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 "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication," passed April ninth, eighteen hundred and sixty-six, 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 five hundred dollars 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 one thousand dollars nor more than five thousand dollars.

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 one thousand dollars nor more than five thousand dollars.

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use of the word "white," or any other term, in any law, statute, ordinance, or regulation, national or State, is hereby repealed and annulled.

Mr. ELDREDGE moved to lay it upon the table; which was lost-yeas 74, nays 113.

The bill, on motion of Mr. SCOFIELD, was subsequently referred to the Committee on the Revision of the Laws, and was not reported.

FORTY-THIRD CONGRESS, FIRST SESSION.

IN SENATE.

1873, December 1-Mr. SUMNER introduced the following bill, (S. No. 1,) which was read twice and ordered to be printed. [It is, verbatim, the bill above given.]

1874, January 27-Referred to the Judiciary Committee.

April 14-Mr. FRELINGHUYSEN reported the following as a substitute, which was considered April 29, and slightly amended, and is as follows: That all citizens and other persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theatres, and other places of public amusement; and also of common schools and public institu

SEC. 2. That any person who shall violate the foregoing section by denying to any person entitled to its benefits, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars 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 more than one thousand dollars, or shall be imprisoned not 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: And provided further, That all persons may elect to sue for the penalty aforesaid or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State.

SEC 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against and violations of the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party. And the district attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him 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 law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination, as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise.

SEC. 4. That no citizen possessing all other

qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than one thousand dollars.

SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

Mr. THURMAN moved to strike out the second section; which was disagreed to-yeas 13, nays 32:

YEAS-Messrs. Bogy, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-13.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Carpenter, Conkling, Conover, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Maine, Morrill of Vermont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-32.

Mr. SARGENT moved to amend the amendment by adding to the first section the following:

Provided, That nothing herein contained shall be construed to prohibit any State or school district from providing separate schools for persons of different sex or color, where such separate schools are equal in all respects to others of the same grade established by such authority, and supported by an equal pro rata expenditure of school funds.

Disagreed to-yeas 21, nays 26:

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| mont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-30.

Mr. HAMILTON of Maryland moved to strike out the fourth section of the bill, which refers to the selection of jurors.

Disagreed to-yeas 15, nays 28:

YEAS-Messrs. Bogy, Carpenter, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Sargent, Saulsbury, Stockton-15.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Conkling, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Vermont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-28.

The bill then (7 o'clock a. m., after a continuous session of twenty hours) passed-yeas 29, nays 16:

YEAS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Conkling, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Vermont, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-29.

NAYS-Messrs. Bogy, Boreman, Carpenter, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, Lewis, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-16.

ABSENT-Messrs. Anthony, Bayard, Brownlow, Cameron, Chandler, Clayton, Conover, Cragin, Dennis, Dorsey, FENTON, Ferry of Connecticut, Ferry of Michigan, Gilbert, Goldthwaite, Gordon, HAMILTON of Texas, Hitchcock, Jones, Logan, Morrill of Maine, Morton, SCHURZ, Sherman, Sprague, Stevenson, Thurman, TIPTON-28.

IN HOUSE.

Mr. JOHNSTON moved to amend the amendment by striking out of section one the words "and also of common schools and public institutions of learning or benevolence, supported, in whole or in part, by general taxation."

Disagreed to-yeas 14, nays 30: YEAS-Messrs. Bogy, Boreman, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-14.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Chandler, Conkling, Conover, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harey, Howe, Ingalls, Mitchell, Morrill of Ver

Bundy, Burchard, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crooke, Crounse, Crutchfield, Curtis, Danford, Dawes, Donnan, Duell, Dunnell, Eames, Field, C. Foster, Frye, Garfield, Gooch, Gunckel, Harrison, Hathorn, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, G. F. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hubbell, Hunter, Hyde, Kasson, Kelley, Kellogg, Killinger, Lamport, Lawrence, Lawson, B. Lewis, Lofland, Loughridge, Lowe, Lynch, Martin, Maynard, McCrary, J. W. McDill, MacDougall, McKee, McNulta, Merriam, Monroe, W. S. Moore, Morey, L. Myers, Niles, Nunn, O'Neill, Orr, Orth, Packard, Packer, Page, I. C. Parker, Parsons, Pelham, Pendleton, Phillips, Pierce, Pike, J. H. Platt, T. C. Platt, Poland, Pratt, Purman, Rainey, Ransier, Rapier, Ray, J.B. Rice, Richmond, E. H. Roberts, J. W. Robinson,

Ross, Rusk, Sawyer, H. B. Sayler, Scofield, H. J. Scudder, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D. Shoemaker, Small, Smart, A. H. Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, Stanard, Starkweather, St. John, Stowell, Sypher, Taylor, C. R. Thomas, Todd, W. Townsend, Tremain, Tyner, Wallace, Walls, J. D. Ward, M. L. Ward, White, Whiteley, Wilber, C. W. Willard, G. Willard, C. G. Williams, J. M. S. Williams, Williams of Indiana, W. B. Williams, J. Wilson, Woodworth-154.

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, BANNING, J. B. Beck, H. P. Bell, Berry, Bland, Blount, Bowen, Bright, BROMBERG, Buckner, R. R. Butler, J. H. Caldwell, J. B. Clark, Clymer, Comingo, Cook, Cox, Crittenden, Crossland, De Witt, Durham, Eden, Giddings, Glover, Hancock, H. R. Harris, J. T. Harris, Hatcher, Hereford, Herndon, Holman, Hunton, Kendall, Knapp, Lamar, Leach, Lowndes, Luttrell, Magee, Marshall, McLean, Milliken, Mills, Mitchell, Morrison, Neal, Nesmith, W. E. Niblack, O'Brien, H. W. Parker, E. Perry, Randall, Read, Robbins, J. C. Robinson, M. Sayler, Sener, Sloss, J. A. Smith, W. A. Smith, Southard, Speer, Standeford, Stone, Storm, Strait, Swann, C. Y. Thomas, Thornburgh, Vance, Waddell, Wells, Whitehead, Whitthorne, Willie, E. K. Wilson, Wolfe, Wood, J. D. Young, P. M. B. Young-85.

June 1-Mr. B. F. BUTLER moved to suspend the rules, so as to take from the table Senate bill No. 1, and refer the same to the Judiciary Committee, with the right to report at any time, stating at the same time that he was instructed by the Judiciary Committee to allow a motion in the House to strike out the school clause of that bill.

Mr. BECK moved that the House adjourn.
The House refused to adjourn—yeas 72, nays

141.

The hour for taking a recess arrived at the close of the roll-call.

June 8-Mr. B. F. BUTLER'S motion came up, and was seconded-yeas 73, nays 70-and then rejected, two-thirds not voting affirmativelyyeas 138, nays 88, not voting 63:

YEAS-Messrs. Albert, Albright, Averill, Barber, Barrere, Begole, Biery, Bradley, Buffinton, Bundy, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, A. Clark, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crocker, Crooke, Crounse, Crutchfield, Curtis, Darrall, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Field, C. Foster, Freeman, Frye, Garfield, Gooch, Gunckel, B. W. Harris, Hathorn, Havens, J. B. Hawley, Hays, J. W. Hazelton, Hendee, E. R. Hoar, Hodges, Hooper, Hoskins, Howe, Hunter, Hyde, HYNES, Kasson, Kelley, Kellogg, Lamport, Lansing, Lawrence, Lawson, Loughridge, Lowe, JR. Lynch, McCrary, J. W. McDill, MacDougall, McKee, Merriam, Monroe, Morey, Niles, Nunn, O'Neill, Orth, Packard, Packer, Parsons, Pelham, Pendleton, Pierce, Pike, J. H. Platt, T. C. Platt, Poland, Pratt, Rainey, Ransier, Rapier, J. B. Rice, E. H. Roberts, J. W. Robinson, Ross, Rusk, Sawyer, H. B. Sayler, H. J. Scudder, Sessions, Shanks, Sheats, Sheldon, L. D. Shoemaker, Sloan, Small, A. H. Smith, G. L. Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, Starkweather, Stowell, Strawbridge, Sypher, Todd, W. Townsend,

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| Tremain, Tyner, Waldron, Wallace, Walls, M. L. Ward, Wheeler, White, Whiteley, C. W. Willard, G, Willard, C. G. Williams, J. M. S. Williams, Williams of Indiana, W. B. Williams, J. Wilson, Woodford, Woodworth-138.

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, BANNING, J. B. Beck, H. P. Bell, Berry, Bland, Blount, Bowen, Bright, BROMBERG, Brown, Buckner, R. R. Butler, J. H.Caldwell, J. B. Clark, Clymer, Cook, Cox, Creamer, Crittenden, Crossland, J.J. Davis, Durham, Eden, Eldredge, Giddings, Glover, Hamilton, Hancock, H. R. Harris, J. E Harris, Harrison, Hatcher, Hereford, Herndon, Houghton, Hunton, Jewett, Kendall, Knapp, Lamar, Lamison, Leach, Lofland, Lowndes, Luttrell, Magee, Marshall, McLean, Milliken, Mills, Morrison, Neal, Nesmith, W. E. Niblack, O'Brien, E. Perry, Phelps, Randall, Ray, Read, J. C. Robbinson, M. Sayler, J. G. Schumaker, Sener, Sloss, W. A. Smith, Southard, Speer, Stanard, Standeford, Storm, Strait, Swann, C. Y. Thomas, Thornburgh, Vance, Wells, Whitehead, WHITE HOUSE, Whitthorne, Willie, Wood, J. D. Young-88.

OTHER PROCEEDINGS IN HOUSE.

1873, December 8-Mr. MOREY moved that the rules be suspended, so as to enable him to introduce, and the House to pass, a bill supple mental 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. [The bill was identical with that of Senator SUMNER.]

Mr. BECK moved that the House adjourn. The House refused to adjourn-yeas 106, mays 144.

Mr. MOREY then modified his motion, so as to enable him to introduce the bill, and the House to refer the same to the Committee on the Judiciary, with leave to report thereon at any time.

The rules were suspended, and the modified motion agreed to-yeas 161, nays 70. The bill (H. R. 473) was then introduced, read twice, and so referred.

1874, June 20-The bill (S. No. 1) was reached on the Speaker's table, under the order of business adopted, and was read.

Mr. ELDREDGE moved that the House adjourn, which was disagreed to-yeas 76, nays 105.

The motion to suspend the rules and pass the bill was disagreed to-yeas 140, nays 91, (twothirds not voting in favor,) not voting 59:

YEAS-Messrs. Albert, Albright, Averill, Barber, Barrere, Barry, Bass, Begole, Biery, Bradley, Buffinton, Bundy, Burchard, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, A. Clark, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crooke, Crounse, Curtis, Darrall, Dawes, Dobbins, Donnan, Dunnell, Eames, Field, C. Foster, Frye, Garfield, Gooch, Gunckel, R. S. Hale, B. W. Harris, Hathorn, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, G. F. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hubbell, Hunter, Hurlbut, Kasson, Kelley, Kellogg, Lamport, Lawrence, Lawson, B. Lewis, Loughridge, Lowe, J. R. Lynch, McCrary, J. W. McDill, McJunkin, McKee, Merriam, Monroe, W. S. Moore, Morey, Negley, Niles, O'Neill,