agitation in both Houses and against two
vetoes by the President. It required potent persuasion, re-enforced
by the severest exercise of party discipline to prevent a serious break
in both Houses against the bill. The measure had lost, under
discussion, much of the popularity which attended its first
introduction in Congress.
On the same day that Mr. Trumbull introduced his original bill to
enlarge the powers of the Freedmen's Bureau, he introduced another
bill, more important in its scope and more enduring in its character,
--a bill "to protect all persons of the United States in their civil
rights and furnish the means of their vindication." It was referred
to the Judiciary Committee on the 5th day of January and was reported
back on the 11th. The bill was one which exemplified in a most
striking manner the revolution produced by the war. It declared that
"there shall be no discrimination in civil rights or immunities among
the inhabitants of any State or Territory of the United States on
account of race, color or previous condition of servitude; but the
inhabitants of every race and color shall have the same right to make
and enforce contracts, to sue, be parties, give evidence, to inherit,
purchase, lease, sell, hold and convey real and personal property, and
to full and equal benefits of all laws and provisions for the security
of personal property; and shall be subject to like punishments, fines
and penalties, and none other,--any law, statute, ordinance, regulation
or custom to the contrary notwithstanding."
Any person who under any law, statute or regulation of any kind should
attempt to violate the provisions of the Act, would be punished by a
fine not exceeding one thousand dollars or by imprisonment not
exceeding one year. Very stringent provisions were made, and a whole
framework of administration devised, by which the rights conferred
under this enactment could be enforced through "the judicial power of
the United States." The district attorneys, marshals, deputy marshals
of the United States, the commissioners appointed by the Circuit and
Territorial Courts of the United States, the officers and agents of the
Freedmen's Bureau, and every other officer who was sufficiently
empowered by the President of the United States, were, by the Act,
specially authorized and required, at the expense of the United States,
to institute proceedings against every person who should violate its
provisions, and "ca
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