The national Republican., 1866-04-12
[oTyIorAL.l
LAWS OF THE UNITED STATES.
ToFTIcIAL.l
Passed az the first session OF the Thirty
ninth Congress.

their yindication.
,,ntatipe, Of the United States Of America in Con-
Rross assepiJLed, That all persons born In the Uni
ted States and not subject TO any foreign power,
excluding Indians, not taxed, are hereby declared
TO be citizens Of the United States and such cit-
Esns, Of every race and color, without regard to
any previous condition OF slavery or involuntary
serytuds, except as q punishment for crime where
Of the party shall have been duly convicted, shall
have the Same right, in every State and Territory
in the United States, to make. and enforce con
tracts to sue be parties and give evidence to in.
herit purchase lease, sell, hold, and convey real
and personal property, and to full and equal bene.
ct Of all laws and proceedings for the security Of
person and property, as isonjoyed by white citizens
and shall be subject to like punishment, pains, and
penalties and to mono other any law, statute, or
dinancc, regulation, or custom, to the contrary
Notwithstanding.
SEC. O. And Be IL further enacted, That any per.
son who, under color Of any law statute, ordi-
nance, regulation, custom shall subject or cause
to be subjected any inhabitant Of any State or
Territory to the deprivation Of any right secured or
protected by this act, or to different punishment
pains, penalties on account Of such person haV.
Ing at any time been held In condition OF slavery
or involuntary servitude, except as q punishment
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 misdemeanor, and, on
conviction, shall be punished by fine not exceed
ing one thousand dollars, or imprisonment not ex-
ceeding year, or both In the discretion oil the
court.
SIC. 8. And Be it further enacted, That the
district courts Of the United States, within their
respective districts shall have, exclusively Of the
courts Of the several States, cognizance Of all
crimes and offences committed against the proys
ions Of this act, and also, concurrently with the
circuit courts Of the United States of all causes,
civil and criminal, affecting persons who are de-
MED or cannot enforce in the courts r.judcial tr
bunals of the State locality where they may be
any Of the rights secured to them by the first Sec
tion Of this act; and any suit or prosecution, civil
criminal, has been or shall be commenced in any
State court against any such person. for any cause
whatsoever or against any officer civil military
or other person, for any arrest or imprisonment
trespasses wrongs done or committed by virtue or
under color Of authority derived from this act or
tho act establishing a Bureau for the relief of
Freedmen and Refugees and all acts 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
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 three, eighteen
hundred and xty-throe, and all acts amendatory
thereof. Tho Jurisdiction In civil and criminal
matters hereby conferred the district and circuit
courts Of the United States shall be exercised and
enforced in conformity with the laws of the United
States far such laws 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 rene
dies and punish offences against law, the common
law, as'modifed and changed by the constitution
and statutes Of the State wherein the court having
jursdistion Of the cause civil or criminal Is held
far rs the same Is not inconsistent with the Con-
stitution 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 criminal na-
ture, In the inhiction Of punishment on the party
found guilty.
SEC. 4. And be ii further enacted, That the dis
trict attorneys, mArshals, and deputy mnrshals OF
the United States, the commissioners appointed by
the circuit and territorial courts Of the United
States with powers Of arresting imprisonng, or
bailing offenders against the laws Of the United
States, the officers and agents Of the Freedmen
Bureau, and every other officer who may be spe.
cially empowered by the President Of the United
States, shall be, and they hereby, specially au.
thoriIed 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 him or them to be arrested and
imprisoned, or bailed, the may be, for trial
before such court Of the United States or territorial
court rs by this act has cogniIance OF the offence.
And with a view Of ahording reasonable protection
to all persons in their constitutional rights OF equal
ity before the lazy, without distinction Of race oil
color or preyious condition Of slavery or invOlun
tary Jervitude, except as a punishment for crime
whereof the party shall have been duly convicted
and to the prompt discharge of the duties Of th
act It shall be the duty of the circuit courts of th'
United States and the superior courts of the Ter
ritories Of the United States from time to time,
increase the number Of commissioners, so as n ai
ford speedy and convenient means for the ares
and examination of persons charged with viola
ton Of this act and such commissioners are hereb,
authorised and required to exercise and disoharg'
all the powers and duties conferred on them by ihi
act, and the same duties with regard to offence
created by this act, as they authorized by Law
to exercise with regard to other offences against tn
laws of the United States,
SEC. s. dIId Be it further enacted, That 1t shRl
be the dsty Of all marshals and deputy mnrshals t.
obey and execute oil warrants and precepts issue
under the provisions Of this act, when tosthem di
rected; and should any marshal or deputy marsha
refuse to receive such warrant or other process
when rendered, or to use all proper means dill
gently to execute the same he shall, on conviction
thereof be fined in the sum of one thousand dol
lars, to the use Of the person upon whom the nc
cused is alleged to have committed the offence
And the better to enable the said commissioners /
execute their duties faithfully and efficiently, i
conformity with the Constitution of the Unite
States and the requirements Of this act, they ar
hereby authorized and empowered, within thei
counties respectively, to appoint, in writing unde
their hands, any or more suitable persons, iron
time to time, to execute all such warrants an
other process as may be Issued by them in the law
full performance Of their respective dutes; and tn
persons so appointed to execute any warrant o
process as aforesaid shall have authority to summo
and call to their aid the bystanders or posse com
tatus Of the proper county, or such portion Of tn
land or naval forces Of the United States Of tn
militia, as may be necessary to the performance Q
the duty with which they are charged, and to In
sure faithful observance Of the clause Of the Con
stitution which prohibits slavery, in conformit
with the provisions Of this act and said warrant
shall run and be executed by said officers anywher
in the State or Territory within which they ar
issued.
SEC. 8. And be 1t further enacted, That any per
son who shall knowingly and wilfully obstruct hin
der, or prevent any officer, other person charge
with the execution of any warrant or proceis Is
sued under the provisions of this act, or any per
son persons lawfully assisting him them, from
Arresting any person for whose apprehension sucl
warrant or process may have been issued or shal
T,sJue or attempt to rescue such person from th
custody Of the officer, other person or persons, o
those lawfully assisting as aforesaid, when so ar
rested pursuant to the authority herein given anC
declared or shall aid, abet or assist any person
arrested as aforesaid, directly indirectly, to es
cape from the custody Of the officer or other perso
legally authorized aforesaid, or Phall haTbOr o
conceal any person for whose arrest a warrant .
process shall have been issued as aforesaid so as
prevent his discovery and arrest after notice 0
knoWledge Of the fact that warrant has been i
sued for the apprehension Of such person. shall io
either Of said Offences be subject to fine not e'
oeediDR one thousand dollars and imprisonmer
not exceeding sig months, by indictment and COZ
victlon bafoTa the district court OF the Unite