Quill
  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:The House of Representatives
  4. Session: 1867-02-19 11:00:00
  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.

The House of Representatives

The House of Representatives of the Thirty-Ninth Session of Congress

The Committee Secretary's View The Committee Secretary's View

To see the full record of a committee, click on the corresponding committee on the map below.

Document introduced in:

Session 8769: 1867-02-19 11:00:00

The House non-concurs in the Senate amendments to H. R. 1143

Document View (with components):

H. R. 1143

There are 0 proposed amendments related to this document on which decisions have not been taken.

A BILL

To provide for the more efficient government of the insur[-e497310]rebel[+e497310]ctionary[-e497310] States.

Whereas no legal[+e459693]the pretended[-e459693] State governments or adequate protection for life or property now exists in the rebel[+e459693]f the late so-called Confederate[-e459693] 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[-e459693]; and whereas it is necessary that peace and good order should be enforced in said so-called [-e459693]States, until loyal and republican State governments can be legally established: Therefore, [+e459693]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said rebel[+e649400]late so-called Confederate[-e649400] States shall be divided into military districts and made subject to the military authority of the United States,[+e649400] 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,[+e649400] 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 Presid[+e649400]g[-e649400]eneral of [-e649400]the[-e649400] army[-e649400] 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;[+e649400], anything in the constitution[-e649400] and all interference unde[+e649400]laws of the late so-called Confederate States to the contrary notwithstanding; and all legislative or judicial proceedings or processes to prevent o[-e649400]r color[+e649400]ntrol the proceedings[-e649400] of State authority[+e649400]said military tribunals, and all interference by said pretended State governments[-e649400] with the exercise of m: Provided, That no sentence of death under the provision of this act shall be carried into effect without the approval of the President[+e482697]ilitary authority under this act,[-e649400] shall be null[+e649400]void[-e649400] and void[+e649400]of no effect[-e649400].

SEC. 4. And be it further enacted, That all persons put under military arrest by virtue[+e649400]courts and judicial officers[-e649400] of this act[+e649400]e United States[-e649400] shall be tried[+e649400]not issue[-e649400] wr[-e649400]ithout unnecessary delay, and no[+e649400]s of habeas[-e649400] cruel [+e649400]or unusual punishment shall be inflicted; and no sentence of any[+e649400]pus in behalf of persons in[-e649400] military commission or tribunal hereby authorized[+e649400]ustody[-e649400], aff[+e649400]ex[-e649400]cep[-e649400]t [-e649400]ing the life or liberty of any[+e649400] cases in which the[-e649400] person, shall be executed until it is approved by the officer in command of the district, and[+e649400] is held to answer only for a crime or crimes exclusively within[-e649400] the laws and regula[+e649400]jurisdic[-e649400]tions for[+e649400] of[-e649400] the government[+e649400]courts[-e649400] of the army shall not be affected by this[+e649400]United States within said military districts,[-e649400] and indi[-e649400]ct, except [+e649400]able there[-e649400]in,[-e649400] s[+e649400]o fa[+e649400]r as they conflict with its provi[+e649400]unless some commis[-e649400]sions. [+e649400]

[+e649400]

SEC. 5. And be it further enacted, Tha[+e649400]ed officer on duty in the distric[-e649400]t wherei[-e649400]n the people of any one of said rebel States[+e649400]rson is detained[-e649400] shall have formed a c[+e649400]indorse up[-e649400]on [-e649400]said pe[-e649400]titut[+e649400]ion of govern[+e649400]a state[-e649400]ment in conformity with the Constitution of the United States in all respects[+e649400]certifying, upon honor, that he has knowledge[-e649400], or in[-e649400]fo[-e649400]ra[+e649400]med by [+e649400]a conven[+e649400]tion,[-e649400] of deleg[+e649400]ate[+e649400]s elected by[+e649400]to[-e649400] the male citizen[+e649400]cause and circumstance[-e649400]s of said State twenty-one years old[+e649400]the alleged detention,[-e649400] and upward, of whatever race, color, or previous condition of servitude, who[+e649400]that he believes the same to be wrongful; and, further, that[-e649400] hav[+e649400]e been resident in said St[+e649400]lieves th[-e649400]ate for one year previous to[+e649400] the day of such elec[+e649400]indorsed peti[-e649400]tion, except such as may be disfranchised for participation[+e649400] is preferred in good faith, and[-e649400] in fur[-e649400]the rebellion or for felony at common law[+e649400]rance of justice[-e649400], and when such constitution shall provide that[+e649400]not to hinder or delay[-e649400] the elective franchise shall be enjoyed by a[+e649400]punishment of crime. A[-e649400]ll such [+e649400]persons as have the qualifications he[+e649400]put under military ar[-e649400]rein [+e649400]stated for electors[+e649400] by virtue[-e649400] of delegates,[+e649400]this[-e649400] and when su[+e649400]ch cons[+e649400]titution[+e649400] shall be ratif[+e649400]tr[-e649400]ied by a majority of the persons voting on the question of ratification who are qualified as electors of[+e649400]without unnecessary[-e649400] delegates[+e649400]ay[-e649400], and when such constitution[+e649400]no cruel or unusual punishment[-e649400] shall have [+e649400]been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said Sta[+e649400] inflicted. [-e649400]

[-e649400]

SEC. 5. And be it further enac[-e649400]ted[-e649400], by a vot[+e649400]That no sentenc[-e649400]e of its legislature elected under said constitution, sh[+e649400]any military commission or tribun[-e649400]all[+e649400] have adopted the amendment to the Constitution of[+e649400]ereby authorized, affecting[-e649400] the United States, proposed by the thirty-ninth Congress, and known as article four[+e649400]life or liberty of any person, shall be execu[-e649400]teen, an[+e649400]d when said article shall ha[+e649400]until it is appro[-e649400]ved[-e649400] become a part of the Constitution[+e649400]y the officer in command[-e649400] of the United States, sai[+e649400]district, an[-e649400]d S[+e649400]tate s[+e649400]hall b[+e649400]e dec[+e649400]lared entitled to represent[+e649400]ws and regul[-e649400]ation in Congress, and senators and representatives[+e649400]s for the government of the army[-e649400] shall not [-e649400]be admit[+e649400]ffec[-e649400]ted therefrom on their taking the oath prescribed by law, and then and thereafter[+e649400]by this act, except in so far as[-e649400] the preceding sections of this act shall be inoperative in said State[+e649400]y conflict with its provisions[-e649400].

Decisions yet to be taken

None

Document Timeline

Other Actions

View document