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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: 1866-04-30 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 5539: 1866-04-30 12:00:00

The Joint Committee of Fifteen reports S. Res. 78, S. 292, and S. 293 to the Senate

Document View (with components):

S. 292

Shown with amendment 'None' (e899644)

(Showing state at moment e899699)
There are 5 proposed amendments related to this document on which decisions have not been taken.

A BILL

To provide for restoring to the States lately in insurrection their full political rights.

Whereas it is expedient that the States lately in insurrection should, at the earliest day consistent with the future peace and safety of the Union, be restored to full participation in all political rights; and whereas the Congress did, by joint resolution, propose for ratification to the legislatures of the several States, as an amendment to the Constitution of the United States, an article in the following words, to wit:

"ARTICLE —.

"SECTION 1. All persons (Indians not taxed excepted) born within the limits or under the jurisdiction of the United States, and all persons naturalized under its laws, are, and shall be, both citizens of the United States and citizens of the several States within which they reside, and n[+e899640]N[-e899640]o State shall make or enforce any law which shall abridge the privileges or immunities of such [+e899640]citizens of the United State[-e899640]s; nor shall any State deprive any person of life, liberty, or property, without due process of law; not[+e899640]r[-e899640] deny to any person within its jurisdiction the equal protection of the laws.

"SECTION 2. Representatives shall be apportioned among the several States,[-e899640] which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever, in any State, the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age.

"SECTION 3. Neither the[+e899640] United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor. [+e899640]

[+e899640]

"SECTION 4. The Congress shall have power to enforce by appropriate legislation the provisions of this article:" [+e899640]

[+e899640]

Now, therefore— [+e899640]

[+e899640]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That un[+e899640]til the fourth day of July, in the year one thousand eight hundred and seventy, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States.

"[-e899640]SEC. 2. And be [+e899640]TION 4. Ne[-e899640]it furt[+e899640]her enacted, That no person shall be eligible to any office under the government of [+e899640]the United States who is included in[+e899640]nor[-e899640] any of the fo[+e899640]State sha[-e899640]llowing[+e899640] cl[+e899640]asses, namely: [+e899640]

[+e899640]

First. The president and vice-president of the Confederate St[+e899640]ume or pay any debt or oblig[-e899640]ates of Amer[+e899640]ica, s[+e899640]on[-e899640] c[+e899640]alled, and the heads of departments thereof. [+e899640]

[+e899640]

Second. Those who in ot[+e899640]ready incurred, or which may [-e899640]her countri[+e899640]es [+e899640]acted as agents o[+e899640]f [+e899640]the Confed[+e899640]erate States of America, so called. [+e899640]

[+e899640]

Third. Heads[+e899640] be incurred, in aid[-e899640] of departments of the United States,[+e899640]insurrection[-e899640] office[+e899640]rs[+e899640] of the [+e899640]w[-e899640]army[+e899640] and navy of[+e899640]gainst[-e899640] the United States, and all persons educated at the military or naval academy of the United States, judges of the courts of the United States, and member[+e899640]or any claim for compensation for los[-e899640]s of either house of the thirty-sixth Congress of the United States, who gave aid[+e899640]involuntary service[-e899640] or comfort to the [+e899640]late rebellion[+e899640]bor[-e899640].

Fourth[+e899640]"SECTION 5[-e899640]. Thos[+e899640]e who acted as officers of the Confederate States of America, so called, above the grade of colonel i[+e899640]Congress shall have power to enforce by appropriate legislatio[-e899640]n the army or master in the navy; and any [+e899640]provisi[-e899640]one who, a[+e899640]s governor [+e899640]of ei[+e899640]ther of the so-called Confederate States, gave aid or comfort to the late rebellion.[+e899640]is article:" [-e899640]

[-e899640]

Now, therefore—[-e899640]

Fifth. Those who have tre[+e899640]Be it enacted by the Sen[-e899640]ate an[-e899640]d officers or soldiers or sailors of the army or navy[+e899640]House of Representatives[-e899640] of the United States, captured during the late war, otherwise than lawfully as prisoners of war. [+e899640]

[+e899640]

SEC. 3. And be it further enact[+e899640] of America in Congress assembl[-e899640]ed, That whenever the above-recited amendment shall have become part of the Constitution of the United States, and any State lately in insurrection shall have ratified the same, and shall have modified its constitution and laws in conformity therewith, and shall have consented by an ordinance irrevocable to [+e899640]the conditions of the first and second sections of this act, [+e899640]senators and representatives from such State, if found duly elected and qualified, may, after having taken the required oaths of office, be admitted into Congress as such.

SEC. 4[+e899640]2[-e899640]. And be it further enacted, That instead of t[+e899640]w[-e899640]he terms a[+e899640]nd conditions named in the first, second,[+e899640] and third sections of this act, the following alternative is hereb[+e899640]y submitted, viz: That each of said [+e899640]States whose people were[+e899640] lately in insurrection as aforesaid, [+e899640]shall be recognized as [+e899640]having fully and validly r[+e899640]esumed[+e899640] its fo[+e899640]rmer rel[+e899640]ations with this government, and its chosen representatives shall be admitt[+e899640]fi[-e899640]ed into [+e899640]the two houses of the national l[+e899640]for[-e899640]ego[-e899640]islature, a[+e899640]nd a [+e899640]general[+e899640] amnesty shall be proclaimed in regard[+e899640]endment[-e899640] to all persons in such S[+e899640]tate w[+e899640]ho wer[+e899640]e in any way connected with armed opposi[+e899640]Constitu[-e899640]tion to the government [+e899640]of the United States, and the[+e899640]y shall be wholly exonerated from all [+e899640]pains, penalties, test oaths, or o[+e899640]rt of [-e899640]ther[+e899640] disabilities to which they may have become liable by reason of their connexion with the rebellion, whenever said State shall have ratified[+e899640]rect tax under[-e899640] the said above-recited amendment to the Con[+e899640]act of Augu[-e899640]stitution[+e899640] o[+e899640]f the Un[+e899640]ited States, and shall ha[+e899640]ve modified its constitution and laws in conformity therewith, and shall also have extended the elective franchise by an[+e899640], eighteen hundred[-e899640] ame[+e899640]ndment to its constitution and laws to all classes of citizens without discrimination because of race, color, or previous conditio[+e899640] sixty-one, which may remai[-e899640]n of servitu[+e899640]de [+e899640]upon th[+e899640]e same terms[+e899640] and conditions: Prov[+e899640]unpa[-e899640]ided, That[+e899640] in case any[+e899640]such[-e899640] State shall impos[+e899640], may b[-e899640]e other restrictive qu[+e899640]alification[+e899640]s on [+e899640]suffrage than such as[+e899640]med[-e899640] are fou[+e899640]nded upon race, color, or previous condition of servitude,[+e899640] paid by[-e899640] such restrictions need not apply to persons now voters unless such State shall elect to make such qualifications applicable to all persons: And provided further, That no person shall be eligible to [+e899640]State; and the payment thereof, upon proper assur[-e899640]any offi[+e899640]ce under the government of the United[+e899640]s from such[-e899640] States who is included in any of[+e899640] to be given to[-e899640] the following classes, namely: [+e899640]

[+e899640]

First. The president and vice-president[+e899640]Secretary[-e899640] of the Confederate States of America, so called. [+e899640]

[+e899640]

Second. Heads of departments[+e899640]Treasury[-e899640] of the United States and members of the thirty-sixth C[+e899640], may be postp[-e899640]ongress of the Unit[+e899640]ed States who gave aid and com[+e899640]fort to the late rebellion. [+e899640]

[+e899640]

Third. Those who have treated officers or soldiers or sailo[+e899640] a period not exceeding ten yea[-e899640]rs o[+e899640]f the a[+e899640]ro[-e899640]my[+e899640] or n[+e899640]avy of the U[+e899640]nite[+e899640]d St[+e899640]af[-e899640]tes captu[+e899640]red during[+e899640] the late war otherwise[+e899640]passage of[-e899640] than lawfully as pr[+e899640]isoner[+e899640]s of war[+e899640]act[-e899640].

Decisions yet to be taken

  • S. 292 (introduced on 1866-04-30 12:00:00 - CREATE_FROM - e899546) [This document]
  • S. Res. 78 (introduced on 1866-04-30 12:00:00 - CREATE_FROM - e896842)
  • S. 293 (introduced on 1866-04-30 12:00:00 - CREATE_FROM - e899555)
    • Motion to Substitute S. 292 and S. 293 (introduced on 1866-05-14 12:00:00 - PROCEDURE - e899643)

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