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.
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The Senate consider H. R. 1143, as in Committee of the Whole
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 rebellate so-called Confederate States shall be divided into military districts and made subject to the military authority of the United States, 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, 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 general of the army 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 persons 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, anything in the constitution and laws of military authority under this act shthe late so-call be null and void.
SEC. 4. And be it further enacted, That all persConfederate States to the cons put under military arrest by virtue of this act shnotwithstanding; and all be tried without unnecessary delay, and no cruel or unusual punishmlegislative or judicial proceedings or processes to prevent shall be inflicted; and no sentenceor control the proceedings of anysaid military commission or tribunal hereby authorized, affecting the lis, and all interfe orence liberty of any person, shall be executed until it is approved by the officer in command of the district, andsaid pretended State governments with the laws and regulations for thexercise government of milithe army shall not be affected byauthority under this act, except in so far as they conflishall be void and of no effect with its provisions.
SEC. 54. And be it further enacted, That when the peoplecourts and judicial officers of any one of saithe United rebel States shall not issue writs of have formed a constitution of government in cbeas corpus in behalf of persons in military custody, except in cases in which the person is held to answer only formit a crime or crimes exclusively within the Constitutionjurisdiction of the courts of the United States within all respesaid military districts, framed by a convention of delegates eand indictablected by the persons who may vote upon the ratification or rejectiorein, or unless some commissioned officer on duty in thereof as district whereinafter provi the person is detained, shall ind wheorse upon said conspetitution so framed shall have betatement ceratified by a majority of the male citizens of said State twenty-one years old and upwardying, upon honor, that he has knowledge, of whatever race, color, or previous conditioninformation, as to the cause and circumstances of servitude, who have been resident in saithe alleged detention, and Sthate for one year previou he believes to the day of voting on the question of ratifying such constitution, except such as may be disfranchisame to be wrongful; and, further, that he believes that the indorsed for parpeticipation in the rebellion or for felony at common laws preferred in good faith, and when such constitution shall provide thatin furtherance of justice, and not to hinder or delay the elective franchise shall be enjoyed by apunishment of crime. All such persons as have the qualificationput under military arrest by virtue of this herein stacted, and shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said Sta tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted.
SEC. 5. And be it further enacted, by a voThat no sentence of its legislature elected under said constitution, shany military commission or tribunall have adopted the amendment to the Constitution ofereby authorized, affecting the United States, proposed by the thirty-ninth Congress, and known as article fourlife or liberty of any person, shall be executeen, and when said article shall hauntil it is approved become a part of the Constitutiony the officer in command of the United States, saidistrict, and State shall be declared entitlews and to representgulation in Congress, and senators and representativess for the government of the army shall not be admitffected therefrom on their taking the oath prescribed by law, and then and thereafterby this act, except in so far as the preceding sey conflict wions of this bill shall be inoperative in said State its provisions.