United States Fifteenth Amendment

The House of Representatives

The House of Representatives of the Fortieth Session of Congress

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Session 6458: 1867-12-05 12:00:00

Frederick E. Woodbridge from Vermont and J. S. Golladay from Kentucky enter the House; H. R. 212 and H. R. 214 are proposed and referred to the Committee on the Judiciary

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H. R. 214

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There are 2 proposed amendments related to this document on which decisions have not been taken.

A Bill

To facilitate the restoration of the late rebel States, and for other purposes.

Whereas, since the organization of revolutionary State governments in the late rebel States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, no constitutional State governments have existed in said States; and whereas the Congress of the United States failed to provide by law for the removal of disloyal men now administering said illegal or pretended State governments; and whereas the government of the United States cannot recognize the right of men to hold office, even under a provisional or temporary government, who cannot take the oath of office prescribed by law: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the conventions which have been, or which may hereafter be, elected, convened, and organized in either of the late rebel States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, as provided in the act of March 2, 1867, and the several acts supplementary thereto, be, and they are hereby, authorized to elect by ballot a provisional governor and an executive council of six competent citizens, to administer, in such manner as the convention electing them may prescribe, the provisional governments in each of said States, during the continuance of such governments.

Sec. 2. And be it further enacted, That the provisional governor and executive council thus elected for each of said States shall, before entering upon the discharge of their official duties, take and subscribe the oath of office prescribed by act of July 2, 1862; and the compensation of said governor and executive council shall be fixed by the convention and paid out of the State treasury.

Sec. 3. And be it further enacted, That the governor shall have authority, by and with the advice and approval of a majority of the executive council thus elected, to remove all persons from office in their respective States who have been engaged in rebellion against the United States, or who have opposed the restoration of said States to their former relations in the Union, or who have neglected or refused to take the oath of office prescribed by act of July 2, 1862, and to appoint in their stead loyal and competent men, under such rules and regulations as the convention may prescribe: Provided, That all persons appointed to office by the governor and executive council aforesaid, shall before entering upon the duties of any office, take and subscribe the oath prescribed by act of July 2, 1862.

Sec. 4. And be it further enacted, That from and after the meeting and organization of the conventions now authorized by law in either of the aforesaid States, the authority given district commanders by act of July 19, 1867, to remove from and appoint to civil office any person in such States, is hereby revoked.

Sec. 5. And be it further enacted, That so much of the act of March 23, 1867, supplementary to an act entitled “And act to provide for the more efficient government of the rebel States,” passed March 2, 1867, as provides that, unless a majority of all the registered electors in each State shall vote “for a convention,” no convention shall be held under said act, and so much of said act as requires a majority of the registered electors to vote for the ratification and acceptance of any constitution which may be framed and submitted by the conventions authorized in the act aforesaid, as a condition to its being transmitted by the presiding officer of such convention to the President of the United States, be, and the same is hereby repealed; and hereafter a majority of the electors in such of the States hereinbefore named who may vote at any election authorized by the several acts aforesaid, shall be authority for the holding of such conventions as are therein provided for, and for the ratification of any constitution framed by such conventions and submitted to the qualified electors for their acceptance.

Sec. 6. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

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