educated by the Government in the Military Academy...or the United States Naval Academy.

Ninth. All persons who held the pretended offices of governors of States in insurrection against the United States.

Tenth. All persons who left their homes within the jurisdiction and protection of the United States and passed beyond the Federal military lines into the pretended Confederate States for the purpose of aiding the rebellion.

Eleventh. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas and all persons who have made raids into the United States from Canada or been engaged in destroying the commerce of the United States upon the lakes and rivers that separate the British Provinces from the United States.

Twelfth. All persons who, at the time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in... confinement or custody, or under bonds of the... authorities or agents of the United States as prisoners of war, or persons detained for offenses of any kind, either before or after conviction.

Thirteenth. All persons who have voluntarily participated in said rebellion and the estimated value of whose taxable property is over $20,000.

Fourteenth. All persons who have taken the oath of amnesty as prescribed in the President's proclamation of December 8, A. D. 1863, or an oath of allegiance to the Government of the United States since the date of said proclamation and who have not thenceforward kept and maintained the some inviolate.

Provided, That special application may be made to the President for pardon by any person belonging to the excepted classes, and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, the 29th day of May, A. D. 1865, and of the Independence of the United States the eighty-ninth.

By the President:

WILLIAM H. SEWARD,

ANDREW JOHNSON.

Secretary of State.

186. THE THIRTEENTH AMENDMENT

First proposed in 1864, it passed the Senate but failed to muster a 2/3 vote in the House of Representatives. It was reconsidered and passed January 31, 1865, 121-24. Ratification was proclaimed December 18, 1865.

Statutes at Large of the United States, Vol. 44, p. 1860.

ARTICLE XIII.

SECTION 1. Neither slavery nor involuntary servitude, except 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.

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

187. THE CIVIL RIGHTS ACT

Vetoed by Johnson, March 27, 1866, and passed over his veto April 9, by votes of 33-15, and 132-41.

Statutes at Large of the United States, Vol. 14, pp. 27–30.

BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, . . sell, . . 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, .. and to none other, any law,.. to the contrary notwithstanding.

SEC. 2. And be it further enacted, That any person who, under color of any law, .. shall subject, . . any inhabitant of any State or Territory to the deprivation of any right secured or protected by this

act, or to different punishment,.. on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment 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.

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 if any suit or prosecution,.. has been or shall be commenced in any State court, against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a Bureau for the relief of Freedmen and Refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court...

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.

SCHUYLER COLFAX,

Speaker of the House of Representatives. LA FAYETTE S. FOSTER,

President of the Senate, pro tempore.

In the Senate of the United States, April 6, 1866.

The President of the United States having returned to the Senate, in which it originated, the bill entitled "An act to protect all persons in the United States in their civil rights, and furnish the means of

their vindication," with his objections thereto, the Senate proceeded, in pursuance of the Constitution, to reconsider the same; and,

Resolved, That the said bill do pass, two-thirds of the Senate agreeing to pass the same.

Attest:

J. W. FORNEY,

Secretary of the Senate.

In the House of Representatives U. S. April 9th, 1866.

The House of Representatives having proceeded, in pursuance of the Constitution, to reconsider the bill entitled "An act to protect all persons in the United States in their civil rights, and furnish the means of their vindication," returned to the Senate by the President of the United States, with his objections, and sent by the Senate to the House of Representatives, with the message of the President returning the bill: Resolved, That the bill do pass, two-thirds of the House of Representatives agreeing to pass the same. Attest:

EDWARD MCPHERSON, Clerk,
by CLINTON LLOYD, Chief Clerk.

188. THE FRENCH AND MEXICO

The attempt of French troops to uphold the Austrian Archduke who was Emperor of Mexico, was a subject of American protest during the Civil War. After the war those protests became too strong for France to disregard. The position of the United States is perhaps best summed up briefly in the following despatch of William H. Seward, the American Secretary of State, to J. Lothrop Motley, our minister at Vienna. The cause of this communication was the project of Austrian military support to Maximilian.

Executive Documents, 39 Congress, 1 session, 1865–66, Vol. 12. No. 93, pp. 46-47. Washington, 1866.

MR. SEWARD TO MR. MOTLEY.

DEPARTMENT OF STATE,
WASHINGTON, APRIL 16, 1866.

SIR: I have had the honor to receive your despatch of the 27th of March, No. 155, which brings the important announcement that a treaty, called a "military supplementary convention," was ratified on the 15th of that month between the Emperor of Austria and the Prince Maximilian, who claims to be an emperor in Mexico.

You inform me that it is expected that about one thousand volunteers will be shipped (under this treaty) from Trieste to Vera Cruz very soon, and that at least as many more will be shipped in autumn.

I have heretofore given you the President's instructions to ask for explanations, and, conditionally, to inform the government of Austria that the despatch of military expeditions by Austria under such an arrangement as the one which seems now to have been consummated would be regarded with serious concern by the United States.

The subject has now been further considered in connexion with the official information thus recently received. The time seems to have arrived when the attitude of this government in relation to Mexican affairs should be once again frankly and distinctly made known to the Emperor of Austria, and all other powers whom it may directly concern. The United States, for reasons which seem to them to be just, and to have their foundation in the laws of nations, maintain that the domestic republican government with which they are in relations of friendly communication is the only legitimate government existing in Mexico; that a war has for a period of several years been waged against that republic by the government of France; which war began with a disclaim of all political or dynastic designs that that war has subsequently taken upon itself, and now distinctly wears the character of an European intervention to overthrow that domestic republican government, and to erect in its stead a European, imperial, military despotism by military force. The United States, in view of the character of their own political institutions, their proximity and intimate relations towards Mexico, and their just influence in the political affairs of the American continent, cannot consent to the accomplishment of that purpose by the means described. The United States have therefore addressed themselves, as they think, seasonably to the government of France, and have asked that its military forces, engaged in that objectionable political invasion, may desist from further intervention and be withdrawn from Mexico.

A copy of the last communication upon this subject, which was addressed by us to the government of France, is herewith transmitted for your special information. This paper will give you the true situation. of the question. It will also enable you to satisfy the government of Vienna that the United States must be no less opposed to military intervention for political objects hereafter in Mexico by the government of Austria, than they are opposed to any further intervention of the same character in that country by France.

You will, therefore, at as early a day as may be convenient, bring the whole case, in a becoming manner, to the attention of the imperial