The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-11-07
PUBLIC ACTS.

FAYETTE 5. FOSTER was electeu iooioo, =,
of the Senate pro tempore on the seVeh'i,
day of March, and SO acted until the emo
of the Session. SCHUYLER CoLFAx, speaker
of the House of Representatives.
CHAP XXI
An Act toprotect all Persons in the United STATES
in their Civil Rights, and furnish the Means u
their Vindication.
Be 1t enacted by the Senate and House OF Kep,
resentatives of the United States OF Anafica ~. ~
Congress assembled That all persons oorn N LUZ, sme
United States and not subject to any loTelgI poSM
or. excluding Indians not taxed, are nereoy ue
clared to be citizens of the United Statesi anu
such citizens, of every race and Color wltnou. ie
gard to any previous condition OF slavery OF sl-
Voluntary servitude except as punishment ior
crime whereof the party shall have been duly con
yicted. shall have the same right, in every state
and Territory in the United States, to make ana
enforce contracts to sue, be parties and give eVl
denee, to inherit, purchase, lase, sell, holu, suu
convey real and personal property, ana 10 lel.
and equil benefit of all laws and proceedings Io1
the security of person and property as is enjoyed
by white citizens and shall be subject TO IKE
punishment, pains, and penalties, and 10 none
other, any Law. statute, ordinance, regulation' vi
custom to the contrary Notwithstanding
SEC 3 And be it further enacted, That any per
son who under color of any law, statute, orol-
nance, regulation, or custom, shali suplcCSS VI
cause to be subjected, any inhabltant OF any o'ae
or Territory to the deprivation OF any f a s
cured or protected by this act or to dlnerent
punishment. pains, or penalties on account OF
sncb nerson having at any time been held ID
condition ofslavery or involuntary servltude, ex-
cent as a punishment for crime whereof the party
shall have been duly contacted, or 6y reason Oh
his color or race, than is prescribed Tor the pun
ishment of white persons shall be deemed guilty
of misdemeanor, and on conviction, snai! De
punished by fine not exceeding one thousand dol
lars or imprisonment not exceeding one year, OF
both in the discretion of the conrt-
SEC 8. And be il further enacted, That the DIS
trict courts of the United States within their re-
spective districts shall have, exclusively OF the
courts of the several States, cognizance OF all
crimes and offences committed against the proyl-
sions of this act, and also, concurrently with the
circuit courts of the United States, OF all causes,
civil and criminal, affecting persons who are de-
MED or cannot enforce in the courts or judicial
tribunals OF the State or locality where they may
be any of the rights secured to them Dy the nrst
section of this act and ifany suit or prosecution,
civil or criminal, has been or shall be commenced
in any State court against any such person, for
any cause whatsoever, against any officer, civil
or military or other person, for any arrest or I'M
prisonment, trespasses, or wrongs done or COM
mitted by virtue or under color OF authority de-
rived from this act or the act establishing Blu
reau for the relief of Freedmen and Refugees, and
all acts amendatory thereof, or for refusing to do
any act upon the ground that it would be lncon-
sistent with this ac., 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 three, eighteen hundred
and sixty-three, and all acte amendatory thereof
The jurisdiction in civil and criminal matters
hereby conferred on the district and circuit courts
of the United States shall be exercised and en-
forced in conformity with the laws of the United
States, so far as such laws are suitable to carry
the same into effect; but in all cases where such
laws not adapted to the object or are deficient
in the provisions necessary to furnish suitable
remedies and punish offences against 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 In
consistent with the Constitution and laws OF the
United States, shall be extended to and govern
said courts in the trial and disposition of sucli
cause and if of criminal nature, in the infection
of punishment on the party found guilty.
SEC. T. And be it further enacted, That the dis
trict attorneys, marshals, and debuty marshals of
the United States, the commissioners appointed
by the circuit and territorial courts of the United
States, with piwers of arresting imprlsonlng, 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 speci-
ally empowered by the President of the United
States, shall be, and they are hereby, specially
authorized and required at the expense ofthe
United States, to institute proceedings against all
and every person who shall violate the provisions
of this act, and cause him or them to be arrested
and imprisoned or bailed, as the case may be,
for trial before such court of the United States or
territorial court as by this act has cognizance of
the offence. And with view to affording reason
able protection to all persons in their constitu-
tiOnal rights of equality before the law, without
distinction of race color, orprevious condition
of slavery or involuntary servitude, except as
punishment for crime, whereof the party shall
have been duly convicted, and to the prompt dis
charge of the duties of this act 1t shall be the du
ty of the circuit courts of the United States and
the superior courts of the Territories of the Uni
ted States, from time to time to increase the num-
Der of commissioners, SO as to afford speedy
and convenient means for the arrest and exami-
nation of persons charged with violation of this
act; and such commissioners are hereby author
lied and required to exercise and discharge all
: the powers and duties conferred on them by this
act, and the same duties with regard to offences
created by this act as they are authorized by law
to exercise with regard to other offences against
the laws of the United States.
SEC. 5. And be it further enacted, That it shall
be the duty of all marshals and deputy marshals
to obey and execute all warrants and precepts is
sued under the provisions of this act, When to
them directed; and should any marshal or deputy
marshal refuse to receive such warrant or other
process when rendered, or to use all proper means
diligently to execute the same, he shall, on con-
vietion thereof, be fined in the sum of one thous-
and dollars, to the use of the person upon whom
the accused is alleged to have committed the Of
fence. And the bitter to enable the said commits
sioners to execute their duties faithfully and eff
GENTLY, in conformity with the Constitution of
the United States and the requirements of this
act, they are hereby authorized and empowered,
Within their counties respectively, to appoint in
writing, under their hands, any one or more suit
able persons, from time to time, to execute all
=. such warrants and other process as may be is
sued by them in the lawful performance of their
respective duties; and the persons SO appointed
to execute any warrant or process as aforesaid
shall have authority to summon and call to their
aid the bystanders or posse comitatus of the pro-
per county, or such potion of the land or naval
forces of the United States, of the militia, as
may be necessary to the performance of the duty
with which they are charged, and toinsurea faith
full observance of the clause of the Constitution
which prohibits slavery, in conformity with the
provisions of this act and said warrants shall run
and be executed by said officers anywhere in the
State or Territory within which they are issued |
Sec 6. And be it further enacted, That any |
person who shall knowingly and wilfully obstruct
hinder, or prevent any officer, or other person |
charged with the execution ofaLy warrant or pro-
cess issued under the provisions of this act, or |
any person or persons lawfully assisting him or
them, from arresting any person for whose appre-
hcnsion such warrent or process may have been |
Issued, or shall rescue or attempt to rescue such
person from the custody of the officer other per-
son or persons, or those lawfully assisting as |
aforesaid, when SO arrested pursuant to the outh
GRITTY herein given and declared, shall aid, abet
or assist any person SO arrested as aforesaid di
rectly or indirectly, to escape from the custodyo
the officer or Other person legally authorized as
aforesaid, or shall harbor Or conceal any person
for whose arrest warrant or process shall have |
been issued as aforesaid so as to prevent his dis
covery and arrest after notice knowledge of the
tact that warrant has been issued for the appre
hension of such person, SHALL for either of said
offences, be subject to fine not exceeding one
thousand dollars, and imprisonment not excee-
a;x hx indictment