1866 Civil Rights · Founding Made Plain

11866 Civil Rights Act

2April 9, 1866 A.D.

3An Act to protect all Persons

4 in the United States

5 in their Civil Rights,

6 and furnish the Means of their Vindication.

7Be it enacted

8 by the Senate and House of Representatives

9 of the United States of America

10 in Congress assembled,

11That all persons born in the United States

12 and not subject to any foreign power,

13 excluding Indians not taxed,

14 are hereby declared to be citizens

15 of the United States;

16and such citizens,

17 of every race and color,

18 without regard to any previous condition

19 of slavery or involuntary servitude,

20 except as a punishment for crime

21 whereof the party shall have been

22 duly convicted,

23 shall have the same right,

24 in every State and Territory

25 in the United States,

26 to make and enforce contracts,

27 to sue, be parties, and give evidence,

28 to inherit, purchase, lease, sell, hold,

29 and convey real and personal property,

30 and to full and equal benefit

31 of all laws and proceedings

32 for the security of person and property,

33 as is enjoyed by white citizens,

34 and shall be subject to like punishment,

35 pains, and penalties,

36 and to none other,

37 any law, statute, ordinance, regulation,

38 or custom,

39 to the contrary notwithstanding.

40Sec. 2. And be it further enacted,

41That any person who,

42 under color of any law, statute, ordinance,

43 regulation, or custom,

44 shall subject, or cause to be subjected,

45 any inhabitant of any State or Territory

46 to the deprivation of any right

47 secured or protected by this act,

48 or to different punishment, pains, or penalties

49 on account of such person having at any time

50 been held in a condition of slavery

51 or involuntary servitude,

52 except as a punishment for crime

53 whereof the party shall have been

54 duly convicted,

55 or by reason of his color or race,

56 than is prescribed

57 for the punishment of white persons,

58 shall be deemed guilty of a misdemeanor,

59 and, on conviction, shall be punished

60 by fine not exceeding one thousand dollars,

61 or imprisonment not exceeding one year,

62 or both,

63 in the discretion of the court.

64Sec. 3. And be it further enacted,

65That the district courts of the United States,

66 within their respective districts,

67 shall have, exclusively of the courts

68 of the several States,

69 cognizance of all crimes and offences

70 committed against the provisions of this act,

71 and also, concurrently

72 with the circuit courts of the United States,

73 of all causes, civil and criminal,

74 affecting persons who are denied

75 or cannot enforce

76 in the courts or judicial tribunals

77 of the State or locality where they may be

78 any of the rights secured to them

79 by the first section of this act;

80and if any suit or prosecution, civil or criminal,

81 has been or shall be commenced in any State court,

82 against any such person,

83 for any cause whatsoever,

84 or against any officer, civil or military,

85 or other person,

86 for any arrest or imprisonment,

87 trespasses, or wrongs done or committed

88 by virtue or under color of authority

89 derived from this act

90 or the act establishing a Bureau

91 for the relief of Freedmen and Refugees,

92 and all acts amendatory thereof,

93 or for refusing to do any act

94 upon the ground

95 that it would be inconsistent with this act,

96 such defendant shall have the right

97 to remove such cause for trial

98 to the proper district or circuit court

99 in the manner prescribed by the

100 "Act relating to habeas corpus

101 and regulating judicial proceedings

102 in certain cases,"

103 approved March three,

104 eighteen hundred and sixty-three,

105 and all acts amendatory thereof.

106The jurisdiction in civil and criminal matters

107 hereby conferred

108 on the district and circuit courts

109 of the United States

110 shall be exercised and enforced

111 in conformity with the laws of the United States,

112 so far as such laws are suitable

113 to carry the same into effect;

114but in all cases where such laws are not adapted

115 to the object,

116 or are deficient in the provisions necessary

117 to furnish suitable remedies

118 and punish offences against law,

119 the common law,

120 as modified and changed

121 by the constitution and statutes of the State

122 wherein the court having jurisdiction

123 of the cause, civil or criminal, is held,

124 so far as the same is not inconsistent

125 with the Constitution and laws

126 of the United States,

127 shall be extended to and govern said courts

128 in the trial and disposition of such cause,

129 and, if of a criminal nature,

130 in the infliction of punishment

131 on the party found guilty.

132Sec. 4. And be it further enacted,

133That the district attorneys, marshals,

134 and deputy marshals of the United States,

135 the commissioners appointed

136 by the circuit and territorial courts

137 of the United States,

138 with powers of arresting, imprisoning,

139 or bailing offenders

140 against the laws of the United States,

141 the officers and agents of the Freedmen’s Bureau,

142 and every other officer

143 who may be specially empowered

144 by the President of the United States,

145 shall be, and they are hereby,

146 specially authorized and required,

147 at the expense of the United States,

148 to institute proceedings

149 against all and every person

150 who shall violate the provisions of this act,

151 and cause him or them

152 to be arrested and imprisoned, or bailed,

153 as the case may be,

154 for trial before such court of the United States

155 or territorial court

156 as by this act has cognizance of the offence.

157And with a view to affording reasonable protection

158 to all persons

159 in their constitutional rights

160 of equality before the law,

161 without distinction of race or color,

162 or previous condition of slavery

163 or involuntary servitude,

164 except as a punishment for crime,

165 whereof the party shall have been

166 duly convicted,

167 and to the prompt discharge

168 of the duties of this act,

169 it shall be the duty

170 of the circuit courts of the United States

171 and the superior courts of the Territories

172 of the United States,

173 from time to time,

174 to increase the number of commissioners,

175 so as to afford a speedy and convenient means

176 for the arrest and examination

177 of persons charged with a violation

178 of this act;

179and such commissioners

180 are hereby authorized and required

181 to exercise and discharge

182 all the powers and duties conferred on them

183 by this act,

184 and the same duties

185 with regard to offences created by this act,

186 as they are authorized by law to exercise

187 with regard to other offences

188 against the laws of the United States.

189Sec. 5. And be it further enacted,

190That it shall be the duty

191 of all marshals and deputy marshals

192 to obey and execute

193 all warrants and precepts

194 issued under the provisions of this act,

195 when to them directed;

196and should any marshal or deputy marshal

197 refuse to receive such warrant or other process

198 when tendered,

199 or to use all proper means diligently

200 to execute the same,

201 he shall, on conviction thereof,

202 be fined in the sum of one thousand dollars,

203 to the use of the person

204 upon whom the accused is alleged

205 to have committed the offense.

206And the better to enable the said commissioners

207 to execute their duties faithfully and efficiently,

208 in conformity with the Constitution

209 of the United States

210 and the requirements of this act,

211 they are hereby authorized and empowered,

212 within their counties respectively,

213 to appoint, in writing, under their hands,

214 any one or more suitable persons,

215 from time to time,

216 to execute all such warrants and other process

217 as may be issued by them

218 in the lawful performance

219 of their respective duties;

220and the persons so appointed

221 to execute any warrant or process as aforesaid

222 shall have authority

223 to summon and call to their aid

224 the bystanders or posse comitatus

225 of the proper county,

226 or such portion of the land or naval forces

227 of the United States, or of the militia,

228 as may be necessary to the performance

229 of the duty with which they are charged,

230 and to insure a faithful observance

231 of the clause of the Constitution

232 which prohibits slavery,

233 in conformity with the provisions

234 of this act;

235and said warrants shall run and be executed

236 by said officers anywhere

237 in the State or Territory

238 within which they are issued.

239Sec. 6. And be it further enacted,

240That any person who shall knowingly and willfully

241 obstruct, hinder, or prevent any officer,

242 or other person charged with the execution

243 of any warrant or process

244 issued under the provisions of this act,

245 or any person or persons lawfully assisting

246 him or them,

247 from arresting any person

248 for whose apprehension

249 such warrant or process may have been issued,

250 or shall rescue or attempt to rescue such person

251 from the custody of the officer,

252 other person or persons,

253 or those lawfully assisting as aforesaid,

254 when so arrested pursuant to the authority

255 herein given and declared,

256 or shall aid, abet, or assist any person

257 so arrested as aforesaid,

258 directly or indirectly,

259 to escape from the custody of the officer

260 or other person legally authorized

261 as aforesaid,

262 or shall harbor or conceal any person

263 for whose arrest a warrant or process

264 shall have been issued as aforesaid,

265 so as to prevent his discovery and arrest

266 after notice or knowledge of the fact

267 that a warrant has been issued

268 for the apprehension of such person,

269 shall, for either of said offences,

270 be subject to a fine

271 not exceeding one thousand dollars,

272 and imprisonment not exceeding six months,

273 by indictment and conviction

274 before the district court of the United States

275 for the district

276 in which said offense

277 may have been committed,

278 or before the proper court

279 of criminal jurisdiction,

280 if committed within any one

281 of the organized Territories

282 of the United States.

283Sec. 7. And be it further enacted,

284That the district attorneys, the marshals,

285 their deputies,

286 and the clerks of the said district

287 and territorial courts

288 shall be paid for their services the like fees

289 as may be allowed to them

290 for similar services in other cases;

291and in all cases where the proceedings

292 are before a commissioner,

293 he shall be entitled to a fee of ten dollars

294 in full for his services in each case,

295 inclusive of all services incident

296 to such arrest and examination.

297The person or persons authorized to execute

298 the process to be issued by such commissioners

299 for the arrest of offenders

300 against the provisions of this act

301 shall be entitled to a fee of five dollars

302 for each person he or they may arrest

303 and take before any such commissioner

304 as aforesaid,

305 with such other fees as may be deemed reasonable

306 by such commissioner

307 for such other additional services

308 as may be necessarily performed

309 by him or them,

310 such as attending at the examination,

311 keeping the prisoner in custody,

312 and providing him with food and lodging

313 during his detention,

314 and until the final determination

315 of such commissioner,

316 and in general for performing such other duties

317 as may be required in the premises;

318 such fees to be made up in conformity

319 with the fees usually charged

320 by the officers of the courts of justice

321 within the proper district or county,

322 as near as may be practicable,

323 and paid out of the Treasury of the United States

324 on the certificate of the judge of the district

325 within which the arrest is made,

326 and to be recoverable from the defendant

327 as part of the judgment in case of conviction.

328Sec. 8. And be it further enacted,

329that whenever the President of the United States

330 shall have reason to believe

331 that offences have been

332 or are likely to be committed

333 against the provisions of this act

334 within any judicial district,

335 it shall be lawful for him, in his discretion,

336 to direct the judge, marshal,

337 and district attorney of such district

338 to attend at such place within the district,

339 and for such time as he may designate,

340 for the purpose of the more speedy arrest

341 and trial of persons charged

342 with a violation of this act;

343and it shall be the duty of every judge

344 or other officer,

345 when any such requisition shall be received by him,

346 to attend at the place

347 and for the time therein designated.

348Sec. 9. And be it further enacted,

349that it shall be lawful

350 for the President of the United States,

351 or such person as he may empower for that purpose,

352 to employ such part of the land or naval forces

353 of the United States, or of the militia,

354 as shall be necessary

355 to prevent the violation

356 and enforce the due execution of this act.

357Sec. 10. And be it further enacted,

358That upon all questions of law

359 arising in any cause

360 under the provisions of this act

361 a final appeal may be taken

362 to the Supreme Court of the United States.

363SCHUYLER COLFAX,

364 Speaker of the House of Representatives

365LAFAYETTE S. FOSTER,

366 President of the Senate, pro tempore.

367In the Senate of the United States, April 6, 1866.

368The President of the United States having returned

369 to the Senate, in which it originated,

370 the bill entitled

371 "An act to protect all persons

372 in the United States

373 in their civil rights,

374 and furnish the means of their vindication,"

375 with his objections thereto,

376 the Senate proceeded,

377 in pursuance of the Constitution,

378 to reconsider the same; and,

379Resolved, That the said bill do pass,

380 two-thirds of the Senate agreeing to pass the same.

381Attest:

382J.W. Forney,

383 Secretary of the Senate.

384In the House of Representatives U.S.

385 April 9th, 1866.

386The House of Representatives having proceeded,

387 in pursuance of the Constitution,

388 to reconsider the bill entitled,

389 "An act to protect all persons

390 in the United States

391 in their civil rights,

392 and furnish the means of their vindication,"

393 returned to the Senate by the President

394 of the United States,

395 with his objections,

396 and sent by the Senate

397 to the House of Representatives,

398 with the message of the President

399 returning the bill:

400Resolved, That the bill do pass,

401 two-thirds of the House of Representatives

402 agreeing to pass the same.

403Attest:

404Edward McPherson, Clerk,

405 by Clinton Lloyd, Chief Clerk.