A BILL

To declare and protect all the privileges and immunities of citizens of the United States in the several States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person being a citizen of the United States, shall, in right of such citizenship, be entitled, freely and without hindrance or molestation, to go from the State, Territory or district of his or her residence, and to pass into and through and to sojourn, remain and take permanent abode within each of the several States, Territories, and districts of the United States, and in every part thereof, and therein and in every part thereof to acquire, own, control, enjoy and dispose of property, real, personal, and mixed, and to do and transact business, and to have full and speedy redress in the courts for all rights of person and property, as fully as such rights and privileges are held and enjoyed by the other citizens of such State, Territory, or district; and, moreover, therein to have, enjoy, and demand the same immunities and exemptions from high or excessive impositions, assessments, and taxation as are enjoyed by such other citizens under the laws or usages of such State, Territory, or district, and to have, demand, and enjoy all other privileges and immunities which the citizens of the same State, Territory, or district would be entitled to under the same circumstances.

SEC. 2. And be it further enacted, That if any person shall by force, violence, threats, intimidation, or putting in fear, seek to, or shall in fact, deprive any such citizen of the United States of any of the privileges or benefits declared or secured by this act, the same being done without the infliction of any bodily harm, every such person, his or her counsellors, aiders and abettors, shall be deemed guilty of a crime, and upon conviction thereof shall be fined in any sum not exceeding ten thousand dollars, or be imprisoned not exceeding three years, or both, at the discretion of the court and according to the aggravation of the offence; and such persons, their counsellors, aiders and abettors, shall, moreover, be jointly and severally liable to the party injured in double the amount of the damage sustained by reason of such offence.

SEC 3. And be it further enacted, That if any person, with the intent to deprive any such citizen of the United States of any of the rights of passage, sojourn, abode, or transit, or of the right to transact any lawful business during such passage, sojourn, abode, or transit, shall kill such citizen, every person shall, upon conviction, suffer death, or be fined in a sum not less than one thousand dollars, and imprisoned not less than one year, at the discretion of the court, and according to the aggravation of the offence.

SEC. 4. And be it further enacted, That if any person, with the intent to deprive such citizen of any of the rights or benefits declared or secured by the first section of this act, shall wound, maim, or inflict great bodily harm upon any such citizen, every such person, his or her aiders, counsellors, and abettors, shall be deemed guilty of felony, and upon conviction thereof shall be fined in any sum not exceeding ten thousand dollars, and imprisoned not exceeding five years, at the discretion of the court and according to the aggravation of the offence; and such person, his or her aiders, counsellors, and abettors, shall be also liable for the said damages resulting from said loss of life, and for double the damages arising from the other injuries, as is provided in the second and third sections of this act: Provided, That no act declared criminal by any of the provisions of this act shall, when committed against any one seeking to take up abode in the State in which the offence was committed, be deemed to come within the criminal provisions of this act, unless such crime shall have been committed before—— the person injured shall have been a resident of the State or Territory for the time prescribed by the laws of such State or Territory as that required to elapse before persons removing into such State or Territory are entitled to vote in the same; but this proviso shall not apply to any of the provisions of this act touching the liabilities for damages in this act provided for.

SEC. 5. And be it further enacted, That no person charged in any State with treason, felony, or other crime, who shall flee from justice, and no person who hath, or shall voluntarily engage in, or aid and abet any revolt, insurrection, or rebellion against the government or laws of the United States, and who has not been duly pardoned, shall be entitled to the benefit of the provisions of this act.

SEC. 6. And be it further enacted, That, in all prosecutions for offences made punishable under the provisions of this act, it shall be the duty of the jury in each case to find specially and return in their verdict in writing, whenever they shall acquit the defendant, whether they found the defendant not guilty generally of the body of the offence charged, or whether the acquittal was only on the ground that they found that the criminal intent charged in the indictment was not proved, which finding shall in all cases be entered of record; and if the acquittal was for the reason last aforesaid the accused shall, by order of the court, be surrendered for further prosecution to the proper authorities of the State where the offence was committed.

SEC. [6]. And be it further enacted, That the enumeration of the privileges and immunities of citizenship in this act contained shall not be deemed a denial or abridgement of any other rights, privileges, or immunities which appertain to citizenship under the Constitution.

• H. R. 437 (introduced on 1866-04-06 10:00:00 - CREATE_FROM - e843067) [This document] [view current proposal at this moment]
  • None (introduced on 1866-04-06 10:00:00 - POSTPONE_DEBATE - e843068) [view current proposal at this moment]
  • None (introduced on 1866-04-10 10:00:00 - DEBATE_PROPOSAL - e843074) [view current proposal at this moment]
  • H. R. No. 437: Committee Substitute (introduced on 1866-04-24 10:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e843082) [view current proposal at this moment]
    • None (introduced on 1866-04-24 10:00:00 - ADOPT_PROPOSAL - e843084) [view current proposal at this moment]
  • Motion to Recommend the Passage of H. R. 437, and That It be Printed and Recommitted (introduced on 1866-04-24 10:00:00 - PROCEDURE - e843088) [view current proposal at this moment]
    • None (introduced on 1866-04-24 10:00:00 - ADOPT_PROPOSAL - e843090) [view current proposal at this moment]