Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1866-03-31
GENERAL INTELLIGENCE. |
The Civil Rights Bin.


err, excluding Indians not taxed, are hereby
declared to be citizens of tine United States,
and such citizens, of every race and Color,
without regard to any previous condition OF
slavery or Involuntary servitude, except as
punishment for crime, whereof the party
shall have been duly convicted, shall have the
same right in every state and territory to
make aud enforce contracts, to sue and to be
sued, and give evidence, to inherit, purchase,
lease, sell, hold and convey real and personal
property and to full and equal benefit of all
Jaws and proceedings for the security of per-
son and property as is enjoyed by white cltl-
zens, and shall be subjected to hKe punish
ment, pains and penalties, and to none other,
any law, statute, ordinance, regulation or
custom to the contrary Notwithstanding.
Section 2. And that any person who, under
color of any law statute, ordinance, regulation
or custom, shall subject or cause to be sub
jected, any inhabitant OF any state or territory
to the deprivation of any right secured or pro-
tected by this act, or to punishment pains or
penalties on account of such person havin at
any time been held in condition of slavery
or involuntary servitude, except as punish
ment for crime, whereof the party shall have
been duly convicted, or by reason OF his color
or race than is prescribed for the punishment
OF white persons, shall be deemed guilty of a
misdemeanor, and on conviction shall be pun
ished by fine not exceeding one thousand dol
lars or imprisonment not exceeding one year,
or both, in the discretion OF the court.
Section 3. That the district courts of the
United States within their respective districts
shall have, exclusively of the courts OF the
several states, cognlzance OF all crimes and
offences committed against the provisions OF
this act, and also cononrrentiy with the circuit
courts of the United States, OF all causes civil
and criminal, affecting persons who are denied
or cannot enforce in the courts or judicial trl
bunais Of the state. or locality where they may
be- any of the rights secured to- them by the
first section of this act; and if any suit or
criminal been
shall be commenced in any state court against
any snch person for any cause whatever, civil
or military, or other person, for any arrest or
imprisonment, trespasses or wrongs done or
committed by virtue or under color OF author
ity derived from this act, or the act establish
ing bureau for the relief or freedmen and
refugees, and an act amendatory thereof, or
for refusing to do any act upon the ground
that it would be inconsistent with this act,
such defendant shall have the right TO remove
such cause for trial to the proper district or
circuit court, in the manner prescribed by the
act relating to habeas corpus and regulating
judicial proceedings IN certain cases, approved
March 81, 1853, ana all acts amendatory there
to, the jurisdiction in civil and criminal mat
tiers hereby conferred on the district and cir
cult courts of the United States shall be exer-
cised and enforced III conformity with the laws
of the United States, so far as such laws are
suitable to carry the same into effect; but In
all cases where such laws are not adapted to
the object or are deficient in the provisions
necessary TO furnish suitable remedies and
nunish offenses 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 Grim
inal, is held. so far as the same is not incon-
sistent 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 ii of a criminal nature, in the in
Fiction of punishment on the party found
guilty.
Section 4. That the district attorneys mar.
shals and deputy marshals of the United
States, with powers of arresting, imprison-
ing or bailing offenders against the laws of
the United States. the officers and agents OF
the Freedmen's Bureau, and every other
officer who may be especially empowered by
the President of the United States, shall be
and they are hereby specially authorized and
required, Fat 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 or them to be arrested and
imprisoned, OF bailed, as the case may be, for
trial before such Court OF the United States or
Territorial Court, as By this act has cog
nizance OF the oftense, and with a view to
affording reasonable protection TO all persons
in their Constitutional rights Of equality be-
fore the law, without distinction of race or
color, previous condition OF slavery or invol-
untary servitude, except as apunishment for
crime, whereof the party shall have been Only
convicted, and by 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 examination of persons charged with
violation of this act.
Section 6 That said Commissioners shall
have concurrent jurisdiction with the Judges Of
the Circuit and District Courts of the United
H. II
of the Territories severally and collectively, in
term time and vacation, upon satisfactory
proof being made, to issue warrants and pre-
cepts for arrestiDg and bringing before them
all offenders against the provisions OF this act,
and on examination, to discharge, admit to
bail or commit for trial. as the facts may war;
rant,
Section C. Such commissioners are hereby
authorized and required to exercise and dis
charge all the powers and duties conferred on
them by this act, and the same duties with
regard to offenses created by this act, as they
are authorized by law to exercise with regard
to other offenses against the laws OF the United
States: that it shall be the duty of all mar
shals and deputy marshals to obey and exc
cute all warrants and precepts issued under
the provisions of this act, when to them
directed; and should any marshal or deputy
marshal refuse to receive such warrant or
other process when rendered, or to use all
proper means diligently to execute the same,
he shall, on conviction thereof, be fined in the
sum of one thorsand dollars, to the use of the
person upon whom the accused is alleged to
have committed the offense; and the better to
enable the said commissions to execute their
duties faithfully and efficiently, in conformity
with the Constitution of the United States and
the requirements of this act, they are hereby
authorized and empowered, within their coun-
ties, respectively to appoint IN writing, under
their hands, any one or more suitable persons,
from time to time, to execute such warrants
and other process as may be issued by them
in the lawful performance of their respective
duties, and the persons so appointed to exc
cute any warrant or process as aforesaid, shall
have authority to Summon and call to their
aid the bystanders or posse coDaHdtus OF the
proper county, or such portion of the land or
naval forces of the United States or of the
militia, as may be necessary to the perform
ance of the duty with which they are charged,
and to insure faithful observance of the
clause of the Constitution which prohibits
slavery, in conformity with the provisions of
this act. and said warrants shall run and be
executed by said officere anywhere in the State
or Territory within which they are issued.
I Section7. That any person who shall know
ingly and wilfully obstruct, hinder or prevent
any officer or other person charged with the
execution of any warrant or process issued
under the supervision of this act, or any per-
son or persons lawfully assisting him or them,
from arresting any person for. whose appre-
hension, uch warrant or process may have
been issued, or shall rescue or attemot to res
cue such person from the custody Of the off,
GERS, other person or persons,s or those law
fully assisting as aforesaid, when so arrested
declared, or shall aid, abet or assist any per-
son so arrested as aforesaid, directly or indi-
rectly, to escape from the custody of the Off
Ger or other personlegally authorized as afore-