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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 House of Representatives
  4. Session: 1867-02-06 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 House of Representatives

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

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Document introduced in:

Session 8697: 1867-02-06 12:00:00

The Joint Committee on Reconstruction reports H. R. 1143

Document View (with components):

H. R. 1143

Shown with amendment 'H. R. 1143: Mr. Bingham's Amendment' (e901723)

(Showing state at moment e736789)
There are 16 proposed amendments related to this document on which decisions have not been taken.

A BILL

To provide for the more efficient government of the insurrectionary States.

Whereas it is necessary that peace and good order should be enforced in the several[+e901723]the pretended State governments of the late so-called Confederate[-e901723] States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, lately in rebellion, un[+e901723] were set[-e901723],[+e899996] up without the authority of Congress and without the sanc[-e901723]tion of the peop[-e901723]le; and whereas[-e901723] said States resp[+e901723]pretended governments afford no adequate prot[-e901723]ectively shall be ful[+e901723]late [+e899996]ly restore[+e901723]Confederate [+e899996]d to their constitution[+e901723]on 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 loy[-e901723]al and [-e901723]relations to the United Stat[+e901723]publican State governments can be legally [-e901723]established[-e901723]: Therefore, [+e901723]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said so-callef[+e899996 -e899999]dve officers of [+e899996 -e899999] he army, each of whom[+e899996 -e899999]States shaof [+e899996 -e899999]ll bduty[+e899999]rank[+e899996 -e899999]e di[-e899996]the[+e899999]vide[-e899999]major[+e899996 -e899999]d into milita[-e899999]r br[+e899996 -e899999]igadier [+e899996] of [+e899999]general, [+e899996 -e899999]be, [+e899996]a[+e899996 -e899999]nd[+e899996]r[-e899996]my to assign[+e899999]y di[-e899999]y[+e899996 -e899999]str[-e899999]e hereby, [+e899996 -e899999]detailed[+e899996]icts and ma[-e899996]each of said[+e899999]de subject [-e899999]to the mith[+e899996]e several[+e899996 -e899999]litary auth[-e899999]o[-e899996]r offic[+e899999]ity of t[-e899999]s by thi[+e899996 -e899999]he [-e899999]ct crea[+e899996 -e899999]te[+e899996]d [+e899996 -e899999]and establis[+e899996], not below [+e899999]hed; and the [+e899996 -e899999]Ge[+e899996]n[+e899996 -e899999]Uni[-e899999]t[-e899996]e[-e899999]d[-e899996]r[+e899999] [-e899996]Sk of br[+e899999]t[-e899999]al[+e899996 -e899999]ates as here[-e899999] i[+e899996 -e899999]s [+e899996]h[+e899996 -e899999]e[+e899996]reby a[+e899996 -e899999]u[+e899996]thor[+e899996 -e899999]i[+e899996]z[+e899996 -e899999]ed[+e899996] [+e899996 -e899999]a[+e899996]nd requi[+e899996 -e899999]r[+e899996]ed to designate said officers and assign[+e899996 -e899999]inafter pres[-e899999]crim[+e899996]bs[+e899996]eve[+e899996 -e899999]ed[-e899999]lly to their respective co[+e899996 -e899999]mm[+e899996]a[+e899999]a[+e899996 -e899999]nd[+e899996]s. The G[+e899996 -e899999], and for that purpose [-e899999] of[+e899996 -e899999] the Army is hereby required[+e899996]Viu[+e899996]r[-e899996]gier the directio[+e899996]su[+e899999]n [+e899996 -e899999]of the Pre[+e899996]sident,[+e899996 -e899999]nia s[-e899999]hall constitute the first district; North Caea[+e899996]ro[-e899996]lina and Soso assigned [+e899996]uth 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 general of the army to assign to the command of each of said districts an officer of the regular army, not below the rank of brigadier general, and to detail a sufficient military forlocal [+e899996]ce 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 plate [+e899996]erson and Confederate[+e899996] property, to suppress insurrection, disorder, and violence, and to punish, or cause [-e899996]to be punished, all disturbers of the public peace and criminals, and to this end he may allow 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 laws of the so-called States to the contrary notwithexcept 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 [+e899996]standing; and all legislative or judicial proceedings, or processes to prevent or control the proceedings of said military tribunals, and all interference by said pretended State governments with the exercise of military authority under this act, shall be void and of no effect.

SEC. 4. And be it furth,[+e899996]er enacted, That courts and judicial officers of the United States shall not issue writs of habeas corpus in behalf of persons in military custody, unless some commissioned officer on duty in the district wherein the person is detained shall indorse upon said petition a statement certifying, upon honor, that he has knowledge, or information, as to the cause and circumstances of the alleged detention, and that he believes the same to be wrongful; and further, that he believes that the indorsed petition is preferred in good faith, and in furtherance of justice, and not to hinder or delay the punishment of crime. All persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted.

SEC. 5. And be it further enacted, That no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions.

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