An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication.
Be it enacted . . ., That all persons born in the United States and not
subject to any foreign power, excluding Indians not taxed, are hereby
declared to be citizens of the United States; 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 the same
right, in every State and Territory in the United States, to make and
enforce contracts, to sue, be parties, and give evidence, to inherit,
purchase, lease, sell, hold, and convey real and personal property, and
to full and equal benefit of all laws and proceedings for the security
of person and property, as is enjoyed by white citizens, and shall be
subject to like punishment, 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 any 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 for crime whereof the party shall
have been duly convicted, 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, shall be punished by fine not
exceeding one thousand dollars, or imprisonment not exceeding one year,
or both, in the discretion of the court.
SEC. 3. And be it further erected, That the district courts of the
United States, within their respective districts, shall have,
exclusively of the courts of the several States, cognizance of all
crimes and offenses committed against the provisions of this act, and
also, concurrently with the circuit courts of the United States, of all
causes, civil and criminal, affecting persons who are denied or cannot
enforce in the courts or judicial tribunals of the State or locality
where they may be any of the rights secured to them by the first
section of this act.... The jurisdiction in civil and criminal matters
hereby conferred on the district and circuit courts of the United
States shall be exercised and enforced in conformity with the laws of
the United States, so far as such laws are suitable to carry the same
into effect; but in all cases where such laws are not adapted to the
object, or are deficient in the provisions necessary to furnish
suitable remedies and punish offences against law, the common law, as
modified and changed by the constitution and statutes of the State
wherein the court having jurisdiction of the cause, civil or criminal,
is held, so far as the same is not inconsistent with the Constitution
and laws of the United States, shall be extended to and govern said
courts in the trial and disposition of such cause, and, if of a
criminal nature, in the infliction of punishment on the party found
guilty.
SEC. 4. And be it further enacted, That the district attorneys,
marshals, and deputy marshals of the United States, the commissioners
appointed by the circuit and territorial courts of the United States,
with powers of arresting, imprisoning, or bailing offenders against the
laws of the United States, the officers and agents of the Freedmen's
Bureau, and every other officer who may be specially empowered by the
President of the United States, shall be, and they are hereby,
specially authorized and required, at the expense of the United States,
to institute proceedings against all and every person who shall violate
the provisions of this act, and cause him or them to be arrested and
imprisoned, or bailed, as the case may be, for trial before such court
of the United States or territorial court as by this act has cognizance
of the offense. And with a view to affording reasonable protection to
all persons in their constitutional rights of equality before the law,
without distinction 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
the duties of this act, it shall be the duty of the circuit courts of
the United States and the superior courts of the Territories 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
arrest and examination of persons charged with a violation of this act
. . .
* * * * * * * *
SEC. 8. And be it further enacted, That whenever the President of the
United States shall have reason to believe that offenses have been or
are likely to be committed against the provisions of this act within
any judicial district, it shall be lawful for him, in his discretion,
to direct the judge, marshal, and district attorney of such district to
attend at such place within the district, and for such time as he may
designate, for the purpose of the more speedy arrest and trial of
persons charged with a violation of this act; and it shall be the duty
of every judge or other officer, when any such requisition shall be
received by him, to attend at the place and for the time therein
designated.
SEC. 9. And be it further enacted, That it shall be lawful for the
President of the United States, or such person as he may empower for
that purpose, to employ such part of the land or naval forces of the
United States, or of the militia, as shall be necessary to prevent the
violation and enforce the due execution of this act.
SEC. IO. And be it further enacted, That upon all questions of law
arising in any cause under the provisions of this act a final appeal
may be taken to the Supreme Court of the United States.
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