Friday, November 29, 2013

"in consequence of any State or local law, ordinance, police or other regulation, custom, or prejudice . . . including the constitutional right of bearing arms"

"...The Senate proceeded, as the Constitution provides, to reconsider the bill (S. 60) to amend an act entitled An act to establish a Bureau for the relief of Freedmen and Refugees," and for other purposes, returned by the President of the United States to the Senate, with his objections; which bill is in the following words, to wit:

"THIRTY-NINTH CONGRESS OF THE UNITED STATES,

"AT THE FIRST SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON MONDAY, THE FOURTH DAY OF DECEMBER, ONE THOUSAND EIGHT HUNDRED AND SIXTY-FIVE.

"AN ACT to amend an act entitled 'An act to establish a Bureau for the relief of Freedmen and Refugees,' and for ether purposes.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to establish a Bureau for the relief of Freedmen and Refugees, approved March three, eighteen hundred and sixty-five, shall continue in force until otherwise provided by law, and shall extend to refugees and freedmen in all parts of the United States, and the President may divide the section of country containing such refugees and freedmen into districts, each containing one or more States, not to exceed twelve in number, and, by and with the advice and consent of the Senate, appoint an Assistant Commissioner for each of said districts, who shall give like bond, receive the compensation, and perform the duties prescribed by this and the act to which this is an amendment; or said bureau may, in the discretion of the President, be placed under a Commissioner and Assistant Commissioners, to be detailed from the army, in which event each officer so assigned to duty shall serve without increase of pay or allowances...."

"...Sec. 7. And be it further enacted, That whenever in any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebellion, and wherein, in consequence of any State or local law, ordinance, police or other regulation, custom, or prejudice, any of the civil rights or immunities belonging to white persons, including the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to have full and equal benefit of all laws and proceedings for the security of person and estate, including the constitutional right of bearing arms, are refused or denied to negroes, mulattoes, freedmen, refugees, or any other persons, on account of race, color, or any previous condition of slavery or involuntary servitude, or wherein they or any of them are subjected to any other or different punishment, pains, or penalties, for the commission of any act or offence, than are prescribed for white persons committing like acts or offences, it shall be the duty of the President of the United States, through the Commissioner, to extend military protection and jurisdiction over all cases affecting such persons so discriminated against...."

[Monday, February 19, 1866, Journal of the Senate of the United States of America, 1789-1873]

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