These sections, in the objectionable features before referred to, are
different also from the law ordinarily called the “Civil Rights Bill,”
originally passed April 9, 1866, 14 Stat. 27, ch. 31, and re-enacted
with some modifications in sections 16, 17, 18, of the Enforcement Act
passed May 31st, 1870, 16 Stat. 140, ch. 114. That law, as re-enacted,
after declaring that all persons within the jurisdiction of the United
States shall have the same right in every State and Territory to make and
enforce contracts, to sue, be parties, give evidence, and to the full and
equal benefit of all laws and proceedings for the security of persons
and property as is enjoyed by white citizens, and shall be subject to
like punishment, pains, penalties, taxes, licenses and exactions of
every kind, and none other, any law, statute, ordinance, regulation
or custom to the contrary notwithstanding, proceeds to enact 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 rights secured or protected
by the preceding section above quoted, or to different punishment,
pains or penalties on account of such person being an alien, or by
reason of his color or race, than is prescribed for the punishment of
citizens, shall be deemed guilty of a misdemeanor, and subject to fine
and imprisonment as specified in the act. This law is clearly corrective
in its character, intended to counteract and furnish redress against
State laws and proceedings and customs having the force of law which
sanction the wrongful acts specified. In the Revised Statutes, it is
true, a very important clause, to wit, the words “any law, statute,
ordinance, regulation or custom to the contrary notwithstanding,” which
gave the declaratory section its point and effect, are omitted; but the
penal part, by which the declaration is enforced, and which is really
the effective part of the law, retains the reference to state laws by
making the penalty apply only to those who should subject parties to
a deprivation of their rights under color of any statute, ordinance,
custom, etc., of any State or Territory, thus preserving the corrective
character of the legislation. Rev. St., §§ 1977, 1978, 1979, 5510. The
Civil Rights Bill here referred to is analogous in its character to
what a law would have been under the original Constitution, declaring
that the validity of contracts should not be impaired, and that if any
person bound by a contract should refuse to comply with it under color
or pretence that it had been rendered void or invalid by a State law,
he should be liable to an action upon it in the courts of the United
States, with the addition of a penalty for setting up such an unjust and
unconstitutional defence.
Public-domain text, read in full here on John Shaqi.
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