United States Fourteenth Amendment & The Civil Rights Act of 1866

An amendment to the Constitution of the United States that granted citizenship and equal rights, both civil and legal, to Black Americans, including those who had been emancipated by the thirteenth amendment.

House Committee on the Judiciary

The Committee on the Judiciary of the House of Representatives for the Thirty-Ninth Session of Congress.

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Document introduced in:

Session 13160: 1866-04-06 10:00:00

H. R. 437 is sent to the committee where it is considered and postponed

Document View:

H. R. 437

Shown with amendment 'H. R. No. 437: Committee Substitute' (e843082)

There are 0 proposed amendments related to this document on which decisions have not been taken.
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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 samlike 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 to 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 killmurder such citizen, every such person shall, upon conviction, suffer death, or be fined in; and every such person, their counsellors, aiders and abettors, sum not less than one thousand dollars, and imprisoned not lhall, moreover, be liable, as in the last section provided, to the personal representatives of than one year, ate person killed, for the damages, both in the discretionloss of said life, and double the amount of the court, and accorddamages otherwise arising to the aggravation of theheirs of said deceased from said offence.

SEC. 4. 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 enumerated in the third section of this act shall commit the crime of manslaughter against the person of such citizen; or 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 persons, 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——within —— years next after the person injured shall have been a residelast come int 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 Terrdistrict where such offence was commitory 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 entitle; and to the benefit of the perovisions of this who, act.

SEC. 6. And be it further enactimed, That, in all prosecutions for offences made punishable undershe may claim the provisionbenefits 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 defe not recognize andant, 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 er full and true allegiance and obedience to such governmentered of record; and if the acquittal walaws ofor the reason last aforesaid the accusedUnited States, shall, by order of the court, be surrendered for further prosecution to the proper authorities oftled to the State where the offence was commbenefitted.

SEC. [6]. And be it further enacted, That the enumeration of the priovileges 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.

Decisions yet to be taken

None

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