and amount of fractional currency of similar denominations, or, at his discretion, he may issue such silver coins through the mints, the subtreasuries, public depositaries, and post-offices of the United States; and, upon such issue, he is hereby authorized and required to redeem an equal amount of such fractional currency, until the whole amount of such fractional currency outstanding shall be redeemed.

SEC. 2. That so much of section three thousand five hundred and twenty-four of the Revised Statutes of the United States as provides for a charge of one-fifth of one per centum for converting standard gold bullion into coin is hereby repealed, and hereafter no charge shall be made for that service.

SEC. 3. That section five thousand one hundred and seventyseven of the Revised Statutes of the United States, limiting the aggregate amount of circulating-notes of national banking-associations, be, and is hereby, repealed; and each existing bankingassociation may increase its circulating-notes in accordance with existing law without respect to said aggregate limit; and new banking-associations may be organized in accordance with existing law without respect to said aggregate limit; and the provisions of law for the withdrawal and redistribution of nationalbank currency among the several States and Territories are hereby repealed. And whenever, and so often, as circulatingnotes shall be issued to any such banking-association, so increasing its capital or circulating-notes, or so newly organized as aforesaid, it shall be the duty of the Secretary of the Treasury to redeem the legal-tender United States notes in excess only of three hundred million of dollars, to the amount of eighty per centum of the sum of national-bank notes so issued to any such banking-association as aforesaid, and to continue such redemption as such circulating-notes are issued until there shall be outstanding the sum of three hundred million dollars of such legal-tender United States notes, and no more. And on and after the first day of January, anno Domini eighteen hundred and seventynine, the Secretary of the Treasury shall redeem, in coin, the United States legal-tender notes then outstanding on their presen

tation for redemption, at the office of the assistant treasurer of the United States in the city of New York,' in sums of not less than fifty dollars. And to enable the Secretary of the Treasury to prepare and provide for the redemption in this act authorized or required, he is authorized to use any surplus revenues, from time to time, in the Treasury not otherwise appropriated, and to issue, sell, and dispose of, at not less than par, in coin, either of the descriptions of bonds of the United States described in the act of Congress approved July fourteenth, eighteen hundred and seventy, entitled, "An act to authorize the refunding of the national debt," with like qualities, privileges, and exemptions, to the extent necessary to carry this act into full effect, and to use the proceeds thereof for the purposes aforesaid. And all provisions of law inconsistent with the provisions of this act are hereby repealed.

APPROVED, January 14, 1875.

No. 99.

Civil Rights Act

March 1, 1875

AN amendment offered by Sumner to the amnesty act of May 22, 1872 [No. 94], forbidding discrimination against negroes in certain public places and elsewhere, was lost by a vote of 29 to 30. A bill of similar purport was called up in the Senate December 11, 1872, and passed over. Another bill passed the Senate April 30, 1873, but failed in the House. A third bill was introduced in the House, December 18, by Butler of Massachusetts, from the Committee on the Judiciary, and January 7, 1874, was recommitted. A fourth civil rights bill passed the Senate May 22, but was not acted on by the House. A substitute for Butler's bill was reported December 16, and February 4, 1875, passed the House with amendments, the vote being 162 to 100, 27 not voting. The bill was reported in the Senate on the 15th without amendment, and passed the same day by a vote of 38 to 26.

REFERENCES.

Text in U.S Statutes at Large, XVIII, 335-337. For the proceedings see the House and Senate Journals, 43d Cong., 2d Sess., and the Cong. Record. See also Pierce, Sumner, IV, chaps. 57 and 59.

1 An act of March 3, 1887, chap. 378, added San Francisco.

An act to protect all citizens in their civil and legal rights. Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore, Be it enacted. That all 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, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.

SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, 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 of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, 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: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively.

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; and any district attorney who shall willfully fail to institute and prosecute the 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 of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment upon an indictment against any such district attorney, shall be a bar to' either prosecution respectively.

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 servi

X

tude; 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 five 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. APPROVED, March 1, 1875.

No. 100. Joint Resolution for the Issue of

Silver Coin

July 22, 1876

A JOINT resolution for the issue of silver coin without limitation as to amount was introduced in the House May 1, 1876, by Rufus S. Frost of Massachusetts. An amended bill, drawn in accordance with the suggestions of the Treasurer of the United States, was reported, May 2, by the Committee on Banking and Currency. In submitting the amended bill it was stated that fractional currency was at the time commanding a premium of from three to three and one-half per cent. The resolution passed the House June 10. The Senate on the 21st, on motion of Sherman, added the section terminating the legal tender character of the trade dollar, and passed the bill. The bill was favorably reported in the House June 28, but the House added further amendments, and the bill went to a conference committee. The report of the committee was concurred in by the House, July 13, by a vote of 129 to 76, 82 not voting, and by the Senate the next day without a division.

-

For the pro

REFERENCES. Text in U.S. Statutes at Large, XIX, 215. ceedings see the House and Senate Journals, 44th Cong., 1st Sess., and the Cong. Record. The important discussion was over the report of the conference committee. On the trade dollar see Senate Exec. Doc. 80 and House Misc. Doc. 44, 45th Cong., 2d Sess.; House Misc. Doc. 11, 46th Cong., Ist Sess.; House Report 534, 46th Cong., 2d Sess.

Joint resolution for the issue of silver coin.

Resolved. That the Secretary of the Treasury, under such limits and regulations as will best secure a just and fair distribu