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Session 10542: 1871-12-18 12:00:00

H. R. 734 is proposed and referred to the Committee on the Judiciary; the Committee of Elections reports a resolution on the Texas contested election case of Clarke vs. Giddings

The Civil Rights Act of 1875

The House of Representatives

Session 10542: 1871-12-18 12:00:00

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H. R. 734

There are 0 proposed amendments related to this document on which decisions have not been taken.

A Bill

Supplementary to an act entitled “An act to protect all citizens of the United States in their civil rights, and to furnish the means of their vindication,” passed April 9, 1866, and to remove all legal and political disabilities imposed by the third section of the fourteenth amendment to the Constitution of the United States, for participation, and so forth, in the late rebellion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of each House concurring therein,) That all citizens of the United States, without distinction of race, color, or previous condition of servitude, are entitled to the equal and impartial enjoyment of any accommodation, advantages, facility, or privilege furnished by common-carriers, whether on land or water, by inn-keepers, by licensed owners, managers, or lessees of theaters or other places of public amusement; by trustees, commissioners, superintendents, teachers, or other officers of common-schools and other public institutions of learning, the same being supported or authorized by law; by trustees or officers of church organizations, cemetery associations, and benevolent institutions incorporated by national or State authority; and this right shall not be denied or abridged on any pretense of race, color, or previous condition of servitude.

SEC. 2. That any person violating the foregoing provision, or aiding in its violation, or inciting thereto, shall, for every such offense, forfeit and pay the sum of five thousand dollars to the person aggrieved thereby, to be recovered in an action on the case, with full costs, and such allowance for counsel fees as the court shall deem just; and shall also for every such offense be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five thousand nor more than one thousand, and shall be imprisoned not less than thirty days nor more than one year. And any corporation, association, or individual holding a charter or license under national or State authority violating the aforesaid provision shall, upon conviction thereof, forfeit such charter or license; and any person assuming to use or continuing to act under such charter or license thus forfeited, or aiding in the same, or inciting thereto, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined not less than one thousand nor more than five thousand dollars, and shall be imprisoned not less than three nor more than seven years, and both the corporate and joint property of such corporation or association, and the private property of the several individuals composing the same, shall be held liable for the forfeitures, fines, and penalties incurred by any violation of the first section of this act.

SEC. 3. That the same jurisdiction and powers are hereby conferred, and the same duties enjoined upon the courts and officers of the United States in the execution of this act, as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an act entitled “An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication,” passed April 9, 1866; and these sections are hereby made a part of this act; and any of the aforesaid officers failing to institute and prosecute such proceedings herein required shall, for every such offense, forfeit and pay the sum of five thousand dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and such allowances for counsel fees as the court shall deem just, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars.

SEC. 4. That no person shall be disqualified for service as juror, in any court, national of State, by reason of race, color, or previous condition of servitude: Provided, That such person possess all other qualifications which are by law prescribed. And any officer or other person charged with any duty in the selection or summoning of jurors, who shall exclude or fail to summon any person for the reasons above named, on conviction thereof, shall be deemed guilty of a misdemeanor, and be fined not less than one thousand dollars nor more than five thousand dollars.

SEC. 5. That every law, statute, ordinance, regulation, or custom, whether national or State, inconsistent with this act, or many any discriminations against any person on account of color, by the use of the word “white,” is hereby repealed and annulled.

SEC. 6. That it shall be the duty of the judges of the several courts upon which jurisdiction is hereby conferred to give this act in charge to the grand jury of their respective courts at the commencement of each term thereof.

SEC. 7. That all legal and political disabilities imposed by the third section of the fourteenth amendment to the Constitution of the United States, for participation, and so forth, in the late rebellion, be, and the same are hereby, removed.

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