Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-04

The following is Senator DOOhttie's bil
locking 70 the enforcement Of the cOnsti
tutionsl amendment ab0lishiug slavery
introduced into the United States Senst
on the 9th ult:
a H.Il 10 provide appropriate legislation 10 en
E7rea Article l8 of the amendments % IN
Constitution, abaishlng slavery in the Unite'
states.
WHEREAS, Slavery, or involuntar!
seryitude, except as a punishment fO
crime, whereof, the party shall have
teen duly convicted, has been abolishe,
and prohibited by article Is, Of tht
amendments 10 the Constitution lately
ratified and adopted by the Legislature
oi three-foUrths OF AL the States within
this Union, which amendment is in tbs
words following, viz:
ARTICLE XIII.
SECTION. ]. Neither slavery nor invol
Uutary Servitude, except As "A punish
ment for crime, whereof the party shall
have been duly convicted, shall eXisi
within the United States or any place
subject 10 their jurisdiction.
see. ,. Congress shall have power C
enforce this article by appropriate legis-
latiou.
Theref0re he 10 enacted bvtho .Selats
and H1stss Of Rc1rossaltfrcs ia Congress
Oa-ggihlCd-
SECTION J. That all persons heretofore
held % slavery or involuntary serviUude,
except as a punishment for crime, whereof
the party shall have been duly convicted
under the lsws Of any state Of the United
states OF any Of the Territories thereof,
are hereby declared to be free persons,
and they and their descendants shah be
and remain forever free from slavery or
involuntary servitude, except in punish
men for crime, whereof the party shall
have been duly convicted, anything in
any isw, statute, regulation, custom or
constitution Of any State or Territory 10
the contrary Notwithstanding.
See ? ind b. q further enacted, That
all laws aud customs having the force of
law IN any state or Territory, heretofore
or hereafter establishing, recognizing,
maintaining or regulating the right Of
property in slaves, OF the relations Of
master and slave, are hereby declared to
be ahrogsted and abolished.
Sec. 3. Ind be q further enacted, That
any person who shall uniswfuily, and in
violation Of the said thirteenth amend
lnent to the Constitution and Of the pro-
visions Of this act, restrain or cause 20 be
restrained Of his or her liberty, with in
tent 70 subject or cause 10 be subjected, or
10 hold or ca1se 10 be held % service as
slave or involuntary servant any person,
shan be deemed guilty Of misGemeanor,
and on conviction shall be punished by
fine not exceeding one thousand dollars,
or Imprisonment not exceeding one yeeF,
or both, In the discretion Of the court.
Sec. 4 Ind BE- q fttrtte~ enacted, That
any person who snail unlawfuily and in
violation Of the provisions Of the said
thirteenth amendment To the COnstitu-
tiOn and the provisions Of this act, re-
strain or cause To he restrained Of his or
her liberty with intent 70 hold or cause
10 De held 90 service a. a slave or invol-
untary servant, any person who has
heretofore been held To slavery or invol-
untary service under the laws Of any
State or Territory, and has been emanci-
pated by the said thirteenth amendment
% the Constitution, commonly called
freedman, shall in addition to the pains
and penalties provided in the last pre-
cediug section Of this act, be liable to be
prosecuted by the person injured, who
shall be entitled 10 recover the sum Of
$1,000 IN addition 10 all damages
sustained by such person, together with
tue costs of the prosecution; and IN ease
any such freedman shall. as party
70 any suit OF legal proceeding, civil or
criminal, in the courts Of the state or
Territory where he may reside, be denied
any right secured by article Is Of amend
rneurs 10 the Constitution, he shall have
a right 10 remove the said cause OF pro-
ceeding into the District OF Circuit Courts
Of the United States, which shall hereaf-
ter take cognizance Of the same under
such rules a. may from time 10 time be
adopted by such; and the said courts
thereupOn shall have no power 20 proceed
further in said cause or proceedingi and
the said District or Circuit Courts shall
also ue empowered, by Nrils of manda-
mus and prohibition, 10 stay all further
proceedings in the State Courts, or under
anv Judgment or decree Of the same, un-
al he same shall be finally determined
in the Courts Of the United States; and
the said District and Circuit Courts shall
have power bv WFlis Of hdbf0s corpus,
g1uaf1augs. prohibition and csrtt0TQri,
or other Writs or process, 70 take
c0gnizance Of the rights secured by
said amendment 10 the Constitution %
such freedmen, and 10 adjudge, decree
and enforce what shall be right IN the
premises, anything In any law, custom OF
regulation in any State or Territory not
with-tauding.
See. 5. Ind BE- = fl7tbcr enacted, That
II any person shall kidnap or carry away
any other person, whether negro, mu-
Iatto. OF otherwise, with the intent that
such other person shall be sold or carried
into involuntary servitude, or held as a
slave; or If any person shall entice, per-
suade, or knowingly induce any other
person 20 20 on board any vessel or 10
anv other place, with the intent that he
OF She shall be made or held a. a slave,
or sent out OF the country % be so made
OF held, or shall in any way knowingly
aid in causing any other person 10 be
held. sold or carried away, to be held or
sold a. a slave. he or she shall be pun
ished. on conviction thereof, by a fine Of
not less than five hundred nor more than
five thousand dollars, or by inprison-
ment not exceeding five yearsl or by
both Of said punishments.
Sac. 6. Be % further enacted, That II
the master or owners, or person having
charge Of amy vessel, shall receive on
board any other person, whether negro
mulattO or otherwise, with the kn0Wl-
edge or intent that such person shall he
carried from any State, Territory or dis
trict Of the United States 70 e foreign
country, State OF place, 10 be held or sold
a. slave, or shall carry away FROM any
State, Territory or district Of the United
States any such pers0n, with the intent
that he OF she shall be 50 held OF sold as
a slave, such master, owner, or other (
person offending, shall be punished bv a !
fine not exceeding five thousand nor less I
than five hundred dollars, OF by impris- I
onrnent not exceeding five ye8ns, or bg
both Of said punishments. And the We
sci on board which said person was re-
ceived TO be carried away shall be for
feited 10 the United States.
asc. :. and 3 Z further enacted, That
tha district courts Of The Omitted states
.rithiu their respective aistIiEts, shall
have eoasnizance Of all crimes and ofien-
ses committed against the provisions Of
This act. and also, cuneurrentiy with the
circuit courts Of the United STATES, OF all
civil causes under thi5 act Ihe iurisdic-
fion in civil aud criminal matters hereby
conferred on the district and circuit courts
"a he United States shall be exercised
end enforced Ia conformity with tlie
Isws OF the United States, so far az such
Avs are suitable 10 garry the same INTO
effect bot iR al cases where s,iaa laws
are not adapted % She ot9aei, CT are de-
0cient in the provisions necessary % luF-
nish suitable remedies ana punish olien-
ses against Law, the common law as
modified and changed by the Constitution
and statutes Of the State " herein the eouft
baviDg Jurisdiction OF the cause, civil
OF EflLlllLal z, faElaas ~ - - 80 .f-t-- -
not inconsistent with the Constitution
and laws OF the United States shall be
extended TO and govern said eoufisin the
trial and disposition Of such cause and y
Of q criminal Mature, IN the lniilelloh
Ofpunishgent on the party ionna guliiy'
Provided, that nothing hefeln COZ
tanned shah prevent any state er tefN-
tory from providing By law for Ilal ana
punishment in the courts OF such state OF
Territory any person who may be sd
Judged under the laws thereof % BE-
euilty Of false imprisonment or kidnap-
ning, or o. prevent any person from
bringing a prosecution ia such eeurts TO
.-'.'1s3er damages sustained by him by
.lcoson "a suoh false imprisonment OF
i6napping under the iaEs Of such State
-. s. Ind be Il Bagfkef enacted, That
DE district attoTneys, naarzhals and dep