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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

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

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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' (e901889)

There are 15 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 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,[+e899996] until loyal and republican State governments can be legally established: whereas it is expedient that the said 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: [+e901807]

[+e901807]

AR[+e901807]TICLE —. [+e901807]

[+e901807]

SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction t[+e901807]hereo[+e901807]f, are citizens [+e901807]of the United States and of the State whe[+e901807]rein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life[+e901807], liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. [+e901807]

[+e901807]

SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. [+e901807]

[+e901807]

SEC. 3. No person shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. [+e901807]

[+e901807]

SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. [+e901807]

[+e901807]

SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [+e901807]

[+e901807]

Now, therefore—[+e901807]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when[+e901807]ever[+e901807 -e901888] the [+e901807]constitutional amendment propos[+e901888]above-recit[+e901807 -e901888]ed a[+e901807]s article fourteen by the Thirty-Ni[+e901888]mendme[+e901807 -e901888]nt[+e901807]h Congress[+e901888] shall have become[+e901807] a[+e901888] part of the Constitution of the United States[+e901807];[+e901888],[+e901807 -e901888] and[+e901807] when[+e901888] any [+e901807]one of the[+e901888]State aforesaid[+e901807 -e901888] late[+e901807] so-called confederate States[+e901888]ly in insurrection[+e901807 -e901888] shall have [+e901807]given its assent to[+e901888]ratified[+e901807 -e901888] the same[+e901807],[+e901807 -e901888] and [+e901807]conform[+e901888]shall have modifi[+e901807 -e901888]ed its constitution and laws [+e901807]in conformity [+e901807 -e901888]there[+e901807]to in [+e901888]with, and sh[+e901807 -e901888]all [+e901807]have p[+e901807 -e901888]res[+e901807]pects; and when it shall have provided by its c[+e901888]ented to Congress a constitution of government republican in form and not inconsistent with the C[+e901807 -e901888]onstitution [+e901807]that[+e901888]and laws of[+e901807 -e901888] the [+e901807]elective franchise[+e901888]United States, and which[+e901807 -e901888] shall [+e901807]be enjoyed[+e901888]secure[+e901807 -e901888] equal[+e901807]ly[+e901888] and impartial[+e901807]ly by[+e901888] suffrage to[+e901807 -e901888] [+e901807]all [+e901884]the [+e901807 -e901888]male citizens of the United States[+e901807],[+e901807 -e901884] twenty-one years [+e901807]ld and upward[+e901888]of age, resident there[+e901807 -e901888]in, withou[+e901807]regard to[+e901888]t distinction [+e901807 -e901888]of ra[+e901807], color,[+e901888]ce o[+e901807]previous [+e901888]r [+e901807]ndition of servitude[+e901888]col[+e901807 -e901888]or, [+e901807]except such as may be disfranchise[+e901884]for[+e901888]d by reason [+e901884 -e901888]of participa[+e901884]t[+e901884 -e901888]i[+e901884]g[+e901888]on i[+e901884]the late [+e901888]n rebelli[+e901884],[+e901888]on or for felony at common l[+e901884];[+e901888]a[+e901884 -e901888]w, [+e901884]and [+e901807]en said[+e901888]whi[+e901807 -e901888]ch [+e901807]constitution [+e901884]shall have bee[+e901807]submitted to[+e901888]n approve[+e901807 -e901888]d [+e901884 -e901888]by th[+e901884]voters of said State, as thus de[+e901888]e qua[+e901884 -e901888]li[+e901884]n[+e901888]fi[+e901884], for ratification or rejection; and when the constitution, if ratified by the popular vote, shall have been submitted to[+e901888]ed voters thereof as aforesaid an[+e901884 -e901888]d [+e901807 -e901888]by Congre[+e901807] for examination[+e901888]ss, the senato[+e901807 -e901888]rs an[+e901807]approval, said[+e901888]d representatives from su[+e901807 -e901888]ch Sta[+e901807] shall[+e901888]te, i[+e901807]its constitution be approved by Congress, be declared entitled to representation in Congress, and senators and representatives shall[+e901888]f found duly elected and qualified, may, after having taken the required oaths of offic[+e901807 -e901888]e, be admitte[+e901807]d [+e901807 -e901888]i[+e901807]herefr[+e901888]n[+e901807]m[+e901888]t[+e901807]o[+e901807 -e901888] C[+e901807] their taking the oath prescribed by law[+e901888]ongress as su[+e901807 -e901888]ch. [+e901807]

[+e901807]

SEC. 2. And be it further enacted, That when any State lately in insurrection as aforesaid shall have ratified the foregoing amendment to the Constitution, any part of the direct tax under the act of August five, eighteen hundred and sixty-one, which may remain due and unpaid in such State, may be assumed and paid by such State; and the payment thereof, upon proper assurances from such State to be given to the Secretary of the Treasury of the United States, may be postponed for a period not exceeding ten years from and after the passage of this act. [+e901807]

[+e901807]

SEC. 3. And be it further enacted, That until said so-called States shall be admitted to representation in Congress as herein provided, the [+e901807]said late [+e899996]so-called Confederate [+e899996]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. 4[+e901807]2[-e901807]. And be it further enacted, Thatf[+e899996 -e899999] ve officers of [+e899996 -e899999]ihe army, each of whom[+e899996 -e899999]t shall beof [+e899996 -e899999] theduty[+e899999]rank[+e899996 -e899999] dut[-e899996]the[+e899999]y of[-e899999]major[+e899996 -e899999] the general [-e899999]r br[+e899996 -e899999]igadier [+e899996] of [+e899999]general, [+e899996 -e899999]be, [+e899996]a[+e899996 -e899999]nd[+e899996]o[-e899996]my to assign[+e899999]f th[-e899999]y[+e899996 -e899999]e a[-e899999]e hereby, [+e899996 -e899999]detailed[+e899996]rmy to assi[-e899996]each of said[+e899999]gn to the c[-e899999]ommand ofth[+e899996]e several[+e899996 -e899999] each of sa[-e899999]i[-e899996]d offic[+e899999] distric[-e899999]s by thi[+e899996 -e899999]ts [-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]an [-e899999]o[-e899996]f[-e899999]f[-e899996]r[+e899999]i[-e899996]ck of br[+e899999]e[-e899999]al[+e899996 -e899999]r of the reg[-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]ular army, n[-e899999]ot m[+e899996]bs[+e899996]eve[+e899996 -e899999]el[-e899999]lly to their respective co[+e899996 -e899999]mm[+e899996]a[+e899999]a[+e899996 -e899999]nd[+e899996]s. The G[+e899996 -e899999]ow the rank of brigadie[-e899999] of[+e899996 -e899999] the Army is hereby required[+e899996]r u[+e899996]g[-e899996]ener the directio[+e899996]su[+e899999]n [+e899996 -e899999]of the Pre[+e899996]sident,[+e899996 -e899999]eral,[-e899999] and to detail a sufficient military force tea[+e899996]o [-e899996]enable suchso assigned [+e899996] officer to perform his duties and enforce his authority within the district to which he is assigned. 5[+e901807][-e901807]

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 local [+e899996]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 lalate [+e899996]ws of the Confederate[+e899996] so-called States to the contrary notwithstanding; and all legislative or judicial pr[-e899996]oceedings, 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. 6[+e901807][-e901807]

SEC. 4. And be it further enacted, That courts and judicial officers of the United States shall not issue writs of habeas corpus in behalf of persons in military cexcept 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, [+e901807]except 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]or [+e901807]ustody, 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 wr,[+e899996]ongful; 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. 7[+e901807][-e901807]

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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