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, or 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.

[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 powers of correction or punishment which must be exercised exclusively by government in accordance with the orderly processes of law, and that when the 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 Constitution 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 officer or employee has been guilty of violation of section 7 of the proposed legislation.

Section 9 extends the provisions of the entire bill to include knowingly transporting in interstate or foreign commerce any person abducted or held by reason of his race or for purposes of punishment, conviction or intimidation.

Section 10 creates the right of civil action in any person, or the next of kin of any person, who suffers injury as the result of lynching. Such person given a right of action against any person who violates section 6, 7, or 9 of the proposed legislation or the governmental subdivision to which police functions have been delegated and in which the lynching takes place. This section provides that proof by preponderance of evidence that any officers charged with preventing lynching used all diligence and powers vested in them for the protection of persons and property, shall be an adequate affirmative defense. In the event such civil action is brought against one of the violators of sections 6, 7, or 9, judgment against any individual or governmental defendant bars further proceedings against other individuals or Government defendants. In addition, this section establishes a judgment floor of $2,000 in any civil action successfully prosecuted under this section. When a civil action is brought against any Federal Government instrumentality, judgment is to include reasonable attorneys fees. The statute of limitations in such cases is 3 years from the accrual of the cause of action and Federal judges are permitted to direct that such action be tried in such place in the judicial district as the judge may designate.

Section 11 contains the customary severability clause providing that if any provision of the act or its application is held invalid, the remainder of the act and its applications shall not be affected thereby.

B. DISCUSSION

The issue here presented has engaged the committee's attention on previous occasions. Hearings on similar legislation were conducted in the 74th, 76th, 80th, and 81st Congresses. The legislation was reported to the Senate in the 74th, 75th, 76th, 80th, and 81st Congresses.

While it is true that in recent years lynchings have become comparatively rare, nevertheless the action is so repugnant that it is well to establish as part of the law of the land that such actions of mob violence are unlawful and will

reason.

be punished to the full extent of the Federal power. When this legislation has been considered on previous occasions, its constitutionality has been questioned. Most of these assertions are based upon the suspicion that lynching is nothing but murder and the Federal Government has no constitutional right to punish lynching any more than it has to punish murder. This analogy, however, between murder and lynching is dispelled upon closer examination. In murder, one or more individuals take life generally motivated by some personal In lynching, a mob sets itself up in place of the State, in disregard of the processes of law, and attempts to mete out punishment to persons accused or suspected of crimes. The mob in such cases sets itself up as the judge, the jury, and the executioner. In murder, the accused merely violates the laws of the State. In lynching, the mob arrogates to itself the powers of the State and the functions of the Government. It is, therefore, not only an act of killing but a usurpation of the functions of the Government, and it is this combination of acts which this legislation seeks to prevent. If there is no usurpation of governmental authority and a homicide has been committed, the homicide, if punishable, is punishable under State laws. But where a homicide occurs, having as its basis the denial of justice to a person because of his race, color or religion, or any associated reason, the crime committed is against the sovereign and should be punishable accordingly.

Where does the Congress derive authority for the punishment of such actions? First of all, from its authority to punish attempts to usurp Federal authority; secondly, from its constitutional power to guarantee to each State of the Union a republican form of government; thirdly, from the constitutional power to enforce the provisions of the 14th amendment, prohibiting States from depriving any person of due process and equal protection of the laws. Also from the constitutionally delegated authority to define and punish offenses against the law of nations and from the authority conferred upon Congress to carry into effect all of the foregoing powers.

It should be clear that those who participate in mob violence and lynching know no boundaries or sections. The evil which is to be corrected is not confined to any geographical area or political subdivision nor does this legislation treat the offense as if it were a local or sectional problem.

The committee anticipates that enactment of the pending bill will result in substantial improvement in the protection of persons accused or suspected of criminal activity. Federal and local officials faced with surer punishment if they fail to exercise their authority and do their duty, will take more adequate steps to prevent lynchings and mob violence. Government subdivisions faced with the prospect of suits for civil damages will be impelled to see to it that lynchings are not permitted within their jurisdiction.

This Government which is looked upon as a model form of government by many peoples of the world, cannot afford to see its authority flouted by the lawless mob. The prestige of this Nation, its form of government and its advocacy of "equal justice under law" is at issue. The establishment of criminal and civil procedures against mob violence directed at individuals and groups by reason of race, creed or color, would serve to restore and enhance the prestige of this Nation in the eyes of those at home and abroad who look to our Government for hope and inspiration.

In view of all the foregoing, the committee after due deliberation and consideration of the previous history of this legislation and desirability of enactment, recommends favorable consideration of the legislation.

It is the opinion of the committee that it is necessary to dispense with the requirements of subsection (4) of rule XXIX of the Standing Rules of the Senate in order to expedite the business of the Senate.

THOMAS C. HENNINGS, Jr.
WILLIAM LANGER.

[S. 902, 84th Cong., 1st sess.]

A BILL To reorganize the Department of Justice for the protection of civil rights Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the Department of Justice an additional Assistant Attorney General, learned in the law, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall, under the direction of the Attorney General, be in charge of a Civil Rights Division of the Department of Justice concerned with all matters pertain

ing to the preservation and enforcement of civil rights secured by the Constitution and laws of the United States.

SEC. 102. The personnel of the Federal Bureau of Investigation of the Department of Justice shall be increased to the extent necessary to carry out effectively the duties of such Bureau with respect to the investigation of civil-rights cases under applicable Federal law. Such Bureau shall include in the training of its agents appropriate training and instructions, to be approved by the Attorney General, in the investigation of civil-rights cases.

[Senate subcommittee print]

CIVIL RIGHTS DIVISION IN DEPARTMENT OF JUSTICE

The Committee on the Judiciary, to which was referred the bill (S. 902) to reorganize the Department of Justice for the protection of civil rights, 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 elevate the civil rights section of the Department of Justice to the status of a Civil Rights Division in that Department, to be headed by an Assistant Attorney General. The bill would also increase the Federal Bureau of Investigation personnel to the extent necessary to investigate civil rights cases.

STATEMENT

The civil rights section of the Department of Justice was organized in 1939 by Attorney General Frank Murphy. When the President's Commission on Civil Rights, established pursuant to Executive Order 9808, December 5, 1946, concluded its study, one of its recommendations was that the civil rights section be elevated to a Division within the Department of Justice to be headed by an Assistant Attorney General. It also recommended the establishment within the FBI of a special unit of investigators trained in civil rights work. In its report the President's Commission pointed out that the civil rights section employs but seven attorneys who must depend upon the FBI for the development of evidence concerning possible violations of civil rights statutes. The report also pointed out that while the FBI has done valuable work in this connection, its assistance could be increased by the establishment within the Bureau of persons specialized by training and experience in the investigation of civil rights violations.

Since these recommendations of the President's Commission on Civil Rights, no action has been taken to effect these proposals.

On March 22, 1955, the committee attempted to ascertain from the Attorney General his views with respect to the need for this legislation. To this date, no reply has been received. However, information before the subcommittee is to the effect that the number of attorneys now employed in the civil rights section is the same as it was 10 years ago when the President's Commission made its report and recommended increased personnel. (In addition to the 7 attorneys, 5 clerical assistants are employed in this section.) Insofar as the budget requests for fiscal 1957 are concerned, information before the subcommittee is to the effect that no increase in personnel has been requested. The most recent information which the subcommittee has with respect to the workload of this section appears in the report of the activities of the Department of Justice for the fiscal year ended June 30, 1954. At page 183 of that report the Attorney General states:

"The civil rights section supervises and assists in the enforcement of various statutes employed to protect the federally secured civil rights and liberties of persons. The section is also charged with the responsibility of administering other statutes which relate to the conduct of elections and to labor practices having some relationship to the broad problems of civil rights of individuals.

"Six hundred and thirty-eight cases of all types were pending at the beginning of the year and 2,826 new cases were received, making a total of 3,464 cases handled during the year. Of this number 2,799 cases were terminated and 665 cases were pending at the end of the year. Approximately 10,300 complaints, letters and documents in the nature of complaints, investigative reports, memoranda, and other items of correspondence were received and analyzed."

In addition this report at page 377 states that between July 1, 1953, and June 30, 1954, the FBI instituted 1,458 preliminary investigations in civil rights cases.