Excerpt from Enforcement of Fourteenth Amendment: Speech of Hon. Allen G. Thurman, of Ohio, in the Senate of the United States, April 13, 1871

Now, I put it to the member of the commit tee who has this bill in charge, does that include the legislators of a State 'and when he comes to address the senatei hope he will tell us what his interpretation is. It is a deprivation under color of law, a deprivation which some one Shall inflict or cause to be indicted upon some other; and now if the legislators of a State pass a law which, in the judgment of some person, deprives him of some right, privilege, or immunity, and a district judge of the United States should be of the same Opinion, I put it to the Senator, where is the clause that exempts those legislators from the action that is provided in this section of the bill? I do not know what answer can be given to this. They pass the law, and they are there fore the very persons who do cause the man to be deprived of what is held to be his priv ilege.

Suppose, for instance, the State of Ohio, as has usually been the case there, provides for schools for white children separate from schools for colored children for the State of Ohio has educated colored children almost ever since it had a school system, but in general has pro vided for their schools being kept separate from the schools for the white children. If that is the deprivation of a right, privilege, or immunity, then by the terms of this bill, nu limited as they are, every legislator who votes for such a law is liable to be sued in a district court of the United States, and that although he voted for the law under the obligation of his oath to support the Constitution of the Uni: ted States, and in strict accordance with what he conscientiously believed to be the true meaning of that instrument.

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