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

To see the full record of a committee, click on the corresponding committee on the map below.

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. Hawkins' Substitute ' (e901802)

(Showing state at moment e899992)
There are 15 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 large number[+e901802]the pretended State governments[-e901802] of the people of th[+e901802]late so-called Confederat[-e901802]e States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, did declare their independence of the United States,[+e901802] were set up without the[-e901802] and did form a pretended government, [+e901802]under [+e901802]the title[+e901802]ority[-e901802] of the [+e901802]Confederate States of America; and whe[+e901802]g[-e901802]rea[+e901802]s their senator[+e901802]s and representatives did [+e901802]withdraw from their places in[+e901802]out[-e901802] the Congre[+e901802]ss of the United States, and gave their allegi[+e901802]ance to the so-called government[+e901802]tion[-e901802] of the Confederate States of America[+e901802]people[-e901802]; and whereas said pretended government did wage a cruel and destructive war on the government and people of the United States, seized the public[+e901802]s afford no adequate protection for life or[-e901802] property and destroyed the commerce of the United States;[+e901802], but countenance[-e901802] and whereas the said rebellion has been suppressed at a great lo[+e901802]encourage lawlessne[-e901802]ss of blood [+e901802]and treasure of the United States,[+e901802]crime; and whereas[-e901802] it becomes the duty of the Congress of[+e901802]is necessary[-e901802] the United St[+e901802]ates to[+e901802] provide for th[+e901802]eac[-e901802]e restor[+e901802]atio[+e901802]n of sai[+e901802]d States to their former relations to the federal government, and to secure to all th[+e901802]good order should b[-e901802]e citiz[+e901802]ens o[+e901802]f the same c[+e901802]omplete p[+e901802]rote[+e901802]ction in th[+e901802]e full enjoyment of all their rights an[+e901802]d pr[+e901802]ivileges u[+e901802]nder[+e901802] the Con[+e901802]stitution; [+e901802]and whereas the Congress of the Un[+e901802]ite[+e901802]d States does declare that sai[+e901802]so-calle[-e901802]d States shall not resume their relations to the Federal Government until a number of the people of said[+e901802]until loyal and republican[-e901802] States, sufficient to control the same, shall maintain true faith and allegiance to t[+e901802] governments can be legally establis[-e901802]he Unite[+e901802]d States[+e901802]: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Speaker of the Hou[+e901802]se of Represent[+e901802]at[+e901802]ives an[+e901802]d the President of the Sen[+e901802]so-called St[-e901802]ates[-e901802] shall appoint three commissioners for each State, citizens of the State for wh[+e901802]be divided into military distr[-e901802]ich [+e901802]they [+e901802]shall be[+e901802] appointed, who shall have been[+e901802]nd made subject[-e901802] thr[+e901802]oughout[+e901802] the rebellion Union men, and who never aided or sympathized with the rebellion, whose duty it shall be to call a convention of the people of said States[+e901802]military authority of the United States as hereinafter prescribed, and[-e901802] for the[+e901802]at[-e901802] purpose of reforming their[+e901802]Virginia shall[-e901802] constitutions to suit[+e901802]e[-e901802] the changed condition of the times. Said convention shall consist of as many delegates as[+e901802]first district; North Carolina and South Carolina[-e901802] the most numerous branch of the legislature on the first of January, eighteen hundred and sixty. That no person who voluntarily bore arms against[+e901802]second district; Georgia, Alabama and Florida the third district; Mississippi and Arkansas[-e901802] the United States, or gave voluntary aid to[+e901802]fourth district; and Louisiana and Texas[-e901802] the rebellion, shall ever be eligible to a seat in said convention[+e901802]fifth district[-e901802].

SEC. 2. And be it further enacted, That said commissioners[+e901802]it[-e901802] shall, on or[+e901802] by[+e901802]e[-e901802] the first da[+e901802]dut[-e901802]y of May, eighteen hundred and sixty-seven, or as soon[+e901802]the general of[-e901802] thereafter[+e901802] as practicable, appoint[+e901802]rmy to assign[-e901802] tw[+e901802]o the[-e901802] commissioners[+e901802]and[-e901802] of registration for [+e901802]each county, parish, or[+e901802]of said[-e901802] district i[+e901802]s a[-e901802]n each [+e901802]of said States, whose duty it shall be to register[+e901802]ficer of the [-e901802]r[-e899979]egu[-e901802]la[-e899979]i[+e901802]r[-e899979] an appr[+e901802] [-e899979]pria[+e901802]ae[+e901802]rmook kept for that purpose, all of[+e901802]y, n[-e901802]ot belegal voters of said county, parish, or district, in order to ascertain whether any citizen who may apply for registration is entitle[+e901802]low the rank of brigadier gen[-e901802]eral,vote; said registers shall have power to administer oaths and compel the attendance of witnesses. [+e901802]

[+e901802]

SEC. 3. And be it further enacted, That every male[+e901802] and to detail a sufficient military force to enable such of[-e901802]ficeson of the age of twenty-one years, who is a citizen of the United States, who has resided one year in the State, and w[+e901802]r to perform his duties and enforce[-e901802] h has been a [+e901802]ies[+e901802]sdent of the coun[+e901802] ausix mon[+e901802]th[-e901802]ors next preced[+e901802]itg[+e901802]y witelection; who has never borne arms again[+e901802]hi[-e901802]n the United States o[+e901802]t g[+e901802]hven voluntary aid or [+e901802]eomfor[+e901802] distthe enemy in the late rebellion, shall be entitled to registration as a voter[+e901802]rict to which he is [-e901802]assigned. 4[+e901802][-e901802]

SEC. 3. And be it further enacted, That it shall be the the commissioners of registration[+e901802]duty of each officer assigned as a[-e901802]foreappoint three judges of el[+e901802]said[-e901802] toion[+e901802] pnd one clerk, registered vot[+e901802]rote[-e901802]ct , to hold electi[+e901802]all, o[+e901802] p[-e901802]erson day ordered by the State commissioners, in the several precincts or places for holding el[+e901802]s in their rights of person and property, to suppres[-e901802]s insus in said counties[+e901802]rrecttricts, [+e901802]io parishes, or at any other conveni[+e901802]n, disorder, [-e901802]ant pla[+e901802]d : Provided[+e901802]vihowever, That in case any[+e901802]olence, and to[-e901802] pthe[+e901802]unthan the [+e901802]is[-e901802]h,ual plac[+e901802] ofor holding elec[+e901802]ri[+e901802] ns shall[+e901802]causselected, proper notice sh[+e901802]e to be pu[-e901802]nishbe given by a[+e901802]evert[+e901802]d,ing the same in at least[+e901802] all distu[-e901802]rbere[+e901802]rs of the l[+e901802]p[-e901802]ubes. Th[+e901802]lipolls shall be kept open from ten o'clock ante meridian until four o'clock post meridi[+e901802]c peace and cri[-e901802]mi of sai[+e901802]naday. Alter the poll[+e901802]ls, an[-e901802]d have be[+e901802]to close[+e901802] tt[+e901802]hisjudges shall proceed to count the same and shall m[+e901802] end he may allow civil tribun[-e901802]als a fair list of the votes cast, and for whom cast,[+e901802]to take jurisdi[-e901802]ctionshall a[+e901802] [+e901802]once[+e901802]f aansmit, b[+e901802]ndthe ha[+e901802] to [-e901802]try [-e901802]of[-e901802]fef the cle[+e901802]nk[+e901802]desaid list, signed by the[+e901802]rs, or, whe[-e901802]n in es and certified by the clerk, to[+e901802]his judgment it may be neces[-e901802]sary commissioners of registration, who[+e901802]for the trial of offen[-e901802]ders, htransmit the same to the Stat[+e901802]e shall have power to[-e901802] ocom[+e901802]rgssioners. After the State[+e901802]anize [-e901802]military coer[+e901802]mmshall have ascertained the successful candidates, they shall transmit to each a certificate of his election[+e901802]issions or tribunals for that[-e901802] pwhich certific[+e901802]ute shall e[+e901802]rp[-e901802]oitle [+e901802]sem to his seat[+e901802], [-e901802]anything invention. [+e901802]

[+e901802]

SEC. 5. And be it further enacted, That the election for member[+e901802] the constitution[-e901802] and lawsconvention sh[+e901802] of [-e901802]the s[-e901802]o-[-e901802]cake place on[+e901802]lled S[-e901802]tatesfirst Monday of July, eighteen hundred and sixty-seven,[+e901802] to the contrary notwiths[-e901802]tandithe convention sh[+e901802]ng; assemb[+e901802]an on the first Monday [+e901802]d all legislative or judicial[-e901802] p Au[+e901802]ru[+e901802]ot[+e901802]ceeighteen hundred and sixty-seven, at the capital of the [+e901802]edings, or proces[-e901802]sespecti[+e901802]s States. [+e901802]

[+e901802]

SEC. 6. And be it fur[+e901802]to prevent or [-e901802]conr[+e901802]trol [-e901802]tnact[+e901802]he, That when the[+e901802] procee[-e901802]dings convention shall have formed a constitution[+e901802]of said military t[-e901802]ribunash[+e901802]ls, have submitted the same to the people for ratification, and which shall have been declared republican in form b[+e901802]and all interference by said pretended State governments with the exercise of[-e901802] mil[-e901802]ite Congress of the United States, then said State[+e901802]ary authority under t[-e901802]his act, sentitled to representation in the Congress of the United States[+e901802]hall be void and of n[-e901802]o effect. 7[+e901802][-e901802]

SEC. 4. And be it further enactethe then State [+e901802]d,mmissioners,[+e901802] Tha[-e901802]t ppoi[+e901802]cte[+e901802]ouas provided for by this act, as soon as[+e901802]rts and judicial off[-e901802]icery shall have been qualified,[+e901802]s of the Unite[-e901802]d Stateproceed to appoint judges, justice[+e901802]s shall not is[-e901802]sue wthe p[+e901802]rit[-e901802]s ce, [+e901802]oheriffs, and[+e901802]f hnstables for said State, conformable to the respective districts as organized[+e901802]abeas corpus in behalf of[-e901802] persaid State in the year eighteen hundred and sixty, and such officers shall have the same jurisdiction and perform the same duties as requir[+e901802]sons in military custody, unless some co[-e901802]mmiss them by the laws of said State[+e901802]ioned[-e901802] of the first[+e901802]fiay of January, eighteen hundred and sixty, except where said laws have become contrary to the laws of the United States and [+e901802]cer on duty in the distri[-e901802]ct conflict with [+e901802]wherei[-e901802]novi[+e901802] i[+e901802]ths[+e901802]eof th[+e901802] peact. [+e901802]

[+e901802]

SEC. 8. An[+e901802]r b[+e901802]s i[+e901802]o further en[+e901802]ncted, That the State comm[+e901802] ssio[+e901802]isrs[+e901802] [-e901802]detainehe duly qualified, bef[+e901802]d s[-e901802]hal[-e901802]l any judge of a federal court, by taking[+e901802]indorse upon said [-e901802]pend[+e901802]tiubscribing to the follow[+e901802]tion a statement[-e901802] ce oath: [+e901802]

[+e901802]

I[+e901802]rtA. B., have never borne arms agains[+e901802]ifying, upon ho[-e901802]not[+e901802]r, United States, or counsel[+e901802]that he [-e901802]has kn[-e901802]owlegiven voluntary aid to the rebell[+e901802]dge, or [-e901802]inforor been eng[+e901802]mged in any plot or con[+e901802]apiracy[+e901802]tionoverthrow [+e901802], as [-e901802]tothority of the United States in any State or Territory[+e901802] the cause and circ[-e901802]umst[-e901802]ancereof;[+e901802]sth[+e901802] t I wi[+e901802]of faithfully and honestly discharge all the du[+e901802] the alleg[-e901802]edes imposed [+e901802] d me by this act, wi[+e901802]etenti[-e901802]onout f[+e901802],vor or par[+e901802] iality. So[+e901802]andlp me God. [+e901802]

[+e901802]

All officer[+e901802] that he[-e901802] belat shall b[+e901802]ieves[-e901802] tappointed [+e901802]he perform any duties und[+e901802]same to be wrongful; a[-e901802]nd [-e901802]furis [+e901802]tc[+e901802]hes[+e901802]rall tak[+e901802], and subscribe the above oath before entering up[+e901802]that he believes that the indorse[-e901802]d pthe dut[+e901802]ee[+e901802]tiof their [+e901802]tion i[-e901802]s spective offices; an[+e901802]prany person who shall swear falsely to anything required to be sworn to under this act shall be deemed guilty of perjury[+e901802]eferred in good faith, and in furtherance of[-e901802] justiupon conviction shall be confined to hard labor in[+e901802]ce, and not to hinder [-e901802]or delenit[+e901802]ay the[-e901802] puiary[+e901802]nishthe State for a period of not less than two nor more than three years. [+e901802]

[+e901802]

SEC. 9. And be it further enacted, That the State commissioners [+e901802]ment of crime. All persons put und[-e901802]ere hereb[+e901802] miutho[+e901802]lised to call upon the P[+e901802]itaident, or any officer in command[+e901802]ry arrest b[-e901802]y virte United States forces in said State, for troops to enable [+e901802]ue of this act shall be [-e901802]trem t[+e901802]i exec[+e901802]ede the provisions of this act or the laws of the State[+e901802] without unnecessa[-e901802]ry delupon such requisition it shall be the duty of the President[+e901802]ay, and [-e901802]no cany officers so c[+e901802]ruel [-e901802]orled[+e901802] u[+e901802]uon to f[+e901802]nr[+e901802]usua the troops demand[+e901802]l punishment shall be[-e901802] inflicted. 10[+e901802][-e901802]

SEC. 5. And be it further enacted, person shall be competent to sit as a juror in th[+e901802]That no[-e901802] sdistrict or circuit courts [+e901802]entthe United States, or the courts org[+e901802]enized b[+e901802]cethe com[+e901802] ossioners, who is not a legal voter according to the provisions of this act. [+e901802]

[+e901802]

SEC. 11. And be it further enacted, That the State[+e901802]f any [-e901802]military coers shall hold their said position unti[+e901802]mmission or[-e901802] tt[+e901802]ri [+e901802]buspective States shall elect a governor and provide for filling all the official positions in[+e901802]nal hereby authorized, a[-e901802]ffectState; and they shall receive as a compensation for their services the sum[+e901802]ing the life or[-e901802] libthree thous[+e901802]erd dollars[+e901802]t[-e901802]y of annum[+e901802] an[-e901802]y which [+e901802]person, spaid out of any money in the treasury of the Uni[+e901802]hall [-e901802]be eStates not otherw[+e901802]xecuted u[-e901802]nte[+e901802]il it priat[+e901802]i[-e901802]s , and the same shall[+e901802]ape refunded to[+e901802]p[-e901802]rovedtreasury [+e901802] b the United States by the respective States. The[+e901802]y the of[-e901802]ficerissioners[+e901802] in[-e901802] comreg[+e901802]mand [-e901802]of tat[+e901802]hon for the [+e901802]eoun[+e901802] ies, parishes[+e901802]distridis[+e901802]cricts s[+e901802]tall receiv[+e901802], a[-e901802]nd[-e901802] th compens[+e901802]e laws a[-e901802]nd reg[-e901802]ulationsir services the sum[+e901802] for the go[-e901802]vern—— dollars, which said sum[+e901802]ment of [-e901802]the armbe paid out of any money in the treasury of the Uni[+e901802]y shall not [-e901802]be aStates not o[+e901802]ffe[-e901802]cterw[+e901802]ede[+e901802] bppropriated, upon the certificate, of the commissioners for the State, certifying that[+e901802]y this act, except in s[-e901802]o far have well and truly performed their duty,[+e901802]as they [-e901802]coh[+e901802]nch sums shall be refunded to [+e901802]fle treasury by the said State where the service was performed[+e901802]ict with its pr[-e901802]ovisions.

Decisions yet to be taken

Document Timeline

Other Actions