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assist the said provisional governor in carrying into effect this Proclamation, and they be enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable residents of the districts shall not be found, then persons residing in other states or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable residents are not found, then to appoint agents, &c., from other

states.

Fifth. That the district judge for the judicial district in which North Carolina is included proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts.

Sixth. That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state.

Seventh. That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geographical limits aforesaid.

No. 144. Thirteenth Amendment

December 18, 1865

JANUARY 11, 1864, John B. Henderson of Missouri offered in the Senate a joint resolution for an amendment to the Constitution providing that "slavery or involuntary servitude, except as a punishment for crime, shall not exist in the United States." February 8 Sumner proposed an amendment declaring that "everywhere within the limits of the United States, and of each State or Territory thereof, all persons are equal before the law, so that no person can hold another as a slave." Both of these resolutions were referred to the Committee on the Judiciary, which reported, February 10, a resolution proposing an amendment in the terms of the thirteenth amendment subsequently ratified. On the 15th the House, by a vote of 78 to 62, resolved in favor of an amendment abolishing slavery. The joint resolution passed the Senate April 8, by a vote of 38 to 6. The resolution was not taken up in the House until May 31, and June 15, by a vote of 95 to 66 (less than the required two-thirds), was rejected. January 31, 1865, the vote was reconsidered and the resolution passed, the vote being 121 to 24, 37 not voting. The ratification of the amendment by twenty-seven States was proclaimed December 18, 1865.

REFERENCES. - Text in Revised Statutes of the United States (ed. 1878), 30. For the proceedings in Congress see the House and Senate Journals, 38th Cong., 1st and 2d Sess., and the Cong. Globe. The principal propositions submitted are collected in McPherson, Rebellion, 255–259. On the scope of the amendment see Slaughter House Cases, 16 Wallace, 36.

ARTICLE XIII.

SEC. 1. Neither slavery nor involuntary servitude, save as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SEC. 2. Congress shall have power to enforce this article by appropriate legislation.

No. 145.

First Civil Rights Act

April 9, 1866

A BILL "to protect all persons in the United States in their civil rights and furnish the means of their vindication" was introduced in the Senate January 5, 1866, by Lyman Trumbull of Illinois, and referred to the Committee on Judiciary. Amendments reported by the committee were agreed to on the

12th. February 1 an amendment submitted by Trumbull, regarding the citizenship of persons born in the United States, being the first part of section 1 of the act, was agreed to by a vote of 31 to 10, but the following day an amendment striking out the provision for the employment of military force was rejected, the vote being 12 to 24. The bill passed the Senate February 2, and the House, with further amendments, March 13, the vote in the House being 111 to 38, 34 not voting. The Senate agreed to the House amendments. March 27 President Johnson vetoed the bill. The bill was passed over the veto by the Senate, after a long discussion, April 6, by a vote of 33 to 15, and by the House April 9, by a vote of 132 to 41, 21 not voting.

REFERENCES.-Text in U.S. Statutes at Large, XIV., 27-29. For the proceedings see the House and Senate Journals, 39th Cong., 1st Sess., and the Cong. Globe. The text of the Senate bill as reported by the committee is in the Globe for January 12. The veto message is in the Globe and the Journals. For a report of February 19, 1867, on violations of the act, see Senate Exec. Doc. 29, 39th Cong., 2d Sess.; for State laws relating to freedmen see Senate Exec. Doc. 6, ibid.

An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication.

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Be it enacted. That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

SEC. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punish

ment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.

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SEC. 3. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act. . . . The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the infliction of punishment on the party found guilty.

SEC. 4. And be it further enacted, That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall

violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slayery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act

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SEC. 8. And be it further enacted, That whenever the President of the United States shall have reason to believe that offences have been or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons charged with a violation of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.

SEC. 9. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act.

SEC. 10. And be it further enacted, That upon all questions of law arising in any cause under the provisions of this act a final appeal may be taken to the Supreme Court of the United States.

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