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  1. Overview: United States Fourteenth Amendment & The Civil Rights Act of 1866
  2. Full Record: United States Fourteenth Amendment & The Civil Rights Act of 1866
  3. Committee:The House of Representatives
  4. Session: 1866-03-01 12:00:00
  5. Event type: CREATE_FROM

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.

The House of Representatives

The House of Representatives of the Thirty-Ninth Session of Congress

The Committee Secretary's View The Committee Secretary's View

To see the full record of a committee, click on the corresponding committee on the map below.

Document introduced in:

Session 5583: 1866-03-01 12:00:00

The House consider S. 61

Document View:

S. 61

Shown with amendment 'S. 61: Mr. Latham's Substitute ' (e901582)

(Showing state at moment e665361)
There are 5 proposed amendments related to this document on which decisions have not been taken.
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A BILL

To protect all persons in the United States in their civil rights, and furnish the means of their vindication.

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 tantxed, are hereby declared to be citizens of the United States, without distinction of color, and there shall be no discrimination in civil rights or immunities among the citizens of the United States in any State or Territory of the United States on account of race, color, or previous condition of slavery; 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 equalthe same rights to make and enforce contracts, to sue, be parties and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, as is enjoyed by white citizens, and to full and equal benefit of all laws and proceedings for the security of person and property, and shall be subject to equalike punishments, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

SEC. 2. And be it further enacted, That the Uniany person who under color of any law, statute, ordinance, regulation, or custom, shall subject or cause to be subjected any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment courtsfor crime whereof the party shall takhave been duly cognizance and have original jurnvicted, 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 of shall causes, civil, be punished by fine not exceeding one thousand criminal, arising between inhabitandollars, 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 anythe United State or Territory, whenever it shall appear bys, 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 also, concurrently with the circuit courts of the plaintiff, or his attorney or counsel,United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts and judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this a distincct, and if any suit or prosecution made by th, civil or criminal, has been or shall be commenced in any State or other local laws, touching the mattercourt 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 controversylor of authority derived from this act, or the act establishing a Bureau for the plaintiff'sRelief of Freedmen and Refugees, and all acts amendatory thereof, such defendant shall have the right to remove such cause depends, either wholly orfor trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hupondred and sixty-the tesree. The jurisdictimon in civil and criminal matters hereby of witnconferred on the district and circuit courts of the United States shall be exercised and enforced in conformity who are, byith the laws of the United States, so far as such Statlaws are suitable to carry other loca same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisqualifiedions necessary to furnish suitable remedies, and punish offences against law, the common law, as modified and achanged by the constitution and statutes of anythe State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not incons menistent with the Constitution and laws of the United States, shall be extended to and govern said courts in the first trial and disposition of such cause, and if of a criminal nature, in the infliction of punishment on this acte party found guilty.

SEC. 34. And be it further enacted, That ifthe district attorneys, marshals, and deputy marshals of the Unit or proseed States, the commissioners appointed by the circuit and territorial courts of the United States, civil or crwith powers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents beof the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, commenced in anyand they are hereby, specially authorized and required, at the expense of the United State courts, to institute proceedings against all and every such inhabitanperson who shall violate the provisions of this act, against whond cause him or them to be arrested and impriscrimination touchingoned, or bailed, as the case may be, for trial before such court of the mUnited States or ters in controversritorial court as by this made, or if anyact has cognizance of the defendant's witnesses aoffence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without disqualified by such Statinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, and to the prompt discharge of ther local law on account duties of this act, it shall be the duty of the circuit courts of the United States anyd the superior courts of the conditions mentioneterritories of the United States, from time to time, to increase the number of commissioners so as to afford a speedy and convenient means for the first secarrest and examination of persons charged with a violation of this act,; and such defendant scommissioners are hereby authorized and required to exercise and discharge all havethe powers and duties conferred upon the right to remove such cause fm by this act, and the same duties with regard to offenses created by this act that they are authorized by law trialo exercise with reference to offenses against the properlaws of the United States district or circuit court in.

SEC. 5. And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; anned should any marshal or deputy marshal rescribed by the "act relatingfuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, beas corpu fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And regulating judicial proceedings in certain cases"the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties, respectively, to approved Maroint in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and othree, eighteen huer process as may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant or process as aforesaid shall have authorixty- to summon and call to threir aid the, bystand proceedings iers or posse comitatus of the proper county, or such portion of the land or naval forces of the United States courts, under, or of the militia, as may be necessary to the provisionserformance of the duty with which they are charged, and to insure a faithful observance of the clause of this act,e Constitution which prohibits shallavery, in conform toity with the provisions of saidthis act of March three, eighteen hundred and sixty-, and said warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued.

SEC. 46. And be it further enacted, That the jurisdicany person who shall knowingly and wilfully obstruct, hinder, or prevent any officer, or other person charged with the execution in ciof any warrant or process issued under the provisions of this act, or any person or persons lawfully and criminalssisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such perebson from the custody of the officer, other personf or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, direct and circuit courts of the United Staly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exercisedceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offence may have been committed, or before the proper court of criminal jurisdictionformity, if committed within any one of the laworganized Territories of the United States.

SEC. 7. And be it further enacted, so far as such laws are suitable to carryThat the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts, shall be paid for their services the like fees as may be into effect; butallowed to them for similar services in other cases; and in all cases where such lawthe proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident to such arrest and examination. The person or persons authorized to execute the object, or are deficient process to be issued by such commissioners for the arrest of offenders against the provisions of this act, shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other furnisees as may be deemed reasonable by such commissioner for such other additionabl services as may be necessarily performed by him or them, such as attend punish offencesing at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and untilaw, the final determination of such commission law,er, and in general for performing such other duties as modified anday be required in the premises; such fees to be made up in conformity with the fees usually chanrged by the constitution and statofficers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United State whereis, on the court having jurisdiction ofertificate of the judge of the district within which the cause, civil or criminal, is held, so far asarrest is made, and to be recoverable from the defendant as part of the sajudgment is not inconsistent wn case of conviction.

SEC. 8. And be ith furthe Constitution and lawsr enacted, That whenever the President of the United States, and are app shall have reason to believe that offences have been or are likely to personsbe committed against whom suchthe provisions of this act within any judicial district, it shall be lawful for him, ina his discretion is not mad, to direct the judge, marshall be extended, and district attorney, of such district, to attend govern said courtat such place, within the district, and for such time as he may designate, for the trialpurpose of the more speedy arrest and dispostrial of persons charged with a violation of such causethis act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend if of a crat the place and for the time thereinal designated.

SEC. 9. And be it further enacted, That int shall be lawful for the inflictiPresident of the United States, or such person as he may empower for that punishmentrpose, to employ such part of the land or naval forces of the part, if found guiltyUnited States, or of the militia, as shall be necessary, to prevent the violation and enforce the due execution of this act.

Decisions yet to be taken

  • S. 61 (introduced on 1866-03-01 12:00:00 - CREATE_FROM - e843639) [This document]
    • S. 61: Mr. Wilson's Fifth Amendment (introduced on 1866-03-02 12:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e843665)
      • Renewal of the Motion to Recommit S. 61 (introduced on 1866-03-08 12:00:00 - PROCEDURE - e843681)
        • Motion for the Yeas and Nays on the Motion to Recommit S. 61 (introduced on 1866-03-09 12:00:00 - PROCEDURE - e665361) [This moment shown]
    • S. 61: Mr. Latham's Substitute (introduced on 1866-03-07 12:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e901582) [This amendment shown]
    • S. 61: Mr. Wilson's Sixth Amendment (introduced on 1866-03-08 12:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e843680)
      • Renewal of the Motion to Recommit S. 61 (introduced on 1866-03-08 12:00:00 - PROCEDURE - e843681)
        • Motion for the Yeas and Nays on the Motion to Recommit S. 61 (introduced on 1866-03-09 12:00:00 - PROCEDURE - e665361) [This moment shown]
    • Renewal of the Motion to Recommit S. 61 (introduced on 1866-03-08 12:00:00 - PROCEDURE - e843681)
      • Motion for the Yeas and Nays on the Motion to Recommit S. 61 (introduced on 1866-03-09 12:00:00 - PROCEDURE - e665361) [This moment shown]

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