The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-05-10


TPUBLIc-No. %.
AN ACT to protect all persons in the United States
i'll their civil rights, and furnish the means of
their vindicatiou.
Be 1T enacted by the Senate and House of Repre-
sent0tipgs of The United states of Agneric1 dn nm
gree8 assembled, That all persons born in the United
States and not subject to any foreign power exclu-
ding Indians, not taxed, are hereby declared to be
citizens of the United States; and such citizens !
of every and cslor, without regard to any pre-
ylous condition Of slavery or Involuntary serviude
except punishment Ior crime whereof the party
shall have been duly convicted, shall have the same
right in every State and Territory of the United
States, To make and enforce contracts to sue, be
parties and give evidence inherit purchase lease
sell hold and convey real and personal property and
to full and equal benefit OF all laws and proceedings
for the security of person aud property is enjoyed
by white citizens, and shall be subject like pun
ishment, pains and penalties, and to none other |
any law, statute ordinance, regulation, or custom
to the contrary, Notwithstanding
Sec And be it Jufther enacted, That any person.
who under cover of law, statute, ordinance regula
ation, or custom, shall subject, to be sub
jected. any inhabitant of any State Territory to
the deprivation of any right secured protected
by this act, or to different punishment, pains, or
penalties on account of such person having at any
time been held in condition of slavery or involun-
ary sgrvitude, except as punishment for crime
whereof the party shall have been duly convicted, or
or by reason of his color race than is prescribed
for the punishment of white persons shall be deem
ed guilty OF misdemeanor and on conviction, shall
be punished by fine not exceeding one thousand
dollars or Imprisonment not exceeding one year. or
both, in the discretion of the court
Sec 3. and be ttfurther enacted That the district
courts of the United States, within their respective
districts, shall have exclusively of the courts Of the
several States, cogniZance OF crimes committed
gainst the provisions OF this act, and also, concur
entity with the circuits courts of the United States,
OF all causes, civil and criminal, affecting persons
who denied or cannot enforce in the courts or
judicial tribunals of the State or locality where they
may be any rights secured to them by the first sec
this act and if any suit or prosecution civil
If criminal, has been or shall be commenced in any
STATE court against any such person. for any
hats
trespass, wrongs done committed by virtue
under color of authority derived form this act or
the act establishing 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
it would be inconsistent with this act, such defend
ant shall have the right to such cause for tri
al 10 the proper district circuit in the
ner prescribed by the act relating to habeas corpus
and regulating judicial proceedings in certain cases.
approved March three, eighteen hundred and sixty
three, and acts amendatory thereof. The jurisdic-
ton in civil and criminal matters hereby conferred
ON the district and circuit courts OF the United States
shall be exercised and enforced in conformity with
the laws Of the United States so far such laws
suitable TO carry the same into effect; but i'll all cases
where such laws are not adapted to the object,
are deficient in the provisions necessary to furnish
suitable remedies and punish offences against law
the common law, modified and changed by the
constitution and statutes of the State wherein the
court having jurisdiction Of the cause, civil or Grim
NAL, is held, far as the same is not inconsistent
with the Constitution and laws of the United States
shall be extended and govern said courts in the
trial and disposition of sucn cause, and II of Grim
inal nature, in the lnlicton OF punishment the
party found guilty. 81.
Sec. i And be 1t further enacted, That the dis
trct attorneys, marshals, and deputy marshals OF
the United States, the commissioners appointed by
the circuit and territorial courts of the United States
with powers OF arresting imprisonlng, or bailng Of
tenders against the laws OF the United States the OFF
GERS and agents of the Freedmen's Bureau. and ev
cry other officer who may be especially 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, institute pro-
ceedings against all and every person who shall vo
late the provisions OF this act and him them
TO be arrested and imprisoned bailed, the
may be- for trial before such court of the Estates or
| territorial court by this act has cognizance Of
the offence. And with view Of atfording reasonable
protection to all persons in their constitutional rights
Of equality before the law, without distinction OF
race color, previous condition OF slavery or in
voluntary serN1tuded, except as punishment Tor
crime whereof the party shall have been duly con-
victed and to the prompt discharge of the duties of
this act shall be the duty of the circuit courts OF
The United States, and the superior courts Of the ter
riorles OF the United States, from time toYtme, to
increase the number of commissioners, as to af
ford speedy and convenient means for the arrest
and examination OF persons charged with violation
OF this act and such commissioners are hereby au
thorized and required to exercise and discharge all
the powers and duties conferred them by this
and the same duties with regard to offences created
by this act as they authorized by law exercise
with regard to other offences against the laws of the
| United States.
| Sec. s. 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 issued
under the provisions of this act, when to them d
| rected; and should any marshal or deputy marshal
refuse to 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, the
use OF the person upon whom the accused is alleged
| to have committed the offence And the better to
enable the commissioners to execute their duties
faithfully and efficiently in conformity with the Con
stituton THE United States, and the requirements
of this act, they are hereby authorized and empow
cred within their cour les respectively to appoinn
writing, under their hand, any more suitable
persons, from time to time to execute all such war
rants and other process as may be issued by them
in the lawful performance of their respective duties;
| and the persons so appointed to execute any war
rant or pocess as aforesaid shall have authority to
summon and call to their aid the bystanders or posse
cOmitatus of the proper county, such portion of
land or naval forces of the United States or of the
militia, may be necessary to the performance of
the duty with which they are charged and to insure
ton which prohibits slavery, in conformity with the
provisions Of this act; and said warrants shall
and be executed by said officers anywhere in the
| State Territory within which they are issued.
Sec. +. And be 1t further enacted, That any person
who shall knowingly and wi fully obstruct, hinder
or prevent any officer other person charged with
the execution OF any warrant or process issued I'M
der the provisions of this act any person or per
sons lawfully assisting him or them from arresting
any person for whose apprehension such warrant
process may have been issued, shall rescue or at
tempt to such person from the custody of the
officer, or other person or persons, those lawfully
assisting as aforesaid when so arrested pursuant to
the authority herein given and declared, or shall aid
directly indirectly escape from the custody of
the officer other person legally authorized as afore
said or shall harbor or conceal any person for whose
arrest warrant or process shall have been issued
as aforesaid to prevent his discovery and ar
rest after notice knowledge of the fact that war
rant has been issued for the apprehension of such
to fine not exceeding thousand dollars and
imprisonment not exceeding six months, by indict-
ment and conviction before the district court of the
United States for the district in which said offence
may have been committed, or before the proper
court of criminal jurisdiction if committed within
any one OF the organized Territories OF the United
States.
Sec T. md be ii further enacted That the district
attorneys the marshas, their deputies and the clerks
ofsaid district and the territorial courts shall be
paid for their services the like fees as NAV be allow
ed to them for similar services in other cases. and
In all cases where the proceedings before com
missioner. he shall be entitled to fee of ten dollars
in full for his services in each case inclusive of all
services incident to such arrest and examination
The person or persons authorized to execute the
process to be issued by such commissioners for the
arrest ofotenders against the provisions of this act
snail be entitled to fee of five dollars for each per-
son he or they may arrest and take before any such
commissioner aforesaid with such other fees as NAV
be deemed reasonable by such commissioner for
such other additional services as may be necessarily
performed by him them, such as attending at the
examination, keeping the prisoner in custody and
providing him with food and lodging during his de-
entiOn, and until the final determination of such |
commissioner, and in general for performing such
other duties as may be required in the premises; |
such fees to be made up in conformity with the fees
usually charged by th officers ofthe courts of ms
tce within the proper district county, as near as
may be practicable and be paid out of the Treasury
of the United States on the certificate of the Judge
of the district within which the arrest is made and
to be recoverable from the defendant part of the
judgment in of conviction.
Sec. S. Ana De 1t FURTHER enacted, That whenever |
the President of the United States shall have reason
to believe that offences have been or likely to be
committed against the provisions of this act within
ny judicial district, it shall be lawful for him i'm
Ii discretion, to direct the Judge, marshal and |
district attorney ofsuch district and for such time
as he may dsignate for the purpose of the more
speedy arrest and trial of persons charged with a
violation OF this act and it shall be the duty of every
judge or other officer, when such requisition shall
be received by him, to attend at the place and for
the time therein designated
Sec. g. And be az Jaftter enacted Tt at it shall be
lawful for the President ofthe United States or snc
person as he may empower for that purpose to en- |