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 14309: 1866-05-28 12:00:00

Mr. Stevens introduces H. R. 623

Document View:

H. R. 623

Shown with amendment 'H. R. 623: Mr. Stevens' Substitute ' (e900092)

There are 2 proposed amendments related to this document on which decisions have not been taken.
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A BILL

To enable the States lately in rebellion to regain their privileges in the Union.

Whereas the eleven States which lately formed the government called the "Confederate States of America," have forfeited all their rights under the Constitution, and can be reinstated in the same only through the action of Congress: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the eleven States lately in rebellion may form valid State governments in the following manner:

SEC. 2. And be it further enacted, That the State government now existing de facto, though illegally formed in the midst of martial law, and in many instances the constitutions were adopted under duress, and not submitted to the ratification of the people, and therefore are not to be treated as free republics, yet they are hereby acknowledged as valid governments for municipal purposes until the same shall be duly altered, and their legislative and executive officers shall be recognized as such.

SEC. 3. And be it further enacted, That whenever the Presidentlegislatures of the Unitesaid States shall deem it proper, he senact thall issue his proclamation directing conventions toshall be called to form legitimate State governments by the formation and adoption of State constitutions for the resp, the governor, or chief executive States. Heofficer shall direct an election to be held on a day certain day, to choose delegates to a convention, whicho shall meet at the time fixed by him at the capital of the Stlegislature and form a State constitution, which shall be submitted to a vote of the people, and if ratified by a majority of the legal voters shall be declared to be the constitution of the State.

SEC. 4. And be it further enacted, That the persons who shall be entitled to vote at both of said elections shall be as follows: All male citizens above the age of twenty-one years, who have resided one year in said State, andor ten days within the election district.

SEC. 5. And be it further enacted, That the word citizen, as used in this act, shall be construed to mean all persons (except Indians not taxed) born or duly naturalized in the United States, or duly naturalized. Any male citizen above the age of twenty-one years shall be competent to be elected to act as delegate to said convention.

SEC. 6. And be it further enacted, That all persons who held office, either civil or military, under the government called the "Confederate States of America," or who voluntarily swore allegiance to said government, are hereby declared to have forfeited their citizenship and to have renounced allegiance to the United States, and shall not be entitled to exercise the elective franchise until threfive years after they shall have filed their intention or desire to be reinvested with the rights of citizenship, and shall swear allegiance to the United States and renounce allegiance to all other governments or pretended governments; the said application to be filed and oath taken in the same courts that by law are authorized to naturalize foreigners.

SEC. 7. And be it further enacted, That no constitution shall be presented to or acted on by Congress which denies to any citizen any rights, privileges, or immunities which are granted to any other citizen in the State. All laws shall be impartial, without regard to language, race, or former condition. If the provisions of this section should ever be altered, repealed, expunged, or in any way abrogated or disregarded by any State, this act shall become void as tond said State, and the State shall lose its right to be represented in Congress. The judges of elections to be held under this act shall be appointed by provisional governors; and all governors of the States lately in rebellion shall be deemed provisional governors for the purposes of this act.

SEC. 8. And be it further enacted, That whenever the foregoing conditions shall be complied with, the citizens of said State may present said constitution to Congress, and if the same shall be approved by Congress said State shall be declared entitled to the rights, privileges, and immunities, and be subject to all the obligations and liabilities of a State within the Union. No senator or representative shall be admitted into either house of Congress until Congress shall have declared the State entitled thereto.

Whereas the State of Tennessee has returned to her allegiance to the United States, and, by a regular convention of her citizens, has framed a constitution, which, on being submitted to the people, has been duly ratified; and which, though not fully republican nor suited to the altered condition of her institutions, yet, as it contains many elements of just government: Therefore,

Be it enacted, That the State of Tennessee may be admitted to representation in Congress; and her present senators and representatives, if found to be duly appointed, elected, and qualified may be admitted to seats on taking the required oath: Provided, That unless the said State of Tennessee shall, before the first day of January next, either by legislative or conventional provision, enfranchise all classes of her citizens, and extend the right of suffrage impartially to every class, and shall give to every person within her jurisdiction an equal standing in her courts of law and equity, both as suitors and witnesses, and shall ratify the amendment to the Constitution, article fourteen, proposed by this Congress, then the provisions of this act, so far as they relate to the State of Tennessee exclusively, shall cease and become null and void, and the said State shall no longer be represented in Congress.

Decisions yet to be taken

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