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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

A select committee of the House comprised of nine members

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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)

(Showing state at moment e849938)
There are 2 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 of the 2d day of March, 1867, entitled “"An act to pProvide for the more efficient government of the rebel States,”" and of the act supplementary thereto, passed on the 23d day of March, in the year 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were illegal and void; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the authority of Congress.

Sec. 2. And be it further enacted, That the commander of any district nasaid acts to which this is a supplemed in said act shall have power, whenever inbe construed to authorize the opinion of suchfficer 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 aund the exercise of official powers, any officer 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 under any power, election, appointment, oror person 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 shall as aforesaid is havereby empowered to provide from time to time for appoint another performance ofson in the steaid duties 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 otherhe shall deem person to perform the same. Ando to fill vacancies occasioned by death or resignation;do, and the district commander whenever he shallmay deem it necessary, shall have power toas aforesaid to prohibit, suspend, or set aside, or affirm any act or proceeding of any such State government, or any municipal or other division thereofgovernment, or any act or thing done under or by virtue of its authority.

Sec. 3. And be it further enacted, That the General of the Arm; and all acts heretofore done by any such of the United States shall be invested ficer in accordance herewith shall powers of suspension, rbe deemoval, appointment, and detail granted in the preceding section to district commanders.valid.

Sec. 43. And be it further enacted, That the actboards of the officersregistration of the Army already done in removing in saidseveral military districts persons exercisingestablished by the funactions of civil officers and appointing others in their stead are hereby confirmed. Provided, That any person heretofore or hereafter appointed by any district commander to exerciseto which this is supplementary, shall admit to registration only such persons as the functions of any civil office mayy deem entitled to be removed eithgistered by the military officer in command of the district or byacts aforesaid. They shall not regard the Generaltaking of the Army, and it shall oath prescribed in the dutyact of suMarch 23, 1867, commanclusive evider to remove from office, as aforesaid, allnce of the right of the persons who are disloyal taking it to the Government of the United States, or who use their official influence in any manner to hinder, delbe registered, but prima facie only, and may, preceivent, or obstruct the due ah evidence und proper oadministh relation of this act andng thereto as the acts to which it is supplementary.

Sec. 5. And be y may deem proper, either furom ther enacted, That the boards of person applying to be registeration provided for in others, actnd entitled “An act supplementary to an act entitled ‘An act to provide for the more efficient govher of the members of said boards is hereby authorized to administernment of the rebel States,’ passed March 2, 1867, and to facilitate raths or affirmations and examine witnesses toration,” passed March 23, 1867, shall haveuching the right of any power, and it shallson to be their duty to admit toregistered. Said boards of registration only such persons amay strike from the list of voters they deem entitled to be name of any one already registered bywho in the acts aforesaid, andir judgment improperly took the oath prequired by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide thascribed in the acts to which this is supplementary, or was not he is entitled thereto; and such board shall also have power to examine under oath (toby said acts to be registered. Record evidence shall not be administerequired by any member of suchsaid board) any one touching the qualifs to prove participation of any person claiming registration.

Sec. 6. And be it further enacted, That the true intin the rebellion, but parole evidence shall be sufficient and meaning ofto establish the oath prescribed in saidfact of such pplementary act is (among other things) that no person who has been a memberticipation; and said boards of the Lregislature of any State, or who has held any executivion shall not be bor jundicial office in any State, whether he has taker governed in their action by any oath to support the Constitutionpinion of any officer of the United States or not, and whether he was holding suchGovernment. Provided, That the right, office at the time of the rebellion, or had held it before, and who has afterward engagedny person to be registered as a legal voter shall in insurrno respection or rebellion chagainst the United States, or given aid or comfort to the enemies thereof, is entitled to be registered or to vote; and the words “executive or judicial office in any State,” in saaffected by virtue of any pardon granted to such person by the Presid oath mentioned, shall be construed to include all civil offic of the United States created by law 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 the dUnited States or of any State shall have jurisdicretion 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,any action or proceeding, civil or criminal, against any such district commencing fourteen 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 aforesame period, add to such registrycts 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 pcashiered 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 prevent, or atthempt to provisevent, the executions of this act, andor either of the acts to which this act is supplementary, shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out.

Sec. 10. And be it further enacted, That no civil court ofguilty of a misdemeanor, and on conviction the United States or reof any State shall have jurisdiction of any action or probe fined in in a sum not exceeding, civil $5,000 or criminal, against any such district commander, or any officerprisoned one year, or person acting by his authorityboth, for or on account of the discharge of the duties imposed upon him by this act orof the acts to which it is supplementarycourt.

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