Quill
  1. Overview: United States Thirteenth Amendment 1863-65
  2. Full Record: United States Thirteenth Amendment 1863-65
  3. Committee:The Senate
  4. Session: 1864-07-01 12:00:00
  5. Event type: CREATE_FROM

United States Thirteenth Amendment 1863-65

An amendment to the United States Constitution to abolish slavery introduced during the American Civil War.

The Senate

The Senate of the Thirty-Eighth 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 8315: 1864-07-01 12:00:00

The Senate debate the order of business; H. R. 244 is reported from Committee of the Whole with amendments; it is debated and amendments are proposed to it before it is finally passed.

Document View:

H. R. 244

Shown with amendment 'H. R. 244: Senate Committee of the Whole Amendment ' (e869550)

There are 0 proposed amendments related to this document on which decisions have not been taken.
Jump to change 1 Jump to change 2 Jump to change 3 Jump to change 4 Jump to change 5 Jump to change 6 Jump to change 7 Jump to change 8 Jump to change 9 Jump to change 10 Jump to change 11 Jump to change 12 Jump to change 13 Jump to change 14 Jump to change 15 Jump to change 16 Jump to change 17 Jump to change 18 Jump to change 19 Jump to change 20 Jump to change 21 Jump to change 22 Jump to change 23 Jump to change 24 Jump to change 25 Jump to change 26 Jump to change 27 Jump to change 28 Jump to change 29 Jump to change 30 Jump to change 31 Jump to change 32 Jump to change 33 Jump to change 34 Jump to change 35 Jump to change 36 Jump to change 37 Jump to change 38 Jump to change 39 Jump to change 40 Jump to change 41 Jump to change 42 Jump to change 43 Jump to change 44 Jump to change 45 Jump to change 46 Jump to change 47 Jump to change 48 Jump to change 49 Jump to change 50 Jump to change 51 Jump to change 52 Jump to change 53 Jump to change 54 Jump to change 55 Jump to change 56 Jump to change 57 Jump to change 58 Jump to change 59 Jump to change 60 Jump to change 61 Jump to change 62 Jump to change 63 Jump to change 64 Jump to change 65 Jump to change 66 Jump to change 67 Jump to change 68 Jump to change 69 Jump to change 70 Jump to change 71 Jump to change 72 Jump to change 73 Jump to change 74 Jump to change 75 Jump to change 76 Jump to change 77 Jump to change 78 Jump to change 79 Jump to change 80 Jump to change 81 Jump to change 82 Jump to change 83 Jump to change 84 Jump to change 85 Jump to change 86 Jump to change 87 Jump to change 88 Jump to change 89 Jump to change 90 Jump to change 91 Jump to change 92 Jump to change 93 Jump to change 94 Jump to change 95 Jump to change 96 Jump to change 97 Jump to change 98 Jump to change 99 Jump to change 100 Jump to change 101 Jump to change 102 Jump to change 103 Jump to change 104 Jump to change 105 Jump to change 106 Jump to change 107 Jump to change 108 Jump to change 109 Jump to change 110 Jump to change 111 Jump to change 112 Jump to change 113 Jump to change 114 Jump to change 115 Jump to change 116 Jump to change 117 Jump to change 118 Jump to change 119 Jump to change 120 Jump to change 121 Jump to change 122 Jump to change 123 Jump to change 124 Jump to change 125 Jump to change 126 Jump to change 127 Jump to change 128 Jump to change 129 Jump to change 130 Jump to change 131 Jump to change 132 Jump to change 133 Jump to change 134 Jump to change 135 Jump to change 136 Jump to change 137 Jump to change 138 Jump to change 139 Jump to change 140 Jump to change 141 Jump to change 142 Jump to change 143 Jump to change 144 Jump to change 145 Jump to change 146 Jump to change 147 Jump to change 148 Jump to change 149 Jump to change 150 Jump to change 151 Jump to change 152 Jump to change 153 Jump to change 154 Jump to change 155 Jump to change 156 Jump to change 157 Jump to change 158 Jump to change 159 Jump to change 160 Jump to change 161 Jump to change 162 Jump to change 163 Jump to change 164 Jump to change 165 Jump to change 166 Jump to change 167 Jump to change 168 Jump to change 169 Jump to change 170 Jump to change 171 Jump to change 172 Jump to change 173 Jump to change 174 Jump to change 175 Jump to change 176 Jump to change 177 Jump to change 178 Jump to change 179 Jump to change 180 Jump to change 181 Jump to change 182 Jump to change 183 Jump to change 184 Jump to change 185 Jump to change 186 Jump to change 187 Jump to change 188 Jump to change 189 Jump to change 190 Jump to change 191 Jump to change 192 Jump to change 193 Jump to change 194 Jump to change 195 Jump to change 196 Jump to change 197 Jump to change 198 Jump to change 199 Jump to change 200 Jump to change 201 Jump to change 202 Jump to change 203 Jump to change 204 Jump to change 205 Jump to change 206 Jump to change 207 Jump to change 208 Jump to change 209 Jump to change 210 Jump to change 211 Jump to change 212 Jump to change 213 Jump to change 214 Jump to change 215 Jump to change 216 Jump to change 217 Jump to change 218 Jump to change 219 Jump to change 220 Jump to change 221 Jump to change 222 Jump to change 223 Jump to change 224 Jump to change 225 Jump to change 226 Jump to change 227 Jump to change 228 Jump to change 229 Jump to change 230 Jump to change 231 Jump to change 232 Jump to change 233 Jump to change 234 Jump to change 235 Jump to change 236 Jump to change 237 Jump to change 238 Jump to change 239 Jump to change 240 Jump to change 241 Jump to change 242 Jump to change 243 Jump to change 244 Jump to change 245 Jump to change 246 Jump to change 247 Jump to change 248 Jump to change 249 Jump to change 250 Jump to change 251 Jump to change 252 Jump to change 253 Jump to change 254 Jump to change 255 Jump to change 256 Jump to change 257 Jump to change 258 Jump to change 259 Jump to change 260 Jump to change 261 Jump to change 262 Jump to change 263 Jump to change 264 Jump to change 265 Jump to change 266 Jump to change 267 Jump to change 268 Jump to change 269 Jump to change 270 Jump to change 271 Jump to change 272 Jump to change 273 Jump to change 274 Jump to change 275 Jump to change 276 Jump to change 277 Jump to change 278 Jump to change 279 Jump to change 280 Jump to change 281 Jump to change 282 Jump to change 283 Jump to change 284 Jump to change 285 Jump to change 286 Jump to change 287 Jump to change 288 Jump to change 289 Jump to change 290 Jump to change 291 Jump to change 292 Jump to change 293 Jump to change 294 Jump to change 295 Jump to change 296 Jump to change 297 Jump to change 298 Jump to change 299 Jump to change 300 Jump to change 301 Jump to change 302 Jump to change 303 Jump to change 304 Jump to change 305 Jump to change 306 Jump to change 307 Jump to change 308 Jump to change 309 Jump to change 310 Jump to change 311 Jump to change 312 Jump to change 313 Jump to change 314 Jump to change 315 Jump to change 316 Jump to change 317 Jump to change 318 Jump to change 319 Jump to change 320 Jump to change 321 Jump to change 322 Jump to change 323 Jump to change 324 Jump to change 325 Jump to change 326 Jump to change 327 Jump to change 328 Jump to change 329 Jump to change 330 Jump to change 331 Jump to change 332 Jump to change 333 Jump to change 334 Jump to change 335 Jump to change 336 Jump to change 337 Jump to change 338 Jump to change 339 Jump to change 340 Jump to change 341 Jump to change 342 Jump to change 343 Jump to change 344 Jump to change 345 Jump to change 346 Jump to change 347 Jump to change 348 Jump to change 349 Jump to change 350 Jump to change 351 Jump to change 352 Jump to change 353 Jump to change 354 Jump to change 355 Jump to change 356 Jump to change 357 Jump to change 358 Jump to change 359 Jump to change 360 Jump to change 361 Jump to change 362 Jump to change 363 Jump to change 364 Jump to change 365 Jump to change 366 Jump to change 367 Jump to change 368 Jump to change 369 Jump to change 370 Jump to change 371 Jump to change 372 Jump to change 373 Jump to change 374 Jump to change 375 Jump to change 376 Jump to change 377 Jump to change 378 Jump to change 379 Jump to change 380 Jump to change 381 Jump to change 382 Jump to change 383 Jump to change 384 Jump to change 385 Jump to change 386 Jump to change 387 Jump to change 388 Jump to change 389 Jump to change 390 Jump to change 391 Jump to change 392 Jump to change 393 Jump to change 394 Jump to change 395 Jump to change 396 Jump to change 397 Jump to change 398 Jump to change 399 Jump to change 400 Jump to change 401 Jump to change 402 Jump to change 403 Jump to change 404 Jump to change 405 Jump to change 406 Jump to change 407 Jump to change 408 Jump to change 409 Jump to change 410 Jump to change 411 Jump to change 412 Jump to change 413 Jump to change 414 Jump to change 415 Jump to change 416 Jump to change 417 Jump to change 418 Jump to change 419 Jump to change 420 Jump to change 421 Jump to change 422 Jump to change 423 Jump to change 424 Jump to change 425 Jump to change 426 Jump to change 427 Jump to change 428 Jump to change 429 Jump to change 430

AN ACT

To guarantee to certain States whose governments have been usurped or overthrown, a republican form of government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the States declared in rebellion against the United States, the President shall, by and with the advice and consent of the Senate, appoint for each a provisional governor, whose pay and emoluments shall not exceed that of a brigadier general of volunteers, who shall be charged with the civil administration of such State, until a State government therein shall be recognized as hereinafter provided.

Sec. 2. And be it further enacted, That so soon as the military resistance to the United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enroll all white male citizens of the United States resident in the State in their respective counties, and to request each one to take the oath to support the Constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath shall amount to a majority of the persons enrolled in the State, he shall, by proclamation, invite the loyal people of the State to elect delegates to a convention charged to declare the will of the people of the State relative to the re-establishment of a State government, subject to and in conformity with the Constitution of the United States.

Sec. 3. And be it further enacted, That the convention shall consist of as many members as both houses of the last constitutional State legislature, apportioned by the provisional governor among the counties, parishes, or districts of the State, in proportion to the white population returned as electors, by the marshal, in compliance with the provisions of this act. The Presideprovisional governor shall by proclamation, declare the number of delegates to be elected by each country, parish, or election district; name a day of election not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming, as nearly as may be convenient, to the places used in the State election next preceding the rebellion; appoint one or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election.

Sec. 4. And be it further enacted, That the delegates shall be elected by the loyal white male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of Congress of July two, eighteen hundred and sixty-two; and all such citizens of the United States who are in the military service of the United States shall vote at the headquarters of their respective commands, under such regulations as may be prescribed by the provisional governor for the taking and "Areturn of their votes; but no person who has held or exercised any office, civil or military, State or confederate, under ther to provide rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligible to be elected as delegate at such election.

Sec. 5. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act, and, so far as may be consistent therewith, shall proceed in the manner used in the State prior to the rebellion. The oath of allegiance shall be taken and subscribed on the poll-book by every voter in the form above prescribed, but every person known by or proved to the commissioners to have held or exercised any office, civil or military, State or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book showing the name and oath of each voter shall be returned to the provisional governor by the commissioners of election or the one acting," and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected July 13, 1861.

Sec. 6. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the State, on a day not more than three months after the election, giving at least thirty days' notice of such day. In case the said capital shall in his judgment be unfit, and arhe shall in his proclamation appoint another place. He shall preside overeby decla the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed.

Sec. 7. And be it further enacted, That the convention shall declare, on behalf of the people of the State, their submission to the Constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every State, and incorporate them in the constitution of the State, that is to say:

First. No person who has held or exercised any office, civil or military, except offices merely ministerial and military offices below the grade of colonelectors of President or Vice P, State or confederate, under the usurping power, shall vote for or be a member of the legislature or governor.

Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said State.

Third. No debt, State or confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the State.

Sec. 8. And be it further enacted, That when the convention shall have adopted those provisions, it shall proceed to re-establish a republican form of government, and ordain a constitution containing those Uniprovisions, which, when adopted, the convention shall by ordinance provide for submitting to the people of the State entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitution and form of State government. And the returns of said election shall be made to the provisional governor Re, who shall canvass the same in the presence of the electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of Congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the State; and from the date of such recognition, and not before, senators and representatives and electors for President and Vice-President may be elected in such State, according to the laws of the State and the United States.

Sec. 9. And be it further enacted, That if the convention shall refuse to re-establish the State government on the conditions aforesaid Stat, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the State entitled to vote under this act, in number not less than a majority of those enrolled as aforesaid, are willing to re-establish a State government on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as hereinbefore provided, either to dissolve the convention, or to certify the State government re-established by it to the President.

Sec. 10. And be it further enacted, That until the United States shall have recognized a republican form of State government, the provisional governor obedienin each of said States shall see that this act, and the laws of the United States, and the laws of the State in force when the State government was overthrown by the Govrebellion, are faithfully executed within the State; but no law or usage whereby any person was heretofore held in involuntary servitude shall be recognized or enforced by any court or officer in such State; and the laws for the trial and punishment of the Uniwhite persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the State when its government was overthrown as he may find necessary to the civil administration of the State, all which officers shall be entitled to receive the fees and emoluments provided by the State laws for such officers.

Sec. 11. And be it further enacted, That until the recognition of a State government as aforesaid, the provisional governor shall, under such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such State to be levied during the fiscal year preceding the overthrow of the State government thereof, in the manner prescribed by the laws of the State, as nearly as may be; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested byin any officers or tribunal of the State government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such State, subject to the direction of the President, and the surplus shall be deposited in the treasury of the United States to the credit of such State, to be paid to the State upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States.

Sec. 12. And be it further enacted, That all persons held to involuntary servitude or labor in the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of Cthe United States shall, on habeas corpus, discharge them.

Sec. 13. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not less than five nor more than twenty years.

Sec. 14. And be it further enacted, That every person who shall hereafter hold oriz exercise any office, civil or military, except offices merely ministerial and military offices below the grade of colonel, in the samerebel service, State or confederate, is hereby declared not to be a citizen of the United States.

Decisions yet to be taken

  • H. R. 244 (introduced on 1864-07-01 12:00:00 - CREATE_FROM - e869541) [This document]

Document Timeline

Other Actions

View text build components