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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:Joint Committee of Fifteen on Reconstruction
  4. Session: 1867-02-06 10:00:00
  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.

Joint Committee of Fifteen on Reconstruction

A special joint committee made up of nine members from the House of Representatives six members of the Senate. This committee was formed to inquire into the condition of the states in rebellion.

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Document introduced in:

Session 8683: 1867-02-06 10:00:00

S. 564 is referred to the Joint Committee

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S. 564

There is 1 proposed amendment related to this document on which a decision has 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 therefore are of no constitutional validity; and whereas they are in the hands and under the control of the unrepentant leaders of the rebellion, and 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 formed: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of said so-called States shall constitute a military district, to be subject to the military authority of the United States as hereinafter prescribed.

SEC. 2. And be it further enacted, That it shall be the duty of the General of the army, under the authority of the President, to assign to the command of each of said districts a officer of the regular army not below the rank of brigadier general, and to furnish such officer with a military force sufficient to enable him 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 peaceable and law-abiding 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 the local 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, anything in the constitution and laws of the so-called States to the contrary notwithstanding; and all legislative or judicial proceedings, or processes to prevent or control the proceedings of said military tribunals, and all interference by said pretended State governments with the exercise of military authority under this act shall be void and of no effect.

SEC. 4. And be it further enacted, That courts and judicial officers of the United States may issue writs of habeas corpus in behalf of persons in military custody only when some commissioned officer on duty in the district where the petition originates shall indorse upon said petition a statement certifying upon honor that he has knowledge, or information, as to the cause and circumstances of the alleged detention, and that he believes the same to be wrongful, and further, that he believes that the indorsed petition is made in good faith, and that justice may be done and not to hinder or delay, the punishment of crime; and all persons put under military arrest by virtue of this act, shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted.

SEC. 5. And be it further enacted, That no sentence of any military tribunal, affecting the liberty or life of any person, shall be executed until it is approved by the officer in command of the proper district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions.

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