"TITLE 18, UNITED STATES CODE, SECTION 1114 "Sec. 1114. Protection of officers and employees of the United States "Whoever kills any judge of the United States, any United States attorney, any Assistant United States attorney, or any United States marshal or deputy marshal or person employed to assist such marshal or deputy marshal, any officer or employee of the Federal Bureau of Investigation of the Department of Justice, any post-office inspector, any officer or employee of the Secret Service or of the Bureau of Narcotics, any officer or enlisted [man of the Coast Guard,] member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, any officer or employee of any United States penal or correctional institution, any officer, employee or agent of the customs or of the internal revenue or any person assisting him in the execution of his duties, any immigration officer, any officer or employee of the Department of Agriculture or of the Department of the Interior designated by the Secretary of Agriculture or the Secretary of the Interior to enforce any Act of Congress for the protection, preservation, or restoration of game and other wild birds and animals, any officer or employee of the National Park Service, any officer or employee of, or assigned to duty in, the field service of the Bureau of Land Management, any employee of the Bureau of Animal Industry of the Department of Agriculture, or any officer or employee of the Indian field service of the United States, while engaged in the performance of his official duties, or on account of the performance of his official duties, shall be punished as provided under sections 1111 and 1112 of this title." Mr. YOUNG. I have here, Mr. Chairman, an action sheet on all the civil rights bills before this committee showing the status of each before the committee and the movement in the committee as of the time they have been here. I offer that as an exhibit to the record. Senator JOHNSTON. It may become an exhibit. The document referred to is as follows: SENATE JOINT RESOLUTION 29: PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES, RELATING TO THE QUALIFICATION OF ELECTORS Referred to the Judiciary Committee on January 26, 1955. Referred to Subcommittee on Constitutional Amendments on February 7, 1955. February 22, 1955: Report requested from the Attorney General. April 11, 13, 1956: Public hearing (recorded). SENATE CONCURRENT RESOLUTION 8: ESTABLISHING A JOINT CONGRESSIONAL COMMITTEE ON CIVIL RIGHTS Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. 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 Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. S. 902: To REORGANIZE THE DEPARTMENT OF JUSTICE FOR THE PROTECTION OF CIVIL RIGHTS Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. March 22, 1955: Report requested from the Attorney General. March 2, 1956: Reported by subcommittee. 79992-56-4 S. 903: To PROTECT THE RIGHT TO POLITICAL PARTICIPATION Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. July 27, 1955: Reports requested from the Attorney General and the Secretary of Labor. September 9, 1955: Report received from the Attorney General. February 23, 1956: Reported by subcommittee. S. 904: TO STRENGTHEN THE LAWS RELATING TO CONVICT LABOR, PEONAGE, SLAVERY, AND INVOLUNTARY SERVITUDE Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. April 21, 1955: Report received from the Attorney General. S. 905: To AMEND AND SUPPLEMENT EXISTING CIVIL-RIGHTS STATUTES Referred to the Judiciary Committee on February 1, 1955. Referred to Subcommittee on Constitutional Rights on February 7, 1955. March 22, 1955: Report requested from the Attorney General. S. 906: To ESTABLISH A COMMISSION ON CIVIL RIGHTS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT Referred to the Judiciary Committee on February 1, 1955. Referred to the Subcommittee on Constitutional Rights on February 7, 1955. March 22, 1955: Report requested from the Attorney General. September 9, 1955: Report received from the Attorney General. S. 907: To PROTECT THE CIVIL RIGHTS OF INDIVIDUALS BY ESTABLISHING A COMMISSION ON CIVIL RIGHTS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, a CIVIL RIGHTS DIVISION IN THE DEPARTMENT OF JUSTICE, AND A JOINT CONGRESSIONAL COMMITTEE ON CIVIL RIGHTS, TO STRENGTHEN THE CRIMINAL LAWS PROTECTING THE CIVIL RIGHTS OF INDIVIDUALS, AND FOR OTHER PURPOSES Referred to the Judiciary Committee on February 1, 1955. Referred to the Subcommittee on Constitutional Rights on February 7, 1955. March 22, 1955: Report requested from the Attorney General. S. 1089: To EXTEND TO UNIFORMED MEMBERS OF THE ARMED FORCES THE SAME PROTECTION AGAINST BODILY ATTACK AS Is Now GRANTED TO PERSONNEL OF THE COAST GUARD Referred to the Judiciary Committee on February 15, 1955. Referred to the Subcommittee on Constitutional Rights on February 24, 1955. S. 3415: To ESTABLISH A FEDERAL COMMISSION ON CIVIL RIGHTS AND PRIVILEGES; TO PROMOTE OBSERVANCE OF THE CIVIL RIGHTS OF ALL INDIVIDUALS; AND TO AID IN ELIMINATING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, CREED, OR COLOR Referred to Judiciary Committee on March 12, 1956. March 14, 1956: Report requested from the Attorney General. S. 3604: TO PROVIDE FOR AN ADDITIONAL ASSISTANT ATTORNEY GENERAL Referred to Judiciary Committee on April 11, 1956. April 12, 1956: Supporting data is on file from the Attorney General. S. 3605: TO ESTABLISH A BIPARTISAN COMMISSION ON CIVIL RIGHTS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT Referred to Judiciary Committee on April 11, 1956. April 12, 1956: Supporting data is on file from the Attorney General. H. R. 5205: TO EXTEND TO MEMBERS OF THE ARMED FORCES THE SAME PROTECTION AGAINST BODILY ATTACK AS IS Now GRANTED TO PERSONNEL OF THE COAST GUARD Referred to Judiciary Committee on January 17, 1956. Referred to the Subcommittee on Constitutional Rights on January 18, 1956. February 23, 1956: Reported by subcommittee. This bill passed the House January 16, 1956 (H. Rept. 1555). Mr YOUNG. I offer at this time, Mr. Chairman, the constitution of the Subcommittee on the Constitutional Rights showing Mr. Hennings as chairman, Mr. O'Mahoney and Mr. Langer as members. Senator JOHNSTON. It may become part of the record. The document referred to is as follows: Mr. O'MAHONEY CONSTITUTIONAL RIGHTS Mr. HENNINGs, Chairman Mr. LANGER Mr. YOUNG. I also offer at this time, Mr. Chairman, the membership of the Subcommittee on Constitutional Amendments, showing Mr. Kefauver as chairman, Mr. Hennings, Mr. Daniel, Mr. Langer and Mr. Dirksen as the other members. I offer that for the record. The document referred to is as follows: Mr. HENNINGS Mr. DANIEL CONSTITUTIONAL AMENDMENTS Mr. KEFAUVER, Chairman Mr. LANGER Mr. DIRKSEN Mr. YOUNG. I offer at this time to be placed in the record the four bills reported out of the Subcommittee on Constitutional Rights to the full committee, with the reports of the subcommittee. The bills are S. 900, S. 902, S. 903, and H. R. 5205. Senator JOHNSTON. They may become a part of the record. [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 from lynching, and for other purposes 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, 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 a State by the malfeasance or nonfeasance of governmental officers or employees 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 Constitytion 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 governmental 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 no 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 reli gion, 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, n accordance with the treaty oblgations 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 rights 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. A 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 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 |