New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-12

effect, the first of which became a law on the 9th
of ArTi last entitled an act to protect all persons
in the United States in their civil rights, and to
furnish the means of their vinaication, copy OF
which will be furnishedyou. This act is not inten'
ded, as many suppose, to confer upon the freedmen
or eol0red race, any political privilege OF ilah-
chise or to give them social equailay ou5 alohe 70
give them such civil rights are enJoyeu oy Nnlte
persons and to secure them in the enjoyment
thereof; and which are defined by the act to be,
to make and enforce contracts, TO sue 10 be par
ties and to give evidence, to inherit, purchase,
lease, hold, and convey real and personal pro
and to as full and equal benefits of all laws
and proceedings for the security of person and
nroperty as is enjoyed by white citizens, and shall
III slbiect to like punishment, pains and penal
ties, and no other, as white persons are subject
to- any law, ordinance, regulation or custom, TO
the contrary notwithstanding.
1t is made a misdemeanor punishable by indlet-
ment in the district court of the United States for
any person, under color of any law, ordinance,
regulation of CUSTOM to deprive any person OF any
right intended to be secured, or to subject them
to any other punishment Fpains or penalties to
which white persons are not subject, tor like con-
duct, negligence or otfense.
This law, among other things, is intended to
secure to parents the custody and services of their
children in the same way, and to the same extent
that white persons are entitled to the control and
services of their children, which is, that until they
attain the age of twenty-one years, they shall be
subject to the control of the parent and the parent
shall be entitled to the labor and services of the
child the controlling parent being under obliga
tions to support and maintain the child, and to
furnish him with all the real necessaries OF life ;
and il is only when the parent is shown to be inca
pabe.to perform his or her part of the obligation
that he or she can be deprived of these claims to
the child, without his or her consent As gen
era rule, the father is the controlling parent but
il for any cause he is incapable, and the mother is
capable, then the mother. The absence of legal
relationship of husband and wife, whilst these per-
sons were in state of slavery, may IN some
instances produce doubts as to these parental
rights The acHof the legislature of this State, ap
proved November Is, 1866, section three, provides
that freedmen who then or before that time had
lived and cohabited together as husband and wife,
should be taken and held as lawfully married,
This law will be observed on this subject: and the
children recognized by them as children of such
cohabitation will give them such parental rights
but should the man have so lived with more than
one woman now living, the mother, if proper
person, should be entitled to these parental rights
to the child and its services, except the one with
whom he SO lived at the date of said act.
Should any Of the provisions of this act have
been violated since the 9th day of April last,
which may have been within your own knowledge,
or upon complaint made by atidavit-coored per
sons, as well as white persons being entitled to
make such afidavit-you will take proceedings to
arrest and bring to trial the offender as directed
by said act.
The other act to which your attention is espe-
eially called is an act approved May II, 1856,
entitled, An act to prevent kidnapping, etc. This
act makes it felony fer any person to entice de-
coy off, or capture any negro or mulatto, with the
design to convey him or her out OF the United
States 10 be sold into slavery, to in anywise aid
in so enticlng, decoying, capturing, or carrying
such person away for said purpose. l am informed
that this act has been violated by falsely attempt
ing to employ such persons to go to other points
to labor, to enlist them in the army and by other
means. This ofense is crime so revolving to
every sense of Justice and humanity, that it is
hoped all good citizens will unite in bringing the
guilty to punishment
may with propriety add that the doGlty and
good conduct of the colored race among us during
the late war, when such strong inducements were
presented to their minds to commit outrage, aside
from all law entities them to the kindly care and
protection of all right thinking and well meaning
citizens, and it is confidently hoped when the sub
iect is properly understood, there will be few who
will disregard these obligations and should any be
perverse enough to do so, they will be promptly
brought TO trial and punishment.
In all cases in which by your order parties are
required to appear before the courts of the United
States to answer charges against them, you will
REQUIRE the witnesses upon the part Of the govern
ment, with or without surety as you may deem
proper to appear and testify, and if requested,
will require like recognizance upon the part of the
witnesses for the accused.
Should you require further information as to
your duties, you will address R. Leachman, ESQ :,
district attorney for your district at Meridian who
will at all times answer your inquiries, and render
you the necessary assistance.
Judge Of the United States Courts for the District Of Msss
fippL