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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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: Editorial Amendment to Mr. Eliot's Substitute ' (e904008)

There are 4 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. [-e904016]

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 [-e902116]for the protection of persons and property [+e903040 -e904008]provisional governor, whose pa[-e902116]government, ,[+e903040 -e904008]y and emoluments shall not exceed that of a[-e902116] brigad[-e902116]ier general [-e903040]of [-e904016]volun[-e903040]teers, [-e904016]ion of [+e904008]wh[-e904016]o [-e904008]shall[-e904016] [+e904008] [-e904016]o[+e904008]be[-e904016] charge[-e903040]d[-e904008] [-e903040]w[-e904008]i[-e903040]th th[-e904008]e ci[-e903040]vil administr[-e904016]ation[-e903040] [-e904008]of [-e903040]su[-e904008]ch[-e903040] [-e904016]State, [-e904008]unt[-e903040]zens[+e904008]il[-e904008] a[-e903040] State [-e904008]g[-e902116]o[-e903040]vernment ther[-e904008]ein shall be recognized [-e903040]as hereinafter p[-e904008]ro[-e902116]vi[-e904008]d[-e902116]s[+e903040 -e904008] with[+e904016 -e904008]4[+e903040 -e904008]in[+e904016 -e904008] s[+e904016]uch Sta[+e904016 -e904008]tes[+e904016], [+e904016 -e904008]ed[-e904008]. [-e902116]

[-e902116]

Sec[-e902116]. 2.[-e904008]th[+e903040 -e904008] And be it further ena[-e904008]c[-e902116]ted, That until t[-e904008]$1,500[+e903040 -e904008]he[-e904008] [-e904016]United States s[-e904008]ha[-e904016]5[+e903040 -e904008]l[-e903040]l have[-e904008] [-e904016]recognized a republic[-e904008]a[-e904016]n form [-e904008]of[-e904016] State governme[-e904008]nt[-e903040]ly, a[+e904008], the provisional go[-e904008]verno[-e904016]r in ea[-e904008]c[-e904016]h of[-e904008] sai[-e904016]ns[+e902116 -e904016]d S[-e904016]tates [-e902116]shall[+e904008]shall s[-e904008]ee[-e902116] tha[-e904008]t ordained and es[+e904008]this a[-e904008]c[-e904016]t, and the[-e904008]l[+e903040 -e904008] [-e902116]laws of the U[-e904008]l[+e903040 -e904008]nited States, [-e904008]a[-e904016]nd [-e904008]wi[+e902116 -e904008]th[-e904008]e [-e904016]laws of the State in force when the St[-e904008]a[-e904016]t[-e902116]e g[-e904008]6[+e903040]o[-e902116]v[-e904008]e[-e902116]rnm[-e904008]en[-e902116]t was over[-e904008]th[-e902116]republic[+e904008]rown by [-e904008]nt[+e904016 -e904008]the rebellion, [-e904008]r[+e903040 -e904008]are faithfu[-e904008]r[+e903040 -e904008]lly executed within the S[-e904008]7[+e903040 -e904008]tate; b[-e904008]s ofState, who are[+e903040 -e904008]ut no la[-e904008]all who [+e903040 -e904008]ha[+e903040]v[+e903040 -e904008]e[+e903040] been honorably discharged therefrom,[+e903040 -e904008] [+e903040]t[+e903040 -e904008]og[+e903040]ether wi[+e903040 -e904008]th [+e903040]m[+e904008]all loyal ci[+e903040 -e904008]ti[+e903040]zens e[+e903040 -e904008]n[+e903040]rolled as aforesaid, [+e903040 -e904008]w or [-e904008], prescrib[+e903040 -e904008]usa[-e904008]July 2, 18[+e903040 -e904008]62[+e903040]rever prohibiting[+e904008], shall be electors, an[+e903040 -e904008]d may[+e903040] v[+e903040 -e904008]ote for delegates to the convention h[+e903040]ereinbefore auth[+e903040 -e904008]orized, [+e903040]in [+e903040 -e904008]the [+e903040]county, parish, or dist[+e903040 -e904008]rict[+e903040] i[+e903040 -e904008]n[+e903040] which they reside,[+e903040 -e904008]ge w[-e904008]hereb[-e903040]y any [-e904008]person[-e903040] w[-e904008]as [-e903040]heretof[-e904008]ore he[-e902116]ld[-e904008] [-e902116]in i[-e902116]nvo[-e904008] [+e902145 -e904008]

[+e902145 -e904008]

Sec. –[+e902145 -e904008]8[+e903040 -e904008]. And be[+e902145 -e904008] it further e[+e902145]na[+e902145 -e904008]ct[+e902145]ed, That in a[+e902145 -e904008]ll that portion of the United States heretofore[+e902145]such Sta[+e904008] declared [+e902145 -e904008]to b[+e902145]e in rebellio[+e902145 -e904008]n aga[+e902145]inst the United States, and enumerate[+e902145 -e904008]d [+e902145]in[+e902145 -e904008] th[+e902145]e Pr[+e902145 -e904008]esid[+e902145]ent'[+e902145 -e904008]s proclama[+e902145]guar[+e904008]tion [+e902145 -e904008]of[+e902145] [+e902145 -e904008]Januar[+e902145]y 1, 1863, sla[+e902145 -e904008]very a[+e902145]nd in[+e902145 -e904008]voluntary serv[+e902145]9[+e903040]i[+e902145]tud[+e902145 -e904008]e, ot[+e902145]herwise[+e902145 -e904008] than i[+e902145]all[+e904008]n pun[+e902145 -e904008]i[+e902145]shment of cri[+e902145 -e904008]me w[+e902145]hereof t[+e902145 -e904008]he accus[+e902145]8[+e903040]e[+e902145]d shall[+e902145 -e904008] have b[+e902145]een duly[+e902145 -e904008] [+e902145]y[+e903040]convicted[+e902145], sh[+e902145 -e904008]c[+e903040 -e904008]ivil [+e903040]dom and equality[+e904008]al[+e902145 -e904008]l [+e902145]be, and t[+e902145 -e904008]h[+e902145]e same he[+e902145 -e904008]L[+e903040 -e904008]reb[+e902145 -e904008]G[+e903040 -e904008]y is, [+e902145 -e904008]abol[+e902145]i[+e903040]ished and prohib[+e902145]ited forev[+e902145 -e903040]e[+e902145]1[+e903040]r, and the re[+e902145]-e[+e902145 -e903040]n[+e902145]slavement, or hol[+e902145 -e903040]ding, or attempting to ho[+e902145 -e904008]ld, in[+e902145] sla[+e902145 -e904008]very[+e902145] o[+e902145 -e904008]r [+e902145]in involuntary servitu[+e902145 -e904008]de an[+e902145]y person within s[+e902145 -e904008]aid [+e902145]S[+e902145 -e904008]ta[+e902145]ghts[+e904008]tes m[+e902145 -e904008]ade free b[+e902145]SR[+e903040 -e904008]y this ac[+e902145 -e904008]2[+e903040 -e904008]t, or [+e902145 -e904008]dec[+e902145]lare[+e902145 -e904008]d[+e902145] to be fr[+e902145 -e904008]e[+e902145]e b[+e902145 -e904008]y the[+e902145] p[+e902145 -e904008]roclama[+e902145]tio[+e902145 -e904008]n of[+e902145] the[+e904008]é[+e903040 -e904008] the President of [+e902145 -e904008]the [+e902145]United States[+e902145 -e904008], [+e902145]dat[+e902145 -e904008]ed Janu[+e902145]a[+e902145 -e904008]ry 1, 1863, or of any of the[+e902145]ir desc[+e902145 -e904008]endan[+e902145]ts, o[+e902145 -e904008]t[+e902145] [+e904008]

herwi[+e902145]2[+e904008]se[+e902145 -e904008] than in the punishment of crime w[+e902145]her[+e902145 -e904008]eof [+e902145]State of Louisiana [+e904008]the accused shall have been duly convicted, is and s[+e902145 -e904008]ha[+e902145]ll be [+e902145 -e904008]f[+e902145]orever [+e902145 -e904008]pr[+e902145]o[+e902145 -e904008]hib[+e902145]ited, any law or re[+e902145 -e904008]gu[+e902145]permitt[+e904008]lation of either of sai[+e902145 -e904008]d Stat[+e902145]es to [+e902145 -e904008]th[+e902145]sume its political relations with[+e904008]e contrary notwithstanding.[+e902145 -e904008]Sec. 13. And be it further enacted, That is the persons exercising the functi[+e903040 -e904008]ons o[+e903040]government[+e904008]f Governo[+e903040 -e904008]r and Legislature und[+e903040] u[+e904008]er [+e903040 -e904008]th[+e903040]e re[+e903040 -e904008]b[+e903040]el usurpation in a[+e903040 -e904008]n[+e903040]y[+e903040 -e904008] Stat[+e903040]c[+e904008]e[+e903040 -e904008] heretofore [+e903040]declared to be in rebellio[+e903040 -e904008]n sha[+e903040]ll, before[+e903040 -e904008] [+e903040]armed[+e903040 -e904008] r[+e903040]by[+e904008]esistance to the nation[+e903040 -e904008]al go[+e903040]vernment [+e903040 -e904008]i[+e903040]s [+e903040 -e904008]su[+e903040]v[+e904008]ppressed in such State, submit [+e903040 -e904008]to[+e903040] the authority of the[+e903040 -e904008] Unit[+e903040]which assembled[+e904008]ed States, and take the oath to support the Constitution of the United States, and [+e903040 -e904008]adopt by[+e903040] l[+e903040 -e904008]a[+e903040]ix[+e904008]w[+e903040]h[+e904008] the thi[+e903040]April, anno Domi[+e904008]rd provision prescribed in the eighth section of this act, and ratify the amendment to [+e903040 -e904008]th[+e903040]e [+e903040 -e904008]C[+e903040]on[+e903040 -e904008]s[+e903040]tit[+e903040 -e904008]u[+e903040]tion of the Unite[+e903040 -e904008]d[+e903040] States propo[+e903040 -e904008]s[+e903040]ed by Congre[+e903040 -e904008]ss[+e903040]en hu[+e904008] to the Legislatures of the [+e903040 -e904008]se[+e903040]veral [+e903040 -e904008]S[+e903040]tates o[+e903040 -e904008]n[+e903040] the 31st day of January, A. D. 1865, it sha[+e903040 -e904008]l[+e903040]l b[+e903040 -e904008]e[+e903040] l[+e903040 -e904008]a[+e903040]wf[+e903040 -e904008]u[+e903040]l for the President of[+e903040 -e904008] th[+e903040]ixty-four, at New Orle[+e904008]e United States to recognize the said Governor and Legislature as the lawful Stat[+e903040 -e904008]e [+e903040]government of such State, and to certify the fact to [+e903040 -e904008]Congress for its recognition: Provided, That nothing herein contained shall operate to disturb the boundary lines of any State heretofore recognized by and now represented in the Congress of the United States.[+e903040]lun[-e902116]tar[-e902116]y2[+e904016] [-e904016]servitude shall be rec[-e902116]ognized or en[-e902116]forced by any court or officer in su[-e902116]c[-e904016]h State; and[-e902116] the C[+e902116]laws for the trial and punishment of w[-e902116]hite persons shall extend to all persons, a[-e904016]nd j[-e902116]urors shall have[-e904016] [-e902116]the qual[-e902116]if[-e902116]ications of voters under this law f[-e904016]or deleg[-e902116]ates to the c[-e904016]on[-e904016]v[-e902116]e[-e904016]n[-e902116]tion. The President shall appoint[-e904016] [-e902116]such officers provided for by t[-e904016]he[-e902116] laws of [-e904016]the [-e904016]Un[+e902116 -e904016]State when its government was overth[-e904016]rown [-e902116]as he may find necessary to the civil administration of the St[-e904016]ate, all whic[-e902116]h officers shall be entitled to receive the fees and emoluments provided by the State laws for such officers. [-e904016]

[-e904016]

Sec. 3. [-e904016]And be it further enacted, That until the recognitio[-e902116]n of a State go[-e902116]vernment, as aforesaid, [-e902116]t[-e904016]he p[-e902116]rown[+e902116]visional governor shall[-e902116], under[-e902116] such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-five, and every year thereafter, the taxes provided by the laws of such State to be levied during the fiscal year preceding the overthrow of the State government thereof, in the manner prescribed by the laws of the State, as nearly as may be; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the State government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such State, subject to the direction of the President, and the surplus shall be deposited in the treasury 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 republican form of government shall be recognized therein by the United States. [-e904016]

[-e904016]

Sec. 4. And be it further enacted, That all persons [-e904016]wi[+e902116 -e904016]held to involuntary servitude or labor in the States [-e904016]or p[+e902113 -e904016]a[-e904016]rts o[+e902113 -e904016]f[-e904016] States in which such pers[+e902113 -e904016]o[-e904016]ns have been declared free by any proclamation of the P[+e902113 -e904016]resaid[-e904016]ent,[+e902113 -e904016] are hereby emancipated and discharged therefrom, and they and their posterity shall be foreve[-e904016]nment[+e902116 -e904016]r 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 of the United States shall, on habeas corpus, discharge them. [-e904016]

[-e904016]

Sec. 5. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President,[-e904016] be restrained of liber[-e902116]ty[-e902116], with intent to be held in or reduced to involun[-e902116]tary servitude or labor, the person convicted before a court of competent jurisd[-e902116]iction of such a[-e902116]ct [-e902116]shall [-e902116]be punished by fine of not[-e902116] less than fifteen hundred [-e902116]dollars, and be imprisoned not less than five nor more than twen[-e902116]ty y[-e902116]ears. [-e902116]

[-e902116]

Sec. 6. And be it further enacted, That every person who sha[-e902116]ll 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 Stat[-e902116]es. [-e902116]

[-e902116]

Sec. 7. And be it further enacted, That the United States, in C[-e902116]ong[-e902113]ress assembled, do hereby recognize the governm[-e902116]e[-e902113]nt[-e902116] [-e902113]of the State o[-e902116]f[-e902113] Lo[-e902116]u[-e902113]isiana, inaugurated under and by the conven[-e902116]t[-e902113]ion of the people of Louisiana, which assembled on the sixth day of April, anno Domini eighteen hundred and s[-e902116]ix[-e902113]ty-four, at the city of New Orleans, and declare the same to [-e902116]be[-e902113] entitled [-e902116]to[-e902113] the gua[-e902116]ra[-e902113]ntee and all other rights of a State government[-e902116] under[-e902113] the Constitution of the Unit[-e902116]ed St[-e902113]ates. [-e902116]

[-e902116]

Sec. 8. And be it further enacted,[-e902116] Th[-e902113]at so soon as the military resistance to the United States shall h[-e902116]ave been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution [-e902116]and the la[-e902116]ws of the United[-e902116] States, the provi[-e902116]sional governor s[-e902116]hall direct [-e902116]the marshal of the United[-e902116] States, as speedily as may be, to name a sufficient number of deputies, and to enrol all white[+e902113] male citizens of the United States resident in the State in their r[-e902116]espective co[-e902116]unties, and to request each o[-e902116]ne to take the oath to support the Constitution o[-e902116]f the United S[-e902116]tates, and in his enrolment to designate those who take and those who refuse to take t[-e902116]hat oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath sha[-e902116]ll[-e902116], together with the citi[+e902113 -e902116]zens[+e902113] of the United States from such State in the milit[+e902113 -e902116]a[+e902113]ry or naval se[+e902113 -e902116]r[+e902113]vice of the United States,[+e902113 -e902116] amount to a majority o[-e902116]f the persons enrolled in the State, he shall, by p[-e902116]roclamation, invite the loyal people of the State to elect delegates to a con[-e902116]vention c[-e902116]harged to dec[-e902116]lar[-e902116]e t[-e902116]he wil[-e902116]l of[-e902116] t[-e902116]he people of the[-e902116] S[-e902116]ta[-e902116]te relativ[-e902116]e to the re-establishment of a State government, subject to and in conformity wit[-e902116]h the Constitu[-e902116]tion of the United St[-e902116]ates. [-e902116]

[-e902116]

Sec. [-e902116]8[+e902113 -e902116]9. And be it [-e902116]further enact[-e902116]ed, That the convention shall c[-e902116]onsist of[-e902116] as many members as both houses of the last constitutional State legislature, apportioned by the provisio[-e902116]nal govern[-e902116]or among the counties,[-e902116] parishes, or districts of the State, in proportion to the population [-e902116]enroll[+e902113 -e902116]returned as electors, by th[-e902116]e marshal, in complia[-e902116]nce with the provisions of this act[-e902116], or i[+e902113 -e902116]n[+e902113] the military[+e902113 -e902116] [+e902113]or naval service of the United States, as aforesaid,[+e902113 -e902116]. The provisional governor shall, by proclamation, dec[-e902116]lare th[-e902116]e n[-e902116]umber of delegates to be elected by each county, parish, or election distri[-e902116]ct; n[-e902116]ame a day of election, not less [-e902116]th[-e902116]an thirty days thereafter; de[-e902116]sig[-e902116]nate the places of voting in each county, parish, or district, conf[-e902116]orlu[+e902116]ming, as nearly as [-e902116]may be convenient, to th[-e902116]e places used in the State elections next p[-e902116]receding the rebellion; appoint one or more [-e902116]commis[-e902116]si[-e902116]oners to hold the election at each place of voting, and[-e902116] prov[-e902116]ide[-e902116] an a[-e902116]dequate force[-e902116] to keep th[-e902116]e peace during the election. [-e902116]

[-e902116]

Sec. [-e902116]9[+e902113 -e902116]10. And be it further enacted, That the delegates shall be elected by the loyal male citizens of the United States of the age [-e902116]of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military [-e902116]or naval [+e902113 -e902116]se[-e902116]rvice of the United [-e902116]States, and who shall t[-e902116]ake [-e902116]and subscribe the oath of allegiance to the United Sta[-e902116]tes in the form contained in t[-e902116]he act of Congress of July two, eigh[-e902116]teen hundred and sixty-t[-e902116]wo; and all citizens of[-e902116] the United States who are in th[-e902116]e military or naval servi[-e902116]ce of the United Sta[-e902116]tes shall vot[-e902116]e at the headquarters of their respect[-e902116]ive comma[-e902116]nds, under such regulations a[-e902116]s may be prescribed by the provisional governor for the taking and retur[-e902116]n of their vote[-e902116]s;o[+e902116] but[-e902116] no person who has held o[-e902116]r exercised any office, civil or military, State or confederat[-e902116]e, under the rebel usurpation, or who ha[-e902116]s voluntarily borne arm[-e902116]s against the Un[-e902116]ited States, s[-e902116]hall vote or be [-e902116]eligible [-e902116]to be elected as delegate at such[-e902116] election. [-e902116]

[-e902116]

Sec. 1[-e902116]0[+e902113 -e902116]1. And be it [-e902116]fu[-e902116]rther[-e902116] enacted, Tha[-e902116]t equ[+e902116]the said commissioners, or either of them, shall hold the election in conformity with thi[-e902116]s act, and, so far as m[-e902116]ay [-e902116]be consistent therewith, shall proceed in the manner used in the State prior to the rebellion. The oath of allegiance shall be taken and subs[-e902116]cribed on the poll-bo[-e902116]ok by every voter in t[-e902116]he[-e902116] fo[-e902116]rm above presc[-e902116]ribed, but every p[-e902116]erson[-e902116] known by or proved to the commissioners to have held or exerci[-e902116]sed any off[-e902116]ice, [-e902116]civil or military,[-e902116] Stalaw.[+e902116]te or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be[-e902116] excluded [-e902116]though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed t[-e902116]o have[-e902116] bf Louisiana is hereby pe[+e902116]orne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. [-e902116]

[-e902116]

Sec. 1[-e902116]1[+e902113 -e902116]2. And be it fur[-e902116]ther enacted, That the provisional gov[-e902116]ernor shal[-e902116]l, by proclamat[-e902116]ion,[-e902116] con[-e902116]vene th[-e902116]e delegat[-e902116]es elected a[-e902116]s aforesaid, at the capital of the State, on a d[-e902116]ay [-e902116]not more than[-e902116] three [-e902116]months after th[-e902116]e election, giving at least thirty da[-e902116]ys' noti[-e902116]ce of[-e902116] such day. In case the said capital s[-e902116]hall i[-e902116]n his judgement be unf[-e902116]it, he shall in his procla[-e902116]mation appoint[-e902116] ano[-e902116]ther place[-e902116]. H[-e902116]e shall preside over[-e902116] the deliberations of [-e902116]the convention, and admin[-e902116]ister to each delegate, before taking his seat in the conventi[-e902116]on, the oath of allegi[-e902116]ance to the United States in the form hereinbefore prescribed. [-e902116]

[-e902116]

Sec. 1[-e902116]2[+e902113 -e902116]3. And be it further en[-e902116]acted, That the convention shall declare, on beha[-e902116]lf of the people of the State, their submission to the Constitution and l[-e902116]aws of the United States, and shall adopt the following provisions, hereby pr[-e902116]es[-e902116]cribed by the Un[-e902116]ited States in the execution of the c[-e902116]onsti[-e902116]tutional duty to guarantee a r[-e902116]epublican for[-e902116]m of government to e[-e902116]very State, and incorporate t[-e902116]hem iUnit[+e902116]n the constitution of the Stat[-e902116]e, that is to say:

First. No person who has hel[-e902116]d or exercised any [-e902116]office, civil or military, except offices merely ministerial and military offices below the grade of colonel, State or confederate, under the usurping power, shall vote for or be a member of the s under the[+e902116]legislatur[-e902116]e or governor. [-e902116]

[-e902116]

Second. Involuntary servitude is forever prohibited, and the freedom [-e902116]and equality [+e902113 -e902116]of [-e902116]civil rights before the law are[+e902113 -e902116]all persons is guaranteed [-e902116]to all pe[+e902113 -e902116]rsons [+e902113]in said State.[-e902116] [+e902113 -e902116] [-e902116]

[-e902116]

Third. No debt, St[-e902116]ate or confederate, created by or under the sanction of the usurping power, or in any manner in aid thereof,[+e902113] shall be recogni[-e902116]s[+e902113 -e902116]zed or [-e902116]paid by the State[-e902116]; and all acts, judicial or legislative, for the confiscation or forfeiture of any debt, property, or franchise, of any loyal citizen of the United States, are hereby declared null and void.[+e902113 -e902116]. [-e902116]

[-e902116]

Sec. 1[-e902116]3[+e902113 -e902116]4. And be it further enacted[-e902116], That when the conven[-e902116]tion shassembled on[+e902116]all have adopted those provisions, it shall proceed to re-establish a republican form of government, and ordain a constitution containing those provisions, [-e902116]it shall proceed to re-establish a republican form of government[+e902113 -e902116], and [+e902113]ix[+e902116]ordain a constitution c[+e902113 -e902116]on[+e902113]t[+e902113 -e902116]a[+e902113]ining those [+e902113 -e902116]p[+e902113]rovi[+e902113 -e902116]s[+e902113]ions, [+e902113 -e902116]wh[-e902116]ich, April, anno Domini[+e902116]when 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 by the convention, at which 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 sh[-e902116]all be made to the[-e902116] provisional governor, who shall canvass the same in the presen[-e902116]ce of [-e902116]the elector[-e902116]s,[-e902116] and i[-e902116]f a[-e902116] m[-e902116]ajori[-e902116]ty of the votes cast shall [-e902116]be for the con[-e902116]stitutio[-e902116]n and[-e902116] form of government, he shall ce[-e902116]rtify the same, with a copy thereof, to the President [-e902116]of the [-e902116]Unnd sixty-four, at New Orle[+e902116]ited 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 electors for President and Vice-President may be elected in such State, according to the laws of the State and of the[-e902116] United States. [-e902116]

[-e902116]

Sec. 1[-e902116]4[+e902113 -e902116]5.[-e902116] And be it further enacted, That if the convention shall refuse to re-establish the State government on the conditions aforesaid, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shal[-e902116]l have[-e902116] 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 another election of delegates 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.

Sec. 15. 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 which assembled on the sixth day of April, anno Domini eighteen hundred and sixty-four, at the city of New Orleans; and the government of the State of Arkansas, inaugurated under and by the convention which assembled on the eighth day of January, eighteen hundred and sixty-four, at the city of Little Rock: Provided, That the same or other conventions, duly assembled, shall first have incorporated into the constitutions of those States, respectively, the conditions prescribed in the twelfth section of this act, and the marshal of the United States shall have returned to the President of the United States the enrolment directed by the seventh section to be made and returned to the provisional governor, and it shall appear thereby that the persons taking the oath to support the Constitution of the United States, together with the citizens of the United States from such State in the military or naval service of the United States, amount to a majority of the persons enrolled in the State. And the President shall, thereupon, by proclamation, declare the recognition by the United States, in Congress assembled, of the said government of such State; and from the date of such proclamation the said government shall be entitled to the gurarantee and all other rights of a State government under the Constitution of the United States; but this act shall not operate a recognition of a State government in either of said States till the conditions aforesaid are complied with, and till that time those States shall be subject to this law. [+e902113]

Decisions yet to be taken

  • Motion to Resume Consideration of H. R. 602 (introduced on 1865-02-06 12:00:00 - PROCEDURE - e902350)
    • Motion to Postpone Consideration of H. R. 602 for Two Weeks (introduced on 1865-02-06 12:00:00 - PROCEDURE - e902351)
  • Motion for the Regular Order of Business (introduced on 1865-02-08 12:00:00 - PROCEDURE - e903292)
  • Motion for the Previous Question (introduced on 1865-02-21 11:00:00 - PROCEDURE - e903047)

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