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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. Banks' Substitute' (e901800)

(Showing state at moment e736777)
There are 16 proposed amendments related to this document on which decisions have not been taken.
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A BILL

To provide for the more efficient government of the insurrectionary States.

Whereas a form ofthe pretended State government has been organized in Louisiana, one of thof the late so-called Confederate States lately in rebellion, which government has never been recognized by Congress, and having failed to secure the rights of loyal citizens or protect the government against disloyal personof Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, can not now be recognizedd Arkansas were set up without peril to the public interest;authority of Congress and whereasithout the condisanction of the country imperatively demands the earliest restoration to the Union of this and other insurgople; and whereas said pretended government States; and whereas there is just reason to believe that, with suchfford no adequate protection as the general government may rightfully extend to the loyal people of Louisiana, they will be able to for life or property, but countenance and encourage lawlessnestablish and maintain for themselves that equalcrime; and whereas ity of rights necessaffirmed by the Declaration of Independenace, and guaranteeood order should by the Constitution to all the people of the Unitedenforced in said so-called States until loyal and republican States forever governments can be legally established: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission of three members, one member of which shsaid so-call be designated by the Senate, one by the House of Representatives, and an officer of the army, to shall be designated by the head of the Department of War, ivided into military dis hereby authorizedcts and mappointed, whose duty it shall be to proceed withousubject delay to the State of Louisiana, and to militake such measures as may be necessary to replace political organizations now existing, and to re-establish civil govauthority of the United States as hernment in a republican form upon the basis herein specified.

SEC. 2. And be it furtheafter prescribed, and for enacted, That the said commissionpurpose Virginia shall, without delay, in such manner as may be deemed expedient, cause a register of all loyal male citizens, twenty-one years of age and upwards, withou constitute the first distrinction of race, color, or former condition of slavery, who have heretofore enjoyed the right of suffrage, who have served ; North Carolin the army or navy of the United States, who possess real or persoouth Carolinal estate of the avalue of secone hundred dollars, who contribute or who may be able to contribute by payment of taxes to the support of government, or who cistrict; Georgia, Alabama an read Flor write, and all such citizens so registered shall be qualified to vote in any election held in pursuance of this act, or under any government that hereafter may be organized in Louisiana in pursuance of its provisions. And nothing in this act shall be construed to prohibitda the third district; Mississippi and Arkansas the extension of the right of suffrage by the legislature to other citizens than those herein described, district; and Louisiana and Texcept such as are excluded by the provisions of the third section of this afifth district.

SEC. 32. And be it further enacted, That no person who having previously taken an oait shall be the duty of th as a member of Congress, or as an officeral of the United States, or as a member of any State legislature, or as an executive or judicialarmy to assign to the command of each of said districts an officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion athe army, not below the rank of brigadinst the same, or given aid or comfort to the enemieseral, and thereof, (or who voted for any pretended act of secession,) in any convention of any State, shall be allowed to vote, or to hold anyail a sufficient military force to enable such office, civil or military, in any proceedings ur to perform his duties and enforce this act, uthor in any governmenty which may be framed and established in pursuance thereof. Buithin the district Congress may, by a vote of two-thirds of each House, remove suche disability assigned.

SEC. 43. And be it further enacted, That the said commissionersit shall have power, and are be thereby directed, to call an election of registuty of each officered and qualified voters, accordingssigned as aforesaid to the provisions of this act, not less thatect all persons in theirty days' notice being given thereof, und rights of per such regulations as may by them be deemed necessary and expedient, for the choice of delegates to a convenproperty, to suppress insurrection for the adoption of a constitution. The convention shall consist of the same number, disorder, and violence, and to punish, of members caus the most numerous branch of the lege punished, all dislaturbers of the State previous to its rebellion. It shall meet at such time as may be directed byc peace and criminals, and to the commissioners herein appointed, and shall have end he may allow civil the right to judge of the retbunals to take jurns, elections, and qualifications of its members.

SEC. 5. Aand be ito furthery offenacted, That all persons, or, who aren registered as voters under this act, and all persons whojudgment it may be elected to office in accnecessary fordance withe its provisions, shall be required to take and subscribe the following oath:

"I do solemnly swear that I of offenders, he shall have never voluntarily borne arms apower to orgainst the United States since I have been a cze militizen thereof; that I have voluntarily given no aid, countenance, coummissionsel, or encouragement to persons engaged in armed hostility thereto;tribunals for that I have neither sought, nor accepted, nor attempted to exercisepurpose, anything in the functions of, any office whatever, under any atituthority or pretended authority in hostility tond laws of the Unitso-called States; that I have not yielded a voluntary support to ano the contrary pretended government, authority, power, or constitution within the United States, hostilhstanding; and all legislative or inimjudicial thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution ofproceedings, or processes to prevent or control the United States against all enemies, foreign anproceedings of said domestic; that I will beitary true faithibunals, and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, so help me God." And if elect interference by said pretended Sto office shall add the words following: "and that Igovernments will well and faithfully discharge the duties of the office on which I am about to enter, so help me God."

If the commanders, or the officers of registration appointed byexercise of military authority under them, in any parish or distri act, shall be satisfievoid that any person has falsely or fraudulently taken the oath herein prescribed, the name of such person shall be stricken from the registryd of no effect.

SEC. 64. And be it further enacted, That the convention, when duly organized, shall submit to its members the following propositions:

First. The questionurts and judicial officers of the United States shall not issue writs of the acceptance of this act as a basishabeas corpus in behalf of the restoration of civil government in Louisiana.

Second. The ratification and confirmation of thpersons in military custody, unless some constitutional amendment proposed to the legislatures ofmmissioned officer on duty in the several States by the thirty-ndistrict wherein th Congress. And if said peropositions are accepted and ratified,s the conventiondetained shall then proceed to form a State constitution, and the consindorse upon said petitution, when so formed, shall be submitated to the people qualified to votement certifying, uponder the provisions ofor, this act, at such time has the convention shall direct, and if ratified by a majority of legal voters it shall be submitted to the Congresknowledge, or information, as to the cause and circumstances of the United States, and if approvealleged detention, and the same shall be declared to beat he believes the constitution of the State of Louisisame to be wrongful; ana.

SEC. 8. And be it further, enacted, That the military commander ofbelieves that the district or department in which Louisianaindorsed petition is included is hprefereby authorized and directed whenever, in his judgment or the judgment of the commissioners, or of the convention, or upon the requestin good faith, and in furtherance of —— of loyal citizens, expressed in writing, it shall become necessary to protectjustice, and not to hinder or delay the public peace, or to maintain the rightsnishment of loyal citizens, or to carry into effect the objects of this act, to crime. All persons put undeclare martial law in said district, or anilitary part thereof, and to take such measures and to use such force as may be wist by virtue of thin his command as mayact shall be trequired to preserve the public peace; and all public officers or persons in authority, by whomsoever appointed, are hereby required to render to the said commissionerswithout unnecessary delay, and to officers elected in pursuance of orders given by them, such aid as may be required or necessary to secure the objects herein contemplano cruel or unusual punishment shall be inflicted.

SEC. 95. And be it further enacted, That all expeno ses attending said election, authorized and approved by thentence of any military commissioners, shall be paid by the United States, and shall be refunded to the treasury t or tribunal hereof by the State.

SEC. 10. And be it further enactorized, That a sum sufficient to carry this act into effect is hereby appropriated outecting the life or liberty of any money in the treasury not otherwise appropriated.

SEC. 11. Andperson, shall be it further enacted, That the mexecuted untilitary authorit ies approved hereby authorized and required, upoe officer in complaintmand of the said commissionerstrict, or of any officer appointed in pursuance of this act, d the laws and regulations for of the convention or itsgovernment officers, to arrest and punish, by fine or imprisonment, any person who shall be guilty of any offence against the public peacehe army shall not be affected by this act, except in so far as they conflict with its provisions.

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