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

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Document introduced in:

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

The Joint Committee on Reconstruction reports H. R. 1143

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H. R. 1143

Shown with amendment 'None' (e901779)

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

A BILL

To establish an additional article of war for the more complete suppression of the insurrection against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following shall be, and is hereby, declared an additional article of war, governing all the land forces of the United, States:

First. The States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansalate Confederate s 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. Ift 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. 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 establish martial law in and over said district, or any subdivision therelocal of, as he shall find necessary for the complete suppression of violence and disorder; and 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 to the contrary notwithstanding; and may levy fines upon insurrectilate Confederateonary communities to compensate parties injured by their disorders; 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 States with the exercise of military authority under this article, shall be void and of no effect.

Fourth. 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. 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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