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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 Senate
  4. Session: 1867-02-19 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 Senate

The Senate of the Thirty-Ninth Session of Congress

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Document introduced in:

Session 8773: 1867-02-19 12:00:00

The Senate receives a message from the House notifying the Senate that the House did not concur in the Senate amendments to H. R. 1143 and asking for a Committee of Conference

Document View:

H. R. 1143

Shown with amendment 'H. R. 1143: Mr. Sherman's Substitute' (e878875)

There are 0 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 the pretended State governments of the late so-called Confederate States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of Congress and without the sanction of the people; and whereas said pretended governments afford no adequate protection for life or property, but countenance and encourage lawlessness and crime; and whereas it is necessary that peace and good order should be enforced 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 said rebellate so-called Confederate 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.

SEC. 2. And be it further enacted, That it shall be the duty of the Presidgeneral of the army to assign to the command of each of said districts an officer of the army, 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.

SEC. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid 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 this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose;, anything in the constitution and all interference undelaws of the late so-called Confederate States to the contrary notwithstanding; and all legislative or judicial proceedings or processes to prevent or colorntrol the proceedings of State authoritysaid military tribunals, and all interference by said pretended State governments with the exercise of military authority under this act, shall be nullvoid and voidof no effect.

SEC. 4. And be it further enacted, That all persons put under military arrest by virtuecourts and judicial officers of this acte United States shall be triednot issue writhout unnecessary delay, and nos of habeas cruel or unusual punishment shall be inflicted; and no sentence of anypus in behalf of persons in military commission or tribunal hereby authorizedustody, affexcept ing the life or liberty of any cases in which the person, shall be executed until it is approved by the officer in command of the district, and is held to answer only for a crime or crimes exclusively within the laws and regulajurisdictions for of the governmentcourts of the army shall not be affected by thisUnited States within said military districts, and indict, except able therein, so far as they conflict with its proviunless some commissions.

SEC. 5. And be it further enacted, Thaed officer on duty in the district wherein the people of any one of said rebel Statesrson is detained shall have formed a cindorse upon said petitution of governa statement in conformity with the Constitution of the United States in all respectscertifying, upon honor, that he has knowledge, or inforamed by a convention, of delegates elected byto the male citizencause and circumstances of said State twenty-one years oldthe alleged detention, and upward, of whatever race, color, or previous condition of servitude, whothat he believes the same to be wrongful; and, further, that have been resident in said Stlieves thate for one year previous to the day of such elecindorsed petition, except such as may be disfranchised for participation is preferred in good faith, and in furthe rebellion or for felony at common lawrance of justice, and when such constitution shall provide thatnot to hinder or delay the elective franchise shall be enjoyed by apunishment of crime. All such persons as have the qualifications heput under military arrein stated for electors by virtue of delegates,this and when such constitution shall be ratiftried by a majority of the persons voting on the question of ratification who are qualified as electors ofwithout unnecessary delegatesay, and when such constitutionno cruel or unusual punishment shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said Sta inflicted.

SEC. 5. And be it further enacted, by a votThat no sentence of its legislature elected under said constitution, shany military commission or tribunall have adopted the amendment to the Constitution ofereby authorized, affecting the United States, proposed by the thirty-ninth Congress, and known as article fourlife or liberty of any person, shall be executeen, and when said article shall hauntil it is approved become a part of the Constitutiony the officer in command of the United States, saidistrict, and State shall be declared entitled to representws and regulation in Congress, and senators and representativess for the government of the army shall not be admitffected therefrom on their taking the oath prescribed by law, and then and thereafterby this act, except in so far as the preceding sections of this act shall be inoperative in said Statey conflict with its provisions.

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