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  1. Overview: United States Fifteenth Amendment
  2. Full Record: United States Fifteenth Amendment
  3. Committee:Select Committee on Reconstruction of the House of Representatives
  4. Session: 1867-07-12 00:00:00
  5. Event type: CREATE_FROM

United States Fifteenth Amendment

Select Committee on Reconstruction of the House of Representatives

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Document introduced in:

Session 8203: 1867-07-12 00:00:00

H. R. 123, as amended by the Senate, is referred to the Committee on Reconstruction

Document View:

H. R. 123

Shown with amendment 'H. R. 123: Mr. Trumbull's Amendment' (e849906)

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

Supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the 2d day of March, 1867, and the act supplementary thereto passed on the 23d day of March, 1867.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to have been the true intent and meaning of the “act to pof the 2d day of March, 1867, entitled "An act to Provide for the more efficient government of the rebel States,” passed March 2, anno Domini 1867, was, is, and shall be construed to be" and of the act supplementary thereto, passed on the 23d day of March, in the year 1867, that the military authority ofgovernments then existing in the Unitedrebel States of Virgin said rebel States, as provided in saia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florid act, wTexas, and is paramount to any civilArkansas were illegal and void; and that thereafter said government existing, therein, makes all such civil governments subordinates, if continued, were to be continued subject in all respects to suchthe military authority, and prohibitscommanders of them from interfering in any way with respective districts and to the exercise of such military authority of Congress.

Sec. 2. And be it further enacted, That the commander ofsaid any district named in said acs to which this is a supplement shall have power, subjectbe construed to authe approval oforize the General of the Army of the United States, whenever in the opinion of suchficer assigned to the commander the proper admin of any military distration ofict under said acts, whenever he shall requiredeem it, to suspend or remove from office, or fromssary to the due performance of officialhis duties and the exercise of official powers, any officerunder said acts, to remove or susperson holding or exercising, or professing to hold or exercise,nd from office any municivipal or militaryState office or duty in such district undeor any power, election, appointment, orson exercising authority underived from, or granted by, or claimed under, virtue of any so-called State or the government thereof, or any municipal or other divisionexisting in his district, and thereof; and upon such suspension or removal such said officer so assigned to commander, subject to approval of the generals aforesaid, ishall havereby empowered to provide from time to time for appoint another performance ofson in the said dutiestead of suchthe officer or person so suspended or removed, by the detail of some competent officer or soldier of the Army or by the appointment of some oth if he shall deem proper person to perform the same.

Sec. 3. And be it further enacted, That the Gendo, and wheneveral of the Armay of the United States shall be invested with all powers ofdeem it necessary, as aforesaid to prohibit, suspension, removal, and detail granted in the precd, or set aside any act or proceeding section to district commanders.

Sec. 4. And be it further enacted, That the acts of the officers of the Army already done in removing in said districts persons exercising the functions of civilof any such State or municipal government, officers and appointy act or thing others in their stead are heredone under or by confirmed. Provided, That any person heretofore or hereafter appointed by any distrtue of its authoricty; commander to exercise the functions all acts heretof any civil office may be removed either done by the militarany such officer in accommand of the district or by the General of the Army.rdance herewith shall be deemed valid.

Sec. 53. And be it further enacted, That the boards of registration provided for in the aof the several military districts entitled “Anstablished by the acts to which this is supplementary to an act entitled ‘An act to provide for, shall admit to registration only such persons as the more efficient government of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passedy deem entitled to be registered by the acts aforesaid. They shall not regard the taking of the oath prescribed in the act of March 23, 1867, shall have power, and it shall be their duty before allowingconclusive evidence of the registrationight of anythe person, taking it to ascertain, upon such facts or information as they can obtain, whetherbe registered, but prima facie only, and may receive such person is entitled to be registeredevidence under said act; andoath relating the oareto as th required by said act shall not be conclusive on such question, and nomay deem proper, either from the person shallapplying to be registered unless such board shall decide that he is entitled thereto; anor others, and either of the members of said such board shall alsos is have power to examine under oath (eby authorized to be administered by any member of such board) any o oaths or affirmations and examine witnesses touching the qualificationright of any person claimingto be registration. But in every case of a refusal by theed. Said boards tof register an applicant, and in everration may case of striking his name from the list, as hereinafter provided, of voters the board shall make a note or memorandum, which shall be returnname of any one already registered withho in the registration listir judgment improperly took the commanding general of the district, settoath prescribed ing forth the grounds of such refusal or such striking from the list. Provided, That no person shall be disqualifieacts to which this is supplementary, or was not entitled by said acts a memto ber of any board of registration by reason of race or ered. Recolor.

Sec. 6. And be it further enacted, That the true intent and meaning ofevidence shall not be required by said boards the oath prescribed in said supplementary act is (amove participationg other things) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial oe rebellion, but parole evidence shall be suffice in any State, whether he has taken an oath to support the Constituient to establish the fact of such participation of the United States or not, and whether he was holding such office at the time of the rebellion, or had held i; and said boards of registration shall not before, and who has aft bound or goverward engaged in insurretheir action or rebellby any opinion againstof any officer of the United States, Gor given aid or comfort tornment. Provided, That the enemies thereof, is entitledright, of any person to be registered or toas a legal vote; and the words “executive or judicialr shall in no respect be changed or affice in any State,” in said oath mentioned, shall be construed to include all civil offices creaected by virtue of any pardon granted to such person by the President of the United by lawStates for the administrparticipation ofin the general laws of a Staterebellion.

Sec. 74. And be it further enacted, That the time for completingno civil court of the original registration provided for in said act may, in thUnited States or of any State shall have jurisdiscretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power and it shall be their duty,y action or proceeding, civil or criminal, against any such district commencing twenty days prior to any election under said act, and upon reasonable public noticeander, or any officer or person acting by his authority for or on account of the time and place theredischarge of, to revise, for a period of five days,he duties imposed upon him by the registration lists, and upon being satisfied that any person not ent act or the acts to which it is supplementary.

Sec. 5. And be itled furthereto has been registeracted, That no distrike the name of such person from the list, ct command such person shall not be allowed to vote. And such board shall also, duringrelieved from the command assigned to him under the same period, add to such registryaforesaid acts unless the Senames of te shall pehave firsons who at that time possessadvised and consented the qualifications requiredreto, or unless by said act who have not been already registered; and no personce of court-martial he shall at any time be entitled to be registered or to vote by reason of any executive pbe cashiered or dismissed from the Army; or in ardon or amnesty for any act or thing which, without such pardon or amnesty, woulffense punishable by dismissal from the Army and disqualified by himsickness from registration or voting.the performance of his duties.

Sec. 86. And be it further enacted, That sectionthe time four of said last-named act shall be construed to authorizempletion of the commanding general namregistration of persons properly qualified therein, whenever he shall deem it needful, to remove any membo vote may be extended by orders of the said sever of al board of registration ict commanders to appoint another in his stead, and to fill any vacancy in such board.ny day prior to the 1st day of October, A. D. 1867.

Sec. 97. And be it further enacted, That any person or persons who shall the provisprevent, or attempt to prevent, the executions of this act, andor either of the acts to which this act is supplementary, shall be construed liberallyguilty of a misdemeanor, and on conviction the end treof shat all thbe fintents thereof may bed in in a sum not exceeding $5,000 or imprisoned one fullyear, or both, and perfectly carried t the discretion of the court.

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