First Civil Rights Act of 1866 - An Act to protect all Persons in the United States in their Civil Rights - Legislative text

Oct 16, 2026

Uploaded by Franzy

First Civil Rights Act of 1866 establishes citizenship for persons born in the United States, regardless of race or color, with limited exceptions. It guarantees equal rights in every State and Territory, including the ability to make and enforce contracts, sue, hold and convey property, and receive equal legal protection. It criminalizes violations by anyone acting under color of law, with penalties for deprivation of rights or differential punishment. It also defines federal jurisdiction and procedures for removal, trial, and enforcement, supported by federal officers and commissioners.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Civil Rights Act of 1866

Citizenship and Equal Rights (Section 1)

Criminal Liability for Deprivation of Rights (Section 2)

Federal Courts’ Jurisdiction and Removal Procedures (Section 3)

Enforcement Duties of Federal Officers and Commissioners (Section 4)

First Civil Rights Act, 1866 CIVIL RIGHTS ACT OF 1866 (1866) Civil Rights Act of 1866 CHAP. XXXI.—An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, 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 full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding. Sec. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court. Sec. 3. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act; and if any suitor prosecution, civil or criminal, has been or shall be commenced in any State court, against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a Bureau for the relief of Freedmen and Refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the “Act relating to habeas corpus and regulating judicial proceedings in certain cases,” approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the

FAQs

Who does the Civil Rights Act of 1866 declare to be citizens of the United States?

It declares that all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are citizens of the United States.

What rights does the act guarantee in every State and Territory?

It grants citizens equal rights to make and enforce contracts, sue, be parties in legal proceedings, give evidence, inherit, purchase, lease, sell, hold, and convey real and personal property, with equal benefit of laws and proceedings for security of person and property.

How does the act address violations and what penalties apply?

It deems guilty a misdemeanor any person who, under color of law, deprives others of rights secured by the act or imposes different punishment on account of prior status or race/color, except where punishment is for a duly convicted crime. Penalties include fines up to one thousand dollars, imprisonment up to one year, or both at the court’s discretion.

Oct 16, 2026

Uploaded by Franzy