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1 Charles Sumner, A Republican Form of Government; Our First Duty and the Essential Condition of Peace: Bills and Resolutions, by Hon. Charles Sumner, of Massachusetts, in the Senate of the United States at the Opening of the Session of Congress, Dec. 4, 1865 1 (1865)

handle is hein.slavery/rpfgvt0001 and id is 1 raw text is: 





A REPUBLICAN FORM OF GOVERNIENT; OUR FIRST
   DUTY AND THE ESSENTIAL CONDITION OF PEACE.




      .BILLS AND RESOLUTIONS,

                                    BY



 HON. CHARLES SUMNER,

                 OF MASSACHUSETTS,

IN THE SENATE OF THE UNITED STATES, AT THE OPEN-
     ING OF     THE   SESSION    OF   CONGRESS, DEC. 4, 1865.


                                     I.
 A BILL To carry out the principles of a republican form of government in the
                           District of Columbia.
  Be it enacted by the Sonstl and House of Representatives of the United States of
  America in Congress assembled, That no person, in other respects qualified to vote
  within the District of Columbia, shall be excluded from that right by reason of
  his race or color.
  Sno 2. And be it further enacted, That any person whose duty it shall be to
  receive votes at any election within the District of Columbia who shall refuse to
  receive or shall reject the vote of any person entitled to such right under this act
  shall be liable to an action of tort by the person injured, and shall be liable, upon
  indictment and conviction, if such act was done knowingly, to a fine not exceeding
  five thousand dollars, or by imprisonment for a term not exceeding one year, or to
  both. And where the person injured is of African descent, one-half the jury im-
  panelled to try the action or indictment shall be of African descent.
  SiEc. 3. And be it further enacted, That any person who shall molest any person
  entitled to vote under this act, in the exercise of such right, shall, upon indict-
  ment and conviction, be liable to a fine not exceeding three thousand dollars, or to
  imprisonment for a term not not exceeding six month,, or to both; and if the person
  molested was of Afican descent, one-half the jury impanelled to try the indict-
  ment shall be of African descent.
                                    IL

 A BILL To preserve the right of trial by jury, by securing impartial jurors, in the
                         courts of the United States.
   Be it enacted by. the Senate and House of Representatives of the United States of
 America in Congress, assembled, That in the courts of the United States in any
 State whereof, according to the census of anno Domini eighteen hundred and sixty,
 one-sixth part or more of the population was of African descent, every grand jury
 shall consist one-half of persons of African descent who shall possess the other
 qualifications now required by law; and every petit jury shall, when the matter to
 be tried relates to any injury inflicted by a person of African descent upon a person
 not of such descent, or vice versa, or to any claim, suit or demand between a per.
 son of such descent and one not of such descent, consist one-half of persons of Afri-
 can descent possessing the other qualifications now required by law. Upon any
 such trial, prejudice against persons of African descent, or against persons not of
 such descent, shall be ground of challenge, and being establisned by proof, to the
 satisfaction of the judge, shall exclude the  nror. And upon any such trial, ina-
 bility to read or write shall be ground of challenge; and the fact being found by
 the judge, shall exclude the juror.


Reproduced with permission from the University of Illinois at Chicago

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