New national era. [volume] (Washington, D.C.) 1870-1874, 1871-04-13

Passage of Mr.. Sheussarger's BilI by {

, Inc ioiiowlng IL copy OF the bill as lt passe
the House
A Bill to enforce the provisions of the four
teenth amendment to the Constitution OF th
United States, and for other purposes.
he u enacted bJ the Senate and House n
Representatives Of the United States Of ARle
r'cd IN Congress assembled, That any person
Who under color of any law statute, ordinance
regulation, custom, or use of any State, shall
subject, or cause to be subjected, anv person
within the jurisdiction of the United States &c
the deprivation Of any rights, privileges, OF
lmmunitles secured by the Constitution of the
United States, shall, any such law, statute.
ordinance, regulation, custom, or usage Of the
state TO the contrary Notwithstanding, be liable
TO the party injured in action at law, suit in
equity, or other proper proceeding for redress ;
such proceeding 10 be prosecuted in the several
district or circuit courts of the United States.
with and subject to the same rights of appeal,
review upon error, and other remedies provided
IN ike cases IN such courts, under the provi-
sions OF the act of the ninth of April, eighteen
nnnored and si1ty-six, entitled An act to
protect all persons in the United States in their
civil rights, and to furnish the means of their
vlndlcahon, and the other remedial laws of
the United States which are in their nature
applicable In such cases.
SEC. :. That if two or more persons within
any State or Territory of the United States
snail consplre together to overthrow. or to put
down, or to destroy by force the Government
OF the United States, or to levy war against
the United States, or to oppose by force the
authority of the Government of the United
states, or by force, intimidation, or threat to
prevent, hinder, or delay the execution of any
law OF the United States, or by force to seize,
TAKE, or possess any property of the United
fhn noI Al
thorlty OF the United States, or by force. in
tlmldation. or threat to prevent any person
from accepting or holding any office of trust or
place OF confidence under the United States. or
from dlscharglng the duties thereof, or by force,
intimidation, or threat TO induce any officer of
the United states to leave any State, district,
or place where his duties as such officer might
lawfully be performed, or to iniure him in his
person or property on account of his lawful
discharge OF the duties of his office, or by force,
intimidation, or threat TO deter any witness in
any court of the United States from testifying
In any matter pending in such court fully,
freeiy, and truthfully, or to injure any such
witness in dis person or property on account of
MS having so testified, or by force, intmida-
ton, or threat to influence the verdict, pre-.
sentiment or indictment of any juror or grand
Juror In any court of the United States, or TO
inJure such juror in his person or property on
account OF any verdict, presentment, or ndict-
ment lawfully assented to by him, or shall con
spire together, or 60 in disguise upon the
public highway, or upon the premises of an
other, for the purpose, either directly or indi-
rectiy, OF depriving any person or any class of
persons OF the equal protection Of the laws or
OF equal privileges or immunities under the laws.
or for the purpose of preventing or hindering the
constituted authorities of any State from giving
rfnfr Oo1I 81, L
equal protection of the laws, or TO iniure any
person in his person or his property for law
fully enforcing the right of any person or class
OF persons to the equal protection Of the laws,
each and every person so offending shall be
deemed guilty of high crime, and upor con-
vlction thereof in any district or circuit court
OF the United States or district or supreme
court of any Territory of the United States
having jurisdiction of similar ofenses, shall be
punished by fine not less than five hundred
nor more than five thousand dollars. or by i'm
prlsonment, with or without hard labor, as the
court may determine, for a period Of not less
than six months nor more than six years, as
the court may determine, or by both such fine
and imprisonment IA the court shall determine
And if any one or more persons engaged in any
conspiracy, such as is defined in this section,
shall do, or cause to be done, any act in fur
therance of the object of such conspiracy,
whereby any person shall be injured in his per
son or propesty, or deprived of having and ex.
ercislng any right or privilege of citizen of
the United States, the person so injured or de-
prived OF such rights and privileges may have
and maintain an action for the recovery of
damages occasioned by such injury or depriva-
ton of rights and privileges against any one
or more of the persons engaged in such con.
spiracy, such action to be prosecuted in the
proper district or circuit court of the United
States with and subject to the same rights of
appeal, review upon error, and other remedies
provided In like cases in such courts under the
provisions Of the act of April ninth. eighteen
hundred and slxty-six, entitled "Au act to pro.
tect all persons in the United States in their
civil rights and TO furnish the means for their
SEC. 3. That in all cases where instruction,
domestic violence, unlawful combinations, or
in any State shall so far obstruct
or hinder the execution Of the laws thereof, and
of the United States, as to deprive any portion
or class of the people of such State of any of the
rights, privileges or immunites named in and
secured by this act, and the constituted author
tiles OF such State shall either be unable to pro-
teet or shall, from any cause, fail in or refuse
protection of the people of such rights, and
shall fail or neglect through the proper author
tiles, to apply to the President of the United
States for aid in that behalf, such facts shall be
deemed denial by such State of the equal
protection of the laws to which they are emit
tied under the Constitution of the United
States and in all such cases it shall be lawful
Tor the President, and it shall be his duty, to
take such measures, by the employment of the
militia or the land and the naval forces of the
nlted States, or of either, or by other means,
Is he may deem necessary for the suppression OF
such instruction, domestic violence, or combi-
nations and any person who shall be arrested
lnder the provisions of this and the preceding
section shall be delivered to the marshal of the
proper district, to be dealt with according to
aw.
SEC. 4. That whenever in any State or part
Of State the unlawful ordinations named in
The preceding section of this act shall be organ
zed and armed, and so numerous and powerful
rs TO be able by violence, to either overthrow
'r set at defiance the constituted authorities of
'uch State, and of the United States within
such State, or when the constituted authorities
ire In completely with, or shall connive at the
purposes of, such powerful and armed
combinations; and whenever by reason of
,ither or all of the causes aforesaid the convic-
,on of such offenders and the preservation Of
The public safety shall become in such district
mpractcable, in every such case such combi-
nations shall be deemed a rebellion against the
Government Of the United States, and during
the continuance of such rebellion, and within
the limits of the district which shall be so I'M
der the sway thereof, such limits to be pre-
.cribed by proc lamation, IL shall be lawful for
The President of the United States, when in his
Judgment the public safety shall require it, to
suspend the privileges of the writ of habeas
corpus, to the end that such rebellion NAV be |