Allegiance and protection are reciprocal rights."

To the President's objection to the second section of the bill, that
it discriminated in favor of colored persons, Mr. Trumbull replied:
"It says, in effect, that no one shall subject a colored person to a
different punishment than that inflicted on a white person for the
same offense. Does that discriminate in favor of the colored person?
Why, sir, the very object and effect of the section is to prevent
discrimination, and language, it seems to me, could not more plainly
express that object and effect. It may be said that it is for the
benefit of the black man, because he is now, in some instances,
discriminated against by State laws; but that is the case with all
remedial statutes. They are for the relief of the persons who need the
relief, not for the relief of those who have the right already; and
when those needing the relief obtain it, they stand upon the precise
footing of those who do not need the benefit of the law."

The President had further objected to this section, that "it provides
for counteracting such forbidden legislation by imposing fine and
imprisonment upon the legislators who may pass such conflicting laws."

"Let us see," said Mr. Trumbull, "if that is the language or the
proper construction of the section. I will read again the first lines
of it. It declares 'that any person who, under color of any law,
ordinance, regulation, or custom, shall subject, or cause to be
subjected, etc., * * * shall be punished,' etc.

"Who is to be punished? Is the law to be punished? Are the men who
make the law to be punished? Is that the language of the bill? Not at
all. If any person, 'under color of any law,' shall subject another to
the deprivation of a right to which he is entitled, he is to be
punished. Who? The person who, under the color of the law, does the
act, not the men who made the law. In some communities in the South a
custom prevails by which different punishment is inflicted upon the
blacks from that meted out to whites for the same offense. Does this
section propose to punish the community where the custom prevails? or
is it to punish the person who, under color of the custom, deprives
the party of his right? It is a manifest perversion of the meaning of
the section to assert any thing else.

"But it is said that under this provision judges of the courts and
ministerial officers who are engaged in execution of any such statutes
may be punish