Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-29
THE CIVIL RIGHTS BILL.
Its Provisions AS Passed by both Houses
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The Civil Rights bill, which has passed the
Senate and House of Representatives, and now
awaits the Presidents signature, provides as fol
lows '"t
| SECTION /. THAT all persons born in thy United
States, and not subject to any foreign power, eX
Guiding Indians not taxed, are herewith declared
to be citizens of the United States and such citi
Pens Of every race and color, without regard to
any previous condition Of slavery or involuntary
seryitude, except punishment for crime,
whereof the party shall have the same right in
every State and Territory to make and enforce con
tracts, to sue to be sued be parties and give evi-
dence, to inherit, purchase, lease, sell, hold and
convey real and personal property and to be emit
tied to full and equal benefit of all laws and pro-
ceedings for the security Of person and property
as is enjoyed by the white citizens and shall be
subject to like punishment, pains and penalties
and to none other, any law, statute, ordinance,
regulation, or custom TO the contrary, notwith-
standing r.
Sec. , Any person who shall deprive any in
habitant Of any State or Territory Of any right
secured by this act, under color Of law regulation
OF custom, is declared guilty of a misdemeanor
punishable by fine of not exceeding one thou
sand dollars, or imprisonment not exceeding one
year. or both, at the discretion of the court.
SEC. 3. The United States District Courts Shall
have exclusive cognlzance of all offences against
this act, and also, concurrently with the United
States Circuit Court, of all civil and criminal
causes affecting persons where rights arc secured
by section l. Any suit against such persons, be-
gun in any State Court, may be removed for trial
to the proper District or Circuit Court In excep-
tional cases the common law, as modified and
changed by the constitution and status of the
States wherein the court having jurisdiction Of
the cause, civil OF crimal, is held, far as the
same IS not consistent with the Constitution and
laws of the United States, shall be extended, and
govern said courts in the trial and disposition of
such cause, and if Of criminal nature in the in
flcton OF punishment on the party found guilty.
Sec l. The district attorneys, marshalS and
deputy marshals of the United States the com
mlssiOners appointed by the circuit and territorial
courts of the United States with powers Of arrest
ing imprisoning, OF bailing offenders against the
laws of the United States, the officers and agents
of the treedmens Bureau, and every officer who
may be specially empowered by the President of
the United States, are specially authorized and re-
quired at the expense Of the United States 10 in
stitltc proceedings against every person who shall
violate the provisions Of this act: and it is made
the duty of the circuit courts Of the United States
and the superior courts Of the Territories, from
time TO time to increase the number of commits
sIonerS, so as to afford a speedy and convenient
means for the arrest and examination Of persons
charged with a violation Of this act.
SEC. 5. The commissioners are -CmDOWCrqd To
have concurrent jurisdiction with United States
Circuit and District Judges and Territorial Judg-
es, both III term time and vacation.
SEC. 8. United States Marshals and their depu-
ties arc required to obey all warrants issued under
tins act In case of refusal they may be fined one
thousand dollars each, for the use of the person
upon whom the accused is alleged to have COM
mitted the offence. The, commissioners are en-
powered to appoint county assistants to execute
and the latter may call for assistance nd
on bystanders o. summon a posse c0nqiqi2s or the
military and naval forces.
Sec. Z. Any person who shall knowingly and
obstruct, hinder or preventany officer
or other person charged with the execution of any
warrant or process issued under this act, or any
person or persons lawfully assisting or attempt to
rescue prisoners from custody is subject to fine
not exceeding one hundred dollars and imprison-
ment not exceeding six months, by Indictment be-
fore the United States District Court or the pro
per court ot criminal Jurisdiction, if committed
within any one of the organized Territories of the
United States.
Sec. s. The District Attorneys Marshals and
1eputles and clerks OF District and Territorial
Courts shall be paid for their services the fees
allowed for similar services in other case and in
I'LL cases where the proceedings are before COM |
he shall be entitled to fee Of ten dollars
IL 1uil Tor his services IN each case inclusive of all
services incident to such arrest and examination.
me person or persons authorized to execute the |
process issued by commissioners for the arrest of
blenders shall be entitled to fee Of five dollars
or each person arrested, with such other fees as
nay be deemed reasonable by the commissioner
% be paid out of the Treasury of the United
states, on the certificate of the district within
which the arrest is made and recoverable from the
defendant as pa1t Of the Judgment in case of con-
1ction.
Sec g. Whenever the President of the United
states shall have reason to believe that offences
AVE been or are likely to be committed against
he provisions of this act it shall be lawful for him
n his discretion, to direct the Judge marshal and
district attorney of the district to attend at such
'lace within the district, and at such time as he
nay design, for the purpose of the more speedy
rrest and trial OF the persons charged with vio-
ion OF this act and it shall be the duty of every
auge or otner officer, when any such requisition
han have been received by him, to attend st the