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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)

(Showing state at moment e849944)
There is 1 proposed amendment related to this document on which a decision has 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 administration of of any military district 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 otherexisting in his divisiontrict, and thereof; and upon such suspension or removal such said officer so assigned to commander shall have as aforesaid is hereby empowered to provide from time to time foappoint another the performance ofson in the said dutiestead of suchthe officer or person so suspended or removed, by the detai if he shall of some competent officer or soldier of the Army or by the appointment of some other person to perform the same. And to fill vacancies occasioned by death or resignation;to do, and the district commander whenever he shallmay deem it necessary, shall have poweras 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 Army of the Unite; and States shall be invested with all powers of suspension, removal, appointment, and detail granted in the preceding 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 civil officers and appointing others in their stead are hereby confirmed. Provided, That any person heretofore or hereafter appointed by any distrby any such offict commander to exercise the functions of any civil office may be removed either by the military officer in command of thccordance district or by the General of the Army, and rewith shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary.

Sec. 53. And be it further enacted, That the boards of registration provided for in the act entitled “An act supplemenseveral military to an adistricts entitled ‘An act to provide forstablished by the more efficient government of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passed March 23, 1867, shall have power, and itacts to which this is supplementary, shall be their duty to admit to registration only such persons as they deem entitled to be registered by the acts aforesaid, and t. The oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide that heregard the taking of the oath prescribed is entitled thereto; and such board shall also have power to examine under oath (to be administered by any memberct of March 23, 1867, conclusive evidence of such board) any one touching the qualificationthe right of anythe person claimtaking registration.

Sec. 6. Andit to be regist further enacted, That the true intent and meaning of the oath prescribed in saibut prima facie only, and supplementary act is (among other things) that no person who has been a membreceive such evidence under of the Legislature of any State, or whath relating thereto has theld any executive or judicial office in any Statey may deem proper, wheither he has taken afrom the person oath to support the Constitution of the Unilying to be registered States or nothers, and wheither he was holding such office at the time of the rebellion, or had held it before, and who has afterward engaged in insurrection or rebellion against the Unitmbers of said boards is hereby authorized 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 said oath mentioned, shall be construed to include all civil offices created by law forrmations and examine witnesses touching the administrationright of the general laws of a State.

Sec. 7. Andany person to be it furegisther enacted, That the time for completing the original. Said boards of registration providedmay strike fror in said act may, in the dliscretion of voters the commandername of any district, be extended to the 1st day of October, 1867; and the boards ofone already registration shall have power and it shall beered who in their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice ofjudgment improperly took the oath prescribed in the time and place thereof, to revise, for a period of five days,ts to which the registration lists, and upon being satisfied that any person supplementary, or was not entitled thereby said acts to has been registered, to strike the name of such person from the list, and such person. Record evidence shall not be allowed to vote. Anrequired by said such board shall also, durings to prove participation in the same period, add to such registry the names of rebellion, but parole evidence shall persons who at that time possess the qualificbe sufficient to establish the fact of such participations require; and by said act who have not been alreadyboards of registered; and no persration shall at any timenot be entitled to be registbound or governed or to vote by reason ofin their any executive pardon or amnestby for any act or thoping which, without such pardon or amnesty, would disqualify him from registration or voting.

Sec. 8. And be it further f any officer of the United States Governmenact. Provided, That section fourthe right, of said last-named act shallany person to be conregisterued to authorize the commanding general named thas a legal voterein, whenever he shall deem it needful, tn no remove any member of a board of registration and to appoint another in his stead, and to fillspect be changed or affected by virtue of any vacancy in such board.

Sec. 9. And be it further enacted, That all thepardon granted to such perovisions of this act, and by the President of the acts to which this is supplementary, shall be construed liberally, to the end that all theUnited States for participation intents the reof may be fully and perfectly carried oution.

Sec. 104. And be it further enacted, That no civil court of the United States or of any State shall have jurisdiction of any action or proceeding, civil or criminal, against any such district commander, or any officer or person acting by his authority, for or on account of the discharge of the duties imposed upon him by this act or the acts to which it is supplementary.

Sec. 115. And be it further enacted, That no district commander shall be relieved from the command assigned to him under the aforesaid acts, unless the Senate shall have first advised and consented thereto, or unless by sentence of court-martial he shall be cashiered or dismissed from the Army,; or in arrest for an offense punishable by dismissal from the Army, or and disqualified by sickness forrom the performance of his duties.

Sec. 126. And be it further enacted, That the time for the completion of the registration of persons properly qualified to vote may be extended by orders of the said several district commanders to any day prior to the 1st day of October, A. D. 1867.

Sec. 7. And be it further enacted, That any person or persons who shall prevent, or attempt to prevent or obstruct, the execution of this act, or either of the acts to which this act is supplementary, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in in a sum not exceeding $5,000, or imprisoned one year, or both, at the discretion of the court.

Sec. 13. And be it further enacted, That all members of said boards of registration, and all persons holding office in said military districts, under State or municipal authority, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for the officers of the United States.

Decisions yet to be taken

  • H. R. 123 (introduced on 1867-07-12 00:00:00 - CREATE_FROM - e849904) [This document]

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