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:

H. R. 1143

Shown with amendment 'H. R. 1143: Mr. Henderson's Substitute' (e902159)

(Showing state at moment e737182)
There are 3 proposed amendments related to this document on which decisions have not been taken.
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A BILL

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

Whereas no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said 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 Presaident of the United States sharebell nominand, by and with the advice and consent of the Senate, appoint a provisional governor for the State of Louisiana, who shall hold his office for one year, unless sooner removed by the President, by and with the advice and conseded int of milithe Senate, or unless sooner superseded by a successor appointed under the provisions of this atrict. Such governor, so appointed, shall have attained the age of thirty years, shall be a citizen ofnd made subject the United States and of the State of Louisiana. He shall not have held any office whatever under the government of the so-called Confederate States, nor of anmilitary State which recognized the authority of such pretended government. He shall not have signed, voted for, or by speech or otherwise favorUnited the act of secession of any State, nor shall he be, any person who has ever held office in the army or navy of the Unitafter prescribed States, and who afterwards took an oath to support the said pretended government; norfor that purpose Virginia shall he be a person who was a member of either house of the Ccongress of the United States afuter 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, district; North Carolina and South Carolina the second district; Geor who has in any way given aid, counsel, countenance, or encouragement to the late rebellion; but shall be one who has at all times bAlabama and Florne true faith and allegiance to, the government of the United States. And before such nomination shall be acted upon by the Senate, such nominee shall make the same oath (which shall be signedird district; Mississippi and filed with the Secretary of the Senate) prescribed byArkansas the act of second July, eighteen hundred and sixty-two,fourth district; and which oath shall also contain a declaration that the nominee has done no act which would work a disqualification for holLouisiana and Texas the fifth ding such office under the provisions of this act.

SEC. 2. And be it further enacted, That the President shall forthwith nominate and, by and withbe the advice and consentduty of the SPresidentat, appoint a povisioncouncil, consisting nine persons, who shall have same qualifications as are hereign prescribed forto the office of governor, command who, before being confirmed by the Senate,of each of shall on oath make, sign, and file with said Secretary, the same oath as is prescribed for the governor. Such councillordistricts shall continue to hold their office, unless sooner removed byof the President, by and with the advice and consent of theSenatearmy, unotil a legislature shall be duly elected and qualified underlow the provisionsrank 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 obrigadier general, and to detail a sufficies unt mil after confirmation by the Senate. A majority of such council shall be a quorum, and the same shall continue in permanent session, with power, however, to orderto enable such adjournments as may be deemed propofficer, but no adjournment perfor more than thirty days at one time. All bills, resoldutions or orders adopted by the council shall be submitted to the governor for his approval. If he approvce the same, he shall sign them; if he disapprove any such bill or resolution, he shall return hority with his objections to the council, and the proceedings thereon shall be the same as provided by the Constitution of the United States in cstrict to which he is ase of the return of a bill by the President to Congressgned.

SEC. 3. And be it further enacted, That the governor shall forthwith take possession and charge of all archives and other property belonging to the State, and it shall be his duty to see that all laws of the State and of the United States shall be duly executed within such State. Until all officers ashall become elective by the people, as herein provided, the governor shall nominate and, by and with the advice and consent of the provisional council, shall appoint and commission all the officers now provided for by the existing government of said State, or which may hereafto proter by created by law. Such officers shall hold their offices, unless sooner removed bypersons in the governor, with the advice and consentir rights of the perovisional council, until successors shall be elected and qualified as herein provided. And all councillors, legislators, and other members and officers of the provisional government hereby established, and also all the members of the constituperty, to suppress insurrectional convention hereinafter provi, disorded for, shall be selected from such as can truthfully take the oath aforesaid, prescribed by the act of second July, anno Domini eighteen hundred and sixty-twod violence, and, before entering upon the duties of such office, shall take and subscribe such oat to punish, which oath shall be filed with, and preserved by, the chief jaustice of the State.

SEC. 4. Andto be it further enacted, That punless otherwise hereafter provided by Congress, the persons duly qualified as electors according to the provisionsturbers of this act in the State of Louisiana shall, upon the first Tuesday of June,public peace anno Domini eighteen hundred and sixty-seven, proceed to elect a governor, lieutenant governor, senate and house of representativecriminals, and all other officers herein provided to be appointed; which senate as end house 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, senamay allow local civil tribunals tors and representatives, and all the other officers of such provke jurisdional government shall, respectively, hold theiron offices for one year, and until their successors are dulto try qualified, unless such officers are sooner removed or superseded, in pursuance of the other provisions of tor, when in 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 injudgment it may be necessary for the case of the appointmenttrial of such officers. And the powers, duties, fees, and compensation of all such officers shall be the same as nhave pow by law appertain to such offices, respectively, in so far as such laws are not inconsistent with the proviorganize military commissions of this act.

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 citizen ofr tribunals for that purpose; and all interference under color of State authority with the exerciseUnited States, without distincof race or color, who ha attained the age of military authority under this act shwenty-one years, and has resided in Louisiana one year, and who has never borne arms against the Unitlate all be null and void.

SEC. 4. And be it further enacted, That all perssince he was a citizenreof, and whoan truthfully take the oath prescribed by the act aforesaid of July secos put under military arrest by virtue of this act sh, anno Domi eighteen hundredsixty-two: Provided, That any person otherwall be tried without unnecessary delay, and no cruel or unusual punishme quaified s an elecor, as heren proidd,and wh nevevoluntarily gave aid, countenance, encouragement, or support to any rebellion against the United States nor any such aid, countenance, encouragement, or support to any government inimical to the United States in any other manner, capacity, or rank, than aa privae sldierin oen and civilized warfa, may be admitted to the rights of an elector by an order ofshall be inflicted; and no sentenceffir or personf any mak the regitration of voters, upon establishing, to the satisfaction of such person, by the testimony of persons who have at all times borne true anycommission or allegiance to the United Statetribunal hereby authorized, affecting the lithat he is one coming with h desciption of pe orsons designated in this proviso. Upon such proof being made, and upon taking anliert liberty of any person, shall be executed until it is approved by the officer in command of the district, andsubscribing uon the cords of the regisring officer an oath th all ththings are true which bring the applicain the laws and regulations for thepton government 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 therehe mrmy shall not be affected by, such person shall receive a certificate which this act, except in so far as they conflientitle him to the rightsalctor with its provisions.

SEC. 65. And be it further enacted, That the governor and when the peoplencil ae hereby required o make and publih rules providing for—

First. A truest registration, prior to each generelection, the names of all persons who, under the provision of any one of saiis act, arentld to vote rebel at any election named in thiStates act; and he shall desigate persns, having hequalfication of electors, by whom ch registration shall be made, which registration shall ve formed a constitution of government in c completed and made ccesibleto all the elets of the State at least one weekfore eac gener election.

Second. For the time oholding 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 electionsontemplted by thi act, including rulfor receivg, counting, certifying, and returning the votes cast;granting certificates of election; the appointment ancompensain of all judgesd other officsof elections; andformitevery 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 eleConstitution, shall be persons entitled torights of an eletr nde he provision of this act; and all persons shall, before entering upon such duties, take and subscribe the oUnited Stath aforesaid, prescribed by the act of July second, anno Domini eighteen hundred and sixty-two, and also to fall respethfully animpartially discharge theute of hei offce.

SEC. 7. And be it further enacted, That upon the firs,t Mondframed by a convention of delegates ey i August, anno Domini eighteen hundreand sixty-seven, unless the Congress of the United States should by law octed bythe wise provide, aelecion shall be ld by all the pesons qualifid to vote under the provisions this ct for the choice of memberto a convention to adopt a permanent constitut and fram government for the State of Louisiana. No psonshall be eligible t a seat isuch convention who has not attaned tof as age of twenty-fve years, ad who has not all the other qualifications prescribed by this act forgovnor; an uch conventishall b composed of the same number of members anbe elected from the same dstricts as is ow provied by law fthe houe of representtves. An norson shall ake a seat n such convenwho hsnot fir tak,and upon the jounls of the convenon subscribed, the oath prescribed by the act o second July, anno Domini eighteen hundred and sixty-two. The constitution framed by such convention samale citizens of said State twenty-one years old and upwardll nopermit any distinction in trights of men on account of race or color, and shall recognize the power and duty of the government of the United Stwhates to protect and enforce the perpetual union of the States under such government. Said constituf whateverace, color, or previous condition shall provide that no debtdemnd, or liability contracted or incurred in the name of the State or otherwie,in suppor frecent rebellion, shall be assumed or paid;that no pension, compensation, gift, or gratuity, shall be beowed upon or paid by the State to y person for the los of servitude, who have been resident in saiservice or labor of any person or by reason of anything done or suffered in support of the rebellion. And such constitu shall provide State for one year previoutaforesaid provisions shall be irrrsible and incapable of abrogation by amendment to thereof. Such constitution shall be submitted for approvalday of such election, except such as may be disfranchiy thconvention, at such time as it may fix, not less th sixty aysater the adjonment of convention, to the electors of the State qualifd to ot under the proviions ofis c;election to be held under rules prescribed as aforesaid by the governor and council, and participation if apfor parcipan the rebellion or for felony at common lawovd by a majority o such lectos, it may be psenteto Congress for the admissoof the State to representation in Congress ereunder, upon such terms as may be by them prescribed.

SEC. 8. And be itwhen such constitution shall provide that enacted, That it shall be the dutythe President of the United States to designate forthwith an offr of the army of the United Stateswho is of rk not below a brigaiergeeral, wh shall be sationed inhe State fLouisiana, and sall be the mlitary commawithin the State; it shall, meover, be the duty of the President to place in such State, under the commandelective franchise shall be enjoyed by asuch officer,ll such military force as shall be requisite to execute the duties herein assigned to such commasuchpersons as have the qualification.It shall be the duty of such comander to aid the civ authories in the Stte, wheneve theshall be unable to enforce the laws enactedthe goernor and councl; and such commande, on he application of the concil or of thgovernor, whene council s noherein stted for electors of delegates, and in session, 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 shall protect the people against domestic violence. Anhave have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said Sta sall, mreover, be the dyof sch commader to redr suh support to the civil authoriti in the preervtion of orin the enforcement of the laws and rules regulating elections, and also all other laws, both of the United States and of the State, asinsure the full, speedy, andmpartial eorcement of al such laws and of equal juste, and his without rgar to race or color9te, by a vothe militia of the State shall cosist of all the itizns 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 provisioits legislature elected under said constitution, shall government have adopted the amendment to the Constitution ofcreted, sch militia shall act under e direction of the afesaid military commander within the State.

SEC. 10. And be it further enactThat all laws now in force in Louisiana, consistent with the Constitution and United States, proposed by the thirty-ninth Congress, and known as article fouraws of the Unted States and with the provisions o this act, shall rmainin fce until repealed or modified: Provided, That nocompetent to act as a juror who is not an elector under the provisions of then, anwhen said article shall hact: And vide also, That allbecome a part of the Constitutionexpenses and incident to the administration of the provUnited States, saiional governmen heen provided for shall be colleedd paid in such manner as may be prescribed by the governor and council.

SEC. 11. And be it further enacted, ThatSate shall be declared entitled to representation in Congress, and senators and representativesPresident shall appoint a or and council, as herein provided, for eachStates of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Florida, Texas, and Arkansas, whose qualifications and duties shall be the same as prescribdmitted for thosedmittherefrom on their taking the oath prescribed by law, and then and thereafterthe State of Louisiana; andll proceeding herein provided for the organizati preceding se o a repubcan governmentin Louisiana, and ons of the restoration of said State to representation in Congress, shall be had in each of the States named in this sectionis act shall be inoperative in said State.

Decisions yet to be taken

  • H. R. 1143 (introduced on 1867-02-15 12:00:00 - CREATE_FROM - e900112) [This document]
    • H. R. 1143: Mr. McDougall's Amendment (introduced on 1867-02-16 12:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e900276)
      • Motion for the Yeas and Nays on Mr. McDougall's Amendment (introduced on 1867-02-16 12:00:00 - PROCEDURE - e737182) [This moment shown]
  • Motion for a Division of the House (introduced on 1867-02-15 12:00:00 - PROCEDURE - e901970)

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