Delaware State journal and statesman., 1866-04-17
THE CIVIL RIGHTS BILL.


Houses ''the objections of the President to
the contrary Notwithstanding. The vote
IN the Senate was SO to IS; in the House 122
to al:
Be il enacted, &C., That all persons born
in the United States and not subject to any
foreign 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-
vious condition of slavery or involuntary
service, except as a punishment for crime
whereof the party shall have been duly con.
victed, shall 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, purchase, lease,
sell, hold and convey real and personal
property; and to iull and equal benefit of all
laws and proceedings Tor the security OF
person and property as is enjoyed by white
citizens; and shall be subject to like punish
ment, pains, and penalties, and TO none
other, any law, statute, ordinance, regula.
tion, or custom to the contrary notwith-
standing
SEC. 2, And that any person who, under
color of any law, statute, ordinance, regula-
ton 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 punish
ment, pains, and penalties on account of
such person having at any time been held in
a condition of slavery or involuntary servi.
tude, except for the punishment of crime
whereof the party shall have been duly con.
yieted, or by reason of his color or race,
than is prescribed for the punishment OF
white persons, shall be deemed guilty of "A
misdemeanor, and ON conviction shall he
punished by a fine not exceeding 81 600 or
imprisonment not exceeding one year, or
both, in the discretion of the court.
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 oiienses committed against the
provisions of this act, and, also, concur
rently with the Circuit Courts of the United
States, of all causes, civil and criminal, af
lecting persons who are denied or cannot
enforce in the Courts of judicial tribunal 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 prose
cution civil or criminal, has been or shall he
commenced in any State Court against any
such person, for any cause whatsoever, civil
or military, or any other person. any arrest
or imprisonment trespasses or wrong done
or committed by virtue OF under color OF au-
thority derived from this act, or the act es
tabishing Bureau for the relief of Freed
men and Refugees, and all acts amendatory
thereof, or for refusing to do any act upon
the ground that ii 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 pre-
scribed by the act relating to Habeas Corpus,
and regulating Judicial proceedings in certain
cases, approved March 8, 1868 and all acts
amendaOry thereto. Tho Jurisdiction in
civil and criminal matters hereby conferred
on the District and Circuit Courts of the
United States shall he exercised and en-.
forced in conformity with the laws of the
United States, so far as such laws are suita.
BILE to carry the same into effect; but in all
cases where such laws are not ADAPTED to
the object or are deficient in the provisions
necessary to furnish suitable remedies and
punish offences against the law, the common
law, as modified and changed by the Con
stitution 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 he extended
and govern said Courts in the trial and dis
position OF such cause; and, if of criminal
nature III the intliCtiOn of punishment ON
the party found guilty
SEC. 4. That the District Attorneys. Mar
shals and Deputy Marshals of the United
states, the commissioners approved by the
Circuit and Territorial Courts of the United
states, with power OF arresting, imprisoning
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 especially empowered by the
President of the United States, shall be and
they are hereby specially authorized and re-
quired, at the expense OF the United States
to institute proceedings against all and every
person who shall violate the provisions Of
Ia NJ L..
rested and imprisoned, or bailed as the case
may be, for trial before such of the United
States or Territorial Courts as by this act
has cognlzance of tho ohense; and with a
view to aifording reasonable protection to all
persons in their constitutional rights of
equity before the law, without distinction of
race, or color or previous condition of sla
very, or involuntary servitude, except as n
punishment for crime, whereof the party
shall have been duly convicted, 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
time to time, to increase the number of Com.
missioners, so as to afford a speedy and con
yenient means for the arrest and examina-
ton of persons charged with violation of
this act
SEC. 5. That said Commissioners shall
have concurrent jurisdiction with the Judges
of the Circuit and District Courts of the
United States and the Judges of the Superior
Courts of the Territories, seyerally and col
4 lecliyely in term time and vacation, upon
satisfactory proof being made, to issue war
rants and preccpts for arresting and bringing
before them all offenders against the pro.
visions OF this act, and, on examination, to
discharge, admit TO pail, or commit them for
trial, as the facts may warrant.
SEC. G. And such Commissioners are here.
by authorized and required to exercise and
discharge all the powers and duties conferred
ON them by this act, and the same duties with
regard to the oiienses created by this act as
they are authorized by law to exercise with
regard to other offences against the laws of
the United States That il shall be the duty
of the Marshals and Deputy Marshals to
obey and execute all warrants and precepts
issued under the provisions of the act, when
to them directed, and should any Marshal or
| Deputy Marshal refuse to receive such war
rant or other process when rendered, or TO
use all proper means diligently to execute
the same, lie shall, on conviction thereof.
/ be fined in the sum of one thousand dollars
, to the use of the person upon whom the ac-
, cused is alleged to have committed the
oilense; and the better to enable the Com
missioners to execute their duties faithfully
+ and efficiently, in conformity with the Con
stitutiOn of the United States and the re-
, quirements OF this act, they are hereby au-
thorized and empowered, within their coun-
ties respectively, to appoint, in writing, under
their hands, any one or more suitable per-
sons from time to time to execute all such
warrants and other process as may be issued
e by them in the lawful performance of their
e respective duties, and the persons so ap-
e pointed TO execute any warrant or process
/ as aforesaid shall have authority to summon