Select Statutes and Other Documents: Illustrative of the History of the United States, 1861-1898

By William MacDonald | Go to book overview

and all votes received or recorded contrary to the provisions of this section shall be of none effect.1

APPROVED, February 28, 1871.


No. 92. Act to enforce the Fourteenth Amendment April 20, 1871

A BILL to enforce the provisions of the fourteenth amendment was reported in the House, March 28, 1871, by Samuel Shellabarger of Ohio, from the select committee to which had been referred the President's message of March 23 on the condition of affairs in the South. The bill formed the principal subject of debate until April 6, when, with amendments, it passed the House by a vote of 118 to 91, 18 not voting. The Senate added, among others, an amendment offered by Sherman, making counties, cities, parishes, etc., liable for injuries done to any person by reason of his race or color, and on the 14th passed the bill, the vote being 45 to 19, 6 not voting. The House, by a vote of 45 to 132, 53 not voting, rejected the principal Senate amendment, and also refused, by a vote of 74 to 106, 50 not voting, to agree to a report of a conference committee retaining the objectionable section. A second conference committee reported a compromise in the terms of section 6 of the act. The report was agreed to April 19, in the House by a vote of 93 to 74, 63 not voting, and in the Senate by a vote of 36 to 13. A proclamation calling attention to the act as one of "extraordinary public importance" was issued May 3.

REFERENCES . -- Text in U.S. Statutes at Large, XVII, 13-15. For the proceedings see the House and Senate Journals, 42d Cong., 1st Sess., and the Cong. Globe. The "Ku Klux" report is House Report 22 and Senate Report 41, 42d Cong., 2d Sess.

An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes.

Be it enacted . . ., That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any

____________________
1
Amended by act of May 3, 1872, by adding the following: "Provided, That this section shall not apply to any State voting otherwise whose elections for said Representatives shall occur previous to the regular meeting of its legislature next after the approval of said act."

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