The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-04-19
circuit courts of the United States, of all causes

MED or cannot enforce i'll 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 or criminal, has been or shall be commenced
i'll any State court against any such person, fol
any canse whatsoever, against any officer, civil
or military, or other person, for arrest or impri
ted by virtue or under color of authority derived
from this act or the act establishing bureau for
the relief of freedmen and refugees, and all acts
amcndatory thereof; or for refusing to do any &C
upon the ground that it would be Inconsistent
with this act, such defendant shall have the right
to remove such cause for trial to the proper dist
trict or circuit court in the manner prescribed by
the Act relating 10 hdbtdS cOIpus and regulating
Judicial proceedings in certain cases., approved
March three, eighteen hundred and siXty-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-
tormity with the laws ofthe United States, SO far
us such laws are suitable to carry the same into
effect; but in all cases where such laws are not
adapted 10 the object, deficient in 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 ct the State wherein the court having"
jurisdiction Of the cause civil or criminal, is
held, tar us the same is not inconsistent with
the Constitution and laws Of the United States
shall he extended 10 and govern said courts in
the trial and disposition of such cause, and, If of
criminal nature, in the mlcton OF punishment
on the party found guilty.
SEC. 1. And hc it .Iie1ther enacted That the dis
trlct attorneys, nlarSalS, and deputy uarSlais OF
the United States the commissioners appointed
by the circuit and territorial courts of the United
States with powers OF irrcstiusy iInpriSoninw, or
hailing Offenders against the laws of the United
States, the officers and agents of the Frccdmeus
Bureau, and every other officer who may he spc-
cmlly empowered by the President oi the United
States shall be, and they hereby, specially
authorized and required, at 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 10 be arrested
and Imprisoned, or bailrd rs the case may he,
for trial before such court of the United States
territorial court rs by the act has coGnizancc of
the offence. And with the view to afording rca-
Sonablc protection IL all persons in their conSt
tutonal rights of equality before the law, without
distinction of race or color, or previous cOnd-
ton of slavery or involuntary Scrvitulc, except
is L punishment tor crime, whereof the party
shall have beer duly convicted, and to the prompt
discharge OF the duties OF this act il shall be the
duty OF the circuit courts OF the United States
and the superior counts of the Territories of the
United States from time time. to increase the
number of commissioners, to afford Il speedy
and convenient means for the arrest and cNamnt-
ton of persons charged with violation OF this
act. AND such commissioners are hereby author
lied and required 70 exercise and discharge all
the powers and duties conferred on them by this
act, and the same duties with regard 10 offences
created by this act, rs they authorized by law
to exercise with regard to other OiItEces against
the laws of the United States.
SEC. ). Ind b. il fH.f:ier caa;:i,3. That it shall
be the duty of all marshalS aid &c uty niarsilaS
to obey and execute all warrants and prcceps is
sued under the provisions of this act, when TO
them directed and should any marshal or dep
uty marshal refuse 20 receive such warrant or
other process when rendered, or TO all proper
means diligently to execute the same he shall.
conviction thereof, be fined in the of one
thousand dollars, to 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 COnSt;tii- !
ton OF the United States and the ruquircmvnts of
this act, they are hereby authorized and cmpoy:-
cred, within their counties respectively, to APP
tiE,sr !
more suitable persons, from time TO time, to exc
cute all such warrants and other process as NAV !
be issued by them in the lawful performance Of |
their respective duties; and the persons 50 ap- /
pointed TO execute any warrant or process rs !
aforesaid shall have authority to summon and |
Gail 10 their aid the by=tanders the nose c0,t-
the land and naval forces OF the United States or
the militia, rs may he necessary to the pcrfor-
nance of the duty with which they are Charged,
and 10 insure faithful observance of the clause
OF the Constitut on which prohibits slavery, in
conformity with the provisions Of this act : and
said warrants shall run and be executed by said
o1nc.r anywhere in the State Territory within
which they are issued.
SEC. 6. Ind be It Ti,:fhc- enacted, That any ner
son Ni!o shall knowingly and willaIllv obstrIlct
hinder, or prevent an, officer or other person
charged with the execution of any warrant or
process issued under the provisions of this act
or amy person or persons lawfully assisting him
Or them, from Irfrst% pcrs for whose ap-
prcncIislon such warrant process may have |
been issued, or shall rescue or attempt to rcscue
such person from re custody of the officer 9th
1r persons or persons or those lawfully ASSISTING
Is aforesaid, when arrested pursuant to the |
authority herein give and declared, or shall aid |
toet or assist any person so arrested aforesaid
lirvctlE I Indirectly to escape from the custody
ii tue officer other person legally authorized
Is aforesaid, or shall harbor conceal any person
or whose arrest Il warrant or process shall have
jeen Issued rs aforesaid to prevent Ills dis
:oVcry and arrest after notice knowledge OF the
act nat Il warrant has been issued for the aoprr-
tension OF aucI person, shall, for either OF said
)iII!lCCS, DC subject to II linz. pScct.lutr
houssnd dollars, and imprisonment not exceed
ne s!N months, by Indictment and conviction BE-
ofe the district court ofthc United States for the
district i'll which said offence may lave been
committed, or before the proper court of Grim
i,al J..iisGieior II committed Within any one OF
nc organized Territories Of the United States.
SEC. :. ind be Il tte,3Ac.. cs.qcfcd That tie dis
net attorneys the marsha!s their deputies and
he clerks Of the said district and Territorial
courts shall be paid for their services the like
ees as may be allowed to them for simr servi-
;cs III other cases: and in ali whcr. the pro-
;ccdingS are before commissioner, he shall be
'htlticd 10 fee OF ten dollars i'll full for his scrvi
res Ill each case, inclusive of ali services incident
o such arrest and examination. The person or |
PERSONS authorized to execute the process to be
SSucd by such commissioners for the arrest of
offenders against the provisions of this act shall
&c entitled to fee of five dollars for each person
le Or they may arrest and take before any such |
as aforesaid, with such other fees
Is may be deemed reasonable by such commits
ioner for such other additional services as may
DC necessarily performed by him orthem, such us
attending ut the examination, keeping the prison
n in custody, and providing him with food and
odSing during his detention, and until the final
determination of such commissioner, and in ge
,rai Tor performing such other duties may be
'equircd in the premises; such fees to be made
~ III conformity with the fees usually charged
~ the officers of the courts Of justice within the
proper district or county, near may be prac-
icable, and paid on. of the treasury of the United
States on the certificate OF the judge of the dis
riot within which the arrest is made, and to be
from the defendant part Of the
Judgment in case of conviction.
SEC: 8 ind be it tisrt!tcr enacted That when
.ver the President of the United States shall have
eason to believe that Offences have been or are
likely to be committed against the provisions of
his act within any judicial district it shall be
awful for him, in his discretion, TO direct the
uuge marshal and district attorney of suci! dis
rict to attend at such place within the district,
md for such time he may designate, for the
purpose of the more speedy arrest and trial of
,ersons charged with violation of this act; and
shall be the duty of every judge other officer,
when any such requsition shall be received by
lin, to attend at the place and for the time there
Il designated.
SEC. g. ind be 1t further enoctcd That it shall
re lawful for the President of the United States,
'r such person as he may empower for that pur-
pose, to employ such part of the land or naval
nf limit