A Bill

To enforce the several provisions of the Constitution abolishing slavery, declaring the immunities of citizens, and guaranteeing a republican form of government, by securing the elective franchise to citizens deprived of it by reason of race, color, or previous condition.

Whereas the Constitution of the United States abolishes slavery everywhere within the jurisdiction thereof, so that all constitutions, laws, or regulations of any State or Territory in aid of slavery, or growing out of the same, are null and void; and whereas the same Constitution, in another provision, recently adopted, declares that “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;” and whereas, also, Congress is empowered by appropriate legislation to enforce these several provisions, which cannot be done without securing the elective franchise to citizens who have been slaves, or who are the descendants of slaves, or who are deprived of equal rights by reason of race or color; and whereas, further, it is expressly declared in the Constitution that the United States shall guarantee to every State in the Union a republican form of government, and it is plain that any inequality of rights is inconsistent with a republican form of government and the promises of the Declaration of Independence: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen of the United States shall be deprived of the elective franchise by reason of race, color, or previous condition, but all citizens, without regard to race, color, or previous condition, shall have the right, if not otherwise disqualified, to be registered, and to vote at all elections for members of Congress, presidential electors, representatives, and senators to State or territorial legislatures, for all State, county, city, town, and other officers of every kind, upon equal terms and conditions, and every provision of any constitution, statute, and ordinance, and every custom in any State or Territory inconsistent herewith, are declared null and void.

SEC. 2. And be it further enacted, That any person who willfully hinders or obstructs, or attempts to hinder or obstruct, any citizen on the pretence of race, color, or previous condition from being registered or voting at any time when he is so entitled, according to the foregoing section, shall be punished by a fine not less than one hundred nor more than three thousand dollars, or by imprisonment in the common jail for not less than thirty days nor more than one year.

SEC. 3. And be it further enacted, That every personal legally engaged in preparing a register of voters, or in holding or conducting an election, to which the first section of this bill is applicable, who wilfully refuses to register the name or to receive, count, return, or otherwise give the proper legal effect to the vote of any citizen on the pretence of race, color, or previous condition, shall be punished by a fine not less than five hundred nor more than four thousand dollars, or by imprisonment in the common jail for not less than three calendar months nor more than two years.

SEC. 4. And be it further enacted, That the district courts of the United States, within their respective districts, shall have exclusive jurisdiction of all offences committed against this act; and 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 any person who violates the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United State or territorial court as by this act has cognizance of the offence.

SEC. 5. And be it further enacted, That every citizen unlawfully deprived of the right to be registered or to vote, on the pretence of race, color, or previous condition, may maintain a suit against any person so depriving him, and recover damages in the district court of the United States for the district in which such person may be found.

• S. 650 (introduced on 1869-01-15 12:00:00 - CREATE_FROM - e847753) [This document]

• S. 650 (introduced on 1869-01-15 12:00:00 - CREATE_FROM - e847753) [This document] [view current proposal at this moment]