The Placer herald., 1866-05-05
THE BILL OF CIVIL RIGHTS.


| the .AIt0:
SECTION l. That all persons born in the United
| States and not subject to any foreign power, eX-
cluding Indians MOI taxed. arc hereby declared
to be citizens Of The United States; and such cit
| Zens. oil every race and color without regard 10
any previous condition OF slavery or involuntary
service, except as a punishment for crime where
OF the party shall have been du y convicted sha II
have the same right in every State and Territory
to make and enforce contracts, to sue to be sued
be parties and give evidence, TO Inherit pur-
chase lease, sell, hold and convey real and per-
sonal property. and to full and equal benefit of
all laws and proceedings for the security Of per-
son and property as are enjoyed by white citi-
zens; and shall be subject to like punishment,
pains and penalties and to none other, any law
| statute, ordinance, regulation or custom TO the
contrary Notwithstanding.
SEC. 2. And that any person who, under color
OF any law, statute, ordinance, regulation or Gus.
tom, shall subject or cause to be subjected, any
| lnhabtant of any State or Territory to the depri-
walton Of any right secured or protected by this
act or TO punishment pains and penalties on ac-
| count OF such persons having at any time been
| held in a condition of slavery or involuntary
servitude, except for the punishment of crime
whereofthe party shall have been duly convic ted
or by reason OF his color or race than is pre-
scribed for the punishment of white persons. shall
be deemed guilty Of a misdemcanOr, and on con-
viction shall be punished by fine not exceeding
one thousand dollars, Or Imprisonment not ex-
ceedinS one year, or both, ia the discretion of
the Court.
SEc.3. 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 provisions 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 en-
iorce in the Courts of judicial tribunal in 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 or Grim
inal, has been or shall be commenced in any
State Court against any such person for any
cause whatsoever, civil or military, or any other
person. any arrest or Imprisonment, trcspass or
wrong done or committed by virtue under
color OF authority derived from this act or the
act establishing bureau for the relief Of freed
men and reiug gees, and all acts amendatory there
of, or for refusing 10 do any act upon the ground
that it wodd 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 rcla-
ting to habeos corpus and regulating judicial
proceedings in certain cases, approved March 3,
1868 and all acts amendatory thereto. The ju
risdiction in civil and criminal matters hereby
onerred on The District and Circuit Courts Of
the United States shall he exercised and enforced
in conformity with The laws OF the United States,
so far such laws are suitable to carry the same
into effect, but in all cases where such laws are
not adapted 10 the object, or deficient in the
provisions necessary to furnish suitable remedies
and punish offences against the law, the common
law as modified and changed by the Constitution
and statutes Of the State wherein the Court hav-
ing 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 he extended and govern the said Courts in
the trial and disposition of such cause and. if OF
q criminal nature. in the inhictiOn OF punishment
on the party found guilty.
SEC. 4. That District Attorneys, Mlrsbals. and
Deputy Morslials OF the United States, the Com.
missioncrs appointed by the Circuit and Terri
torial Courts Of the United States. with powers
OF arrestins imprisoning, or bailing offenders
against the laws Of the United States the officers
and agents Of the Freedmen's Bureau, AMI every
other officer who may be specially empowered by
the President Of the United States shall "a" aud
they are hereby specially authorized and required
at the expense OF the United States, 10 institute
proceedings against all and every person who
shall violate the provisions of this act, aud cause
him or them to be arrested and imprisoned, or
balled. as the case may be. or trial before such OF
the United States or Territorial Courts as by this
act have cognzauce Of the offence: and with 4
view to afiording reasonable protection 10 all per-
sons in their constitutional rights OF equaliiy be-
fore the law withou, distinction OF race or color,
or previous condition OF slavery or involuntary
-servitude, except as punishment Tor crime,
whereof the party shall nave been duly convict
ed, and 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 mc TO time
to increase the number OF Commit Sioners so rs
to afford speedy and convenient means for the
arrest and examination oi persons charged with
violation OF this act.
Sic. s. That said Commissioners, shall have
concurrent Jun lisGiction with The Judges OF the
Circuit and District Courts OF the United States
and the Judges OF the Superior Courts of the Ter
ritories severally and collectively. in term time
and vacation. upon satisfactory proof being made,
to issue warrants and prncepts Tor alrestin9 and
bringing before them all offenders against the
provisions OF this act. and on examination to dis
charge, admit 10 bail, or commit them for trial,
as the facts may warrant
SEC. q. And such Commissioners are hereby au-
thorized and required to exercise and discharge
all the powers and duties conferred on them by
this act, and the same duties in regard to ofenses
created by this act, as they are authorized Ivy
law to exercise with regard 10 other Ofienses
against the laws Of the United States. That it
shall be the duty Of all Marsbals and Deputy
Maj shas to obey and execute all warrants and
precepts issued under the prov isions Of this act
when 10 them directed and should any Marshal
or Deputy Marshal refuse 10 receive such
warrant or ether 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 thousand dollars the use 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
Constitution of the United States and the re-
qurcmcnts Of this act, they are hereby authorz-
ed and empowered, within their counties respec-
lively, TO appoint, in writing under their hands,
one or more suitable persons. rom time to time
| to eS ute all such warrants and other process as
may be issued by them in the lawful performance
of their respective duties, and the persons so APP
pointed to execute any warrant or process as
aforesaid shall have authority to summon and call
to their aid the bystanders or posse comii0tuS of
the proper county, or such portion of the land
and 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 clause of the
Constitution which prohibits slavery, in confor-
nifty with the provisions of this act and said war