city, town, or village, commissioners of roads and revenue, constables, and all other executive and administrative officers who were by law elected to office prior to the rebellion by the people of any city, county, town, village, or parish, the general duties of whose offices were restricted in their performance to such city, county, town, village, orparish : Provided, however, That the benefits of this act shall not extend to any persons, although included by the above specified classes, who resigned their seats as members of Congress, or who resigned as officers of the Army or Navy, and afterward joined the rebellion; nor to persons who voted for an ordinance of secession while members of a convention of any State which adopted such ordinance: Provided further, That all persons relieved by this act shall take and subscribe an oath of allegiance to the United States before any officer authorized to administer oaths, which said oath shall be filed in the United States district court for the district in which said persons reside.

Supplementary Civil Bights Bill.
In House.

1872, February 12—Mr. Hooper, of Massachusetts, introduced a supplement to an act to protect all citizens of the United States in their civil rights, and to furnish the means for their vindication, passed April 9, 1866; which was referred to the Committee on the Judiciary.

February 19—Mr. Frye, at the request of Mr. Hooper, introduced this bill during the morning hour under the call for resolutions: A bill supplemental to an act entitled "An

act to protect all citizens of the United

States in their civil rights, and to furnish

the means for their vindication," passed

April 9, 1866.

Beit enacted, &c, That no citizen of the United States shall, by reason of race, color, or previous condition of servitude, be excepted or excluded from the full and equal enjoyment of any accommodation, advantage, facility, or privilege furnished by inn-keepers; by common-carriers, whether on land or water; by licensed owners, managers, or lessees of theaters or other places of public amusement; by trustees, commissioners, superintendents, teachers, and other officers of common schools and other public institutions of learning, the same being supported by moneys derived from general taxation, or authorized by law; by trustees and officers of cemetery associations and benevolent institutions incorporated by national or State authority. But private schools, cemeteries, and institutions of learning established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of the original establishment.

Sec. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered in an action on the case, with full

costs, and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or shall be imprisoned not less than thirty days nor more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offense is a refusal of burial, the penalty may be recovered by the heirs at law of the person whose body has been refused burial.

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 u 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 $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.

Sec. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as juror in any court, national or State, by reason of race, color, or previous condition of servitude; and any officer or other persons charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen 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.

Sec. 5. That every discrimination against any citizen on account of color by the use of the word "white" in any law, statute, ordinance, or regulation is hereby repealed and annulled.

Mr. Eldredge moved to reject the bill; which was disagreed to—yeas 89, nays 116:

Yeas—Messrs* Acker, Adams, Arthur, Barnum, Beck, Biggs, Bird, J. G. Blair, Braxton, Bright, J. Brooks, Caldwell, Campbell, Carroll, Coghlan, Gomingo, Cox, Crebs, Critcher, Crossland, Davis, Box, Du Bose, Duke, Eldredge, Forker, Garrett, Getz, Golladay, Griffith, Haldeman, Hambleton, Hancock, Handley, Hanks, Harper, J. T. Harris, Hereford, Herndon, Hibbard, Holman, Houghton, Kendall, Kerr, King, Leach, Lewis, Manson, Marshall, McClelland, McCormick, McHenry, Mclntyre, McKinney, McNeely, Merrick, B. F. Meyers, Morgan, Niblack, H. W.Parker, E. Perry, Potter, Price, Read, E. Y. Bice, W. R. Roberts, Robinson, Rogers, Sherwood, Shober, Slater, Slocum, Sloss, R. M. Speer, Stevens, Storm, Swann, Terry, Tuthill,. Van Trump, Vaughan, Voorhees,Waddell, Wells, Whitthorne,Williams of New York, Winchester, Wood, Young—89.

Nays—Messrs. Ambler, Averill, Banks, Barber, Barry, Beatty, Bell, Beveridge, Bigby, Bingham, Boles, G. M. Brooks, Buckley, Buflinton, Burchard, Burdett, B. F. Butler, W. T. Clark, Cobb, Coburn, Conger, Cotton, Creely, Crocker, Darrall, Dawes, Dickey, Donnan, Duell, Durmell, Barnes, Finkelnburg, C. Foster, W. D. Foster, Frye. Garfield, Harmer, G. E. Harris, Havens, Hawley,Hay, Hays,G. W. Hazelton, J. W. Hazelton, Hill, Hoar, Hooper, Kel

THE

The Ku Klux Act.

An Act to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes. Be it enacted, &c, That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities 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 any action at law, suit in equity, or other proper proceeding for redress; such proceeding to 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 like cases in such courts, under the provisions of the act of the 9th of April, 1866, entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication j" and the other remedial laws of the United States which are in their nature applicable in such cases.

Sec. 2. That if two or more persons within any State or Territory of the United States shall conspire 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 States contrary to the authority thereof, or by force, intimidation, or threat to prevent any person from accepting or holding any office or trust or place of confidence under the United States, or from discharging 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 injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge

of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty, or by force, intimidation, or threat, to deter any party or witness in any court of the United States from attending such court, or from testifying in any matter pending in such court fully, freely, and truthfully, or to injure any such party or witness in his person or property on account of his having so attended or testified, or by force, intimidation, or threat to influence the verdict, presentment, 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 indictment lawfully assented to by him, or on account of his being or having been such juror, or shall conspire together, or go in disguise upon the public highway, or upon the premises of another for the purpose, either directly or indirectly, 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 or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due course of justice in any State or Territory, with intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or his property for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, orby force, intimidation, or threat to prevent any citizen of the United States lawfully entitled to vote from giving his support or advocacy in a lawful manner towards or in favor of the election of any lawfully qualified person as an elector of President or Vice President of the United States, or as a member of the Congress of the United States, or to injure any such citizen in his person orproperty on account of such support or advocacy, each and every person so offending shall be deemed guilty of a high crime, and, upon conviction 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 offenses, shall be punished by a fine not less than $500 nor more than $5,000, or by imprisonment, 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 impiisonment as the court shall determine. And if any one or more persons engaged in any such conspiracy shall do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby any person shall be injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the person so injured or deprived of such rights and privileges may have and maintain an action for the recovery of damages occasioned by such injury or deprivation of rights and privileges against any one or more of the persons engaged in such conspiracy, 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 9, 1866, entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication."

Sec. 3. That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so 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, orimmunities, or protection named in the Constitution and secured by this act, and the constituted authorities of such State shall either be unable to protect, or shall, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy shall oppose or obstruct the laws of the United States or the due execution thereof, or impede or obstruct the due course of justice under the same, it shall be lawful for the President, and it shall be his duty to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations; and any person who shall be arrested under the provisions of this and the preceding section shall be delivered to the marshal of the proper district to be dealt with according to law.

Sec. 4. That whenever in any State or part of a State the unlawful combinations named in the preceding section of this act shall be organized and armed, and so numerous and powerful as to be able by violence to either overthrow or set at defiance the constituted au* thoritiesof such State, and of the United States within such State, or when the constituted

authorities are in complicity with or shall connive at the unlawful purposes of such powerful and armed combinations; and whenever, by reason of either or all of the causes aforesaid, the conviction of such offenders and the preservation of the public safety shall become in such district impracticable, in every such case such combinations 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 under the sway thereof, such limits to be prescribed by proclamation, it 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 may be overthrown: Provided, That all the provisions of the second section of an act entitled "An act relating to habeas corpus, and regulating judicial proceedings in certain cases," approved March 3, 1863, which relate to the discharge of prisoners other than prisoners of war, and to the penalty for refusing to obey the order of the court, shall be in full force so far as the same are applicable to the provisions of this section: Provided further, That the President shall first have made proclamation, as now provided by law, commanding such insurgents to disperse: And provided also, That the provisions of this section shall not be in force after the end of the next regular session of Congress.

Sec. 5. That no person shall be a grand or petit juror in any court of the United States upon any inquiry, hearing, or trial of any suit, proceeding, or prosecution based upon or arising under the provisions of this act who shall, in the judgment of the court, be in complicity with any such combination or conspiracy; and every such juror shall, before entering upon any such inquiry, hearing, or trial, take and subscribe an oath in open court that he has never, directly or indirectly, counseled, advised, or voluntarily aided any such combination or conspiracy; and each and every person who shall take this oath, and shall therein swear falsely, shall be guilty of perjury, and shall be subject to the pains and penalties declared against that crime, and the first section of the act entitled "An act defining additional causes of challenge and prescribing an additional oath for grand and petit jurors in the United States courts," approved June 17, 1862, be, and the same is hereby, repealed.

Sec. 6. That any person or persons, having knowledge that any of the wrongs conspired to be done and mentioned in the second section of this act are about to be committed, and having power to prevent or aid in preventing the same, shall neglect or refuse so to do, and such wrongful act shall be committed, such person or persons shall be liable to the person injured, or his legal representatives, for ail damages caused by any such wrongful act which such first-named person or persons by reasonable diligence could have prevented; and such damages may be recovered in an action on the case in the proper circuit court of the United States, and any number of persons guilty of such wrongful neglect or refusal maybe joined as defendants in such action: Provided, That such action shall be commenced within one year after such cause of action shall have accrued; and if the death of any person shall be caused by any such wrongful act and neglect, the legal representatives of such deceased person shall have such action therefor, and may recover not exceeding $5,000 damages therein for the benefit of the widow of such deceased person, if any there be, or if there be no widow, for the benefit of the next of kin of such deceased person.

Sec. 7. That nothing herein contained shall be construed to supersede or repeal any former act or law except so far as the same may be repugnant thereto; and any offenses heretofore committed against the tenor of any former act shall be prosecuted, and any proceeding already commenced for the prosecution thereof shall be continued and completed the same as if this act had not been passed, except so far as the provisions of this act may go to sustain and validate such proceedings.

Approved, April 20, 1871.

The final votes were as follows:

In House, April 19,1871.

Yeas—Messrs. Averill, Barber, Barry, Beatty, Bigby, Bingham, A. Blair, G. M. Brooks, Buckley, Buffinton, Burchard, B. F. Butler, Coburn, Conger, Cook, Cotton, Creely, Dawes, Donnan. Dunnell, Eames, Elliott, Farwell, C. Foster, Garfield, Hale, Hal^ey, Hariner, G. E. Harris, Havens, Hawley, J. W. Hazelton, Hill, Hoar, Hooper, Kelley, Ketcham, Killinger. Lamport, Lansing, Lowe, Maynard, McJunkin, Mercur, Merriam, Monroe, Morey, L. Myers, Negiey, Orr, Packard, Packer, Palmer, Peck, Pendleton, Perce, A. F. Perry, Piatt, Poland, Porter, Rainey, E. H. Roberts, Rusk, Sawyer, Scofield, Seeley, Sessions, Shanks, Sheldon, Shellabarger, Shoemaker, H. B. Smith, J.A. Smith, Sprague, Starkweather, Stevenson, Stoughton, St. John. Taffe, VV, Townsend, Turner, Twicheli, Tyner, Wakeman, Walden, Waldron, Wallace, Walls.Wheeler, Whiteley, Willard, J. M. Wilson, J. T. Wilson—93.

Nays—Messrs. Acker, Adams, Archer, Arthur, Beck, Bell, Biggs, Bird, Braxton, Bright, J. Brooks, Caldwell, Cox, Cfossland, Davis, Box, DuBose,Duke, Edwards, Eldre\(ge, Ely, Forker, H. D. Foster, Oetz, Golladay. Griffit\K Handley, Hanks, Harper, J. T. Harris, Hereford, Hibbard, Holman, Kendall, Kerr, King, Kinsella, Lamison, Leach, Lewis, Manson, Marshall, McClelland, McCormick, McHenry, Mclntyre, McKinney, McNeely, Merrick, B. F. Meyers, Morgan, Niblack, tt. Perry, Potter, Randall, Read, E. Y. Rice, J. M. Rice, Ritchie, W. R. Roberts, Shober, Slater, Slocum, Sloss, Stevens, Storm, Sutherland, Swann, Terry, Waddell, Warren, Whitthorne, Williams of New York, Young—74.

In Senate, April 20,1871.

Yeas—Messrs. Ames, Anthony, Boreman, Caldwell, Carpenter, Clayton^Cole, Conkling, Cragin, Edmunds, Fenton, FerfyTM6f Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Harlan, Hitchcock, Howe, Lewis-, Logan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson, Poineroy, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, West, Wilson, Wright—36.

Nays—Messrs. Bayard, Blair, Gasserly, Cooler, Davis of Kentucky, Davis of West Virginia, Hill, Johnston, Kelly, Robertson, Saulsbury, Stockton, Victors—13.

In House. 1871, April 6—Pending a motion of Mr. Shellabarger to strike from his bill the sec

ond and third sections and substitute other sections,

Mr. Farnsworth moved to strike from the proposed third section the following words:

Provided, That the President of the United States be, and he is hereby, authorized, if, in his judgment, it should be deemed expedient, to direct voluntary enlistments of any of the militia of the United States in lieu of all or any part of the force herein authorized to be employed for the purposes aforesaid, for a term of service not exceeding thirty days after the final adjournment of the next session of Congress.

Which was agreed to—yeas 116, nays 86:

Yeas—Messrs. Acker, Adams, Ambler, Archer, Arthur, Beck, Bell, Biggs, Bingham, Bird, A. Blair, Braxton, Bright, J. Brooks, Burchard, Caldwell, Campbell, Carroll, Comingo, Conger, Cox, Crebs, Gritcher. Grossland, Davis, Dawes, Donnan, Dox, Du Bose, Duke, Edwards, Eldredge, Ely, Farnsworth, Finkelnburg, Forker1, H.D.Foster, Frye, Garfield, Garrett, Getz, Golladay, Griffith, Hale, Halsey, Dandify, Hanks, Harper, (x. E. Harris, J. T. Harris, Hay, Hereford, Hibbard. Hill, Holman, Kendall, Kerr, Ketcham, King, Kinsella, Lamison, Leach, Lewis, Manson, Marshall, McClelland, McCormick, McHenry, Mclntyre, McKinney, McNeely, Merrick, B. F. Meyers, Mitchell, Moore, Morgan, Niblack, H. W. Parker, E. Ferry, Poland, Potter, E. Y. Liice, J. M. Rice, Ritchie, W. R. Roberts, Robinso'u, J. Rogers, Roosevelt, Sheldon, Sherwood, Shober, Slater, Slocum, Sloss, J. A. Smith, W. C. Smith, R. M. Speer, Stevens, Storm, Stoughton. Sutherland, Swann, feypher, Terry, Van Trump, Vaughan, Voorhees, Waddell. Warren, Wells, Wliiteley, Whitthorne, Williams of New York, Winchester, Wood, Young—116.

Nays—Messrs. Averill, Banks, Barber, Barry, Beatty, Bigby. G. M. Brooks, Buckley, Buffinton, B. F. Butler, Clarke, Coburn, Cook, Cotton, Creely, De Large, Dickey, Eames. Elliott, C. Foster, Goodrich, Hariner, Havens, Hawley, G. W. Hazelton, J. W. Hazelton, Hoar, Kelley, Killinger, Lamport, Lansing, Lowe, Maynard, McCrary, McGrew, McJunkin, McKee, Mercur, Merriam, Monroe, L. Myers, Negiey, Orr, Packard, Packer, Palmer, I. C. Parker, Peck, Pendleton, Perce, A. F. Perry, Piatt, Porter, Prindle, Rainey, E. H. Roberts, Rusk, Sawyer, Scofield, Seeley, Sessions, Shanks, Shellabarger, Shoemaker, H. B. Smith, Snyder, Sprague, Stevenson, Stowell, St. John, Taffe, Thomas, Turner, Twicheli, Tyner, Upson, Wakeman, Walden, Waldron, Wallace, Walls, Washburn, Wheeler, Willard, Williams of Indiana, J.M. Wilson—86.

Mr. Ambler moved to strike from section four the following words:

And during the continuance of such rebellion, and within the limits of the district which shall be so under the sway thereof, such limits to be prescribed by proclamation, it 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 may be overthrown: Provided, That the President shall first have made proclamation, as now provided by law, commanding such insurgents to disperse: And provided also, That the provisions of this section shall not be in force after the 1st day of June, A. D. 1872.

Which was disagreed to—yeas 100, nays 105:

Yeas—Messrs. Acker, Adams, Ambler, Archer, Arthur, Beck, Bell, Biggs, Bingham, Bird, Braxton, Bright, J. Brooks, Burchard, Caldwell, Campbell, Carroll, Comingo. Cox, Crebs, Gritcher, Grossland, Davis, Dox, Du Bose, Duke, Edwards, Eldredge, Ely, Farnsworth, Finkelnburg, Forker, H. D. Foster, Garrett, Getz, Golladay, Griffith, Hale, "^Handley, Hanks, Harper, G. E. Harris, J. T. Harris, Hay, Hereford, Hibbard, Kendall, Kerr, King, KinselLi,