144 



CONGRESS, UNITED STATES. 



cers of common schools and other public institutions 

 of learning, the same being supported or authorized 

 by law ; by trustees or officers of church organiza- 

 tions, cemetery associations, and benevolent institu- 

 tions incorporated by national or State authority ; 

 and this right shall not be denied or abridged on any 

 pretence of race, color, or previous condition of ser- 

 vitude. 



g EC> . That any person violating the foregoing 

 provision, or aiding in its violation, or inciting 

 thereto, shall for every such offence forfeit and pay 

 the sum of $500 to the person aggrieved thereby, to 

 be recovered on 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 offence 

 be deemed guilty of a misdemeanor, and upon con- 

 viction thereof shall be fined not less than $500 nor 

 more than $1,000, 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, shallj upon con- 

 viction thereof, forfeit such charter or license ; and 

 any person assuming to use or continuing to act 

 under such charter or license thus forfeited, or aid- 

 ing in the same, or inciting thereto, shall, upon con- 

 viction thereof, be deemed guilty of a misdemeanor, 

 and shall be fined not less than $1,000 nor more than 

 $5,000, and shall be imprisoned not lees than three 

 nor more than seven years ; and both the corporate 

 and joint property of such corporation or associa- 

 tion, and the private property of the several indi- 

 viduals composing the same, shall be held liable for 

 the forfeitures, fines, and penalties incurred by any 

 violation of the section of this act. 



SEC. . 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 vindica- 

 tion," passed April 9, 1866, and these sections are 

 hereby made a part of this act ; and any of the afore- 

 said officers failing to institute and prosecute such 

 proceedings herein required shall for every such 

 offence forfeit and pay the sum of $500 to the person 

 aggrieved thereby, to be recovered by an action on 

 the case, with full costs and such allowance for coun- 

 sel-fees as the court shall deem just, and shall on 

 conviction thereof be deemed guilty of a misde- 

 meanor, and be fined not less than $1,000 nor more 

 than $5,000. 



SEC. . That no person shall be disqualified for 

 service as juror in any court, national or State, by 

 reason of race, color, or previous condition of servi- 

 tude : Provided, That such person possesses all other 

 qualifications which are by law prescribed ; and any 

 officer or other persons charged with any duty in 

 the selection or summoning of jurors, who shall ex- 

 clude or fail to summon any person for the reason 

 above named, shall, on conviction thereof, be deemed 

 guilty of a misdemeanor, and be fined not less than 

 $1,000 nor more than $5,000. 



SEO. . That every law, statute, ordinance, regu- 

 lation, or custom, whether national or State, incon- 

 sistent with this act, or making any discrimina- 

 tions against any person on account of color, by the 

 use of the word * white," is hereby repealed and 

 annulled. 



SEC. . 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. 



Mr. Morton said: "Upon conference with 

 several Senators, I am willing to modify my 

 amendment so as to make it stop where it 



concludes with a reference to officers of the 

 United States, so as not to include persons 

 elected or appointed to office under any State. 

 The Secretary will read it as modified." 

 The Chief Clerk read as follows : 



And provided further, That this act shall not be 

 construed to relate back to or validate the election or 

 appointment of any person to the position of Senator 

 or Kepresentative in Congress, or to any office, civil 

 or military, under the United States. 



Mr. Trumbull, of Illinois, said : " I wish to 

 be informed by the Chair whether I am cor- 

 rect in supposing that the amendment of the 

 Senator from Massachusetts is not before the 

 Senate. Is that proposition before the Senate 

 as an amendment to this bill ? " 



The Presiding Officer : " It is not. There 

 is another amendment before the Senate." 



Mr. Trumbull : " Here is a bill that passed 

 the House of Representatives some eight or 

 nine months ago by more than a three-fourths 

 vote, if I recollect aright; it has lain upon 

 our table during one entire session, and now 

 we are in the second session of this Congress, 

 about to take a recess for several weeks, and 

 all sorts of amendments are being suggested 

 to this bill. I confess, Mr. President, that it 

 is not just such a bill as I would like to see 

 passed ; but I believe that the time has come, 

 according to the general understanding of the 

 people of this country, in the opinion of the 

 President of the United States, in the opinion, 

 as I understand, of those Senators represent- 

 ing Southern States where these disabilities 

 exist, when they ought to be removed. "We 

 are near the close of the year, and no more 

 acceptable Christmas present could be ex- 

 tended to the Southern people than the pas- 

 sage of this bill relieving from the disability 

 of the right to hold office such persons as the 

 people shall see proper to elect or the Presi- 

 dent shall think proper to appoint, with cer- 

 tain exceptions. 



" The bill is not as general as some would 

 desire it to be ; it is perhaps more general 

 than others would prefer ; but it is a bill that 

 has passed the House of Representatives. We 

 all profess to believe, especially my friend 

 from Massachusetts, in equality among the 

 citizens of this country. Now, here is a bill 

 placing upon an equality, so far as the right 

 to hold office is concerned, those who have 

 been disqualified by reason of their participa- 

 tion in the rebellion. Upon the principles of 

 equality, which he so eloquently advocates, I 

 am snre he can hardly refrain from giving it 

 his support. Now, I appeal to him not to 

 press his amendment, and to the Senator from 

 Indiana not to press his. If any thing at all is 

 to be done this year, it must be done upon this 

 bill as it comes to us from the House of Rep- 

 resentatives. The amendment of the Senator 

 from Indiana would probably apply to but 

 very few persons ; in fact, I do not know that 

 it would apply to more than one. I ask him 

 if it is best to hazard the passage of this bill 



