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  1. Overview: United States Fourteenth Amendment & The Civil Rights Act of 1866
  2. Full Record: United States Fourteenth Amendment & The Civil Rights Act of 1866
  3. Committee:The House of Representatives
  4. Session: 1867-02-06 12:00:00
  5. Event type: CREATE_FROM

United States Fourteenth Amendment & The Civil Rights Act of 1866

An amendment to the Constitution of the United States that granted citizenship and equal rights, both civil and legal, to Black Americans, including those who had been emancipated by the thirteenth amendment.

The House of Representatives

The House of Representatives of the Thirty-Ninth Session of Congress

The Committee Secretary's View The Committee Secretary's View

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Document introduced in:

Session 8697: 1867-02-06 12:00:00

The Joint Committee on Reconstruction reports H. R. 1143

Document View:

H. R. 1143

Shown with amendment 'H. R. 1143: Mr. Kasson's Substitute ' (e901776)

There are 15 proposed amendments related to this document on which decisions have not been taken.
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A BILL

To establish an additional articlprovide of war for the more complete suppressionefficient government of the insurrection againstary States.

Whereas the Unitpretended States.

Be it enacted by governments of the Senlate and House of Represenso-called Confederate Statives of Virginia, Northe United States of America in Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of Congress assembled, Thand without the following shall be, and is herebsanction of the people; and whereas said pretended governments afford no adequate protection for life or property, but countenance and encourage lared an additional article of war, governwlessness and crime; and whereas it is necessary that peace and good order should be enforced ing said so-call theed States, until loyal and forces of the United, States:republican State governments can be legally established: Therefore,

First. TBe it enacted by the Stenate and House of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and ArkansalateRepresentatives of the United States of America in Congress assembled, That said late so-called Confederate States shall be divided into military districts and made subject to the military authority of the United States as hereinafter prescribed, and for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district.

Second. IfEC. 2. And be it further enacted, That it shall be the duty of the general of the army to assign to the command of each of said districts an officer of the aarmy, not below the rank of brigadier general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.

Third. ISEC. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid, whenever outrages to life, liberty, or property, are committed in his district, and the officers in fact appointed to administer civil law are either unwilling or unable to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, to declare and establto this end he martiy allow law in and over said district, or any subdivision therelocalocal civil tribunals to take jurisdiction of and to try offenders, as he shall for, when in his judgment it may be necessary for the complete suppressiontrial of violoffence and disorder; ands, he shall have power to organize military commissions or tribunals for that purpose, so far as the same are recognized by martial law, anything in the local constitution and laws tof the contrary notwithstanding; and may levy fines upon insurrectilate late so-called Confederateonary communiti States to the compensate parties injured by their disordersntrary notwithstanding; and all legislative or judicial proceedings or processes to prevent or control the proceedings of said military officers or tribunals, and all interference by other authorities than those of the United Statesaid pretended State governments with the exercise of military authority under this articlect, shall be void and of no effect.

FoSEC. 4. And be it furth. Cer enacted, That courts and judicial officers of the United States within said districts shall not issue writs of habeas corpus in behalf of persons in military custody, except in cases in which the person is held to answer only for a crime or crimes exclusively within the jurisdiction of the courts of the United States within said military districts, and indictable therein, or unless some commissioned officer on duty in the district wherein the person is detained shall indorse upon said petition a statement certifying, upon honor, that he has knowledge, or information, as to the cause and circumstancess of the alleged detention, and that he believes the same to be wrongful; and, further, that he believes that the indorsed petition is preferred in good faith, and in furtherance of justice, and not to hinder or delay the punishment of crime. All persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted.

Fifth. NSEC. 5. And be it further enacted, That no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions.

Sixth. Whenever martial law shall have been declared in any of said districts under the third clause of this article, the order establishing the same shall not be rescinded or revoked except upon the order of the general of the army, approved by the President.

Seventh. This article shall cease to have force and effect so soon as Congress shall declare the insurrection completely suppressed in any State, by admitting its representatives in Congress or otherwise.

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