The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-11
SEPTEMBER II, 1866.

with this act such defendant shall have the right
to remove such cause for trial to the proper dist
trict circuit court in the manner prescribed by
the Act relating TO hdbeas corpus and regulating
judicial proceedings in certain cases. approved
March three, eighteen hundred and sixty y-three, |
and all acts amendatory thereof The jurisdic- |
tion in civil and criminal matters hereby confer
red on the district and circuit courts of the Unit
ed States shall be exercised and enforced in con-
formity with the laws of the United States, far
such laws suitable to carry the same into |
effect; but in all cases where such laws not
adapted to the object, deficient in the pro-
visions necessary to furnish suitable remedies and
punish offences against law, the common law, as
modified and changed by the constitution and
statutes OF the State wherein the court having
Jurisdiction OF the cause, civil or criminal. is
held SO tar as the same is not inconsistent with
the Constitution and laws of the United States,
shall be extended to and govern said courts in
the trial and disposition of such cause, and if of
q criminal nature, in the inf1iction of punishment
on the party found guilty.
Sec. T. And be it further enacted That the dis
trict attorneys, marshals, and deputy marshals of
the United States, the commissioners appointed
by the circuit and territorial courts OF the United
States, with powers OF arresting, imprisoning, or
bailing offenders against the laws of the United
States, the officers and agents of the Freedmens
Bureau, and every other officer who may be spe-
clally empowered by the President OF the United
States, shall be, and they hereby specially
authorized and required, at the expense of the
United States, to institute proceedings against all
and every person who shall violate the provisions
of this act, and cause him them to be arrested
and imprisoned, or bailed the case may be,
for trial before such court of the United States
the offence. And with the view to affording rea-
sonable protection tn all persons in their consti-
tutiona rights of equality before the law without
distinction OF race or color, or previous condi-
tion of slavery or involuntary servitude, except
punishment for crime, whereof the party
shall have been duly convicted, and to the prompt
discharge of the duties of this act it shall be the
duty of the circuit courts of the United States
and the superior courts of the Territories of the
United States, from time to time, to increase the
number OF commissioners, so as to afford speedy
and convenient means for the arrest and examina-
ton OF persons charged with violation OF this
act. And such commissioners are hereby author
lied and required to exercise and discharge all
the powers and duties conferred on them by this
act, and the same duties with regard to offences
created by this act, they Authorized by law
to exercise with regard to other offences against
the laws of the United States
SEC 5. And be it further enacted, That it shall
be the duty of all rnarshals and deputy marshals
to obey and execute all warrants and precepts is
sued under the provisions of this act, when to
them directed and should any marshal or dep
uty marshal refuse to receive such warrant or
other process when rendered, or to all proper
means diligently to ev'.cute the same, he SHALL on
convection thereof b. fined in the sum of one
thousand dollars, to the use of the person upon
whom the accused is alleged to have committed
the offence. And the better to enable the said
commissioners to execute their duties faithfully
and efficiently, in conformity with the Constitu-
tion of the United States and the requirements of
this act they are hereby authorized and empow-
cred, within their counties respectively to ap
point, in writing, under their hands, any one or
more suitable persons, from time to time, to exc
cute all such warrants and other process as may
be issued by them in the lawful performance of
their respective duties; and the persons so ap-
pointed to execute any warrant or process as
aforesaid shall have authority to summon and
call to their aid the bystanders or the posse
itdtus of the proper county, or such portion OF
the land and naval forces of the United States,
the militia, may be necessary to the pcrfor-
nance Of the duty with which they are charged
and to insure faithful observance of the clause
of the Constitut on which prohibits slavery, in
conformity with the provisions of this act; and
said warrants shall run and be executed by said
officers anywhere in the State or Territory within
which they issued.
SEC. 6. And be it further enacted, That any per-
son who shall knowingly and willfully obstruct,
hinder or prevent an officer, or other person
charged with the execution of any warrant or
process issued under the provisions of this act,
or any person or persons lawfully assisting him
or them, from arrcstng anv person for whose ap
prehension such warrant process may have
been issued, or shall rescue or attempt to rescue
such person from ie custody of the officer, 9th
er persons persons, or those lawfully assisting
aforesaid, when SO arrested pursuant to the
authority herein given and declared, or shall aid,
abet, assist any person arrested aforesaid,
directly r Indirectly, to escape from the custody
of the officer or other person legally authorized
aforesaid, shall harbOr or conceal any person
for whose arrest a warrant or process shall have
been issued as aforesaid, to prevent his dis
covery and arrest after notice or knowledge of the
fact that warrant has been issued for the appre-
hensiOn of such person, shall, for either OF said
offences be subject to a fine not exceeding one
thoussnd dollars, and Imprisonment not exceed
ing six months, by indictment and conviction be-
fore the district court ofthe United States for the
district IN winch S;lQ Ouence may nave Deen
committed, before the proper court of Grim
inal Jurisdiction, if committed within any one OF
the organized Territories of the United States.
SEC z. And be 1t further enacted, That the dis
tlict attorneys, the marshals their deputies, and
the clerks of the said district and Territorial
courts shall be paid for their services the like
fees may be allowed to them for simil, r servi-
ces in other cases. and in all where the pro-
ceedings before commissioner, he shall be
entitled to fee often dollars in full for his servi-
in each case, inclusive of all services incident
to such arrest and examination. The person or
persons authorized to execute the process to be
issued by such commissioners for the arrest of
Offenders against the provisions of this act shall
be entitled to fee of five dollars for each person
he or they may arrest and take before any such
commissioner as aforesaid, with such other fees
as may be deemed reasonable by such commits
sioner for such other additional services may
be necessarily performed by him or them, such as
attending at the examination, keeping the prison
er in custody, and providing him with food and
lodging during his detention, and until the final
determination of such commissioner, and in ge'
eral for performing such other duties as may be
required in the premises; such fees to be made
up in conformity with the fees usually charged
by the officers of the courts of justice within the
proper district county, as near as may be prac-
ticabe, and paid ou. of the treasury of the United
States on the certificate of the judge of the dis
trct within which the arrest is made, and to be
recoverable from the defendant part of the
Judgment in of conviction.
SEC 3 And be it further enacted, That when
the President of the United States shall have
reason to believe that offences have been or are
likely to be committed against the provisions OF
this act within any judicial district, it shall be
Lawful for him, in his discretion, to direct the
juuge, marshal and district attorney of such dis
trct to attend at such place within the district,
and for such time as he may designate for the
purpose of the more speedy arrest and trial OF
persons charged with violation of this act; an6
It shall be the duty of every judge or other officer
when any such requisition shall be received by
him. to attend at the place and for the time there
in designated.
SEC g. And be it further enacted, That it shall
be lawful for the President of the United States,
or such person as he may empower for that pur.
pose to employ such part of the land or naval
forces of the United States, the militia, shall
be necessary to prevent the violation and enforce
the due execute OF this act
SEC. 10. And be it further enacted, That upon
all questions of law arising in any cause under
the provisions of this act final appeal may be
taken to the Supreme Court of the United
States"
rN0SIN ROLLERS