Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-19
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resident, forrhis signature. III mas Deen
nrmlsed that he viii veto the bill. This
Surmise may have no Foundation to rest
n:
SEoT1oN /. That all persons born In the
United States, and not subject to any for
pign power, excluding Indians not taxed,
are, hereby declared to be citizens OF the
United States, and such citizens OF every
race and color, without regard to any pre-
yious condition of slavery or involuntary
serVice, EXCEPT as a punishment for crime
whereof the party shall have been dnly
convicted, shall have the same right in ev-
ery State and Territory, TO make. and en-
force contracts, to sue, TO be sued, be parties
and give evidence, to Inherit purchase,
Tlease, sell, hold and convey real ana per-
sonal property, aud to full and equal Dene-
fit of all laws and proceedings Tor the Sc,
curity of person and property asis enjoyed
by white citizens, and shall be subject 70
like punishment pains and penalties and
to none other, any law, statute, ordinance,
nre0ulation or custom to the contrary not
Inwithstanding. ,..,.,
H. SEC. 2. And that any person who, under
color of any law, statute, ordinance, reguN
lat ON or 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 punishment, pains and penalties ON ac-
count Of such person having at any time
been held in a condition OF slavery OF IN
voluntary servitude, except for the punish
ment of crime whereof the party shall nave
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
exceeding $1,000 or imprisonment not ex-
ceeding one year, or both, in the discretion
of the court. 2N'-
SEC. 3. That the District Courts of the
United States within their respective dis
tricts shall have, exclusively OF the Courts
of the several States, cognizance of all
crimes and Offenses committed against the
provisions of this act, and also concurrent
iy with the Circuit Courts Of the United
States of all causes, civil and criminal, af-
fectng persons who are denied, or cannot
enforce in the Courts Of judicial tribunal
of the State orlocality where they may De,
any of the rights secured to them by the
first section of this act, and II 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 any other
person, any arrest or imprisonment, tres
passes, or wrong done or committed by vir-
tue or under color of authority derived
from this act, or the act establishing Du-
reau for the relief of freedmen and refugees,
and all acts amendatory thereof, or for re-
fusing to do any act upon the ground tllat
il would 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 relating to hdbeds corpus, anu
regulating judicial proceedings IN certain
cases, approved March 3, 1863, and all acts
amendatory thereto. The Jurisdiction in
civil and criminal matters hereby confer
red on the District and Circuit Courts Of
the United States, shall be exercised and
enforced in conformity with the laws of the
limited States, so tar as such laws are suit
able to carry the same into effect. but in all
cases where suclrlaw are not adapted TO
the object, or are deficient in the provisions
necessary to furnish substantial remedies,
and punish offenses against the 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 or criminal. is held, so FAR
as the same Is not inconsistent with the
Constitution and laws of the United States,
shall be extended, and govern said courts
and il of criminal nature, in the intictlOn
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
DCircuit and Territorial Courts OF the United
States, with powers of, arrestiDgo oimprison-
ing or 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 specially empowered by
the President of the United States, shall be
and they are hereby specially authorized
and required, at the expense OF the United
States, to institute proceedings against all
and every person who shall violate the pro-
visions of this act, and cause him or them
to be arrested and imprisoned, or bailed, as
I the case may be, for trial before such OF the
United States or Territorial courts as by this
act has cognizance of the offense, and with
a view to affording reasonable protection to
all persons in their constitutional rights OF
equality before the law, without distinc-
ton of race or color, or previous condition
of slavery or involuntary servitude, except
as a punishment for crime, whereof the
party shall have been duly convicted; and
to the prompt, discharge of the duties OF
this act, it shall be the duty of the Circuit
Courts of the United States and the Supe-
rior Courts Ofthe Territories OF the United
States, from time to time, to increase the
number of Commissioners, so as to afford a
speedy and convenient means for the ar
rest and examination of persons charged
with violation Of this act.
SEC. 5. That said Commissioners shall
have concurrent jurisdiction with the
Judges ofthe Circuit and District Courts OF
the United States and the Judges OF the
Superior Courts of the Territories several
ly and collectively, in term time, and va
cation, upon satisfactory proof being made,
to issue warrants and precepts for arrest
ing and bringing before them all Offenders
against the provisions of this act, and on
examination to discharge, admit to bail, or
commit them for trial, as the facts may
warrant. tly te
SEC. 6. And such Commissioners are here
by authorized and required to exercise and
discharge all the powers and duties conierr-
ed on them by this act, and the same duties
with regard to the offenses created by
this act, as they are authorized by law TO
exercise with regard to other ohenses
against the laws of the United States. Ihat
/ it shall be the duty OF all Marshals and
|. Deputy MaTshals to obey and execute all
L warrants and precepts issued under tne
L provisions of this act, when to them d.
|, rected; and should any Marshal or Deputy
II Marshal refuse to receive such warrant or
I other 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 $1,000 to the use OF the per-
| son upon whom the accused Is alleged 70
have committed the offense; and the better
| IN tn nv