby emancipated and discharged therefro[-e869459]m, and they and their posterity shall be forever free. And if any such perso[-e869459]ns or th[-e869459]eir[-e869459] posterit[-e869459]y shall be restrained[-e869459] of libert[-e869459]y, uC[+e869459]nder pretence of any clai[-e869459]m to such service or labo[-e869459]r, the courts of the United State[-e869459]s s[-e869459]hall, on habeas corpus, dis[-e869459]charge them. [-e869459]

[-e869459]

Sec. 13.[-e869459] And [-e869459]be it further ena[-e869459]cted, That if any p[-e869459]erson declared free by t[-e869459]his act, or any law o[-e869459]f the U[-e869459]nited States, or a[-e869459]ny proclamation of t[-e869459]he Presid[-e869459]ent, be restrained of liberty, [-e869459]with in[-e869459]tent to be held in or redu[-e869459]ced to involuntary servit[-e869459]ude or labor[-e869459], the person convicted b[-e869459]efore a court of competent jurisdiction of such act[-e869459] shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not[-e869459] l[-e869459]ess than five nor more than twenty years. [-e869459]

[-e869459]

Sec. 14. And[-e869459] biz[+e869459]e it further enacted, That every person who shall hereafter hold[-e869459] or exercise any office, civil or military[-e869459], except offices mer[-e869459]ely msame[+e869459]inisterial and military offices below the grade of colonel, in the rebel service, State or confe[-e869459]derate, is hereby declared not to be a citizen of the United States.

Decisions yet to be taken

  • H. R. 244 (introduced on 1864-07-01 00:00:00 - CREATE_FROM - e869440) [This document]
    • H. R. 244: Mr. Sumner's Amendment (introduced on 1864-07-01 00:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e869530)
      • Motion for the Yeas and Nays on Mr. Sumner's Amendment (introduced on 1864-07-01 00:00:00 - PROCEDURE - e739399) [This moment shown]

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