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  1. Overview: United States Fifteenth Amendment
  2. Full Record: United States Fifteenth Amendment
  3. Committee:Senate Committee of the Whole
  4. Session: 1867-07-09 00:00:00
  5. Event type: CREATE_FROM

United States Fifteenth Amendment

Senate Committee of the Whole

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Document introduced in:

Session 8135: 1867-07-09 00:00:00

The Senate considers S. 131 as in Committee of the Whole

Document View:

S. 131

Shown with amendment 'S. 131: Mr. Wilson's Amendment' (e868148)

There is 1 proposed amendment related to this document on which a decision has not been taken.
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A Bill

To give effect to an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the true intent and meaning of the “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 that the military authority of the United States in said rebel States, as provided in said act, was and is paramount to any civil government existing, therein, makes all such civil governments subordinate to such military authority, and prohibits them from interfering in any way with the exercise of such military authority.

Sec. 2. And be it further enacted, That all offices held under the pretended authority of anythe commander of any district named in said act shall have power, subject to the approval of the rebel State governmentGeneral of the armies of Virgithe United States, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Arkansas, Texas, awhenever in the opinion of such commander the proper administration of said act shall require it, to suspend Florida be, and the same are hereby, declared to be vacated at remove from office, or from the performance of official duties and the expirationercise of thirty days from the passage of this act; and the commanofficial powers, any officer or person holding generalsor exercising, or professing the sevo hold or exercise, any civil or military office or duty in such districts established by the acts to which this is in addition shall be, and under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or they are government therebyof, authorized and empowered to continue iy municipal or other division thereoffice any person who, before the expiration; and upon such suspension or removal such commander, subject to approval of the said thirty days, maygeneral aforesaid, shall have been dischargingpower to provide from time to time for the performance of the said duties of such office,r or the said commanding generals may respectively, inperson so suspended or removed, by their discretion, appoint other persons to perform the dutiesail of some competent officer or soldier of anthe Army to perform the said officesme.

Sec. 3. And be it further enacted, That the General of the armies of the United States shall be invested with all powers of suspension, removal, 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.

Sec. 5. And be it further enacted, That the boards of registration provided for in the act entitled “An act supplementary to an act entitled ‘An act to provide for the more efficient government of the rebel States,’ passed March 2, 1867, and to facilitate restoration,” passed March 23, 1867, shall have power, and it shall be their duty before allowing the registration of any person, to ascertain, upon such facts or information as they can obtain, whether such person is entitled to be registered under said act; and 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 he is entitled thereto; and such board shall also have power to examine under oath (to be administered by any member of such board) any one touching the qualification of any person claiming registration.

Sec. 6. And be it further enacted, That the true intent and meaning of the oath prescribed in said supplementary act is (among other things) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and who has afterward engaged in insurrection or rebellion against 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 officer in any State” in said oath mentioned shall be construed to include all civil offices created by law for the administration of the general laws of a State.

Sec. 7. And be it further enacted, That the time for completing the original registration provided for in said act may, in the discretion 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, commencing twenty days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of three days, the registration lists, and upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications required by said act who have not been already registered; and no person shall at any time be entitled to be registered or to vote by reason of any executive pardon or amnesty for any act or thing which, without such pardon or amnesty, would disqualify him from registration or voting.

Sec. 8. And be it further enacted, That section four of said last-named act shall be construed to authorize the commanding general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appoint another in his stead, and to fill any vacancy in such board.

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