The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-05-03


senatres Of the United States Of Ame.ea q" Congress
| assembled, That all persons born in the United
States and not subject to any IoSlgn JaI. d
to be citizens of the United States anu such clti-
| of every and color, without regard 10
any previous condition of slavery or involuntary
scrvitude, except as a punishment for crime
! whereof the party shall been duly convicted,
shall have the same right in every State and Ter
! rtorv i'm the United States to make and enforce
| contracts, TO sue, be parties and give evidence,
to inherit purchase, lease, sell, hold, ana convey
benefit OF all laws and proceedings for the sccuri-
ty of person and property as is enjoyed oy White
citizens, and shall be hject to like punishment,
pains, and penalties, and to none other, any law,
! statute ordinance, regulation, or custom to the
| contrary Notwithstanding.
who, under color of any law, statute, ordI
nance, regulation, or custom, shall subJect, or
| or Territory to the deprivation of any right
cured or protected by this act, or to different
punishment pains or penalties on account hed o,
condition of slavery or involuntary servtude eX-
cept us punishment for crime whereof the party
shall have been duly convicted, or by reason OF
his color or race than is prescribed for the pun
ishment of white persons, shall be deemed guilty
of Il misdemeanor, and, on conviction, shall be
punished by fine not exceeding one thousand dol
lars, or imprisonment not exceeding one year, or
BOTH in the discretion of the court.
SEC. 3. Ind be 1t FURTHER enacted That the dis
trict courts of the United States, within their
specxve districts, shall have, exclusively OF the
courts of the several States, cogniZancc OF all
sions of this act, and ALSO concurrently with the
circuit courts of the United States, OF all causes
civil and criminal, affecting persons who are dc
MED or cannot enforce in the courts or Judicial
tribunals 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 prosecution
civil criminal, has been or shall be commenced
in any State court against any such person, for
anv canse whatsoever, against any officer, civil
military, or other person, for arrest or impri-
sonmcnt, treSpasscS, or wrongs done or commit
ted by virtue or under color of authority derived
H.
the relief OF freedmen and refugees, ana All acts
amrndatory thereof; or for refusing to do any
upon the ground that it would be inconsistent
with this act, such defendant shall have the right
to remove such cause for trial 10 the proper dist
trict circuit court i'll the manner prescribed by
the Act relating to haJtds cor,ts and regulating
judicial proceedings in certain cases. approved
March three, eighteen hundred and siNty-thrcc,
and all acts amcndatory thereof. The jurisdic-
ton 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 CnItcd States so far
us such laws are suitable to carry the same into
effect but in all cases where such laws are not
adapted to the object, arc deficient i'll 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 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 i'll
the trial and disposition of such cause, and if of
n criminal nature in the intcton Of punishment
on the party found guilty
SEC. I. imd be ii Tnrthcr c1tdcted That the dis
trict attorneys marsh.ls, and deputy marSllals of
the United States, the commissioners appointed
by the circuit and territorial courts of the United
States with powers of arrcsting, imprisoning
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 spe-
clally empowered by the President of the United
States shall lie, and they hereby, specially
authorized and required, II 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, or bailcd rs the case may be,
for trial before such court of the United States
territorial court rs by the act has cogniZancc of
the offence. And with the view atfording real
sOnablc protection IA all persons in their con>ti
tutiona rights of equality before the law, without
distinction of race or color, or previous condi-
ton of slavery or involuntary scrvitudc, except
punishment for crime, whereof the party
shall have been duly convicted, and 10 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, tn increase the
number of commissioners, Is TO afford Il speedy
and convenient means for the arrest and cNamipa-
ton of persons charged with 4 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 as they are authorized by law
to exercise with regard to other offences against
the laws of the United States.
SEC. ). and BE- further endctcd, That it shall
be the duty of all narshals 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
other process when rendered, or to use all proper
means diligently to execute the same, lie shall,
conviction thereof, be fined in the of one
thousand dollars, to the 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-
ton of the United States and the requirements of
this act they hereby authorized and cmpow-
cred, within their counties respectively, to APP
point in writing, under their hands, any one
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 APP
pointed to execute any warrant process as
aforesaid shall have authority to summon and
call to their aid the bystanders the posse
tdtus of the proper county, or such portion of
the land and naval forces of the United States or
the militia as may be necessary to the perfor-
nance of the duty with which they are charged,
and to insure faithful observance of the clause
of the Constitut 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. g. An6 ie it further enacted That any per-
son who shall knowingly and willfully obstruct,
hinder 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 arresting any person for whose APP
prehension such warrant process may have
been issued, or shall rescue attempt to rescue
er persons persons, or those lawfully assisting
as aforesaid, when 50 arrested pursuant to the
authority herein given and declared, or shall aid,
abet, assist any person arrested aforesaid,
directly or indirectly to escape from the custody
of the officer or other person legally authorized
as aforesaid, shall harbor conceal any person
for whose arrest a warrant process shall have
been issued as aforesaid so as to prevent his dis
covery and arrest after ictice or knowledge of the
fact that warrant has been issued for the appre-
hcnsion of such person, shall, for either of said
offences, be subject to a fine not exceeding one
Thousand dollars, and Imprisonment not exceed
ing six months, by indictment and conviction be-
fore the district court ofthe United States for the
district in which said offence may have been
committed or before the proper court of Grim
inal jurisdiction, if committed within any one of
the organized Territories of the United States.
Sec. e Ind be it further enacted. That the dis
tlict attorneys, the marshels, their deputies and
the clerks of the said district and Territorial
courts shall be paid for tieir services the like
fees may be allowed to item for similnr servi-
in other cases and in ell cases where the pro-
ceedings are before a commissioner he shall be
entitled to fee of dollars in full for his servi
in each case, inclusive of ali services incident
to such arrest and examination. The person or