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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 'None' (e869461)

There are 0 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 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]

[-e869459]

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 citizens[-e869459] of the Un[-e869459]ited States reside[-e869459]nt in the State in their re[-e869459]spective co[-e869459]unties, and to [-e869459]request each one to take the oath to suppo[-e869459]rt th[-e869459]e Constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, whi[-e869459]ch rolls shall be for[-e869459]thwith returned to the provis[-e869459]ional[-e869459] governor; and if the persons t[-e869459]akin[-e869459]g th[-e869459]at oath shall amount to a major[-e869459]ity of the perso[-e869459]ns enrolled in [-e869459]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 Constitution of[-e869459] the United States. [-e869459]

[-e869459]

Sec. 3. And[-e869459] be it further enacted, That the convention shall consist of as man[-e869459]y members as both houses of the last constitutional State legislature, apportioned by the [-e869459]provisional governor among the [-e869459]counties, parishes, or districts of the State, in proportion to the white popu[-e869459]lation returned as electors, by the [-e869459]marshal, in compliance wi[-e869459]th the provis[-e869459]ions[-e869459] of this act. Th[-e869459]e Preside[+e869459]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; appoi[-e869459]nt one or more commissioners to hold the election at each place of voting[-e869459], and provide an adequate force to keep the peace during the election. [-e869459]

[-e869459]

Sec. 4. And be it further enacted, That the delegates shall be elected[-e869459] by the loyal white male citizens o[-e869459]f the United States [-e869459]of the age of twenty-one yea[-e869459]rs, and resident at the time in the [-e869459]county, parish, or district in which th[-e869459]ey shall offer to vote,[-e869459] and enrolled as aforesaid, or absent in the military ser[-e869459]vice of the United States, and who shall take and subsc[-e869459]ribe [-e869459]the oath of allegiance to the United States in the form contained in the act of Congress of J[-e869459]uly two, eight[-e869459]een hundred and sixty-two; and all such citizens[-e869459] of the United States who[-e869459] are in the military servi[-e869459]ce of [-e869459]the[-e869459] United States shall vote at the h[-e869459]eadquarters of their respective comma[-e869459]nds, under such regula[-e869459]tions as may be prescribed by [-e869459]the provisiona[-e869459]l gov[-e869459]ernor for the taking an[-e869459]d "A[+e869459]retur[-e869459]n of their votes; but no person who h[-e869459]as held or exer[-e869459]cised any office, civil or mili[-e869459]tary,[-e869459] State or con[-e869459]federate, [-e869459]unde[-e869459]r [-e869459]ther to provide[+e869459] 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]

[-e869459]

Sec. 5. And be it[-e869459] further enacted, That the said c[-e869459]ommissione[-e869459]rs,[-e869459] or ei[-e869459]ther[-e869459] of them, shall hold the ele[-e869459]ction in conformity with this act, and, s[-e869459]o far as may be consistent therewith, sha[-e869459]ll proc[-e869459]eed in the manner used in the State prior to the rebellion. The oath of allegian[-e869459]ce shall be [-e869459]taken and subscr[-e869459]ibed [-e869459]on the p[-e869459]oll-book by every voter in the [-e869459]form[-e869459] above prescribe[-e869459]d, b[-e869459]ut every person known by or proved to the comm[-e869459]ission[-e869459]er[-e869459]s t[-e869459]o have held or exercised a[-e869459]ny[-e869459] off[-e869459]ice, civil or [-e869459]military, State or confederate, under the rebel usur[-e869459]pation, [-e869459]or [-e869459]to have voluntarily borne arms against the United State[-e869459]s, shall be excluded though he offer to take the oath; [-e869459]and in case any person who shall have borne arms against the United States shall o[-e869459]ffer to vote, he shall be deemed to have b[-e869459]orne[-e869459] arms v[-e869459]olun[-e869459]tarily unless [-e869459]he shall p[-e869459]rove the contrary by the testimony of a qualified voter. The[-e869459] poll-book showing the name and oath of each voter shall be ret[-e869459]urned to the [-e869459]pr[-e869459]ovi[-e869459]sional gov[-e869459]ernor by the commi[-e869459]ssioners of election or the one acting[-e869459],"[+e869459] and the [-e869459]provisional governor shall canvass such returns, and declare the [-e869459]pe[-e869459]rs[-e869459]on ha[-e869459]ving the highest number of votes elect[-e869459]ed July 13, 1861[+e869459]. [-e869459]

[-e869459]

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 State[-e869459], on a day not more [-e869459]than thr[-e869459]ee months after the election, giving at least thirt[-e869459]y days' notice of such day. In case the said capital [-e869459]shall in his judgment [-e869459]be unfit[-e869459], and ar[+e869459]he shall in his proclamation appoint another place. H[-e869459]e s[-e869459]hall preside ov[-e869459]ereby decla[+e869459] the deliberations of the convention, and administer to each delegate, befo[-e869459]re taking his seat in the convention, the oath of allegiance to the Unite[-e869459]d S[-e869459]tates in the f[-e869459]orm[-e869459] a[-e869459]bove pr[-e869459]escribed. [-e869459]

[-e869459]

Sec. 7. And be it further enacted[-e869459], That the convent[-e869459]io[-e869459]n shall de[-e869459]cl[-e869459]are, on behalf of the [-e869459]people of the St[-e869459]ate, their su[-e869459]bmission to the Constitution and [-e869459]laws of th[-e869459]e United States, and shall ad[-e869459]opt the [-e869459]following[-e869459] provisions, hereby pres[-e869459]cribed by the United St[-e869459]ate[-e869459]s in the execu[-e869459]tio[-e869459]n of the constitutional duty to [-e869459]guarantee[-e869459] a republica[-e869459]n form of government to ever[-e869459]y 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 office, ci[-e869459]vil [-e869459]or mili[-e869459]tary, [-e869459]except[-e869459] of[-e869459]fices merely ministerial and military offices bel[-e869459]ow the g[-e869459]rade[-e869459] of colon[-e869459]electors of President or Vice P[+e869459], 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]

[-e869459]

Third. No debt, State or confederate, c[-e869459]reated by or under the [-e869459]sanct[-e869459]ion of the usurping power, shall be recognize[-e869459]d or paid by th[-e869459]e State. [-e869459]

[-e869459]

Sec. 8. A[-e869459]nd be i[-e869459]t further enacted, That when the convention shall have adopted those provisions, it shall proceed to re-establish a republican form [-e869459]of government, and ordain a constitution containing [-e869459]thos[-e869459]e Uni[+e869459]provisions, which, when adop[-e869459]ted, the convention shall by ordinance provide for submitting to the people of the[-e869459] State entitled to vote under thi[-e869459]s law[-e869459], at an electi[-e869459]on to be held in the manne[-e869459]r prescribed by the act for the election [-e869459]of d[-e869459]elegates; but at a time and pla[-e869459]ce named by the conven[-e869459]tio[-e869459]n, at which election the said electors, and none others, shall vote directly for or a[-e869459]gainst such constitution and form of[-e869459] Stat[-e869459]e gover[-e869459]nment. And the returns of s[-e869459]aid elec[-e869459]ti[-e869459]on shall be made to the p[-e869459]rovi[-e869459]sional[-e869459] govern[-e869459]or Re[+e869459], who shall canvass the same in the [-e869459]presence of [-e869459]the electors, [-e869459]and if a majority of the votes cast shall be for the cons[-e869459]titution and form of go[-e869459]vernment, he [-e869459]shall[-e869459] cert[-e869459]ify the same, with a copy thereof, to the Preside[-e869459]nt of the United States, who, after obtaining the assent of[-e869459] Congress, shall, by proclamation, recognize the government so established, and none other, as the constit[-e869459]utional governme[-e869459]nt of the State; and from the date of such recogn[-e869459]ition, and not before, senators and representatives and e[-e869459]lectors[-e869459] for Pre[-e869459]sident [-e869459]and Vice-Pres[-e869459]ident may be elected[-e869459] in [-e869459]such State, acco[-e869459]rding to the laws of the State and the United States. [-e869459]

[-e869459]

Sec. 9. And be it fu[-e869459]rth[-e869459]er ena[-e869459]cted, That if the convent[-e869459]ion shall refuse to re-establ[-e869459]ish the State government o[-e869459]n the conditions afore[-e869459]said Stat[+e869459], the provisional governor shall declare it dissolved; but it shall be th[-e869459]e duty of the Pres[-e869459]ident, whenever he [-e869459]shall have reason to believe that a[-e869459] sufficient number of the [-e869459]peo[-e869459]ple of the State entitled to vote unde[-e869459]r this act, in number not l[-e869459]ess than a majority of those enroll[-e869459]ed as af[-e869459]oresaid,[-e869459] are willing to re-esta[-e869459]blish [-e869459]a State government on the co[-e869459]nditi[-e869459]ons afor[-e869459]esai[-e869459]d,[-e869459] to direct the provision[-e869459]al gover[-e869459]nor to or[-e869459]der another[-e869459] election of delegate[-e869459]s to [-e869459]a convent[-e869459]ion for the purpose an[-e869459]d in t[-e869459]he m[-e869459]anner prescri[-e869459]bed [-e869459]in [-e869459]this act, [-e869459]and [-e869459]to proceed in all respects a[-e869459]s hereinbefore provided, either to dissolve the convention, or to certify the St[-e869459]ate go[-e869459]vernment[-e869459] re-es[-e869459]tablished by it to the President. [-e869459]

[-e869459]

Sec. 10. And be it f[-e869459]urther e[-e869459]nact[-e869459]ed, Tha[-e869459]t until the United States shall have rec[-e869459]ognized a republican form of State government,[-e869459] the prov[-e869459]isional governo[-e869459]r obedien[+e869459]in each of said States shall see that this act, and the laws of the United States, and the laws of the State in for[-e869459]ce when [-e869459]the State g[-e869459]overnment was overthrown by[-e869459] the Gov[+e869459]rebellion, are faithfully executed within the State; but no law or usage whereby any person was heretofore held in involuntary s[-e869459]ervitude shall be recog[-e869459]nized or enforced by any court or officer in such State; and the laws for the trial and punish[-e869459]ment of the Uni[+e869459]white persons shall extend to all persons, and jurors shall have the qualifications of vo[-e869459]ters un[-e869459]der this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the[-e869459] State when it[-e869459]s government was overthrown as he may find necessary to the civil administration of the State[-e869459], all which officers shall be e[-e869459]ntitled t[-e869459]o [-e869459]receive[-e869459] the fees and emol[-e869459]ume[-e869459]nts prov[-e869459]ided by the State [-e869459]laws for[-e869459] such office[-e869459]rs. [-e869459]

[-e869459]

S[-e869459]ec. 11. And be i[-e869459]t f[-e869459]urther e[-e869459]nacted,[-e869459] Tha[-e869459]t until the rec[-e869459]ognition[-e869459] of a State government as aforesaid, the provisional governor shall, under such regulations as he may prescri[-e869459]be, cause to be assess[-e869459]ed, lev[-e869459]ied, a[-e869459]nd [-e869459]collect[-e869459]ed, for the year eighteen hundred and[-e869459] sixty-four, and every year t[-e869459]here[-e869459]after, the taxes provided by the [-e869459]laws of such State to be levied during the fisca[-e869459]l year preceding the overthrow of the State government thereof, in the manner prescri[-e869459]bed by the laws[-e869459] of the State, as nearly as may be; an[-e869459]d th[-e869459]e offi[-e869459]cers appointed, as aforesaid, are vested with a[-e869459]ll powers of levying [-e869459]and collecting such taxes, by dist[-e869459]ress or sale, as were veste[-e869459]d by[+e869459]in any officers or tribunal of the State government aforesaid for those purposes. The[-e869459] proceeds of such taxes sha[-e869459]ll be [-e869459]accounted for to the provisional governor, and be by hi[-e869459]m [-e869459]applied to the expenses of the administration of the laws in such State, subject to the direc[-e869459]tion of the President, and the surplus shall be depos[-e869459]ited in the trea[-e869459]sury of the United States to the credit of [-e869459]such Stat[-e869459]e, to be pai[-e869459]d to the State upon an appropriation therefor, to be made when a republican form of government shall be recognized therein [-e869459]by the United States. [-e869459]

[-e869459]

Sec. 12. And be it further enacted, That all persons held to involuntary ser[-e869459]vitude o[-e869459]r labor in [-e869459]the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any s[-e869459]uch persons or their posterity shall be restrained of liberty, under pretenc[-e869459]e of any[-e869459] cl[-e869459]aim to su[-e869459]ch service or labor, [-e869459]the courts[-e869459] of C[+e869459]the United States shall, [-e869459]on habeas corpus, dischar[-e869459]ge them. [-e869459]

[-e869459]

Sec. 13. And be it fu[-e869459]rth[-e869459]er enacted, That if any per[-e869459]son declared free by thi[-e869459]s act[-e869459], or any law of t[-e869459]he United States, o[-e869459]r any proclamation of th[-e869459]e President, be restr[-e869459]ained o[-e869459]f liberty, with in[-e869459]tent to be held in o[-e869459]r reduced[-e869459] to involuntary servitude or la[-e869459]bor, th[-e869459]e person convicted before [-e869459]a court of competent juri[-e869459]sdiction of [-e869459]such act shall be punish[-e869459]ed by fine of not less than fifteen hundred dollars[-e869459], and be imprisoned not less than five nor more than twenty years. [-e869459]

[-e869459]

Sec. 14. And be it f[-e869459]ur[-e869459]ther enacted, That every person who shall hereafter hold [-e869459]oriz[+e869459] exercise any office, civil or military, except offices merely m[-e869459]inisterial and military offices below the [-e869459]grade of colonel, in[-e869459] the same[+e869459]rebel service, State or confederate, is hereby declared not to be a citizen of the United States[-e869459].

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