The Portland daily press., 1866-03-29
THE OWL RIGHTS BILL


their civa rsghts, and furnish the means Of their
vindication. ~
Bel enacted, &c. That all persons born in the
United States and not subject to foreign power,
GLIDING Indians not taxed are hereby declared to be
citizens Of the United States, and such citizens of
every and color, without regard to any previous
condition Of slavery involuntary servitude except
as punishment for crime whereof the party shall
have been duly convicted, shall have the same right
in every State and Territory in the United States to
make and enforce contracts to sue, be parties and
give evidence, to inherit purchase lease, sell, hold
and convey real and personal property and to full
and equal benefit of all laws and proceedings ior the
security OF person and property, as Is enjoyed by
white citizens, and shall be subject to like punish
nent pains, and penalties and to none other, any
law, STATUTE ordinance, regulation, or custom, TO the
Sec. Ind be It further enacted, That any person
who, under colsr OF any law, statute ordinance reg
jected, any inhabiant OF any state or Territory to
the deprivation of any right secured or protected by
this act on to different punishment, pains. or penal
ties on account OF such person having at any time
been held in q condition Of slavery or Involuntary
servitude, except as punishment ior crime whereof
son OF his color race, than Ii prescribed for the
punishment OF white persons, shall be deemed guilty
of isdemeanor and, on conviction, shall be punish
ed by tine not exceeding one thousand dollars or i'm
prisonment not exceeding one year, or both, in the
discretion OF the court.
SEC. 3. And be 1t further enacted, That the dis
rict courts Of the United States within their respec
tive districts shall have, exclusively OF the courts of
the several States, cogaizance OF all crimes and Of
and ALSO concurretly with the circuit courts of the
United States, of all causes, civil and criminal at
tecting persons who are denied enforce in
the courts Judicial tribunals of the state or ioca
ty 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 in any State court against any such per-
son, tor any cause Whatsoever, against any ofcer
civil OF military, OF other person. tor any arrest or
mted by Virtue OF color 90 Sonf Of
from this act OF the act establishing Bureau for the
relief OF Freedmen and Refugees, and all acts
amendatory thereof, for refusing to act upon the
ground that it would be inconsistent with this act
such detendent shall have the right to remove such
cause for trial to the proper district circuit court
in the manner prescribed by the Act re;ating ha-
beas corpus and regulating Judicial proceedings in
certain cases." approved March three g ghteen nun
dred and ana all acts amendtory there
OF. The jurisdiction in civil ana criminal matters
hereby conferred the district and circuit courts of
United States SHAH be exercised ana enforced in
conformity with the laws Of the United States SO far
such laws are suitable carry the same into el-
fect but i'll ali cases where such laws not adapt-
ca to the object OF are deficient in the provisions
necessary to furnish suitable remedies and punish Of
fences against law, the Common law OF th- State
wherein the court having jurisdiction OF the cause
civil or criminal is held SO lar as the same is not in
consistent with the Constitution anu laws of the
Uniled Stales shall be extended to and govern said
courts IN the trial and disposition OF such cause and
If OF criminal nature, the inaicton OF punish
ment on the party found guilty. s.s-s1-t
SEC. A. and be at further enacted, That the dis
trict attorneys, marshais, ana deputy marshals Of
Y. NE
prisonng, baig offenders against the laws of the
United states, the officers and agents Of the Freed
mems Bureau, and every other officer who may be
specially empowered by the President 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 to be arrested and imprison-
ed or baed, 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 aordlns reasonable protection to all persons
in their constitutional rights of equality before the
law, without distinction OF color or previous
condition of slavery involuntary servtute except
as punishment for crime, whereof the party shall
have been duly convicted and to the prompt
OF the duties Of this act, it shall be the duty of the
circuit courts of the United States and Che snnerior
courts Of the Territories OF the United States from
time to time, toincrease the number of commission
ers, SO as to afford speedy and convenient means for
the arrest and examination Of persons charged with
violation Of this act; and such commissioners are
hereby authorized and required to exercise and dis
charge all the powers and duties conferred on them
by this act and the same duties with regard to OF
fences created by this act they authorized by
law to exercise with regard to other offences against
the laws Of the United States .Hia fs3
Sec Is. And be it further enacted That If shall, ba
the duty OF all marshais and deputy marshals to
obey and execute all warrants anu precepts issued
rected; and should any marshal or deputy marshal
refuse to receive such warrant other when
rendered, or to use all proper means diligently to exc
cute the same, he SHALL conviction thereof be fin
ed in the sum Of thousand dollars to the use of
the person upon whom the accused is alleged to have
comntted tne offence. And the better to enable the
said commissioners to execute their duties fithfly
and eicieD ty, in conformity with the Constitution
OF the United States and the requirements of his
act, they are hereby authorized and empowered
within their counties respectively, to appoint. in
writing, under their hands, any one or more suithe
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 appointed to execute any warrant
or process as aforesaid shall have authority to sum
mon and call to their aid the bystanders or posse CONT
tatus OF the proper county, such portion of the
land or naval forces of the United States or of the
ptrfr xxrrT4aV.
auty WIN which they are charged, i,,s s Ca
which prohibits slavery, in conformity with tbe III
VISIONS Of this act and said warrants shall run and he
executed by said officers anywhere in the State or r
tory within which they are issued 'o "a " W
SEC: .. AnG be stJurtter enacted That anv ner
son VINO snail knowingly and wiuy obstruct, hin
with the execution Of any warrant OF process ;ssed
under the provisions of this act any person ner
snu a,sn him or them from arresting
any person 1or whose apprehen son such warrant os
process may have been issued or shall rescne or a.
Tempt TO rescue such person from the custody of the
ofcer, other person PERSONS or those lawfully as
sstlng as aforesaid when so arrested pursuant ~ ~
authority herein given and declared OF shall aid
ABEL OF assist person so arrested Aforesaid di,
fcctiy or indirectly, to escape from the custody n,
the officer OF other preson legally AUTHORITY 90
aforesaid, or shall harbor or conceal anv nerso ,
WHOSE arrest warrant OF process shall have been is
sueu as aIoresad 80 as to prevent discovery and
arrest after notice knowledge of the fact that
warrant has been issued for the apprehension of snc
person. SHALL for either of said offences be subect To
line not exceeding thous and dollars and I'M; w
prisonment not exceeding six months bv ind;ctman+
ana before the district court of the United
states Tor the district in which said offence NAV hava
been committed, or before the proper couTt
al jurisdiction, If committed within any one Of tbe
organized Territories Of the United STATES - WIG
SECT. Ind be it further enacted Tbst tho a. .-
ct attorneys, the marshas, their deputies and tbe
clerks OF said district and territorial courts shall he
paid for their services the like fees as NAV he
ed to them for similar services in other cases anI T.;
all cases where the proceedings al before comm;s
sTneI ne shall be entitled to fee of ten dollars in
Iu Ior ms services in each case inclusive of oil
vices incident to such arrest and examination I%a
person OF persons authorized to execute the rroca
oe ISSUED by such commissioning for the arrest Of
entitled to fee of five dollars for each person H. ~
tney may arrest and take before any such comms-
sioner as aforesaid, With such other fees "a nav no
deemed reasonable by such Commissioners 30 ~, ay Ce
other addltlonai services ma be nece.saliIv nor
formed by MN or them, such as attending at the ex
annation keeping the prisoner In custody and mo-
viding him with food and lodging during BIC dntt
ton, and until the final determination Of sucb com
missioner and in general for performing such other du
les as may be required in the premises; such fees to
be made up in conformity with the fees usualiv
charged by the officers of the courts of iustice VIII
~ tae proper district OF county, as near may be
pfaGucaDie ana paid out of the treasury of the Unit
ed States on the certificate of the Judge of tbe dis
rict within which the arrest is made and to be re-
mcnt in case of conviction. 'NDe-
SEC. 8: Aad be 1T further enacted, That whenever
the PRESIDENT ofthe United States shall have reason tn
believe that offences have been are likely to he cam
united against the provisions of this act within anv in
dical dstct it shall be lawful for him. in his discre
ton, to direct the judge, marshal and district atfor
OF such district to attend at such place within The
district and for such time as he may designate, for the
purpose OF the more speedy arrest and trial of per-
be the duty Of every judge or other officer when anv
sScn requlson shall be received by him. to attend at
SEC. Andb it further enacted, That If shall, he
lawful for the President of the United States or sucb
person as he may empower for that purpose. to EN-
Ploy such part of the land OF naval f6rces of tho
United States or militia as shall be necessary ~
this act. w O"eeA ecuIon OF
SEC. 10. And be it FURTHER enacted Tint ,..,o,, ,,u
questions arising ana cause mner rf ~, 80
Tsssons Of this act final appeal n,au be taken IL he
Supreme Court Of the United States. '''' " "'e