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I offer that bill, Mr. Chairman, for introduction in the record. (S. 900 is as follows:)

[S. 900, 84th Cong., 1st sess.]

A BILL To declare certain rights of all persons within the jurisdiction of the United States, and for the protection of such persons

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Antilynching Act”.

FINDINGS AND POLICY

SEC. 2. The Congress hereby makes the following findings:

(a) Lynching is mob violence. It is violence which injures or kills its immediate victims. It is also violence which may be used to terrorize the racial, national, or religious groups of which its victims are members, thereby hindering all members of those groups in the free exercise of the rights guaranteed them by the Constitution and laws of the United States.

(b) The duty required of each State, by the Constitution and laws of the United States, to refrain from depriving any person of life, liberty, or property without due process of law and from denying to any person within its jurisdiction the equal protection of the laws, imposes on all States the obligations to exercise their power in a manner which will—

(1) protect all persons from mob violence without discrimination because of race, creeed, color, national origin, ancestry, language, or religion; and

(2) prevent the usurpation by mobs of the powers of correction or punishment which must be exercised exclusively by government and in accordance with the orderly processes of law.

When the United States by the malfeasance or nonfeasance of governmental offiemployees permits or condones lynching, the State fails to fulfill one or both of the above obligations, and thus effectively deprives the victim of life, liberty, or property without due process of law, denies him the equal protection of the laws, and prevents his full enjoyment of other rights guaranteed him by the Constitution and laws of the United States. By permitting or condoning lynching, the State makes the lynching its own act and gives the color of State law to the acts of those guilty of the lynching.

(c) The duty required of the United States by the Constitution and laws of the United States to refrain from depriving any person of life, liberty, or property without due process of law, imposes upon it the obligations to exercise its power in all areas within its exclusive criminal jurisdiction in a manner which will—

(1) protect all persons from mob violence without discrimination because of race, creed, color, national origin, ancestry, language, or religion; and

(2) prevent the usurpation by mobs of the powers of correction or punishment which must be exercised exclusively by government and in accordance with the orderly processes of law.

When the United States by the malfeasance or nonfeasance of government officers or employees permits or condones lynching, the United States fails to fulfill one or both of the above obligations and thus effectively deprives the victim of life, liberty, or property without due process of law, and prevents his full enjoyment of other rights guaranteed him by the Constitution and laws of the United States.

(d) Every lynching that occurs within the United States discredits this country among the nations of the world, and the resultant damage to the prestige of the United States has serious adverse effects upon good relations between the United States and other nations. The increasing importance of maintaining friendly relations among all nations renders it imperative that Congress permit on such acts within the United States which interfere with American foreign policy and weaken American leadership in the democratic cause.

(e) The United Nations Charter and the law of nations require that every person be secure against injury to himself or his property which is (1) inflicted by reason of his race, creed, color, national origin, ancestry, language, or religion, or (2) imposed in disregard of the orderly processes of law.

PURPOSES

SEC. 3. The Congress finds that the succeeding provisions of this Act are necessary in order to accomplish the following purposes:

(a) To insure the most complete and full enjoyment by all persons of the rights, privileges, and immunities secured and protected by the Constitution of the United States, and to enforce the provisions of the Constitution.

(b) To safeguard the republican form of government of the several States from the lawless conduct of persons threatening to destroy the systems of public criminal justice therein and threatening to frustrate the functioning thereof through duly constituted officials.

(c) To promote universal respect for, and observance of, human rights and fundamental freedoms for all, without distinction as to race, language, or religion, in accordance with the treaty obligations assumed by the United States under the United Nations Charter.

(d) To define and punish offenses against the law of nations.

RIGHT TO BE FREE OF LYNCHING

SEC. 4. It is hereby declared that the right to be free from lynching is a right of all persons, whether or not citizens of the United States, who are within the jurisdiction of the United States. As to all such persons, such right accrues by virtue of the provisions of the Constitution of the United States, the United Nations Charter, and the law of nations. As to citizens of the United States, such right additionally accrues by virtue of such citizenship. Such right is in addition to the same or any similar right or rights they may have as persons within the jurisdiction of, or as citizens of, the several States, the District of Columbia, the Territories, possessions, or other areas within the exclusive jurisdiction of the United States.

DEFINITIONS

SEC. 5. (a) Whenever two or more persons shall knowingly in concert (a) commit or attempt to commit violence upon any person or persons or on his or their property because of his or their race, creed, color, national origin, ancestry, language, or religion, or (b) exercise or attempt to exercise, by violence against person or property, any power of correction or punishment over any person or persons in the custody of any governmental officer or employee or suspected of, charged with, or convicted of the commission of any criminal offense, with the purpose or consequence of preventing the apprehension or trial or punishment by law of such person or persons, or of imposing a punishment not authorized by law, such persons shall constitute a lynch mob within the meaning of this Act. Any such action, or attempt at such action, by a lynch mob shall constitute lynching within the meaning of this Act.

(b) The term "governmental officer or employee," as used in this Act, shall mean any officer or employee of a State or any governmental subdivision thereof, or any officer or employee of the United States, the District of Columbia, or any Territory, possession or other area within the exclusive jurisdiction of the United States.

PUNISHMENT FOR LYNCHING

SEC. 6. Any person, whether or not a governmental officer or employee, (a) who is a member of a lynch mob or (b) who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever, shall, upon conviction, be fined not more than $1,000, or imprisoned not more than one year, or both: Provided, however, That where such lynching results in death or maiming or other serious physical or mental injury, or in damage to property, constituting a felony under applicable State, District of Columbia, Territorial, or similar law, any such person shall, upon conviction, be fined not more than $10,000, or imprisoned not more than twenty years, or both. felony, for purposes of this section, shall be deemed an offense which, under applicable State, District of Columbia, Territorial, or similar law, is punishable by imprisonment for more than one year.

PUNISHMENT FOR KNOWING FAILURE TO PREVENT OR PUNISH LYNCHING

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SEC. 7. Whenever a lynching shall occur, (a) any governmental officer or employee who shall have been charged with the duty or shall have possessed the authority as such officer or employee to prevent the lynching, but shall

have neglected, refused, or knowingly failed to make all diligent efforts to prevent the lynching, and (b) any governmental officer or employee who shall have had custody of a person or persons lynched and shall have neglected, refused, or knowingly failed to make all diligent efforts to protect such person or persons from lynching, and (c) any governmental officer or employee who, in violation of his duty as such officer or employee, shall neglect, refuse, or knowingly fail to make all diligent efforts to apprehend, keep in custody, or prosecute any person who is a member of the lynch mob or who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever, shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or by both.

DUTY OF ATTORNEY GENERAL OF THE UNITED STATES

SEC. 8. The Attorney General of the United States shall cause an investigation to be made to determine whether there has been any violation of this Act, whenever information on oath is submitted to him that a lynching has occurred, and (a) that any governmental officer or employee who shall have been charged with the duty or shall have possessed the authority as such officer or employee to prevent such lynching, has neglected, refused, or knowingly failed to make all diligent efforts to prevent such lynching, or (b) that any governmental officer or employee who shall have had custody of a person or persons lynched and has neglected, refused, or knowingly failed to make all diligent efforts to protect such person or persons from lynching, or (c) that any governmental officer or employee, in violation of his duty as such officer or employee, has neglected, refused, or knowingly failed to make all diligent efforts to apprehend, keep in custody, or prosecute any person who is a member of the lynch mob or who knowingly instigates, incites, organizes, aids, abets, or commits a lynching by any means whatsoever.

AMENDMENT TO ANTIKIDNAPING ACT

SEC. 9. The crime defined in and punishable under the Act of June 22, 1932, as amended (18 U. S. C. 1201, 1202) shall include knowingly transporting in interstate or foreign commerce, any person unlawfully abducted and held because of his race, color, religion, national origin, ancestry, language, religion, or for purposes of punishment, conviction, or intimidation.

CIVIL ACTIONS FOR DAMAGES

SEC. 10. (a) Any person, or in the event of his death the next of kin of any person, who as the result of a lynching suffers death, physical or mental injury, or property damage shall be entitled to maintain a civil action for damages for such death, injury, or damage against

(1) any person who violates sections 6, 7, or 9 of this Act in connection with such lynching;

(2) (A) the United States, or the District of Columbia, or any Territory, possession, or other governmental subdivision of the United States to which local police functions have been delegated and in which the lynching takes place; or

(B) the State or governmental subdivision thereof to which local police functions have been delegated and in which the lynching takes place.

In any action brought against the United States, the District of Columbia, or any Territory or possession or other governmental subdivision of the United States, or against any State or governmental subdivision thereof, proof by a preponderance of evidence that any officers charged with preventing the lynching used all diligence and all powers vested in them for the protection of the property damaged, or of the person or persons killed or injured shall be an adequate affirmative defense. In any action brought pursuant to this section, the satisfaction of a judgment against any individual or governmental defendant shall bar further proceedings against any other individual or governmental defendant. Where recovery in any action brought pursuant to this section is based in whole or in part on death or on physical or mental injury, the judgment shall be not less than $2,000.

(b) Where any action under this section is brought against the United States, the District of Columbia, or any Territory or possession or other governmental subdivision of the United States the action shall be brought and prosecuted by the claimant or claimants and any judgment recovered shall include reasonable attorney's fees.

(c) Any judge of the United States district court for the district in which any action under this section is instituted, or in which such action may have been transferred under the provisions of section 1404 of title 28 of the United States Code, may direct that such action be tried in any place in such district as he may designate.

(d) Any action brought pursuant to this section must be initiated within three years of the accrual of the cause of action.

SEVERABILITY CLAUSE

SEC. 11. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

The CHAIRMAN. Now, there are exhibits to the record.

Mr. YOUNG. Yes, sir.

I have before me a subcommittee print, 84th Congress, 2d section, entitled "Antilynching, a report to accompany S. 900." It is the subcommittee report on the bill S. 900.

I offer that as an exhibit to the record. (The committee print is as follows:)

[Senate subcommittee print]

ANTILYNCHING

The Committee on the Judiciary, to which was referred the bill (S. 900) to declare certain rights of all persons within the jurisdiction of the United States, and for the protection of such persons from lynching, and for other purposes, having considered the same, reports favorably thereon, without amendment, and recommends that the bill do pass.

PURPOSE

The purpose of the proposed legislation is to declare certain rights of all persons within the jurisdiction of the United States and for the protection of such persons from lynching.

STATEMENT

A. SECTION-BY-SECTION ANALYSIS

Section 1 of the proposed legislation merely provides the title by which the act may be cited.

By section 2 the Congress makes certain findings and declares certain policies. The findings which the Congress makes are that lynching is mob violence which injures or kills its immediate victims and which may be used to terrorize racial, national, or religious groups of which its victims are members, thereby denying members of those groups free exercise of the rights protected by the Constitution and laws of the United States. The Congress also finds that it is the duty of each State under the Constitution and laws of the United States to refrain from depriving any person of life, liberty, or property without due process of law and to afford persons within its jurisdiction equal protection of the law and that such duties impose additional obligations; namely, that the State will protect all persons from mob violence without discrimination and that it will prevent usurpation by mobs of the power of correction and punishment which must be exercised exclusively by Government in accordance with orderly processes of law. The Congress also finds that when a State fails by malfeasance or nonfeasance of its governmental officers or employees and permits or condones lynching, the State fails to fulfill its functions under the Constitution and laws of the United States of America, in addition, the Congress finds that by permitting or condoning lynching the State makes the lynching its own act and gives color of State law to the acts of those guilty of lynching. The Congress also finds that there lies with the Federal Government a similar obligation to protect persons from mob violence without discrimination and from the usurpation by mobs of the pow correction or punishment which must be exercised exclusively by ccordance with the orderly processes of law, and that when the

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United States fails through its officers to fulfill these obligations, it deprives the victim of life, liberty, or property, without due process of law and prevents his full enjoyment of other rights protected by the Constitution and laws of the United States. In addition, the Congress finds that each lynching that occurs in the United States brings discredit on this Nation in the eyes of the world with resultant damage to the international prestige of this Nation. The Congress also finds that the law of nations requires that every person be secure against injury to himself or his property which is inflicted by reason of race, color, creed, national origin, ancestry, language, or religion, or imposed in disregard of the orderly processes of law.

By section 3 the Congress declares the purposes of this legislation to be the insurance of complete and full enjoyment of the rights, privileges, and immunities secured and protected by the Constitution, the safeguarding of the republican form of government of the several States from the lawless conduct of persons threatening to destroy systems of public criminal justice therein and threatening to frustrate the functioning thereof through duly constituted officials, the promotion of universal respect for and observance of human rights and fundamental freedoms without distinction as to race, language, or religion and the definition and punishment of offenses against the law of nations.

Section 4 declares that the right to be free from lynching is a right of all persons within the jurisdiction of the United States and that such right accrues by virtue of the provisions of the Constituttion of the United States, the United Nations Charter, and the law of nations. With respect to citizens of the United States such right additionally accrues by virtue of such citizenship and is in addition to any similar right which such persons may have within the jurisdictions of the several States, the District of Columbia, or the Territories and possessions within the exclusive control and jurisdiction of the United States.

Section 5 defines the crime of lynching. Whenever two or more persons knowingly in concert commit or attempt to commit violence on any person or his property because of his race, creed, color, national origin, ancestry, or religion or attempt by violence against such person or property any power of correction or punishment over any person in the custody of any governmental officer or employee or persons suspected of, charged with, or convicted of the commission of any criminal offense with the purpose or consequence of preventing apprehension, trial or punishment by law of such persons or officers imposing punishment not authorized by law, such persons shall constitute a lynch mob within the meaning of this bill. Any such action or attempt by a lynch mob shall constitute lynching. The term "governmental officer or employee,” as defined, shall mean any officer or employee of a State or any governmental subdivision thereof, or any officer or employee of the United States, the District of Columbia, or any Territory, possession or other area within the exclusive jurisdiction of the United States. Section 6 provides the punishment for persons convicted of being a member of a lynch mob or knowingly committing or abetting the commission of a lynching. Punishment is to be a fine of not more than $1,000 and imprisonment not more than 1 year, or both, unless such lynching results in death, maiming or other serious physical or mental injury, or in damage to property constituting a felony under applicable State and local laws, in which case punishment may be a fine of not more than $10,000 or imprisonment for not more than 20 years, or both. A felony for the purposes of this bill is deemed to be an offense punishable by imprisonment for more than 1 year.

In addition to imposing punishment on those who participate in a lynching, section 7 of the bill also provides punishment for those governmental officers or employees who, charged with the duty, or possessing the authority, to prevent lynching, knowingly fail to make all diligent efforts to prevent the same. It also makes it a crime for any such officer or employee who, having had custody of a person lynched, knowingly failed to make all diligent efforts to protect such person from lynching. Any governmental officer or employee who knowingly fails to make all diligent efforts to apprehend, keep in custody, or prosecute any person who is a member of a lynch mob or who participates in a lynching also commits the offense. Punishment in the event of conviction of such offenses shall be by fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

Section 8 of the proposed legislation requires that the Attorney General of the United States cause an investigation to be made to determine whether there has been any violation of this proposed legislation whenever information on oath is submitted to him that a lynching has occurred and that any governmental

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