Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-03-29

States, and such citizens of every race anC
color, without regard to any previous con
dition Of slavery or involuntary servitude
except as a punishment for crime, whereo
the party shall have been duly convicted
shall have the same right in every State and
Territory 10 make and enforce contracts, &c
inherit, purchase, lease, sell, hold and con.
vey real and personal property, and to the
full and equal benefit of all laws and pro.
ceedings for the security of person and
| property, as is enjoyed by white citizens, and
shall be subject to like punishment, pains
and penalties, and 10 none other, any law,
statute, ordinance, regulations or custom to
the contrary notwithstanding.
SEC. 2. And that any person who, under
color of any law, statute or ordinance, regu-
lation or custom, shall subject or cause to be
subjected, any inhabitant Of any State or
Territory TO the deprivation of any right Sc
cured or protected by this act, or TO punish
ment, pains or penalties on account Of scch
person having at any time been held in a
! condition Of slavery or involuntary seryi-
! tude except as a punishment for crime,
whereof the party shall have been duly con-
victed, or by reason of his color or race, than
| is prescribed for the punishment of white
| persons, shall be deemed guilty of misde-
meanor, and on conviction shall be punished
by fine not exceeding $1,000, or imprison-
ment not exceeding one year, or both in the
discretion of the court
SEC. g. That the District Courts of the
United States within their respective dis
tricts shall have, exclusively the Courts ofthe
the several State, cognizance of all crimes
and offenses committed against the provis-
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 denied or cannot enforce, in the
Courts or judicial tribunals Of the State or
locality where they may be, any of the rights
secured 10 them by the first section of this
act and if any suit or prosecution, civil or
criminal, has been or shall be commenced in
any State Court against any such person for
any cause whatsoever, civil or military, or
other person for any arrest or imprisonment,
trespasses or wrongs done or committed by
virtue or under color of authority derived
from this act or the act establishing a Bu-
reau for the relief of freedmen and refugees,
and all acts amendatory thereof, or for re-
fusing to do any act upon the ground that it
would be inconsistent with this act, such de-
PENDANT shall have the right to remove such
cause for trial to the proper District or Cir
cult Court in the manner prescribed by the
"act relating to habeas corpus, and regulat-
ing judicial proceedings in certain cases, APP
proved March Sd, 1868, and all acts amepda-
tory thereto. The jurisdiction in civil and
criminal matters hereby conferred on the
District and Circuit Courts of the United
States shall be exercised and enforced in
conformity with the laws of the United
States, SO far as such laws are suitable to
cary the same into effect but in all cases
where such laws are not adapted to the OBJ
ject, or are deficient in the provisions neees-
sary 10 furnish suitable remedies and pun
ish ofienses against the laws, the common
law, as modified and changed by the Consti-
tuition and statute of the States, wherein the
Court having jurisdiction of the cause, civil
or criminal, is held, so far 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 a GRIM
inal nature in the infection of punishment
on the party found guilty.
SEC. 4. That the District Attorneys, Mar
shals 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
Freedman's Bureau, and every other officer
who may be specially empowered by the
President of the United States, shall be- and
they are hereby specially authorized and re-
quired, at the expense of the United States,
to institute proceedingShgains all and every
person who shall violate the provisions of
this act, and cause him or them to be ar
rested and IMPRISONED or bailed, as the case
may be, for trial before such Court of the
United States or Territorial Court as by
this act has cognizance of the ofense. And,
with view TO aiording reasonable protec-
ton to all persons in their constitutional
rights ofequality before the law, without dis
tinction of race or color, or previous condi-
ton of slavery or involuntary servitude. ex-
cept as punishment for crime whereof the
party shall have been duly convicted; and
to the prompt discharge of the duties of this
act, il shall be the duties of the Circuit Courts
Of the United States, and the Supreme Courts
Of the Territories of the United States, from
time TO time, TO increase the number of Com
missioners so as to afford a speedy and con-
venient means for the arrest and examine
ton Of persons charged with violation of
this act.
SEC. 5. That said Commissioners shall
have concurrent jurisdiction with the Judges
Of the Circuit and District Courts of the
United States, and the Judges of the SUI
pseme Courts Of the Territories, severally
and collectively, in term time and vacation;
upon satisfactory proof being made, to is
sue warrants and precepts for arresting and
bringing before them all offenders against
the provisions Of this act, and on examina-
ton TO discharge or admit to bail or commit
them for trial, as the facts may warrant.
SEC. 6. And such Commissioners are here
by authorized and required to exercise and
discharge all the powers and duties con-
ferred on them by this act, and the same
duties with regard TO ofienses created by
this act as they are authorized by law to ex-
eroise with regard 10 other ofienses against
the laws Of the United States. That it shall
be the duty Of all Marshals and Deputy
Marshals to obey and execute all warrants
and preeepts issued under the provisions of
this act when to them directed; aud should
any Marshal or Deputy Marshal refuse to
receive such warrant or other process when
rendered, or to use all proper means dill
gently 20 execute the same, he shall on con-
yiction thereof be fined in the sum Of one
thousand dollars 10 the use of the person
upon whom the accused is alleged 10 have
committed the oilense. And the better TO en- |
able the said Commissioners 10 execute their
duties faithfully and efiectually, in conformi-
ty with the Constitution of the United
States and the requirements of this act,
they are hereby authorized and empow-
cred, within their counties respectively, to
appoint in writing, under their own hands,
one or more suitable persons, from time to
time, TO execute all such warrants and other
process as may be issued by them in the law
lul performance Of their respective duties;
and the persons so appointed TO execute any
warrant OF process as aforesaid shall have
authority TO call their aid the bystanders or
posse ooRsiaius of the county, or such per-
sons of the land or naval forces Of the United
States, or OF the militia as may be necessary
10 the performance Of the duty with which
they are charged, and to insure faithful
observance of the cause of the Constitution
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 are issued.
SEC. Z. That any person who shall know
ingly and willfully obstruct, hinder or pre-
vent any officer or other person charged with
the execution Of any warrant or process Is
sued under the provisions of this act, or any
person or persons lawfully assisting hipl or ,
them, from arresting any person for ~hose
apprehension such warrant or process may
have been issued, or shall rescue, or attempt
to rescue such person from the custody of
-. Il