" As respects
the Territories, they come within the power of Congress, for as to them
the lawmaking power is the Federal power; but as to the States no
similar provision exists vesting in Congress the power "to make rules
and regulations" for them.
The object of the second section of the bill is to afford discriminating
protection to colored persons in the full enjoyment of all the rights
secured to them by the preceding section. It declares--
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 $1,000, or imprisonment not
exceeding one year, or both, in the discretion of the court.
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