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  1. Overview: United States Fourteenth Amendment & The Civil Rights Act of 1866
  2. Full Record: United States Fourteenth Amendment & The Civil Rights Act of 1866
  3. Committee:The House of Representatives
  4. Session: 1867-02-06 12:00:00
  5. Event type: CREATE_FROM

United States Fourteenth Amendment & The Civil Rights Act of 1866

An amendment to the Constitution of the United States that granted citizenship and equal rights, both civil and legal, to Black Americans, including those who had been emancipated by the thirteenth amendment.

The House of Representatives

The House of Representatives of the Thirty-Ninth Session of Congress

The Committee Secretary's View The Committee Secretary's View

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Document introduced in:

Session 8697: 1867-02-06 12:00:00

The Joint Committee on Reconstruction reports H. R. 1143

Document View (with components):

H. R. 1143

Shown with amendment 'H. R. 1143: Mr. Banks' Substitute' (e901800)

(Showing state at moment e901802)
There are 11 proposed amendments related to this document on which decisions have not been taken.

A BILL

To provide for the more efficient government of the insurrectionary States.

Whereas a form of[+e901800]the pretended State[-e901800] government ha[+e901800]s been organized in Louisiana, one of th[+e901800]of the late so-called Confederat[-e901800]e States lately in rebellion, which government has never been recognized by Congress, and having failed to secure the rights of loyal citizens or protect the government against disloyal person[+e901800]of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texa[-e901800]s, c[+e901800]an not now be recognized[+e901800]d Arkansas were set up[-e901800] without peril to [+e901800]the public interest;[+e901800]authority of Congress[-e901800] and whereas[+e901800]ithout[-e901800] the condi[+e901800]sanc[-e901800]tion of the country im[+e901800]peratively demands the earliest restoration to the Union of this and other insurg[+e901800]ople; and whereas said pretended governm[-e901800]ent State[+e901800]s;[+e901800] and whereas there is just reason to believe that, with such[+e901800]fford no adequate[-e901800] protection as the general government may rightfully extend to the loyal people of Louisiana, they will be able to [+e901800]for life or property, but countenance and encourage lawlessn[-e901800]establi[+e901800]sh[+e901800] and maintain for themselves that equal[+e901800]crime; and whereas [-e901800]ity of[+e901800] r[+e901800]ight[+e901800]s necess[-e901800]affi[+e901800]rmed b[+e901800]y the Declar[+e901800]ation[+e901800] of Inde[+e901800]penden[+e901800]a[-e901800]ce,[+e901800] and guarantee[+e901800]ood order shoul[-e901800]d by th[+e901800]e Constitution to all the people of the United[+e901800]enforced in said so-called States until loyal and republican[-e901800] States forever[+e901800] governments can be legally established[-e901800]: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission of three members, one member of which[+e901800]said so-called States[-e901800] shall be designated by the Senate, one by the House of Representatives,[+e901800]ivided into military districts[-e901800] and an officer of[+e901800]made subject to[-e901800] the milit[-e901800]army, to be designated b[+e901800]y authorit[-e901800]y the head [+e901800]of the Department of War, i[+e901800]United States a[-e901800]s hereby authoriz[+e901800]inafter prescrib[-e901800]ed,[-e901800] and appointed, wh[+e901800]for that purp[-e901800]ose duty it[+e901800]Virginia[-e901800] shall be to proceed w[+e901800]const[-e901800]itho[+e901800]ut d[+e901800]elay to[+e901800] the State of Louisia[+e901800]first district; North Caroli[-e901800]na,[+e901800] and Sou[-e901800]th Car[-e901800]olina[-e901800] take such measures as may be necessary to replace political organizations now existing,[+e901800]he second district; Georgia, Alabama and Florida the third district; Mississippi[-e901800] and to re-establish civil government in a republican form upon the b[+e901800]Arkansas the fourth district; and Louisiana and Tex[-e901800]asis[+e901800] t[-e901800]herein specified[+e901800] fifth district[-e901800].

SEC. 2. And be it further enacted, That the said commission[+e901800]it[-e901800] shall, without delay, in such manner as may be deemed expedient, cause a register[+e901800] be the duty[-e901800] of all loyal male citizens, twenty-one years[+e901800]the general[-e901800] of age and upwards, without distinction of race, color, or former co[+e901800]the army to assign to the comma[-e901800]ndition[+e901800] of slavery, who have heretofore enjoyed the right[+e901800]each[-e901800] of suffrage, who have served in the[+e901800]aid districts[-e901800] army or [+e901800]navy[+e901800] of the United States, who possess real o[+e901800]fice[-e901800]r personal estate [+e901800]of the r[-e899979]value of one hundred dollars, who contribute or who may be able to contribute by payment[+e901800]egular army, not below [-e901800]the taxes to the support of government, or who can read or write, and[+e901800]rank of brigadier general, and t[-e901800]o ll[+e901800]detch [+e901800]ail[-e901800] atiz[+e901800] ss so registered shall be qualified[+e901800]ufficient milita[-e901800]ry fvote in any e[+e901800]orce[-e901800] tction[+e901800]oheld in pur[+e901800] eance of this act, or under any government that h[+e901800]nable such offi[-e901800]ceea[+e901800]rter may be [+e901800] tganized in Louisiana in pursuance of its provisions. And nothing in t[+e901800]o perform his duties and [-e901800]enforct shall be constr[+e901800]ced [+e901800]e [-e901800]h p[+e901800]iohib[+e901800]s a[-e901800]uth[-e901800]ore extens[+e901800]io[+e901800]tyof [+e901800] witright of suffrage by the legislature[+e901800]hin the [-e901800]distother citizens than thos[+e901800]rict to[-e901800] where[+e901800]hn de[+e901800]icribed, except such[+e901800]ch are excluded by the provi[+e901800]heons of the third section of this act[+e901800] is [-e901800]assigned.

SEC. 3. And be it further enacteno person who having previously taken an oath as a member[+e901800]d, That it shall be [-e901800]the Congress, or as an[+e901800]duty[-e901800] of each of the Unit[+e901800]office[-e901800]r States, or[+e901800]assig member o[+e901800]n any State legislature, [+e901800]ed as an executive or judicial officer of any State,[+e901800] as a[-e901800]foresupport the Constitution of the United States, sh[+e901800]said to [-e901800]prothave engaged in insurrection or rebelli[+e901800]ect [-e901800]all[-e901800] aga[+e901800]pest[+e901800]rson same, or given a[+e901800]sd o[+e901800] icomfort to the enemie[+e901800]n the[-e901800]irthere[+e901800] r, (or who voted for any pretended act of sec[+e901800]ights of person and property, [-e901800]to ion,)[+e901800]sup any conven[+e901800]press [-e901800]insu of any State[+e901800]rrshall be allowed to vote, or to hold any office, civil or military[+e901800]ection, disorder, and [-e901800]viin [+e901800]oly proceedings [+e901800]ence, [-e901800]ander th[+e901800]d act[+e901800]t[-e901800]o punin any government which may[+e901800]ish, or [-e901800]causframed and establ[+e901800]e t[-e901800]o be in pursuance thereof. But Congress may, by a vote of two-third[+e901800]punished, all d[-e901800]istureach House, remove such disability. [+e901800]

[+e901800]

SEC. 4. And be it further enacted, That the said commissioners shall have power[+e901800]bers of the public peace and c[-e901800]riminaare hereby directed, [+e901800]ls,call an election of registered and qualified voters, according[+e901800] and to this end he may allow civil t[-e901800]ribunhe prov[+e901800]als to [-e901800]take j[-e901800]uris[+e901800]sdicthis act, not less than[+e901800]tion o[-e901800]f hi[+e901800]at[+e901800]nddays' notice being given thereof, under such regulations as[+e901800] to try offenders, or, when in his jud[-e901800]gment y them b[+e901800]itdeemed [+e901800] may be neand expedient, [+e901800]cessary choice of delegates to a convention for the adoption of a constitution. T[+e901800]for the trial of off[-e901800]endconvention [+e901800]ers, hconsist of the same number of memb[+e901800]e shall [-e901800]has as[+e901800]vehe m[+e901800] st[+e901800]pnumer[+e901800]ous b[+e901800]we[-e901800]r ch of the legislature of the State previous to its rebel[+e901800]to org[-e901800]anon. I[+e901800]i shall meet [+e901800]zt such time as may be di[+e901800]eected b[+e901800] the[+e901800]military coer[+e901800]mmherein appointed, and shall have[+e901800]is[-e901800]sihe [+e901800]onght to judge of the returns, elections[+e901800]s or tribunals for that[-e901800] purd qualifications of[+e901800]pose, [-e901800]ants members. [+e901800]

[+e901800]

SEC. 5. A[+e901800]yd be[+e901800]tit fur[+e901800]hinr[+e901800]gena[+e901800] ted, That all pers[+e901800]in who are registered as voters under this act,[+e901800]the cons[-e901800]titutall persons who may be elected to[+e901800]ion [-e901800]andfice[+e901800] in accordance wi[+e901800]la its provisions, sh[+e901800]ws of [-e901800]the be requir[+e901800] soto [+e901800]-[-e901800]cake and subscribe [+e901800]lh[+e901800]le[-e901800]dfollowing oa[+e901800] h: [+e901800]

[+e901800]

"I d[+e901800]Stsolemnly swear [+e901800]atat I hav[+e901800]esnever volu[+e901800] t[-e901800]o t[-e901800]heil[+e901800] cborne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel[+e901800]ontrary notwithstanding; and all legislative or judicial pro[-e901800]ceediencouragement[+e901800]ngs, or p[-e901800]rocesersons engaged in armed hostility thereto;[+e901800]ses to prevent or[-e901800] coat I hav[+e901800]ntneither sought, nor ac[+e901800]rol[-e901800] tpt[+e901800]he, nor attempted to exercise the functions of[+e901800] proceedings of said military t[-e901800]ribuy office whatever, under any authority or[+e901800]nals, and all interference[-e901800] by said prauthority in hostility to[+e901800]etended State governme[-e901800]nts wUnited States; that I have not yielded a volun[+e901800]ith the exercise[-e901800] of msupport to any prete[+e901800]ilitary aut[-e901800]hord gove[+e901800]inment,[+e901800]tau[+e901800]y ority, power, or constitution within the United States, hostile or inimical thereto[+e901800]under this act, shall be void and of no effect. [-e901800]

SEC.I do[+e901800] 4. A[-e901800]nd be it swear that, to the best of my knowledge[+e901800]further enacted, Tha[-e901800]t couability, I will support and defend the Constitution[+e901800]rts and judicial [-e901800]officers of the Unitedagainst [+e901800] S[-e901800]tateenemies, foreign and domestic; that I will bear true fa[+e901800]s shall not [-e901800]ish and allegiance to the same; that I take thi[+e901800]suebligation freely, without any mental reservation [+e901800] writs of [-e901800]ha [+e901800]berpose of evasion, so help me God." And i[+e901800]as corpus [-e901800]inelected to [+e901800] bfice shall add the words following: "and that I will well and faithfully discharge the duties of the office on which I am about to enter,[+e901800]ehalf of persons in military custody[-e901800], u help [+e901800]nleGod." [+e901800]

[+e901800]

If the [+e901800]ss sanders, or the[+e901800]ome comm[-e901800]issioneds[+e901800] of registratio[+e901800]ffappointed by them,[+e901800]icer[-e901800] on any parish or[+e901800]dut[-e901800]y in the dshall be satisfied that any[+e901800]istrict whe[-e901800]rein theha[+e901800] [-e901800]pefalsely or frau[+e901800]rul[+e901800]sntly [+e901800]onken the oath herein prescribed, the name of such pers[+e901800] is detained shall in[-e901800]dorshall be stricken from the registry. [+e901800]

[+e901800]

SEC. 6. And be it further enacted, That the convention, when duly organized, shall submit to its members the following pro[+e901800]e upon said petition a statement certi[-e901800]fysitio[+e901800]is: [+e901800]

[+e901800]

First.[+e901800]nT[+e901800]ge questi[+e901800], of the acceptance of this act as a basis of the restoration of civil government in Louisiana. [+e901800]

[+e901800]

Second. The ratification and confi[+e901800]upon honor, that he has knowledge,[-e901800] or inf of the constitutional[+e901800]o[-e901800]rmmendment propo[+e901800]aed[+e901800]tion, aslegislatures of th[+e901800] to [-e901800]thsever[+e901800]el States by the thirty-ninth Congress. A[+e901800] caif said propositions are accepted and ratified,[+e901800]use and circ[-e901800]umst[-e901800]ancesconvention sh[+e901800] of then proceed to form a Sta[+e901800] the al[-e901800]le co[+e901800]gstitu[+e901800]ed detentione constitution, w[+e901800], a[-e901800]ndn so formed, shall[+e901800] th submitted to the peop[+e901800]ae qualif[+e901800]t d to vote under[+e901800]he [-e901800]belieprovision[+e901800]v of this [+e901800]ect, at such ti[+e901800]s tas the convention shall direct,[+e901800]he same to be w[-e901800]rongfif ratified by a majority of legal voter[+e901800]ul; and further, that he[-e901800] bi[+e901800]e s[+e901800]lill be submi[+e901800]eted to[+e901800]ves tCongress of the United States, and if approved the same shall be decla[+e901800]hat the indorsed petition i[-e901800]s prto be the const[+e901800]etutio[+e901800]feof the State of Louisi[+e901800]rred in good[-e901800] fa. [+e901800]

[+e901800]

SEC. 8. An[+e901800]aibe it[+e901800]th[-e901800], and in enacted, That the military comm[+e901800] fder[+e901800]ur[-e901800]therthe di[+e901800]an[-e901800]cer[+e901800] ot or department in which Louisiana is [+e901800]f justice, and [-e901800]noclu[+e901800]t d is he[+e901800]teby[+e901800]oauth[+e901800] hized and directed whenever, in h[+e901800]inder or delay[-e901800] t judgment or t[+e901800]he judg[+e901800]e punishthe commissioners, or of the convention, or upon the request of —— of loya[+e901800]ment of c[-e901800]ricitizens, ex[+e901800]mr[+e901800]essed in w[+e901800].iting, it [+e901800] hall bec[+e901800]Ame [+e901800]lece[+e901800]lsary to[+e901800] protect the public peace, or to maintain the rights of loyal citizens, or to carry into effect the objects[+e901800]ersons put under military arrest b[-e901800]y virtue of , to declare martial law in said dis[+e901800]this act s[-e901800]halct, or any part th[+e901800]lreof, an[+e901800] be [-e901800]tr[-e901800]i take s[+e901800]ech measures and [+e901800]do[+e901800] wse such force as may be within his command as may be required to preserve the public peace;[+e901800]ithout unnecessar[-e901800]y delall public officers or persons in authority, by whomsoever appointed, are hereby required to render to the said commissioners, and to officers elected in[+e901800]ay, and no cruel or[-e901800] unrsua[+e901800]uce of orders g[+e901800]sven by them, [+e901800]uuc[+e901800]a aid as [+e901800]lay b[+e901800] required or [+e901800]pecessary [+e901800]uo[+e901800]niecure the objects herein contempla[+e901800]shment shall b[-e901800]e inflicted. 9[+e901800][-e901800]

SEC. 5. And be it further enacteall expe[+e901800]d, [-e901800]Ths attending said election, authorized and approved by the[+e901800]at no sentence of any [-e901800]military coers, shall be paid by the United States, and shall be refunded to the treasury t[+e901800]mmission or t[-e901800]ribuof [+e901800]nalthe St[+e901800] te. [+e901800]

[+e901800]

SEC. 10. And be it f[+e901800]hr[+e901800]erer enact[+e901800]eby [-e901800]authTh[+e901800]ot a sum su[+e901800]riicient to carry this act into effect is hereby appropriated out[+e901800]zed, affecting the life or[-e901800] libertymoney in the treasury not otherwise appropriated. [+e901800]

[+e901800]

SEC. 11. And[+e901800] of any perso[-e901800]n, sit further enacted, That the m[+e901800]hall be exec[-e901800]utitary[+e901800]eauthor[+e901800]d u[-e901800]ne[+e901800]til i[-e901800]t i[-e901800]s [-e901800]ahere[+e901800]pprau[+e901800]ovorized and required, upo[+e901800]ed by the o[-e901800]fficeplaint[+e901800]r in[-e901800] commandsai[+e901800] comm[+e901800]ofsioners[+e901800] the [-e901800]dior of [+e901800]sty officer appointed in pursuance of this act, [+e901800]rict, and the laws and regul[-e901800]atiof [+e901800]ons convention or its[+e901800]for the go[-e901800]verficers,[+e901800]nmo arrest and punish, by fine or imprisonment, any person who shall be guilty of any offence against the public peace[+e901800]ent of the army shall not be affected by this act, except in so far as they conflict with its pr[-e901800]ovisions.

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