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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' (e902180)

(Showing state at moment e737088)
There are 5 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 the President of the Unite[+e902159]sai[-e902159]d States sha[+e902159]ll nomin[+e902159]ate and, by and with the advice and consent of the Senate, appoint a provisional governor for the[+e902159]so-called[-e902159] Confederate State of Loui[+e902159]siana, who[+e902159] shall hold his office for one year, unless sooner removed [+e902159]by th[+e902159]e Presi[+e902159]dent, by and w[+e902159]ith the ad[+e902159]vice and conse[+e902159]ded i[-e902159]nt [+e902159]of[+e902159] mili[-e902159]the Sen[+e902159]ate, o[+e902159]r unless sooner superseded b[+e902159]y a successor appointe[+e902159]d under the prov[+e902159]isions of this a[+e902159]tri[-e902159]ct. Such governor, [+e902159]so[+e902159] appointed, shall have attained the age of thirty years, shall be a citizen of[+e902159]nd made subject[-e902159] the United States and [+e902159]of[+e902159] the State of Louisiana. He shall not have held any office whatever under the government of the so-called Confederate States, nor of an[+e902159]militar[-e902159]y State which recognized the [+e902159]authority of such pre[+e902159]tended government. He shall not [+e902159]hav[+e902159]e signed, voted for, or by speech or otherwise favor[+e902159]Unit[-e902159]ed the act of secession of any [+e902159]State, nor [+e902159]shall he be[+e902159] any per[+e902159]son[+e902159] w[+e902159]ho has ev[+e902159]er h[+e902159]eld office [+e902159]in the army or navy of the Unit[+e902159]after prescrib[-e902159]ed States[+e902159], and who afterwards took an oath to support the said pretended government; nor[+e902159]for that purpose Virginia[-e902159] shall he be a person who was a member of either house of the C[+e902159]c[-e902159]ongre[+e902159]ss of [+e902159]the Un[+e902159]ited Sta[+e902159]u[-e902159]tes after[+e902159] the first Monday in December, anno Domini eighteen hundred and sixty, and who afterwards took an oath to support the said pretended government; nor shall he be one who has borne arms against the government of the United States, [+e902159]district; North Carolina and South Carolina the second district; Ge[-e902159]or who has in any way [+e902159]given [+e902159]aid[+e902159], counsel, countenance, or encouragement to the late rebellion; but shall be one who has at all times b[+e902159]Alabama and Fl[-e902159]orne true fa[+e902159]ith an[+e902159]d [+e902159]allegiance to[+e902159] the government of [+e902159]the United States. And before such nomination shall be acted upon by the Senate, such nominee shall make the same oath (which shall be signed[+e902159]ird district; Mississippi[-e902159] and filed with the Secretary of the Senate) prescribed by[+e902159]Arkansas[-e902159] the act of second July, eighteen hundred and sixty-two,[+e902159]fourth district;[-e902159] and which oath shall also contain a declaration that the nominee has done no act which would work a disqualification for hol[+e902159]Louisiana and Texas the fifth [-e902159]ding [+e902159]such office under [+e902159]the p[+e902159]rov[+e902159]isions of this a[+e902159]ct.

SEC. 2. And be it further enacted, That the Pres[+e902159]iden[+e902159]t shall forthwith nominat[+e902159]b[-e902159]e and, by and with [+e902159]the advice and consent[+e902159]duty[-e902159] of the S[+e902159]g[-e902159]enat[+e902159]e, appoint a p[+e902159]rovision[+e902159]al council, consisting [+e902159]of nine persons, who shall have [+e902159]the same qualifications as are herein prescribed for[+e902159]army to assign to[-e902159] the office of governor, [+e902159]comm[-e902159]and who, before being confirmed by the Senate, shall[+e902159]of each[-e902159] on oath make, sign, and [+e902159]file with[+e902159] said Secretary, the same oath as is prescribed for the governor. Such councillor[+e902159]district[-e902159]s sh[+e902159]all co[+e902159]ntinue to hold their[+e902159] office, unless soone[+e902159]r removed by the President, by and with the advice and consent [+e902159]of theSenate, until a legislature shall be duly elected and qualified under[+e902159] army, not below[-e902159] the provisions[+e902159]rank[-e902159] of this act. Such provisional council shall, with the governor, have all legislative power in such State. But in no event shall the governor or any councillor enter upon the duties of their respective o[+e902159]brigadier general, and to detail a su[-e902159]ffici[-e902159]es u[+e902159]nt m[-e902159]il after conf[+e902159]irma[+e902159]tion by the Sen[+e902159]ate. A majo[+e902159]rit[+e902159]y o[+e902159]f such council shall be a qu[+e902159]orum, and the same shall [+e902159]continu[+e902159]e in permanent session, with power, however, to order[+e902159]to enable[-e902159] such adjournments as may be deemed prop[+e902159]offic[-e902159]er,[+e902159] bu[+e902159]t n[+e902159]o adjournment [+e902159]per[-e902159]for [+e902159]more[+e902159] than t[+e902159]hirty day[+e902159]s at one time. All bills, resol[+e902159]d[-e902159]utions or ord[+e902159]er[+e902159]s adopted by the cou[+e902159]ncil shall be submitte[+e902159]d to the gov[+e902159]er[+e902159]nor [+e902159]for his approval. If he approve the same, he shall sign them; if[+e902159]ce[-e902159] he d[+e902159]isapprove[+e902159] any such bill or resolution, he shall return it[+e902159]uthority[-e902159] with h[+e902159]is objectio[+e902159]ns to[+e902159] the council, and the procee[+e902159]dings thereon shall be the same as provided by the Constitution of the United States in case of the return of a bill by the President to Congress[+e902159]strict to which he is assigned[-e902159].

SEC. 3. And be it further enacted, That the governor shall forthw[+e902159]ith[+e902159] take po[+e902159]ssession and c[+e902159]harge of a[+e902159]ll archives and other property [+e902159]belonging to[+e902159] the State, and it shall be his [+e902159]duty to see that all laws [+e902159]of th[+e902159]e St[+e902159]ate and of the United States shall be duly executed within su[+e902159]ch State. Until all [+e902159]officers shall become elective by the people,[+e902159] as herein provided, the governor [+e902159]shall nom[+e902159]ig[-e902159]nat[+e902159]e an[+e902159]d, by[+e902159] and with the advice and con[+e902159]sent of the provisional council, shall[+e902159] appoint and commission all the o[+e902159]fficers n[+e902159]ow p[+e902159]rovid[+e902159]ed for by the existing government of [+e902159]said State, or which may hereaf[+e902159]to pro[-e902159]ter by [+e902159]crea[+e902159]ted[+e902159] by law. Such officers sh[+e902159]all hold their offices, unless sooner removed by[+e902159]persons in[-e902159] the governor, with the advice and consent[+e902159]ir rights[-e902159] of the[+e902159] pe[-e902159]rovi[+e902159]si[+e902159]onal council, until successors shall be elected[+e902159] and qualified as herein [+e902159]provided. And all councillors, legislators, and other members and officers of the provisional government hereby established, and also all the members of the constitu[+e902159]perty, to suppress insurrec[-e902159]tional convention hereinafter provi[+e902159], disor[-e902159]ded fo[+e902159]r, shall be selected from such as c[+e902159]an truthfully take the oath aforesaid, prescribed by the act of second July, anno Domini eighteen hundred and sixty-two[+e902159]d violence[-e902159], and, before entering upon the duties of such office, shall take and subscribe such oat[+e902159] to punis[-e902159]h, which [+e902159]oath shall be filed with, and p[+e902159]reserved by, the[+e902159] chief j[+e902159]a[-e902159]ustic[+e902159]e of the State. [+e902159]

[+e902159]

SEC. 4. And[+e902159]to[-e902159] be it further enacted, That [+e902159]p[-e902159]unless otherw[+e902159]ise [+e902159]hereafter provi[+e902159]ded by Congress[+e902159], the persons duly qu[+e902159]alified as e[+e902159]lectors[+e902159] accor[+e902159]ding to the provision[+e902159]sturber[-e902159]s of this act in[+e902159] the State of Louisiana shall, upon the first Tuesday of June, anno Domini eighteen hundred[+e902159]public peace[-e902159] and sixty-seven, proceed to elect a governor, lieutenant governor, senate and house of representatives, and all other officers herein provide[+e902159]criminals, an[-e902159]d to be appoin[+e902159]ted; w[+e902159]hich senate a[+e902159]s e[-e902159]nd hous[+e902159]e of representatives shall be composed of the same number of members and be elected from the same districts as is provided under the present government of such State; and the governor, lieutenant governor, sena[+e902159]may allow local civil tribunals [-e902159]tors and[+e902159] represen[+e902159]tatives, and all the other officers of such prov[+e902159]ke jur[-e902159]isd[-e902159]ional government shall, respe[+e902159]ctively, hold their[+e902159]on[-e902159] offices for one year,[+e902159] and until their successors are dul[+e902159]to tr[-e902159]y qualified, unless such [+e902159]officers ar[+e902159]e soo[+e902159]ner remove[+e902159]d or sup[+e902159]erseded[+e902159], in pursuance of the other provisions of t[+e902159]or, when in [-e902159]his act. All such officers so elected shall have the same qualifications, and shall take, subscribe, and file the same oath, as is herein required in[+e902159]judgment it may be necessary for[-e902159] the case of the appointment[+e902159]trial[-e902159] of such [+e902159]offic[+e902159]ers. A[+e902159]nd the pow[+e902159]ers, duties, fees, and compensation of all suc[+e902159]h offic[+e902159]ers[+e902159] shall be the same as n[+e902159]have p[-e902159]ow by law app[+e902159]ertain[+e902159] to such[+e902159] offices, respectively, in so far as such laws are not incons[+e902159]rganize military comm[-e902159]istent with the provi[+e902159]sions of this act. [+e902159]

[+e902159]

SEC. 5. And be it further enacted, That the following persons, and no others, shall be electors and entitled to vote at all elections held under the provisions of this act, namely: every male citize[+e902159]r tribunals for that purpose, anything i[-e902159]n of [+e902159]the United States, without distinc[+e902159]constitu[-e902159]tion of r[+e902159]ace or color, who has attai[+e902159]ne[+e902159]d the age[+e902159]laws[-e902159] of twenty-one years, and has resided in Louisiana one year, and who has never borne arms against the Unit[+e902159]he [-e902159]late so-call[-e902159]ed Confederate States since he was a citizen[+e902159]to[-e902159] thereof, and who[+e902159] can truthfully take the oath prescribed by the act aforesaid of July seco[+e902159]ontrary notwithsta[-e902159]nd, anno Dom[+e902159]ini eighteen hundred[+e902159]g;[-e902159] and sixty-two: Provided, That any person otherw[+e902159]all leg[-e902159]ise qua[+e902159]lified [+e902159]as an elec[+e902159]tor, as here[+e902159]in pro[+e902159]vid[+e902159]ed,[+e902159] and wh[+e902159]o neve[+e902159]r voluntarily gave aid, countenance, encouragement, or support to any rebellion against the United State[+e902159]judicial proceeding[-e902159]s n[+e902159]or any such aid, countenance, encouragement, or support to any government inimical to the United States in any other manner, capacity, or rank, than a[+e902159]processe[-e902159]s a priva[+e902159]te s[+e902159]oldier[+e902159] in o[+e902159]pen and civilized warfa[+e902159]re, may be admitted to the rights of an elector by an order of[+e902159]vent or control[-e902159] the pr[-e902159]offi[+e902159]cer or person mak[+e902159]ed[-e902159]ing the regi[+e902159]stration[+e902159] of voters, upon establishing, to the satisfaction of such person, by the testimony of persons who have at all times borne true [+e902159]said military tribun[-e902159]allegiance to the United State[+e902159]s, that he is one coming with[+e902159]and all [-e902159]in [+e902159]th[+e902159]e desc[+e902159]ription o[+e902159]f p[+e902159]ersons designated in this proviso. Upon such proof being made, and upon taking an[+e902159]ence by sai[-e902159]d subscribing u[+e902159]pon the [+e902159]records of the regis[+e902159]tering officer an oath th[+e902159]nded St[-e902159]at all th[+e902159]e things are true which bring the applica[+e902159]governme[-e902159]nts[-e902159] within[+e902159] the exer[-e902159]cept[+e902159]ion[+e902159]se[-e902159] of this proviso, and also that such person will at all times bear true allegiance to the United States, and to the perpetual union of the States there[+e902159]military authority [-e902159]under, such person shall receive a certificate which[+e902159] this act,[-e902159] shall entitle him to the rights[+e902159]be void and[-e902159] of a[+e902159]no[-e902159] el[+e902159]ff[-e902159]ector[+e902159].

SEC. 6[+e902159]4[-e902159]. And be it further enacted, That the governor and [+e902159]council a[+e902159]re hereby required [+e902159]to make and publi[+e902159]sh rules providing for— [+e902159]

[+e902159]

First. A true[+e902159] and just registration, prior to each gener[+e902159]dici[-e902159]al election, [+e902159]of the names of all persons who, under the provision[+e902159]ficer[-e902159]s of this act, ar[+e902159]e ent[+e902159]Un[-e902159]itl[+e902159]ed to vote [+e902159]St[-e902159]at any election nam[+e902159]ed in thi[+e902159]s act; and he [+e902159]shall desig[+e902159]nate pers[+e902159]ons, having [+e902159]the[+e902159] qual[+e902159]ification[+e902159]s of electors, by whom [+e902159]such registration shall be made, which registration s[+e902159]e writs of [-e902159]hall [+e902159]be completed and made [+e902159]acce[+e902159]ssible[+e902159] to all the ele[+e902159]ct[+e902159]ors of the State at least one week[+e902159]pus in[-e902159] before eac[+e902159]h gener[+e902159]al election. [+e902159]

[+e902159]

Second. For the time o[+e902159]f holding all elections, the time for holding which is not fixed by this act; and also for the places and manner of holding and conducting all the elections[+e902159]of persons in military custody, except in[-e902159] contempl[+e902159]ated by thi[+e902159]s act, including rul[+e902159]es for receiv[+e902159]ing, counting, certifying, and returning the votes cast;[+e902159] which[-e902159] the granting certificates of election; the appointment an[+e902159]person is hel[-e902159]d compensa[+e902159]ti[+e902159]on of all judges[+e902159] and other offic[+e902159]sw[-e902159]ers[+e902159] of elections; and[+e902159]nly[-e902159] for every other thing which shall be necessary to the holding of a free election by the people. But all officers and agents appointed to make such registrations, and to conduct, make returns of, certify to, or do any act touching any ele[+e902159]a crime or crimes exclusively within the jurisdi[-e902159]ction, shall be persons entitled to[+e902159] of[-e902159] the rights of an ele[+e902159]ct[+e902159]or [+e902159]unde[+e902159]r [+e902159]the provision[+e902159]s of this act; and all persons shall, before entering upon such duties, take and subscribe the o[+e902159]e United St[-e902159]ath afor[+e902159]esaid, prescribed by the act of July second, anno Domini eighteen hundred and sixty-two, and also to f[+e902159] within s[-e902159]aithfully an[+e902159]d impartially discharge the[+e902159]military[-e902159] dut[+e902159]ie[+e902159]s of [+e902159]thei[+e902159]r off[+e902159]ice. [+e902159]

[+e902159]

SEC. 7. And be i[+e902159]t further enacted, That upon the fir[+e902159]s,t[+e902159] Mond[+e902159]ay i[+e902159]n August, anno Domini eighteen hundre[+e902159]d and sixty-seven, unless the Congress of the United States should by law o[+e902159]indictable [-e902159]therwise provide, an election shall be held by all the persons qualified to vote under the provisions of this act for the choice of members to a convention to adopt a permanent constitut[+e902159]ein, or unless some commiss[-e902159]ion and fram[+e902159]ed[-e902159] of government for the State of Louisiana. No p[+e902159]fic[-e902159]erson[+e902159] shall be eligible t[+e902159]o a seat i[+e902159]n such convention who has not atta[+e902159]duty [-e902159]ined[+e902159] the age of twenty-five years, and who has not all the other qualifications prescribed by this act for[+e902159]district wherein[-e902159] the gov[+e902159]p[-e902159]ernor; and [+e902159]such conventi[+e902159]on shall be composed of the same number of members an[+e902159]is detaine[-e902159]d shall be elected from the same d[+e902159]istricts as is [+e902159]now provi[+e902159]ded by law f[+e902159]or the house of representatives. An[+e902159]se upon sai[-e902159]d no [+e902159]person shall [+e902159]take a seat [+e902159]in such conven[+e902159]tion who h[+e902159]as[+e902159] not fir[+e902159]st taken, and upon the journals of the convention subscribed, the oath prescribed by the act of second July, anno Domini eighteen hundred and sixty-two. The constitution framed by such convention s[+e902159]atement certifying, upon honor, t[-e902159]hall no[+e902159]t permit any distinction in t[+e902159]he rights of men on account of race or color, and shall recognize the power and duty of the government of the United States to protect and enforce the perpetual union of the States under such government. Said constitu[+e902159]has knowledge, or informa[-e902159]tion shall provide that no debt[+e902159], dem[+e902159]and, or liability contracted or incurred in the name of the State or otherwi[+e902159]se,[+e902159] in suppor[+e902159]t [+e902159]of[+e902159] the recent rebellion, shall be assumed or paid;[+e902159]cause[-e902159] and that no pension, compensation, gift, or gratuity, shall be be[+e902159]circum[-e902159]stowed upon or paid by the State to [+e902159]any person for the los[+e902159]ce[-e902159]s of the service or labor of any person or by reason of anything done or suffered in support of the rebellion. And such constitu[+e902159]alleged deten[-e902159]tion shall provide[+e902159], and[-e902159] that t[+e902159]he aforesaid provisions shall be irr[+e902159]beli[-e902159]ever[+e902159]sible and incapable of abrogation by amendment[+e902159] thereof. Such constitution shall be submitted for approval[+e902159] same to[-e902159] by th[+e902159]e convention, at such time as it may fix, not less th[+e902159]wrongful; [-e902159]an sixty [+e902159]d,ays[+e902159] a[+e902159]fter the adjo[+e902159]urnment of [+e902159]the convention, to the electors of the State qualif[+e902159]r, that he bel[-e902159]ied to [+e902159]vot[+e902159]e under the provi[+e902159]sions of[+e902159] this [+e902159]ac[+e902159]t;[+e902159] the election to be held under rules prescribed as aforesaid by the governor and council, and if ap[+e902159]indorsed petition is [-e902159]prov[+e902159]ed by a majority o[+e902159]f such [+e902159]electo[+e902159]rs, it may be p[+e902159]resente[+e902159]d to Congress for the admiss[+e902159]io[+e902159]n of the State to representation in Congress [+e902159]good fai[-e902159]thereunder[+e902159], upon such terms [+e902159]as may be by them prescribed. [+e902159]

[+e902159]

SEC. 8. A[+e902159]nd be it[+e902159]in[-e902159] further enacted, That it shall be the duty[+e902159]ance[-e902159] of the President of the United States to designate forthwith an off[+e902159]just[-e902159]icer of the army of the United States[+e902159], who is of r[+e902159]ank not below a briga[+e902159]dier[+e902159] ge[+e902159]neral, wh[+e902159]o shall be s[+e902159]tationed in[+e902159] the State [+e902159]of[+e902159] Louisiana, and s[+e902159]hall be the m[+e902159]ilitary comma[+e902159]nder within the State; it shall, m[+e902159]oreover, be the duty of[+e902159] delay[-e902159] the President to place in such State, under the command[+e902159]punishment[-e902159] of such officer, such military force as shall be requisite to execute the duties herein assigned to such comma[+e902159]crime. All persons put u[-e902159]nder.[+e902159] It shall be the duty of such co[+e902159]mmander to aid the civ[+e902159]il author[+e902159]ities in the St[+e902159]ate, wheneve[+e902159]r the[+e902159]y shall be unable to enforce the laws enacted[+e902159]arrest[-e902159] by the go[+e902159]vernor and counc[+e902159]il; and such commande[+e902159]r, on [+e902159]the application of the co[+e902159]uncil or of th[+e902159]e governor, when[+e902159]of[-e902159] the council [+e902159]is no[+e902159]ac[-e902159]t in session, [+e902159]shall protect the people against domestic violence. An[+e902159]be trie[-e902159]d w[-e902159]it s[+e902159]hall, m[+e902159]oreover, be the d[+e902159]uty[+e902159] of s[+e902159]uch comma[+e902159]nder to re[+e902159]nd[+e902159]er su[+e902159]ch support to the civil authoriti[+e902159]es in the pre[+e902159]serv[+e902159]ation of o[+e902159]ry [-e902159]der[+e902159]lay[-e902159], and in the enforcement of the laws and rules regulating elections, and also all other laws, both of the United States and of the State, as[+e902159]no cruel or unusual punishment[-e902159] shall insure the full, speedy, and[+e902159]be[-e902159] impartial e[+e902159]nforcement of a[+e902159]ll such laws and of equal just[+e902159]ice, and [+e902159]this without r[+e902159]egar[+e902159]d to race or color[+e902159].

SEC. 9[+e902159]5[-e902159]. And be it further enacted, That the militia of the Sta[+e902159]no sen[-e902159]te shall co[+e902159]nsist of all the [+e902159]citiz[+e902159]ens[+e902159] of the State qualified as electors under this act, who shall be, as soon as practicable, duly organized and equipped, under laws adopted by the governor and council; and during the existence of the provisio[+e902159]any military commission or tribu[-e902159]nal government [+e902159]hereby cre[+e902159]ated, s[+e902159]uch militia shall act under [+e902159]the direction of the af[+e902159]oresaid military commander within the State. [+e902159]

[+e902159]

SEC. 10. And be it further enact[+e902159]iz[-e902159]ed, That all laws now in force in Louisiana, consistent with[+e902159]affecting[-e902159] the Constitution and [+e902159]laws of the Un[+e902159]ited States and with the provisions o[+e902159]f this act, shall r[+e902159]emain[+e902159] in f[+e902159]orce until repealed or modified: Provided, That no[+e902159] liberty of any[-e902159] person,[-e902159] shall be competent to act as a juror who is not an elector under the provisions of th[+e902159]executed until it [-e902159]is act: And [+e902159]p[-e902159]provid[+e902159]ed also, That all[+e902159]by[-e902159] the expenses [+e902159]of and incident to the administration[+e902159]ficer in command[-e902159] of the prov[+e902159]d[-e902159]isional governmen[+e902159]t he[+e902159]re[+e902159]in provided for shall be colle[+e902159]cted[+e902159],[-e902159] and paid in such manner as may be prescribed by the governor and council. [+e902159]

[+e902159]

SEC. 11. And be it further enacted, That[+e902159]the laws and regulations for[-e902159] the President shall appoint a [+e902159]governor and council, as herein provided, for each[+e902159]ment[-e902159] of the States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Florida, Texas, and Arkansas, whose qualifications and duties shall be the same as prescribed for those[+e902159]army shall not be affected by this act, except[-e902159] in the State of Louisiana; and[+e902159]so far[-e902159] all proceeding[+e902159]s herein provided for [+e902159]the organizati[+e902159]y c[-e902159]on o[+e902159]f a repub[+e902159]lican governmen[+e902159]t w[-e902159]in Louisiana, and [+e902159]the restoration of said State to representation in Congress, shall be had in each of the States named in this section[+e902159] its provisions[-e902159].

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