#equal protection

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39th CONGRESS, 1st Session

H.R. 127.

IN THE SENATE OF THE UNITED STATES.

May 10, 1866.

Read twice, by unanimous consent.

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JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States.

1          Resolved b the Senate and House of Representatives

2         of the United States of America in Congress assembled,

3         (two-thirds of both Houses concurring,)  That the following

4        article be proposed to the legislatures of the several States

5        as an amendment to th eConstitution of the United States,

6        which, when ratified by three-fourths of said legislatures,

7        shall be valid as part of the Constitution, namely:

8                          ARTICLE --------.

9              SECTION 1. No State shall make or enforce any law  [hand written in the margin, "Now aid to insert _ see"]

10       which shall abridge the privileges or immunities of citizens

11       of the United States; nor shall any State deprive ay per-

12       son of life, liberty, or property, withut due process of law;

13       nor deny to any person withinits jurisdiction the equal pro-

14       tection of the laws.

15             SECTION 2.  Representatives shall be apportioned among

16       the several States which may be included within the Union,

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17     according to their respective numbers, counting whole

18     number of persons in each State, excluding Indians not taxed.

19     But whenever, in any State, the elective franchise shall be  [Handwritten Annotation: Howard agreed]

20     denied to any portion of its male [crossed out and bracketed] >citizens< not less than twen-    [Handwritten Annotation: inhabitants being citizens of the limited States]

21     ty-one years of age, or in any way abridged, except for par-

22     ticipation in rebellion or other crime, the basis of representa-

23     tion in such State shall be reduced in the proportion which

24     the number of such male citizens shall bear to the whole

25     number of male citizens not less that twenty-one years of

26     age. [Handwritten Annotation: in such State]         [Handwritten Annotation: Howard to (illegible) agreed]         [Handwritten Annotation: May 30 Howard to as (illegible)]

27            SECTION 3. Until the fourth day of July, in the year                [lines 27 through 32 crossed out]

28     one thousand eight hundred and seventy, all persons who

29     voluntarily adhered to the late insurrection, giving it aid and

30     comfort, shall be excluded from the right to vote for repre-

31     sentatives in Congress and for electors for President and

32     Vice-President of the United States.   <         [Handwritten Annotation: May 24 (illegible) on to strike out sec 3 Pending agreed 43 (illegible)]

                                                                                             [ Handwritten Annotation: Howard (illegible)]

33            SECTION 4. Neither the United States nor any State

34     shall assume or pay any debt or obligation already [handwritten brackets around "already"] incurred,     [Handwritten Annotation: Howard to strike out]

35     or which may hereafter be incurred, [handwritten brackets around "or which may hereafter be incurred,"] in aid of insurrection or         [Handwritten Annotation: Howard to strike out]

36     of war [handwritten brackets around "of war'] [Handwritten Annotation: Rebellion] against the United States, or any claim for compen-       [Handwritten Annotation: Howard to strike out + insert] [Handwritten Annotation: Howard to (illegible)]

37     sation for loss of involuntary service or labor. [Handwritten brackets around "loss of involuntary service or labor."]        [Handwritten Annotation: the loss or emancipation of any slave; but all such debts, obligations and claims shall be forever held illegal]

38            SECTION 5. The Congress shall have power to enforce,

39      by appropriate legislation, the provisions of this article.

           Passed the House of Representatives May 10, 1866.

           Attest:                       EDWARD McPHERSON, Clerk.

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[All text handwritten annotations]

30

to insert a new sec

sec 3_ Sec printed (illegible)

May 31 [underlined] agreed

Yeas 32 Nays 10

and to insert a new sec

s sec 4 see printed (illegible)

to strike out in line 37 + insert

of any