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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:Senate Committee of the Whole
  4. Session: 1867-02-15 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.

Senate Committee of the Whole

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Document introduced in:

Session 8755: 1867-02-15 12:00:00

The Senate consider H. R. 1143, as in Committee of the Whole

Document View (with components):

H. R. 1143

Shown with amendment 'None' (e900246)

(Showing state at moment e900273)
There are 3 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 the pretended State governments of the late so-called Confederate States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of Congress and without the sanction of the people; and whereas said pretended governments afford no adequate protection for life or property, but countenance and encourage lawlessness and crime; and whereas it is necessary that peace and good order should be enforced in said so-called States, until loyal and republican State governments can be legally established: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said rebel[+e900220]late so-called Confederate[-e900220] States shall be divided into military districts and made subject to the military authority of the United States,[+e900220] as hereinafter prescribed, and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama and Florida,[+e900220] the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district.

SEC. 2. And be it further enacted, That it shall be the duty of the President[+e900220]general of [-e900220] the army[-e900220] to assign to the command of each of said districts an officer of the army, not below the rank of brigadier general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.

SEC. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid to protect all p as fixed by law[+e900244]ersons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise[+e900220], anything in the constitution and laws[-e900220] of military authority under this act sh[+e900220]the late so-c[-e900220]all b[+e900220]e null an[+e900220]d void. [+e900220]

[+e900220]

SEC. 4. And be it further enacted, That all pers[+e900220]Confederate States to the c[-e900220]ons pu[+e900220]t unde[+e900220]r milit[+e900220]ary arrest by virtue of this act sh[+e900220]notwithstanding; and [-e900220]all be tried without unnecessary delay, and no cruel or unusual punishm[+e900220]legislative or judicial proceedings or processes to prev[-e900220]ent shall be inflicted; and no sentence[+e900220]or control the proceedings[-e900220] of any[+e900220]said[-e900220] military commission or [+e900220]tribunal hereby authorized, affecting the li[+e900220]s, and all inter[-e900220]fe o[+e900220]rence[-e900220] li[+e900220]bert[+e900220]y of any person, shall be executed until it is approved by the officer in command of the district, and[+e900220]said pretended State governments with[-e900220] the laws and regulations for th[+e900220]exercis[-e900220]e government [+e900220]of mili[-e900220]the [+e900220]arm[+e900220]y shall not be affected by[+e900220]authority under[-e900220] this act, exce[+e900220]pt in so far as they confli[+e900220 -e902201]shall be void and of no effect[-e902201] with its provisions[+e900220 -e902201]. [-e902201]

[-e902201]

SEC. [-e902201]5[+e900220 -e902201]4. And be it further enacted, That [-e902201]when the people[+e900220 -e902201]courts and judicial officers of [-e902201]an[+e900220 -e902201]y one of sai[+e900220]the Unite[-e900220]d rebel [+e900220]States shall not issue writs of [-e900220]have formed a constitution of government in c[+e900220]beas corpus in behalf of persons in military custody, except in cases in which the person[-e900220] is held to answer only for[-e902201]mit[+e900220 -e902201] a cri[-e902201]me or[-e900220]ele[+e902201] [-e900220]crimes [-e902201]exclusivel[-e900220]y within[-e900220] the Constitution[+e900220]jurisdiction of the courts[-e900220] of the United States with[-e900220]in all respe[+e900220]said military distri[-e900220]cts, framed by a convention of delegates e[+e900220]and indictab[-e900220]lected by[+e900220] the persons who may vote upon the ratification or rejectio[+e900220]rein, or un[-e900220] for electors of delegates[+e902201]less s[-e900220]when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors of delegates, and when such constitution [+e902201]ome commissioned officer on duty i[-e900220]n thereof as [+e900220] district w[-e900220]hereinafter provi[+e900220] the person is [-e900220]detaine[-e900220]d,[+e900220] sh[-e900220]all i[-e900220]nd whe[+e900220]orse upo[-e900220]n said cons[+e900220]pe[-e900220]titu[+e900220]tion so fr[+e900220]amed[+e900220] shall have be[+e900220]tatem[-e900220]ent[-e900220] ce[-e900220]ra[+e900220]tified by a majority of the male citizens of said State twenty-one years old and upward[+e900220]ying, upon honor, that he has knowledge[-e900220], of whateve[+e900220]r race, color, or previous condition[+e900220]information, as to the cause and circumstances[-e900220] of servitude, who have been resident in sai[+e900220]the alleged detention, an[-e900220]d S[+e900220]th[-e900220]ate for one year previou[+e900220] he believe[-e900220]s to t[+e900220]he day of voting on the question of ratifying such constitution, except such as may be disfranchi[+e900220]same to be wrongful; and, further, that he bel[-e900220]act[+e902201]ieve[-e902201]s that the indor[-e900220]sed for par[+e900220]pe[-e900220]ticipa[+e900220]tion in the rebellion or for felony at common law[+e900220]s preferred in good faith[-e900220], and when such constitution shall provide that[+e900220]in furtherance of justice, and not to hinder or delay[-e900220] the elective franchise shall be enjoyed by a[+e900220]punishment of crime. A[-e900220]ll such [+e900220]persons as have the qualification[+e900220]put under military arrest by virtue of thi[-e900220]s herein st[+e900220]ac[-e900220]ted, and[+e900220] shall have [+e900220]been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said Sta[+e900220] tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted. [-e900220]

[-e900220]

SEC. 5. And be it further enac[-e900220]ted[-e900220], by a vo[+e900220]That no sen[-e900220]tence[-e900220] of its legislature elected under said constitution, sh[+e900220]any military commission or tribun[-e900220]all[+e900220] have adopted the amendment to the Constitution of[+e900220]ereby authorized, affecting[-e900220] the United States, proposed by the thirty-ninth Congress, and known as article four[+e900220]life or liberty of any person, shall be execu[-e900220]teen, an[+e900220]d when said article shall ha[+e900220]until it is appro[-e900220]ved[-e900220] become a part of the Constitution[+e900220]y the officer in command[-e900220] of the United States, sai[+e900220]district, an[-e900220]d S[+e900220]tate s[+e900220]hall b[+e900220]e dec[+e900220]lared entitle[+e900220]ws an[-e900220]d to [+e900220]represent[+e900220]gul[-e900220]ation in Congress, and senators and representatives[+e900220]s for the government of the army[-e900220] shall not [-e900220]be admit[+e900220]ffec[-e900220]ted therefrom on their taking the oath prescribed by law, and then and thereafter[+e900220]by this act, except in so far as[-e900220] the preceding se[+e900220]y confli[-e900220]ct w[-e900220]ions of [+e900220]this bill shall be inoperative in said State[+e900220] its provisions[-e900220].

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