History Second Enforcement Act of 1871
in january 1871, republican senator john scott of pennsylvania convened congressional committee hear testimony witnesses of klan atrocities. in february, congressman benjamin franklin butler of massachusetts introduced anti-klan bill, intended enforce both fourteenth amendment , civil rights act of 1866. butler s bill narrowly defeated in house, whereupon rep. samuel shellabarger, of ohio, introduced substitute bill—only less sweeping butler s original. bill brought few holdout republicans line, , bill narrowly passed house, sailed through senate , signed law on april 20 president ulysses s. grant.
benjamin franklin butler drafted initial version of third enforcement bill.
samuel shellbarger wrote final version passed , signed law.
use during reconstruction
under klan act during reconstruction, federal troops used rather state militias enforce law, , klansmen prosecuted in federal court, juries predominantly black. hundreds of klan members fined or imprisoned, , habeas corpus suspended in 9 counties in south carolina. these efforts successful klan destroyed in south carolina , decimated throughout rest of former confederacy, had been in decline several years. klan not exist again until recreation in 1915. during brief existence, however, first era klan did achieve many of goals in south, such denying voting rights southern blacks.
in history, under grant administration, act used—along force act—to bring justice violating civil rights of newly freed african americans. after end of grant administration, , dismantling of reconstruction under rutherford b. hayes, enforcement of act fell disuse , few cases brought under statute hundred years.
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