Text of the Act

An Act

To protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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, 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 enacted, 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 offences 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; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court, against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a Bureau for the relief of Freedmen and Refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus and regulation judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. 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 offence. 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; and such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States.

Sec. 5. And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in conformity with the provisions of this act; and said warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued.

Sec. 6. And be it further enacted, That any person who shall knowingly and wilfully obstruct, hinder, or prevent any officer, or other person charged with the execution of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States.

Sec. 7. And be it further enacted, That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction.

Sec. 8. And be it further enacted, That whenever the President of the United States shall have reason to believe that offences 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. 10. 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.

Presidential Veto

Footnotes

  1. Section 9 grants the president the ability to call upon any force in the US military in order to enforce the Civil Rights Act and to prevent crimes against it. Sections 8 and 9 represent a significant degree of privilege given to the executive branch by the legislative branch. Despite the level of presidential control set forth in the act, President Andrew Johnson criticized and vetoed the act, and even specifically questioned the powers allotted to the president in Section 9.

    — Zachary, Owl Eyes Editor

  2. Section 8 of the act establishes precedents for the executive branch to take direct steps in the enforcement and adjudication of the Civil Rights Act. Specifically, the president is given the power to direct the attentions and actions of judges, marshals, and district attorneys in any district of the nation in order to speed up the process of achieving justice in civil rights cases.

    — Zachary, Owl Eyes Editor

  3. In order to ensure the successful and thorough execution of all warrants related to the enforcement of the Civil Rights Act, the bill includes measures promising to provide enough money to law enforcement officers involved in civil rights-related cases. In addition to a five-dollar bonus offered to commissioners for each case, the act promises to cover all relevant expenses. Such an inclusion supports the notion that Republican lawmakers wanted as few barriers and obstacles as possible with regards to the enforcement of the Civil Rights Act.

    — Zachary, Owl Eyes Editor

  4. Section 6 sets forth explicit measures prohibiting anyone from preventing the enforcement of the Civil Rights Act. This measure is an assertion of federal authority, for it encompasses all Americans, regardless of any state laws that might clash with it. The prohibition takes the form of a threatened misdemeanor charge, set at a maximum sentence of six months of imprisonment and $1,000.

    — Zachary, Owl Eyes Editor

  5. The phrase “posse comitatus” refers to the group of local, able-bodied persons a sheriff can quickly assemble for law enforcement purposes. Though it originates in English law, the phrase can be directly translated from Latin as “possible companions.” It is the source of the colloquial word “posse,” as popularly used in the Western United States. In this context, the phrase is used to empower local law enforcement to gather civilian forces and local militias in order to enforce the Civil Rights Act.

    — Zachary, Owl Eyes Editor

  6. This passage establishes monetary incentives for federal marshals to regulate the laws set forth in the Civil Rights Act. However, rather than offering marshals money for properly executing warrants, the act threatens to fine them $1,000, a sum equivalent to nearly $15,000 in 2018, adjusted for inflation. Since the marshals serve under the executive and judicial branches, the Civil Rights Act was considered an extension of their duties, and, similar to the military officers assigned to support the Freedmen’s Bureau, additional compensation was not included.

    — Zachary, Owl Eyes Editor

  7. The United States Marshals Service dates back to 1789, when it was enacted under the presidency of George Washington. The US Marshals are an arm of the federal government, answerable to both the executive and judicial branches.

    — Zachary, Owl Eyes Editor

  8. Section 4 advances a similar goal to that of Section 3. While the previous section laid the groundwork for a nationally unified judicial system to process civil rights crimes, Section 4 seeks to create a nationally unified law-enforcement coalition. In a move characteristic of the so-called Radical Republicans of the Reconstruction era, the drafters of this act seek to both spread the jurisdiction of their act across all states and to control the enforcement of it by law enforcement officials at all levels, federal, state, and local.

    — Zachary, Owl Eyes Editor

  9. The central purpose of Section 3 is to instantiate a unified judicial body to oversee civil rights trials in the United States. These trials would concern cases which breach the laws set forth in other sections of the Civil Rights Act as well as the Freedmen’s Bureau Bill of 1865. This is an ambitious aim, for it seeks to organize and direct the actions of state court systems so that they function in unison with the federal court system. This exemplifies one of the guiding principles of the Republicans in Congress during the Reconstruction era: to envision and create a more powerful federal government at the levels of lawmaking, governance, and adjudication.

    — Zachary, Owl Eyes Editor

  10. The legal term “habeas corpus” is Latin for “thou shalt have the body.” It pertains to court cases in which the judge asks to see the defendant in person, requiring his or her physical presence in the courtroom.

    — Zachary, Owl Eyes Editor

  11. Section 3 of this act, which concerns the reporting of civil rights-related crimes to the court system, expands its domain to the Freedmen’s Bureau. Established in 1866, the Freedmen’s Bureau provided aid and resources to African-American refugees of the Civil War and freedmen, former slaves navigating the postwar South. The Civil Rights Act and Freedmen’s Bureau Bill were similar in their aims—namely to advance the rights and welfare of African Americans. Therefore, it follows that infringements against the Civil Rights Act would overlap with those against the Freedmen’s Bureau Bill.

    — Zachary, Owl Eyes Editor

  12. The circuit court system in the United States has its roots in medieval English law, which conceived of a circuit of courts which London-based judges would travel annually, hearing and judging rural cases. The United States has circuit court systems, both at the federal and state levels. The Civil Rights Act enlists the aid of the circuit courts, as well as the more central district courts, in order to further the judicial reach of the Civil Rights Act.

    — Zachary, Owl Eyes Editor

  13. In legal settings, the word “color” refers to “apparent authority” and has negative connotations, suggesting a pretense for illegal behavior. Thus the phrase “under color of any law” intends to identify those who would use local laws and customs to infringe on the rights of American citizens, including former slaves.

    — Zachary, Owl Eyes Editor

  14. As with many of the bills, acts, and amendments the Republican lawmakers pushed through Congress in the Reconstruction era, the Civil Rights Act grants the federal government supremacy over state governments. The first section of the act stipulates that the citizenship granted to African Americans holds true “in every State and Territory of the United States,” a clause which supersedes the various definitions of citizenship set forth by the states.

    — Zachary, Owl Eyes Editor

  15. The phrase “excluding Indians not taxed” appears in numerous pieces of American legislation in the 18th and 19th centuries, including Article I of the Constitution and the Fourteenth Amendment. Vexingly enough, the phrase is never defined in these legal documents. The phrase was also used in federal census-taking instructions throughout much of the 19th century and was only first explicitly defined in 1880. As the 1880 instructions state, “by the phrase ‘Indians not taxed’ is meant Indians living on reservations under the care of Government agents, or roaming individually, or in bands, over unsettled tracts of country.” The purpose of the clause is to exclude Native Americans—specifically those living under their own laws and regulations—from the official count of American voters.

    — Zachary, Owl Eyes Editor

  16. In legal and administrative contexts, a “warrant” is a document issued by an authoritative body that sanctions a specific action for a law enforcement official. Common warrants include orders that empower officials to make arrests, seizures, or searches, as well as execute judicial sentences or perform other acts relating to administering justice.

    — Wesley, Owl Eyes Editor

  17. The noun “marshal” has varied definitions, but in this context, it refers to a government official whose responsibilities are administrative and judicial, such as serving writs, levying and collecting fines, as well as other aspects of federal law enforcement.

    — Wesley, Owl Eyes Editor

  18. The noun “cognizance” has two applicable definitions in this passage. First, it refers to having knowledge, understanding, or familiarity as obtained by observation, information, or perception. Second, in legal contexts, “cognizance” refers to the action of hearing and trying legal cases. Congress’s inclusion of this word then emphasizes the need for district courts to not only be informed of any violations of the Civil Rights Act but also to reserve the right to take judicial action against transgressions.

    — Wesley, Owl Eyes Editor

  19. In legal contexts, a “misdemeanor” differs from other crimes—such as a felony, which is more serious—in that the punishment for the offence does not involve the forfeiture of property. This is why section 2 clarifies that the fine for a misdemeanor is not more than one-thousand dollars or a limited time—one year—in prison.

    — Wesley, Owl Eyes Editor

  20. The singular pronoun “he” in its various forms has historically been used in the English-speaking world to serve as a gender-neutral pronoun for a singular antecedent. However, as seen in the language of the Fourteenth Amendment, the rights granted by that amendment and the 1866 Civil Rights Act were not ubiquitous across genders. For example, women’s suffrage would not be realized until August 26th, 1920.

    — Wesley, Owl Eyes Editor

  21. The last part of the first section lists the specific rights that American citizens have, as well as the punishments they face for violations. While it may appear redundant to provide such a lengthy list, the Republican Congress was facing obstinate opposition from Southern and Democratic lawmakers, as well as President Johnson, who actively sought ways around providing civil rights to African Americans.

    — Wesley, Owl Eyes Editor

  22. The Civil Rights Act of 1866 begins with a clear statement in the first section: all American citizens, regardless of race and color, have the same rights as anyone else. Congress included the clause “of every race and color” to specifically provide a race-based provision for the rights granted by citizenship. While this act did have power to combat the South’s “black codes,” it also serves as a precursor to the Fourteenth Amendment to the United States Constitution, which specifically clarifies the citizenship of all Americans, regardless of race.

    — Wesley, Owl Eyes Editor

  23. The first line of the Civil Rights Act of 1866 clearly states its purpose: to not only protect all Americans in their civil rights, but also to offer all of the ways (to “furnish”) in which this protection will be enforced (“the means of their vindication”). With the Emancipation Proclamation, the Thirteenth Amendment, and the end of the Civil War, African Americans found themselves no longer in bondage. However, the institution of slavery had permeated all aspects of social life, and the former Confederate states instituted discriminatory and oppressive “black codes.” To address such policies, the Republican Congress actively sought ways to provide support for African Americans. This act serves as one of them.

    — Wesley, Owl Eyes Editor