Quill
  1. Overview: United States Thirteenth Amendment 1863-65
  2. Full Record: United States Thirteenth Amendment 1863-65
  3. Committee:The House of Representatives
  4. Session: 1864-01-18 12:00:00
  5. Event type: CREATE_FROM

United States Thirteenth Amendment 1863-65

An amendment to the United States Constitution to abolish slavery introduced during the American Civil War.

The House of Representatives

The House of Representatives of the Thirty-Eighth Session of Congress

The Committee Secretary's View The Committee Secretary's View

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Document introduced in:

Session 8158: 1864-01-18 12:00:00

Mr. Dawson submits a Resolution on External Interference with Local Laws and Institutions, which is laid on the table; the House refuses Mr. Davis unanimous consent to report H. R. 244; Mr. Harding submits a Resolution on the Maintenance Inviolate of Domestic Institutions, which is referred to the Committee on Rebellious States.

Document View (with components):

H. R. 244

Shown with amendment 'H. R. 244: Notice of Mr. Stevens' Substitute' (e870713)

(Showing state at moment e736183)
There are 4 proposed amendments related to this document on which decisions have not been taken.

AN ACT[+e869266] BILL[-e869266]

To guarantee to certain States whose governments have been usurped or overthrown, a republican form of government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in [-e869266]addi[-e870713]ti[-e869266]o[-e870713]dec[+e869266]n[-e869266] [-e870713]to the [-e869266]conf[+e870713 -e869266]off[-e869266]icers of the Unit[-e870713]ed Stat[-e870713]es now autho[-e870713]s[+e869266]rized by l[-e870713]aw [-e870713]to [-e870713],[+e869266]be appointed for th[-e870713]e States whose government[-e870713]s are a pub[+e870713]usurped or overthrown by persons in rebel[-e870713]lion against the United States, the Pre[-e870713]a majority[+e869266]si[-e869266]d[-e870713]ent[-e869266] shall, by and with the advi[-e870713]ce[-e870713] and cons[-e870713]enemy, waging an unjust war[+e870713]t of the Senate, appoint for each a provisional governor, whose pay and emolument shall not exceed that of a brigadier general of volunteers[-e870713], who [-e870713]shall b[-e870713]e charged with the civil adm[-e870713]injustic[+e870713]istration of such State until a State government therein shall be recognized as hereinafter provided. [-e870713]

[-e870713]

Sec. 2. And b[-e870713]e it further enacted, That [-e870713]so[-e870713] so glaring,[+e870713]on as the military resistance to[-e870713] the United St[-e870713]at they[+e870713]es shall[-e870713] have no right to claim[+e870713]been suppressed in any such State, and the people thereof shall have sufficiently returned to[-e870713] the mitiga[+e870713]ir obedience to the Constitu[-e870713]tion and the laws [-e870713]of the extrem[+e870713]United States, th[-e870713]e p[-e870713]rov[-e870713]isional [-e870713]governor s[-e870713]hall direc[-e870713]t the mar[-e870713]shal[-e870713] of wa[+e870713]the United States, as speedily as may be, to name a suf[-e870713],[+e869266]fici[-e869266]ent numbe[-e870713]r of deputi[-e870713]except offices merely ministerial and military offices below the grade of colonel, [+e869266]es, and to enroll all [-e870713]white male [-e870713]citizens of t[-e870713]he[-e870713] United St[-e870713]ates [-e870713]resident[-e870713] in the St[-e870713]ate in their respe[-e870713]ctive [-e870713]counties, and to [-e870713]request each one to take the oath to support the Constitution of the Unite[-e870713]d Stat[-e870713]es, an[-e870713]d by mo[+e870713]in his enr[-e870713]. A[+e869266]olment to [-e870713]designate those who take and those who refuse to take that oa[-e870713];[+e869266]th, which rolls shall be forthwith retu[-e870713]rn usage[+e870713]ed to the provisional governor; and if[-e870713] the pers[-e870713]ons[-e870713] t[-e870713]aki[-e870713]ng[-e870713] that oath shall amount to one-t[-e870713]ent[-e870713]a majorityenroll[+e869266]h [-e870713]s afo[+e869266]of[-e870713] t[-e869266]h[-e870713]e persons enrolled in the State, and in each of the respective counties entitled to elect a [-e870713]majorit[-e870713]y who has a right[+e870713]of the convention hereinafter provided for, he shall, by proclamation, invite the loyal people of the[-e870713];[+e869266] State to elect delegates[-e870713] to a [-e870713]consi[+e870713]vention charged to [-e870713]decla[-e870713]re[-e870713] the will of the people of the St[-e870713]ate [-e870713]relative to[-e870713] the re-est[-e870713]ablishment[-e870713] of a State government, sub[-e870713]ject to and in conformity with the Constit[-e870713]us[+e870713]tion[-e870713] of the U[-e870713]nit[-e870713]ed States[-e870713].

Sec. 2[+e870713]3[-e870713]. And be it further enacted, That the co[-e870713]nventi[-e870713]on shall consist of as many memb[-e870713]ers as both houses[-e870713] of the last constitutional [-e870713]States which, by a reg[+e870713] legislature, apportioned by the provisional governor among the counties, parishes, or districts of the State, in proportion to the white pop[-e870713]ulation [-e870713]returned as e[-e870713]ly r[+e870713]ect[-e870713]orded majority[+e870713]s, by the marshal, in compliance with the provisions[-e870713] of i[+e870713]thi[-e870713]s citizens has s[+e870713]act. The provisional governor shall by proclamation, decla[-e870713], except offices merely ministerial and military offices below the grade of colonel[+e869266]re the number of delegates to be el[-e870713]ect[-e870713]eded, and joined[+e870713] by each country, parish, or election district; name a day of election not less than thirty days[-e870713] thereafter;[-e870713] de[-e870713]signate the places of voting in each c[-e870713]outhern[+e870713]nty, parish, or district,[-e870713] confederacy[+e870713]orming, as nearly as may be convenient[-e870713], to the pla[-e870713]ces used in the St[-e870713]ate electio[-e870713]n next preceding the re[-e870713]bellion; appoint one or more[-e870713] commissio[-e870713]ner[-e870713]s to hold the election at each place of voting, and prov[-e870713]idered a[+e870713] an adequate force to keep the peace during the election. [-e870713]

[-e870713]

Sec. 4. A[-e870713]nd be i[-e870713]t fu[-e870713]rther [-e870713]en[-e870713]ac[-e870713]ted,[-e870713] Th[-e870713]at the delegate[-e870713]s shall be elected by the loyal [-e870713]white male c[-e870713]ith[+e870713]ize[-e870713]ns of[-e870713] the Union, so as to allow[+e870713]ted States of the age of twenty-one years, and resident at[-e870713] the ti[-e870713]me in the county, parish[-e870713], or any part or p[+e870713]district in which they shall offer to vote, and enrolled as aforesaid, [-e870713]or absen[-e870713]t [-e870713]io[+e870713]n the military service [-e870713]of them, to be repr[+e870713] United States, and who shall take and subscribe the oath of allegiance to the United Stat[-e870713]es in th[-e870713]e form co[-e870713]ntain[-e870713]ed in the act of [-e870713]Congress of July two[-e870713], eighteen hundred and sixty-tw[-e870713]o; and all such citizens of the United States, who a[-e870713]re in[-e870713] the military service [-e870713]of[-e870713] tak[+e870713]he United States, shall vote at the headquarters of their respectiv[-e870713]e comm[-e870713]ands, under such regulations as ma[-e870713]y be[-e870713] prescribed by the provision[-e870713]al gove[-e870713]rnor for [-e870713]the[-e870713] tak[-e870713]ing and return of[-e870713] their votes; but no[-e870713] political government of[+e870713]erson who has held or exercised any office, civil or military, State or confederate, under the rebel usurpation, or who has voluntarily borne arms against[-e870713] the United States, shall vote or be eligible to be elected as delegate at such electi[-e870713]on.

Sec. 3[+e870713]5[-e870713]. And be it further enacted, That the sa[-e870713]id commissio[-e870713]ners, or either of them,[-e870713] shall hold the election in conformity with this act, and, so far as may be consistent therewith, sh[-e870713]all proceed [-e870713]in the manner used in the State prior to the rebellion. The oath of alle[-e870713]giance [-e870713]shall be[-e870713] taken and subscribed [-e870713]on the poll-book by every voter in the form[-e870713] amen[+e870713]bove prescribed, but every person known by or prove[-e870713]d to t[-e870713]he C[+e870713]commissi[-e870713]oner[-e870713]s [-e870713]to have held or exercised any office, civil or mil[-e870713]itary, State or confederate, [-e870713]under the rebel usurpa[-e870713]tion,[-e870713] of[+e870713]r to have voluntarily borne arms against[-e870713] the United States,[-e870713] shall be excluded though he offer to take the oath; a[-e870713]nd in case any pers[-e870713]on who shall hav[-e870713]e of[+e870713]borne arms against[-e870713] the United[-e870713] States shall offer to vote, he shall be de[-e870713]embraced in t[+e870713]ed to have borne arms voluntarily unless [-e870713]he southern conf[+e870713]hall prove the contrary by the testimony of a qualifi[-e870713]ed vot[-e870713]er. The poll-book showing the name and oath of e[-e870713]acy can[+e870713]h voter shall[-e870713] be permitt[+e870713]return[-e870713]ed to participate, [+e870713]the provisional governor by the commissioners of election or the one acting, and the provisional gover[-e870713]nor shall [-e870713]canvass such returns, and declare the person having[-e870713] they be coun[+e870713] highest number of votes elected. [-e870713]

[-e870713]

Sec. 6. And be it further enac[-e870713]ted,[-e870713] That the provisional governor shall, by procl[-e870713]amati[-e870713]ong[+e870713], convene[-e870713] the St[+e870713]deleg[-e870713]ates n[+e870713]el[-e870713]ect[-e870713]ed a[-e870713]s afore[-e870713]sary to form[+e870713]id, at the capital of the State, on a day not more than three months[-e870713] after[-e870713] the ele[-e870713]cti[-e870713]on, giving at lea[-e870713]stitu[+e870713] thirty days' no[-e870713]tice [-e870713]of such day. I[-e870713]n case the said capit[-e870713]al majority to adopt[+e870713]shall in his judgment be unfit, he shall in his proclamation appoint another place. He[-e870713] sh[-e870713]all pres[-e870713]id amendments;[+e870713]e over the deliberations of the convention,[-e870713] and adminis[-e870713]ter to eac[-e870713]h deleg[-e870713]at whenever any amendments[+e870713]e, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed. [-e870713]

[-e870713]

Sec. 7. And be it further enacted, That the convention[-e870713] shall declare, on [-e870713]behalf[-e870713] of the people of the State, thei[-e870713]r submission to the Constitution [-e870713]and laws of [-e870713]the Un[-e870713]ited States, and shall adopt the [-e870713]follow[-e870713]ing provisions, hereby prescrib[-e870713]ed by three-four[+e870713]e United States in the execution of the constitutional duty to guarantee a republican form of government to every State in [-e870713]thi[-e870713]s of[+e870713]Union and incorporate[-e870713] them[-e870713] i[-e870713]n the constituti[-e870713]on-seceding[+e870713] of the State, that is to say: [-e870713]

[-e870713]

First. No person who has held or exercised any office, civil or military,[-e870713] States[+e870713] or confederate[-e870713], under [-e870713]they[+e870713] usurping power,[-e870713] shall vote for or [-e870713]be taken and adjudg[+e870713]a member of the legislature or governor. [-e870713]

[-e870713]

Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guarante[-e870713]ed in said S[-e870713]tate. [-e870713]

[-e870713]

Third. N[-e870713]o de[-e870713]bt, Stat[-e870713]e a part of[+e870713]or confederate, created by or under[-e870713] the Constitution[+e870713]sanction of the usurping power, shall be recognized or paid by the State[-e870713].

Sec. 4[+e870713]8[-e870713]. And be it further enacted, That when th[-e870713]e con[-e870713]ver the federal forces[+e870713]ntion shall have adopted those provisions, it shall proceed to re-establish a republican form of government, and ordain a constitution containing those provisions, which, when adopted, the convention[-e870713] shall by ordinance provide for submitting to t[-e870713]he people of the St[-e870713]ate entitled to [-e870713]vot[-e870713]e under this law, at an ele[-e870713]cti[-e870713]onquer[+e870713] to be held in the manner prescrib[-e870713]ed by the act for the election of delegates; but at a time [-e870713]and possessed any por[+e870713]lace named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitu[-e870713]tion and form [-e870713]of Sta[-e870713]th[+e870713]e territory embraced within[+e870713]government, and the returns of said election shall be made to the provisional governor, who shall canvass the same in the presence of[-e870713] the e[-e870713]lectors, and [-e870713]if a [-e870713]major[-e870713]ity of the vote[-e870713]s of[+e870713]cast shall be for[-e870713] the confed[+e870713]stitution and form of government, he shall c[-e870713]ertify the s[-e870713]ame, wi[-e870713]th a copy thereof, to th[-e870713]e President of the United [-e870713]States, who, after obtaining [-e870713]the same[+e870713]assent of Congress,[-e870713] shall,[-e870713] by proclamation, recogniz[-e870713]e dee[+e870713]the govern[-e870713]ment so establishe[-e870713]d,[-e870713] and none ot[-e870713]her, as the constitutiona[-e870713]l government of the State, an[-e870713]d from [-e870713]the date [-e870713]of such recognition, and not[-e870713] before,[-e870713] sen[-e870713]ators[-e870713] and represen[-e870713]tativ[-e870713]es and electo[-e870713]rs fo[-e870713]r Pres[-e870713]iden[-e870713]t and Vice-President may be elected in such State, acc[-e870713]ory[+e870713]ding to the laws[-e870713] of the State and the [-e870713]United States. [-e870713]

[-e870713]

Sec. 9. And be it further enacted[-e870713], subject to[+e870713]That if the convention shall refuse to re-establish[-e870713] the sa[+e870713]State govern[-e870713]ment on the[-e870713] conditions afore[-e870713]said,[-e870713] o[+e870713]ther t[+e870713] provisional gov[-e870713]erno[-e870713]r shall declare [-e870713]itories; and Congress[+e870713] dissolved; but it shall be the duty of the President, whenever he[-e870713] shall make all needful ru[+e870713]have reason to believe that a sufficient number of the people of the State entitled to vote under this act, in number not [-e870713]less[-e870713] th[-e870713]an one-tenth of those who vote[-e870713]d at the p[-e870713]residential election of ei[-e870713]ghteen h[-e870713]undred and sixty, are wi[-e870713]lling to re-est[-e870713]ablish a State government on the condi[-e870713]tions afo[-e870713]resaid, to direct the [-e870713]provisional governor to order another el[-e870713]ectio[-e870713]n of dele[-e870713]gates[-e870713] to a convention for the purpo[-e870713]se [-e870713]and in the manner prescr[-e870713]ibed in this act, an[-e870713]d to proc[-e870713]eed in all [-e870713]respects as he[-e870713]reinbefore provided, e[-e870713]ither to dissolve the convention, [-e870713]or to cert[-e870713]ify the State government re-[-e870713]established by it to the President[-e870713].

Sec. 5[+e870713]10[-e870713]. And be it further enacted, That whenever the[+e870713], until the United States[-e870713] sh[-e870713]all have recogn[-e870713]ize[-e870713]d a republican form of Sta[-e870713]territory[+e870713] government, the provisional governor in each of said States[-e870713] shall be conquer[+e870713]see that this act, and the laws of the Unit[-e870713]ed States, [-e870713]and possessed[+e870713]the laws of the State in force when the State government was overthrown[-e870713] by the rebellion, are [-e870713]faithfully execut[-e870713]ederal troops, each [+e870713] within the State; but no law or usage whereby any person was heret[-e870713]ofore[-e870713] t[+e870713]he original S[+e870713]ld in involun[-e870713]tary servi[-e870713]tud[-e870713]es[+e870713] shall be deemed a separ[+e870713]recognized or enforced by any court or officer in such St[-e870713]ate, and[-e870713] th[-e870713]e laws fo[-e870713]r the t[-e870713]ritory[+e870713]al[-e870713] and punishm[-e870713]ent of wh[-e870713]ite persons sha[-e870713]ll [-e870713]exten[-e870713]d to a territorial governme[+e870713]ll persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoi[-e870713]nt similar to t[+e870713]uch officers provided for by the laws of the State w[-e870713]hen its[-e870713] government wa[-e870713]s overthrown as he may [-e870713]find necessary to[-e870713] the civil administrati[-e870713]on of [-e870713]ther[+e870713] Sta[-e870713]terr[+e870713], all which officers shall be ent[-e870713]itled t[-e870713]o [-e870713]rece[-e870713]iv[-e870713]es of[+e870713] the United[+e870713]fees and emoluments provided by the[-e870713] State laws for such officer[-e870713]s.

Sec. 6[+e870713]11[-e870713]. And be it further enacted, That until [-e870713]the following [+e870713]recognition of a State government as aforesaid, the provisional governor shall, un[-e870713]der such regulations as he may pre[-e870713]scribe, cause to be assesse[-e870713]d,[-e870713] levied, and collected, fo[-e870713]r the y[-e870713]eal estate, ly[+e870713]r eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such State to be levied dur[-e870713]ing and be[+e870713]the fiscal year preced[-e870713]ing wi[+e870713]the overthrow of the State government [-e870713]thereof, [-e870713]in the t[+e870713]mann[-e870713]er presc[-e870713]ribed by [-e870713]the laws [-e870713]of the State, as nea[-e870713]rl[-e870713]y conquered or[+e870713]as may be; and the officers appointed, as aforesaid, are vested[-e870713] wit[-e870713]h all powers of levy[-e870713]ing and collecting su[-e870713]ch may be conqu[+e870713]taxes, by distress or sale, as w[-e870713]ere veste[-e870713]d from[+e870713]in any officers or tribunal of[-e870713] the confederate Stat[+e870713]State government aforesaid for those purposes. The proceeds of such tax[-e870713]es,[+e870713] shall be deemed[+e870713]accounted for to the provisional governor,[-e870713] and be by[-e870713] hel[+e870713]im applie[-e870713]d to be public property,[+e870713]the expenses of the administration of[-e870713] the title[+e870713]laws in such State, subject[-e870713] to which[+e870713]the direction of the President, and the surplus[-e870713] shall be ves[+e870713]deposi[-e870713]ted in the treasury of the [-e870713]United States to the credit of such State[-e870713], to wit:[+e870713]be paid to the State upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States.[-e870713]

One[+e870713]Sec. 12[-e870713]. And be it further enacted, That a[-e870713]ll lands belonging to rebels who[+e870713]persons held to involuntary servitude or labor in the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity[-e870713] shall own plantati[+e870713]be forever free. And if any such pers[-e870713]ons or tracts[+e870713]heir posterity shall be restrained[-e870713] of land containing m[+e870713]iberty, under pretence of any claim to such service or lab[-e870713]or, th[-e870713]e courts of [-e870713]than one hundred acres[+e870713]e United States shall, on habeas corpus, discharge them[-e870713].

Two. All lands, tenement[+e870713]Sec. 13. And be it further enacted, That if any person declared free by this act, or any law of the United State[-e870713]s, or hous[+e870713]any proclamation of the President, be r[-e870713]estrained of liberty[-e870713], with intent to [-e870713]belonging[+e870713] held in or reduced[-e870713] to rebels, whose owner[+e870713]involuntary servitude or labor, the person convicted before a court of competent jurisdiction of such act[-e870713] shall be punished by fine [-e870713]of not le[-e870713]ss than fift[-e870713]een hundred dollar[-e870713]s, and be impri[-e870713]son[-e870713]ed not less than five n[-e870713]or entitled to property, real,[+e870713]more than twenty years. [-e870713]

[-e870713]

Sec. 14. And be it further enacted, That every[-e870713] person who sh[-e870713]al,[+e870713]l hereafter hold[-e870713] or mixed, of the value of[+e870713]exercise any office, civil or military, in[-e870713] the [-e870713]reb[-e870713]el[-e870713] thou[+e870713]service, St[-e870713]ate or co[-e870713]nfe[-e870713]derate, is hereby[-e870713] dollars or more[+e870713]eclared not to be a citizen of the United States[-e870713].

Decisions yet to be taken

  • H. R. 244 (introduced on 1864-01-18 12:00:00 - CREATE_FROM - e868895) [This document]
  • Motion to Reconsider (introduced on 1864-05-04 12:00:00 - PROCEDURE - e736178)
    • Motion to Lay the Motion to Reconsider on the Table (introduced on 1864-05-04 12:00:00 - PROCEDURE - e736183) [This moment shown]

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