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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.

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H. R. 244

Shown with amendment 'None' (e869452)

(Showing state at moment e739404)
There is 1 proposed amendment related to this document on which a decision has 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 emoluments shall not exceed that of a [-e869459]br[-e869459]igadier general of volun[-e869459]teers, who sh[-e869459]all be charged with the civil admi[-e869459]nis[-e869459]tration of [-e869459]such[-e869459] State, until a State g[-e869459]overnment therein shall be recognized as hereina[-e869459]fter[-e869459] provided. [-e869459]

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Sec. 2. And be it further en[-e869459]acted, That so soo[-e869459]n as the militar[-e869459]y resistance to the United [-e869459]States shall[-e869459] have been suppresse[-e869459]d in any such Stat[-e869459]e, and the people thereof shall have suffi[-e869459]cient[-e869459]ly returned to their obedience to the Constitution [-e869459]and the laws of the United States, the p[-e869459]rovisional gov[-e869459]ernor shall [-e869459]direct[-e869459] the marshal of the Un[-e869459]ited States, as speedily as may be, to [-e869459]name[-e869459] a sufficien[-e869459]t number of deputies, [-e869459]and [-e869459]to [-e869459]enroll all white male ci[-e869459]tizens of [-e869459]the United States [-e869459]resident in the State in th[-e869459]eir respect[-e869459]ive counties, a[-e869459]nd to request each one to take the oath to[-e869459] supp[-e869459]ort the Constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oat[-e869459]h, which rolls shall [-e869459]be forthwith returned to the [-e869459]provi[-e869459]sional governor; and if the per[-e869459]sons[-e869459] tak[-e869459]ing that oath shall amount to a[-e869459] majority of the[-e869459] persons enroll[-e869459]ed 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 State government, subject to and in conformity with the Constitut[-e869459]ion of the United States. [-e869459]

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Sec. [-e869459]3. And be it further enacted, That the convention shall consist of [-e869459]as many members as both houses of the last constitutional State legislature, apportioned b[-e869459]y the provisional governor amon[-e869459]g the counties, parishes, or districts of the State, in proportion to the whit[-e869459]e population returned as electors, b[-e869459]y the marshal, in complia[-e869459]nce with the [-e869459]prov[-e869459]isions of this a[-e869459]ctPreside[+e869459]. 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 places used in the State election next preceding the rebellion;[-e869459] appoint one or more commissioners to hold the election at each place of [-e869459]voting, and provide an adequate force to keep the peace during the election. [-e869459]

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Sec. 4. And be it further enacted, That the delegates shall be e[-e869459]lected by the loyal white male citi[-e869459]zens of the United S[-e869459]tates of the age of twenty-o[-e869459]ne years, and resident at the time i[-e869459]n the county, parish, or district in wh[-e869459]ich they shall offer to[-e869459] vote, and enrolled as aforesaid, or absent in the milita[-e869459]ry service of the United States, and who shall take and[-e869459] subs[-e869459]cribe the oath of allegiance to the United States in the form contained in the act of Congres[-e869459]s of July two,[-e869459] eighteen hundred and sixty-two; and all such ci[-e869459]tizens of the United Stat[-e869459]es who are in the military[-e869459] servi[-e869459]ce [-e869459]of the United States shall vote at[-e869459] the headquarters of their respective[-e869459] commands, under such [-e869459]regulations as may be prescrib[-e869459]ed by the prov[-e869459]ision[-e869459]al governor for the tak[-e869459]in"A[+e869459]g and[-e869459] return of their votes; but no person[-e869459] who has held o[-e869459]r exercised any office, civil o[-e869459]r mil[-e869459]itary, State [-e869459]or confede[-e869459]rate[-e869459], [-e869459]undr to provide[+e869459]er the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligible to be elected as delegate at such election. [-e869459]

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Sec. 5. And[-e869459] be it further enacted, That the [-e869459]said commi[-e869459]ssi[-e869459]oners,[-e869459] or [-e869459]either of them, shall hold t[-e869459]he election in conformity with this act, [-e869459]and, so far as may be consistent therewit[-e869459]h, shal[-e869459]l proceed in the manner used in the State prior to the rebellion. The oath of al[-e869459]legiance sha[-e869459]ll be taken and [-e869459]subsc[-e869459]ribed on[-e869459] the poll-book by every voter i[-e869459]n th[-e869459]e form above pre[-e869459]scri[-e869459]bed, but every person known by or proved to th[-e869459]e comm[-e869459]is[-e869459]sio[-e869459]ners to have held or exerc[-e869459]is[-e869459]ed a[-e869459]ny office, civ[-e869459]il or military, State or confederate, under the rebe[-e869459]l usurpa[-e869459]tio[-e869459]n, or to have voluntarily borne arms against the United[-e869459] States, shall be excluded though he offer to take the [-e869459]oath; and in case any person who shall have borne arms against the United States s[-e869459]hall offer to vote, he shall be deemed to [-e869459]have[-e869459] borne [-e869459]arms[-e869459] voluntarily u[-e869459]nless he s[-e869459]hall prove the contrary by the testimony of a qualified vote[-e869459]r. The poll-book showing the name and oath of each voter shall [-e869459]be returned t[-e869459]o [-e869459]the[-e869459] provision[-e869459]al governor by the[-e869459] commissioners of election or the one [-e869459]a"[+e869459]cting, an[-e869459]d the provisional governor shall canvass such returns, and declar[-e869459]e [-e869459]th[-e869459]e per[-e869459]son having the highest number of votes[-e869459] e July 13, 1861[+e869459]lected. [-e869459]

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Sec. 6. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the[-e869459] State, on a day not[-e869459] more th[-e869459]an three months after the election, giving at least[-e869459] thirty days' notice of such day. In case the said ca[-e869459]pital shall in his jud[-e869459]gment be[-e869459] uand ar[+e869459]nfit, he shall in his proclamation appoint another pl[-e869459]ace[-e869459]. He shall pres[-e869459]ideby decla[+e869459]e over the deliberations of the convention, and administer to each delegate[-e869459], before taking his seat in the convention, the oath of allegiance to the[-e869459] Un[-e869459]ited States in[-e869459] th[-e869459]e [-e869459]form ab[-e869459]ove prescribed. [-e869459]

[-e869459]

Sec. 7. And be it further e[-e869459]nacted, That the c[-e869459]on[-e869459]vention sh[-e869459]al[-e869459]l declare, on behalf o[-e869459]f the people of [-e869459]the State, th[-e869459]eir submission to the Constitutio[-e869459]n and laws[-e869459] of the United States, and sh[-e869459]all adop[-e869459]t the fol[-e869459]lowing provisions, hereb[-e869459]y prescribed by the Uni[-e869459]ted[-e869459] States in the[-e869459] ex[-e869459]ecution of the constitutional du[-e869459]ty to gua[-e869459]rantee a rep[-e869459]ublican form of government t[-e869459]o every State, and incorporate them in the constitution of the State, that is to say: [-e869459]

[-e869459]

First. No person who has held or exercised any offi[-e869459]ce, [-e869459]civil o[-e869459]r mili[-e869459]tary, [-e869459]exc[-e869459]ept offices merely ministerial and military offic[-e869459]es below[-e869459] the[-e869459] grade of[-e869459] cectors of President or Vice P[+e869459]olonel, 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 guaranteed in said State. [-e869459]

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Third. No debt, State or confeder[-e869459]ate, created by or unde[-e869459]r the[-e869459] sanction of the usurping power, shall be rec[-e869459]ognized or paid[-e869459] by the State. [-e869459]

[-e869459]

Sec[-e869459]. 8. An[-e869459]d be it further enacted, That when the convention shall have adopted those provisions, it shall proceed to re-establish a republican[-e869459] form of government, and ordain a constitution conta[-e869459]inin[-e869459]g Uni[+e869459]those provisions, which, whe[-e869459]n adopted, the convention shall by ordinance provide for submitting to the people [-e869459]of the State entitled to vote und[-e869459]er th[-e869459]is law, at an [-e869459]election to be held in the[-e869459] manner prescribed by the act for the ele[-e869459]ctio[-e869459]n of delegates; but at a time a[-e869459]nd place named by the [-e869459]con[-e869459]vention, at which election the said electors, and none others, shall vote directly fo[-e869459]r or against such constitution and f[-e869459]orm o[-e869459]f State[-e869459] government. And the return[-e869459]s of sai[-e869459]d [-e869459]election shall be made to[-e869459] the[-e869459] provi[-e869459]sional [-e869459]go Re[+e869459]vernor, who shall canvass the same i[-e869459]n the presen[-e869459]ce of the elec[-e869459]tors, and if a majority of the votes cast shall be for th[-e869459]e constitution and form[-e869459] of governmen[-e869459]t, he[-e869459] shal[-e869459]l certify the same, with a copy thereof, to the P[-e869459]resident of the United States, who, after obtaining the ass[-e869459]ent of Congress, shall, by proclamation, recognize the government so established, and none other, as the c[-e869459]onstitutional go[-e869459]vernment of the State; and from the date of such [-e869459]recognition, and not before, senators and representatives[-e869459] and el[-e869459]ectors f[-e869459]or Pres[-e869459]ident and Vic[-e869459]e-President may be e[-e869459]lect[-e869459]ed in such State[-e869459], according to the laws of the State and the United States. [-e869459]

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Sec. 9. And be[-e869459] it[-e869459] furth[-e869459]er enacted, That if the c[-e869459]onvention shall refuse to re-[-e869459]establish the State govern[-e869459]ment on the conditions[-e869459] afo Stat[+e869459]resaid, the provisional governor shall declare it dissolved; but it shall[-e869459] be the duty of th[-e869459]e President, whenev[-e869459]er he shall have reason to believe [-e869459]that a sufficient number o[-e869459]f t[-e869459]he people of the State entitled to vot[-e869459]e under this act, in number[-e869459] not less than a majority of those [-e869459]enrolled[-e869459] as afor[-e869459]esaid, are willing to r[-e869459]e-esta[-e869459]blish a State government on [-e869459]the c[-e869459]ondition[-e869459]s af[-e869459]or[-e869459]esaid, to direct the pro[-e869459]visional[-e869459] governor[-e869459] to order a[-e869459]nother election of de[-e869459]legat[-e869459]es to a c[-e869459]onvention for the purp[-e869459]ose an[-e869459]d in[-e869459] the manner p[-e869459]resc[-e869459]rib[-e869459]ed in this[-e869459] act[-e869459], and to proceed in all resp[-e869459]ects as hereinbefore provided, either to dissolve the convention, or to certify [-e869459]the St[-e869459]ate gove[-e869459]rnment[-e869459] re-established by it to the President. [-e869459]

[-e869459]

Sec. 10. And b[-e869459]e it fur[-e869459]ther[-e869459] enacte[-e869459]d, That until the United States shall ha[-e869459]ve recognized a republican form of State gover[-e869459]nment, th[-e869459]e provisional g[-e869459]ovobedien[+e869459]ernor in each of said States shall see that this act, and the laws of the United States, and the laws of the State [-e869459]in force[-e869459] when the S[-e869459]tate government was overthr[-e869459]own bGov[+e869459]y the rebellion, are faithfully executed within the State; but no law or usage whereby any person was heretofore held in involun[-e869459]tary servitude shall be[-e869459] recognized or enforced by any court or officer in such State; and the laws for the trial and [-e869459]punishmethe Uni[+e869459]nt of white persons shall extend to all persons, and jurors shall have the qualifications[-e869459] of vot[-e869459]ers under this law for delegates to the convention. The President shall appoint such officers provided for by the laws [-e869459]of the State w[-e869459]hen its government was overthrown as he may find necessary to the civil administration of the[-e869459] State, all which officers shal[-e869459]l be enti[-e869459]tl[-e869459]ed to r[-e869459]eceive the fees an[-e869459]d e[-e869459]molument[-e869459]s provided by the [-e869459]State la[-e869459]ws for such [-e869459]officers[-e869459]. [-e869459]

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Sec. 11. An[-e869459]d b[-e869459]e it fur[-e869459]ther en[-e869459]acte[-e869459]d, That until t[-e869459]he recog[-e869459]nition of a State government as aforesaid, the provisional governor shall, under such regulations as he may p[-e869459]rescribe, cause to be [-e869459]assesse[-e869459]d, lev[-e869459]ied[-e869459], and c[-e869459]ollected, for the year eighteen hundr[-e869459]ed and sixty-four, and every [-e869459]year[-e869459] thereafter, the taxes provided b[-e869459]y the laws of such State to be levied during the[-e869459] fiscal year preceding the overthrow of the State government thereof, in the manner p[-e869459]rescribed by th[-e869459]e laws of the State, as nearly as may [-e869459]be; [-e869459]and th[-e869459]e officers appointed, as aforesaid, are vested [-e869459]with all powers of le[-e869459]vying and collecting such taxes, b[-e869459]y distress or sale, as were[-e869459] vby[+e869459]ested in any officers or tribunal of the State government aforesaid for those purpose[-e869459]s. The proceeds of such tax[-e869459]es sha[-e869459]ll be accounted for to the provisional governor, and be[-e869459] b[-e869459]y him applied to the expenses of the administration of the laws in such State, subject to the[-e869459] direction of the President, and the surplus shall be[-e869459] deposited in th[-e869459]e treasury of the United States to the cred[-e869459]it of suc[-e869459]h State, to [-e869459]be paid to the State upon an appropriation therefor, to be made when a republican form of government shall be recognized th[-e869459]erein by the United States. [-e869459]

[-e869459]

Sec. 12. And be it further enacted, That all persons held to involunta[-e869459]ry servi[-e869459]tude or lab[-e869459]or in the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if[-e869459] any such persons or their posterity shall be restrained of liberty, under p[-e869459]retence [-e869459]of [-e869459]any claim[-e869459] to such service or l[-e869459]abor, the [-e869459]courC[+e869459]ts of the United States s[-e869459]hall, on habeas corpus, d[-e869459]ischarge them. [-e869459]

[-e869459]

Sec. 13. And be[-e869459] it[-e869459] further enacted, That if a[-e869459]ny person declared free [-e869459]by th[-e869459]is act, or any la[-e869459]w of the United Sta[-e869459]tes, or any proclamation[-e869459] of the President, be[-e869459] restra[-e869459]ined of liberty, w[-e869459]ith intent to be hel[-e869459]d in or r[-e869459]educed to involuntary servitude[-e869459] or lab[-e869459]or, the person convicted b[-e869459]efore a court of competen[-e869459]t jurisdicti[-e869459]on of such act shall be [-e869459]punished by fine of not less than fifteen hundred d[-e869459]ollars, and be imprisoned not less than five nor more than twenty years. [-e869459]

[-e869459]

Sec. 14. And b[-e869459]e [-e869459]it further enacted, That every person who shall hereafter[-e869459] hiz[+e869459]old or exercise any office, civil or military, except offices me[-e869459]rely ministerial and military offices belo[-e869459]w the grade of colon[-e869459]el, isame[+e869459]n the rebel service, State or confederate, is hereby declared not to be a citizen of the United [-e869459]States.

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