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 provide for the more efficient government of the insurrectionary States.
Whereas a form ofthe pretended State government has been organized in Louisiana, one of ths of 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 themselvcrime; and whereas it is necessary that equality of rights affirmepeace and good order should by the Declaration of Independence, and guaranteed by the Constitution to all the people of the United, States foreverenforced in said so-called States, until loyal and republican State 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 shlate said late so-call be designated by the Confederate 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. Aafter prescribed, and be it furtheor enacted, That the said commissionpurpose Virginia shall, without delay, in such manner as may be deemed expedient, caus constitute a registher of all loyal male citizens, twenty-one years of age and upwards, without 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 Louida the third district; Misiana in pursuance of its provisions. And nothing in thisppi act shall be construed to prohibit the extension ofArkansas the right of suffrage by the legislature to other citizens than those herein described, fourth 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 oaof rankmajor as a mmber Congress, or asit shall be the duty offic the general of the United States, or as a member of any State legislature, or as an executive or judiciale hereby, detailedmy to assignsign 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 aarmy, not below the rank of brigadier genst th sameral, oiven aiand or comfort to the enemiesa thereof, (or who voted for any pretdetail a sufficiended act of secession,) in any convention of any State, shall be allowed to vote, or to hold anyeamilitary force to enable such office, civil or military, in any proceedingto perform his dutieso assigned ndenforce this act, or in any government which may be framed and established in pursuance thereof. Buuthority within the district Congress may, by a vote of two-thirds of each House, remove such disabilityhe is 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 officer assigned and qualified voters, accordings 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 of members as the most numerous branch of the leg, disorder, and violence, and to punish, or cause to be 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 sh end he may allow havelocal 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 of offenders, he swear that Ill have never voluntarily bpower to orne arms against the United States since I have been a citizen thereof; that I have volun militarily given no aid, countenance, coucommissionsel, 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 Unitlate so-called Confederate States; that I have not yielded a voluo the contrary support to any pretended government, authority, power, or constitution within the United States, hostilhstanding; and all legislative or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution ofjudicial proceedings or processes to prevent or control the Unitproceed States against all enemies, foreign and domestic; that I will begs of said military 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." A interference by said pretend if elected Sto office shall add the words following: "and that I willgovernments well and faithfully discharge the duties of the office on which I am about to enter, so help mexercise God."
If the commanders, or the officers of registration appointed bymilitary 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 governmentpersons in Louisiana.
Second. The ratification and confirmation of thmilitary 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 constitutional amendment proposed to the legislatures ofmmissioned officer on duty in the several States by the thirty-ndistrict wherein th Congress. And if said peroposition is 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 vote under the provisions ofment certifying, upon honor, 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 Statsame to be wrongful; Louisiana.
SEC. 8. And, be it further enacted, Tthat the military commander ofbelieves that the district or department in which Louisianaindorsed petition is included is hereby authorized and directpreferred whenever, in his judgment or the judgment of the commissioners, or of the convention, or upon good faith, and in furthe rancequest 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 may be required to preserve the public peace; and act shall public officers or persons in authority, by whomsoever appointed, are hereby required to render to the said commissionersbe tried without 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 expenses attending said election, authorized and approved bno sentence of any military the 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 until itary authorities approved hereby authorized and required, upoe officer in complaintmand of the said commissioners, or of any officer appointed in pursuance of this act, trict, and 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 againshe army shall not be affected by this act, except in so far as they conflict withe public peace its provisions.