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: 1864-12-20 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

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Document introduced in:

Session 3642: 1864-12-20 12:00:00

Reuben Fenton leaves the House of Representatives; More members join the House; H. R. 602 is reported back from the Committee on the Rebellious States with amendments; President's Annual Message is considered in the Committee of the Whole.

Document View (with components):

H. R. 602

Shown with amendment 'H. R. 602: Notice of Mr. Eliot's Substitute' (e902116)

(Showing state at moment e415898)
There are 14 proposed amendments related to this document on which decisions have not been taken.

A BILL

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 [-e902116]the States declared in rebellion agains[-e902116]t the United States, the President shall, by and with the advice and c[-e902116]onsent of the Senate, appoint for each a provisional governor, whose pay and emoluments shall not exceed that of a[-e902116] brigadi[-e902116]er[-e902116] general of volunteers, who shall be charged w[-e902116]ith the civil administratio[-e902116]n of such State, until a State government the[-e902116]rein shall [-e902116]be recognized as hereinafter provided. [-e902116]

[-e902116]

Sec. 2. And be it further enacted, That until the United States sha[-e902116]ll have recogn[-e902116]ized a republican f[-e902116]orm of State gover[-e902116]nment,[-e902116] the provision[-e902116]al [-e902116]governor in each of s[-e902116]ains[+e902116]d States shall see tha[-e902116]t this act, and the laws of th[-e902116]e United States, and wi[+e902116]the laws of [-e902116]the State [-e902116]in force [-e902116]when the State government was overthrown by the rebell[-e902116]ion, are faithfully exe[-e902116]cuted wit[-e902116]hin[-e902116] the St[-e902116]ate; b[-e902116]ut no law or usage w[-e902116]hereby any person was heretof[-e902116]ore held [-e902116]in involun[-e902116]tar[-e902116]y servitude shall be rec[-e902116]ognized or en[-e902116]forced by any court or officer in such State; and[-e902116] the C[+e902116]laws for the trial and punishment of white persons shall extend to all pers[-e902116]ons, and jurors shall have [-e902116]the qual[-e902116]ifica[-e902116]tions of voters [-e902116]under [-e902116]th[-e902116]is law for delegates to the c[-e902116]onvention.[-e902116] The President sh[-e902116]all appoi[-e902116]nt such officers provi[-e902116]ded for by the[-e902116] laws of the Un[+e902116]State when [-e902116]its gov[-e902116]ernment was overthrown as he may fin[-e902116]d necessary to the civil administration of the [-e902116]State, all which officer[-e902116]s s[-e902116]hall be entitled to receive the fee[-e902116]s and emoluments provided [-e902116]by th[-e902116]e Stat[-e902116]e laws for such officers. [-e902116]

[-e902116]

Sec. 3. And be it further enacted, That until the recognitio[-e902116]n of a State go[-e902116]vernment, as aforesaid, [-e902116]the p[-e902116]rown[+e902116]visional governor shall[-e902116], under [-e902116]suc[-e902116]h regul[-e902116]ations as he may prescribe, cause to be assessed, levied, and co[-e902116]llected,[-e902116] for the year eightee[-e902116]n hundred and sixty-five, and every year thereafter, the taxes pr[-e902116]ovided by [-e902116]the laws of such State to[-e902116] be levied during the fiscal year [-e902116]preceding the ov[-e902116]erthrow of the State govern[-e902116]ment thereof, [-e902116]in [-e902116]the manner prescribed by the laws of the Sta[-e902116]te, as nearly as may be; an[-e902116]d the [-e902116]officers[-e902116] appointed, as afo[-e902116]resaid, are vested with all powers of levying and collecting s[-e902116]uch taxes, by distress or sale, as were vested in any officers or tribunal of the State govern[-e902116]ment aforesaid for[-e902116] thos[-e902116]e purposes. The proceeds of such taxes shall be accounted for to the prov[-e902116]isional gove[-e902116]rnor, and[-e902116] be by him a[-e902116]pplied t[-e902116]o the expenses of the administration of the [-e902116]laws [-e902116]in such S[-e902116]tate, subject to the d[-e902116]ire[-e902116]ction of the President, [-e902116]and the surp[-e902116]lus[-e902116] shall be deposited in the t[-e902116]reasury of the United States to the credit of such State, to be paid to the State upon an appropriation therefor, to be made when a repub[-e902116]lic[-e902116]an form of governmen[-e902116]t shall be recogn[-e902116]ized therein by the United States. [-e902116]

[-e902116]

Sec. 4. And be it further enacted, That all pers[-e902116]ons wi[+e902116]held to involuntary servitude or labor in [-e902116]the[-e902116] S[-e902116]tates aforesaid are [-e902116]hereby[-e902116] emancipated and dischar[-e902116]ged therefrom, and they and their posterity shall be f[-e902116]ore[-e902116]vernment[+e902116] free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts[-e902116] of the United States shall, on habeas corp[-e902116]us, discharge them. [-e902116]

[-e902116]

Sec. 5. A[-e902116]nd be i[-e902116]t further enacted, That [-e902116]if any person dec[-e902116]lared free by this act, or any law of the United States, or any proclamation of the President[-e902116], be restrained of libert[-e902116]y,[-e902116] with intent to be held in or reduced to involunt[-e902116]ary servitude or labor, the person convicted before a court of competent jurisdi[-e902116]ction of such ac[-e902116]t s[-e902116]hall b[-e902116]e punished by fine of not [-e902116]less than fifteen hundred d[-e902116]ollars, and be imprisoned not less than five nor more than twent[-e902116]y ye[-e902116]ars. [-e902116]

[-e902116]

Sec. 6. And be it further enacted, That every person who shal[-e902116]l hereafter hold or exercise any office, civil or military, except offices merely ministerial and military offices below the grade of colonel, in the rebel service, State or confederate, is hereby declared not to be a [-e902116]citizen of the United State[-e902116]s. [-e902116]

[-e902116]

Sec. 7. And be it further enacted, That the United States, in Congress assembled, do hereby recognize the government of the State of Louisiana, inaugurated under and by the convention of the people of Louisiana,[-e902116] wh[-e902116]ich assembled on [-e902116]the s[-e902116]ixth day of April, a[-e902116]nno Domini eighteen hundred and[-e902116] sixty-fo[-e902116]ur, at the [-e902116]city of New Orleans, and declare t[-e902116]he same to be entitled to the guarantee and all other rights of a[-e902116] State government under the Con[-e902116]stitution of the United States. [-e902116]

[-e902116]

Sec. 8. And be it further enacted[-e902116], That so soon as the military [-e902116]resistance to the United States shall have been su[-e902116]ppr[-e902116]essed in any su[-e902116]ch S[-e902116]tate, and the people thereof shall have suff[-e902116]iciently returned to their obedience to the Constitution and the laws of the United States, the provisional go[-e902116]vernor shall direct the marshal of the United States, as speedi[-e902116]ly as may be[-e902116], to name [-e902116]a sufficient number of deputies, and to enrol all male citizens of the United [-e902116]States resident in the State in their respective[-e902116] counties, and to request each one to take the oath to support the Co[-e902116]nstitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, which rolls [-e902116]shall be f[-e902116]orthwith returne[-e902116]d to the provision[-e902116]al governor; and [-e902116]if the perso[-e902116]ns taking that oath shall amount to a majority of the persons enroll[-e902116]ed in the St[-e902116]ate, he shall, by proclamatio[-e902116]n, invite the loyal people of the State to elect [-e902116]delegates to a[-e902116] convention charged to declare the will of the people of the State relative to the re-[-e902116]establishment of a State government, subject to and in conformity with the Constitution of the United States. [-e902116]

[-e902116]

Sec. 9. And be it further enact[-e902116]ed, That the convention shall consist of as many membe[-e902116]rs as both hous[-e902116]es of the last constitutional State legislature, a[-e902116]pportioned by the provisional governor among the co[-e902116]unties, parishes, or districts of the State, in proportion to the population returned as electors, [-e902116]by the marsha[-e902116]l, [-e902116]in [-e902116]compli[-e902116]ance[-e902116] w[-e902116]ith the provisio[-e902116]ns[-e902116] o[-e902116]f this act. The pr[-e902116]ovisional gove[-e902116]rnor shall, by procla[-e902116]mation[-e902116], declare the number o[-e902116]f delegates t[-e902116]o be elected by each county, pa[-e902116]rish, or [-e902116]election district; name a day of election, not less than thirty days thereafter; designate the places of [-e902116]voting in [-e902116]each county, parish, o[-e902116]r district, conforming, as nearly as may be convenient, to the places used in the State elections next [-e902116]preceding the rebelli[-e902116]on; appoint one or more commissioners to [-e902116]hold the elect[-e902116]ion at each place of voting, and provide an adequate force to keep the peace during the election. [-e902116]

[-e902116]

Sec. 10. And [-e902116]be [-e902116]it further enacted, That the delegates shall be elected by the loyal male c[-e902116]itize[-e902116]ns of the United States of the a[-e902116]ge[-e902116] of twenty-one years, and res[-e902116]ide[-e902116]nt at the time in the county, parish, or district in which they shall offer to [-e902116]volu[+e902116]te, and enrolled as aforesaid, or abse[-e902116]nt in the milit[-e902116]ary service of [-e902116]the United States, and who shall take and s[-e902116]ubscribe the oath of allegiance to the Unite[-e902116]d Stat[-e902116]es[-e902116] in the form contained in the act of Congress of July t[-e902116]wo, e[-e902116]igh[-e902116]teen [-e902116]hundred and s[-e902116]ixty-two; a[-e902116]nd all citizens of the United States who are in the military or naval service of the United States shall vote at the headquarters of their respective commands, under[-e902116] such regulations as may be prescribed by the provisional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, [-e902116]State or confederate[-e902116], under the rebel usurp[-e902116]atio[-e902116]n, or who has voluntarily borne arms against the Unite[-e902116]d States, shall vote or be eli[-e902116]gible to be elected as delegate at s[-e902116]uch election. [-e902116]

[-e902116]

Sec. 11. And be it further en[-e902116]acted, That the said commissione[-e902116]rs, or either of them, sh[-e902116]all hold the electio[-e902116]n in conformi[-e902116]ty with this act, and, so far as may b[-e902116]e consist[-e902116]ent therewith, shall proceed [-e902116]in the manner used in the State prior to the rebellion. The oath of alle[-e902116]giance shall be[-e902116] to[+e902116]aken[-e902116] and subscribed on the po[-e902116]ll-book by every voter in the form above prescribed, but every[-e902116] person known by or proved to the commis[-e902116]sioners to have held or[-e902116] exercised any o[-e902116]ffice, civil o[-e902116]r military, Stat[-e902116]e or conf[-e902116]ederate, under the rebel usurpati[-e902116]on, or to have voluntarily borne ar[-e902116]ms[-e902116] agai[-e902116]nst the Unite[-e902116]d equ[+e902116]States, shall be excluded though he offer to take the oath; and in case any person who sh[-e902116]all have borne arms aga[-e902116]ins[-e902116]t the United States shall offer to vote, he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimon[-e902116]y of a qualified vote[-e902116]r. The poll-book, show[-e902116]in[-e902116]g t[-e902116]he name and oa[-e902116]th of each voter, [-e902116]shall[-e902116] be returned to the provisional governor by the commissioners o[-e902116]f election [-e902116]or th[-e902116]e one acting, and [-e902116]the law.[+e902116]provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. [-e902116]

Sec. 1[-e902116]2. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the [-e902116]State,[-e902116] of Louisiana is hereby pe[+e902116]n a day not more than three months after the election, giving at least thirty days' notice of such day. In case the said capital shall in his judgement be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the fo[-e902116]rm hereinbefore prescribed. [-e902116]

[-e902116]

Sec. 13. And be [-e902116]it further enac[-e902116]ted,[-e902116] Tha[-e902116]t the c[-e902116]onvention[-e902116] shall decla[-e902116]re, on behalf of the people of the State, their [-e902116]sub[-e902116]mission to th[-e902116]e Const[-e902116]itution and law[-e902116]s of the United States, and shall ado[-e902116]pt the f[-e902116]ollow[-e902116]ing provisions, hereby prescribed by [-e902116]the Un[-e902116]ited States in the exe[-e902116]cution of the constitution[-e902116]al duty to gua[-e902116]rant[-e902116]ee a repub[-e902116]lic[-e902116]an form of governmen[-e902116]t to every State, and [-e902116]incorporate them in the c[-e902116]onstitution of the State, that is to say: [-e902116]

[-e902116]

First. No person[-e902116] who has held or exerc[-e902116]ised any office, civil or military, except offices merely ministerial and military offices below [-e902116]the grade of colonel, State or confederate, under[-e902116] the usurping power, shall vote for or be a member of the legislature or [-e902116]governor. [-e902116]

[-e902116]

Second. Involuntary servitude is forever prohibited, and the freedo[-e902116]m of all p[-e902116]ersons is guara[-e902116]nteed[-e902116] in said State. [-e902116]

[-e902116]

Third. N[-e902116]o debt, State or con[-e902116]federate, created by or under[-e902116] the Unit[+e902116]sanction of the usurping power shall be recogniz[-e902116]ed or paid by the [-e902116]States under the[+e902116]. [-e902116]

[-e902116]

Sec. 14. And be it further enacted, That when the convention shall have adopted those provisions, it shall proceed to re-establish a republican form of government, and ordain a[-e902116] constitution containing those provisions, which, when [-e902116]adopted, the convention shall by ordinance provide for submitting to the people of the State entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates, but at a time and place named[-e902116] by the convention, at[-e902116] which assembled on[+e902116]election the said electors, and none other, shall vote directly for or against such constitution and form of State government. And the returns of said election shall be made to the provisional governor, who shall canvass[-e902116] the six[+e902116]ame in the presence of [-e902116]the[-e902116] electors, an[-e902116]d if [-e902116]a majorit[-e902116]y of April, anno Domini[+e902116]the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of Congress, by act or joint resolution, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the State; and from the date of such recognition, and not before, senators and representatives and[-e902116] electors for Pres[-e902116]ident and Vice-President may be elected in such State, accordin[-e902116]g to t[-e902116]he laws of [-e902116]th[-e902116]e Stat[-e902116]e a[-e902116]nd[-e902116] of t[-e902116]he United States. [-e902116]

[-e902116]

Sec. 15. And be it f[-e902116]urther e[-e902116]nacte[-e902116]d, That if the convention shall [-e902116]refuse to re-establish the State government on the con[-e902116]ditions[-e902116] and sixty-four, at New Orle[+e902116]foresaid, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the State entitled to vote under this act, in number not less than a majority of those enrolled as aforesaid, are willing to re-establish a State government on the conditions aforesaid, to direct the provisional governor to order [-e902116]another election of delegate[-e902116]s to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as in hereinbefore provided, either to dissolve the convention or to certify the State government re-established by it to the President[-e902116]. [-e902116]

[-e902116]

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