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Document introduced in:

Session 6609: 1869-02-03 12:00:00

The Senate proceeds to consider H. Res. 402 as in Committee of the Whole

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H. Res. 402

Shown with amendment 'H. Res. 402: Mr. Sumner's Amendment' (e867079)

(Showing state at moment e867263)
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Joint Resolution

Proposing an amendment to the Constitution of the United States.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two thirds of both Houses concurring,) That the right, to vote, to be voted for, and to hold office shall not be denied or abridged anywhere in the United States under any pretense of race or color; and all provisions in any State constitutions or in any laws, State, territorial, or municipal, inconsistent herewith are hllowing article be proposed to the Legislatures of the severeby declared null and void.

Sec. 2. That any person who, under any pretense of race or color, willfully hinders or attemptsStates as an amendment to hinder any citizethe Constitution of the United States from being registered, or from voting, or from being voted for, or from holding officewhich, or who attempts by menaces to deter any such citizen from the exercise or enjoyment offied by three rightfourths of citizenship above mentionedsaid Legislatures, shall be punisheld by a fine not less than $100 nor more than $3,000, or by imprisonment in the common jail for not less than thirty days nor more than one yearpart of said Constitution, namely:

Article —.

Sec. 3. That every person legally engaged in preparing a register of voters, or in holding or conducting an election, who willfully refuses to register the name or to receive, count, return, or otherwise give the proper legal effect to the vote of any citizen under any pretense of race or color,1. No discrimination shall be punished by a fine not less than $500 nor more than $4,000, or by imprisonmentmade in the common jail for not less than threany State calendar months nor more than two years.

Sec. 4. And be it further enacted. That the district courtg the citizens of the United States shall havin the exclusive jurisdiction of allercise offenses against this act; and the district attorneys, marshals, and deputy marshals, the elective franchise commissioners appointed by the circuight and territorial court of the United States, with powers of arresting, imprisoning, or bailing offenders, and every other officer specially empowered by the President of the Unitedi in any States, shall be, and they are hereby on account of race, colorequired, at the expense of the United States, to instituteivity, proceedings against any person who violates this act, and cause him to be arrested and impristy, educationed or bailed, as the case may be, for trial before such court as by this act has cognizance of the offensecreed.

Sec. 5. And be it further enacted, T2. The Congress shat every citizen unlawfully deprived of any of the rights of citizenship secured have power to enforce by this act under any pretense of race or color may maintain a suit against any person so depriving him, and recover damages ioper legislation the district courtprovisions of the United States for the district in which such person may be foundis article.

Decisions yet to be taken

  • H. Res. 402 (introduced on 1869-02-03 12:00:00 - CREATE_FROM - e866900) [This document]

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