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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 'None' (e901779)

(Showing state at moment e736764)
There are 18 proposed amendments related to this document on which decisions have not been taken.

A BILL

To establish an additional articl[+e901776]provid[-e901776]e of war [+e901776]for the more complete suppression[+e901776]efficient government[-e901776] of the insurrection against the United[+e901776]ary[-e901776] States.

Be it enacted by the Senate and House of Represen[+e901776]Whereas the pretended State governments of the late so-called Confederate S[-e901776]tativ[+e901776]es of Virginia, Nor[-e901776]the United States of America in[+e901776] Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of[-e901776] Congress assembled, That[+e901776]nd without the sanction of[-e901776] the following shall be, and is hereby, declared an[+e901776]people; and whereas said pretended governments afford no adequate protection for life or property, but countenance and encourage lawlessness[-e901776] an[-e901776]d crime; an[-e901776]d whereas [-e901776]itional article of war, governing all the l[+e901776] is necessary that peace and good order should be enforced in said so-called States until loyal [-e901776]and forces of the United States:[+e901776]republican State governments can be legally established: Therefore,[-e901776]

First. T[+e901776]Be it enacted by t[-e901776]he St[+e901776]en[-e901776]ate and Hou[-e901776]se[-e901776] of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansa[+e901776]Representatives of the United States of America in Congress assembled, That said so-called State[-e901776]s 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,[+e901776] and Florida the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district.

Second. I[+e901776]EC. 2. And be it further enacted, That i[-e901776]t shall be the duty of the general of the army to assign to the command of each of said districts an officer of the r[-e899979]a[+e901776]egular [-e899979]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 assigThird. It shall[+e901776]ned. [-e901776]

[-e901776]

SEC[-e901776]. 3.the duty of each officer assigned as aforesaid, whenever outrages to life, liberty, or property, are committed in his district, and the[+e901776] And be it further enacted, That it shall be the duty[-e901776] of eachs in fact appointed to administer civil law are either unwilling or unable[+e901776] officer assigned as a[-e901776]foresaid 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 crimina[-e901776]ls,declare a[+e901776] and t[-e901776]o th[-e901776]istablish[+e901776]s ertial law in and over said district, or any subdivision there[+e901776]nd he may allow civil tribunals to take jurisdiction of and[-e901776] to try o[-e901776]ffas he shall f[+e901776]enders, o[-e901776]r, when i[-e901776]n his judgment i[-e901776]t may be necessary complete suppression[+e901776]for t[-e901776]he tviol[+e901776]ria[-e901776]l ce and disor[+e901776]of ; and[+e901776]of[-e901776]fenders, he shall have power to organize military commissions or tribunals for that pso far as the same are recognized by martial law, [+e901776]urpose, anythin local[+e901776]g in the constitution at[+e901776]nd[-e901776] lawscontrary notwithstanding; and may levy fines upon insurrecti[+e901776] of the so-called States [-e901776]to t[-e901776]he ccommunities to compensate parties injured by their disorders[+e901776]ontrary notwith[-e901776]standing; and all legislative or judicial proc[-e901776]eedings, or processes to prevent or control the proceedings of said mofficers or [+e901776]ilitary tribunals, and all interferother authorities than those of the United State[+e901776]ence by said pretended State go[-e901776]vernments with the exercise of military authority underticle[+e901776]r [-e901776]this act, shall be void and of no effFo[+e901776]ect. [-e901776]

[-e901776]

SEC. 4. And[-e901776] be . C[+e901776]it further enacted[-e901776], That courts and judicial officers of the Unitedwithin said districts [+e901776] 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 kn[-e901776]owledge, or info[-e901776]rmation, as to the cause and circus[+e901776]mstances 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 inflicFifth. N[+e901776]ted. [-e901776]

[-e901776]

SEC. 5. And be it further enacted[-e901776], 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 pro [+e901776]

[+e901776]

Sixth. Whenever martial law shall have been declared in any of said districts under the third clause of this article, the order establishing the same shall not be rescinded or revoked except upon the order of the general of the army, approved by the President. [+e901776]

[+e901776]

Seventh. This article shall cease to have force and effect so soon as Congress shall declare the insurrection completely suppressed in any State, by admitting its representatives in Congress or otherwise.[+e901776]visions.

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