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 of the Thirty-Ninth Session of Congress
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The Joint Committee on Reconstruction reports H. R. 1143
A BILL
To establish an additional articlprovide of war for the more complete suppressionefficient government of the insurrection against the Unitedary States.
Be it enacted byWhereas the Senaprete and House of Represed State governmentatives of the Unilate so-called Confederated States of America Virginia, North Carolina, South Congress assembled, Thaarolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the following shall be,authority of Congress and without the sanction of the people; and is whereby, declared an addias said pretended governments afford no adequate protectional article of war, governing for life or property, but countenance and encourage lawlessness and crime; and whereas it is necessary that peace land good order should be enforces of the Unitedd in said so-called States until loyal and 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 ArkansaRepresentatives of the United States of America in Congress assembled, That said so-called 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. IEC. 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, and to declare athis end hestablish martial law in and over said district, or any subdivision therey allow 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 insurrectiso-called States to the contrary communities to compensate parties injured by their disordersnotwithstanding; 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, 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.