The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-03

House Of Representatives. IN Congress assem-
bled
sEcTIoS 1. That all persons heretofor
held to slavery or involuntary servitudC
except as q punishment for crime, whereo
the party shall have been duly convicte
under the laws Of any State of the Unite
States or any of the Territories thereof, ar
hereby declared 10 be free persons, an
they and their descendants shall be and re
main forever free from slavery or inVolun
tary servitude, except in punishment 70
crime, whereof the party shall have beel
duly convicted, anything in any law, stat
ute, regulation, custom or constitution O
any State or Territory TO the contrary not
withstanding.
SEC. 2. A,ld be It further enacted, That al
laws and customs having the force of law il
any state or Territory, heretofore or hereaf
ter establishing, recognizing, maintaipini
or regulating the right Of property in slaves
or the relations of master and slave, ar,
hereby declared to be abrogated and abol
isbed.
SEC. 3. And Be Il further enacted, Tha
any person who shall unlaHfully, and in
violation Of the said thirteenth amendment
to the constitution and of the provisions o
this act, restrain or cause to be restrained
of his or her liberty, with intent TO subject
or cause TO be subjected, or to ho!d OF
cause 10 be held to service as &
slave or involuntary servant any per.
son, shall be deemed guilty of misde
| meanOr, and on conviction shall be punish
ed by fine not exceeding one thousand dol
lars, or imprisonment not exceeding one
/ year, or both, in the discretion Of the
| court.
SEC. 4 And be 1t further enacted, That
any person who shall unlawlully and in
violation of the provisions of the said thir-
teenth amendment to the constitution and
] the provisions of this act, restrain or cause
to be restrained of his or her liberty with
intent TO hold or cause TO be held to service
as slave or involuntary servant, any per-
son who has heretofore been held to slavery
or involuntary service under the laws OF
any State or Territory, and has been eInan-
| cipated by the said thirteenth amendment
to the constitution, commonly called & freed
man, shall in addition TO the pains and pen
alties provided in the last preceding section
| of this act be liable 10 be prosecuted by the
| person injured, who shalt be entitled TO re-
cover the sum of one thousand dollsrs in
addition TO all damages sustained by such
person, together with the coats of the pros
ecution; and in case any such freedman
! shall, as party 10 any suit or legal proceed
ing, civil or criminal, in the courts of the
State or Territory where he may reside, be
10
amendments To the constitution, he shall
have right to remove the said cause or
proceeding into the District or Circuit
Courts OF the United States, which shall
! thereafter take cognizance Of the same un-
der such rules as may from time 10 time be
| adopted by such; and the said courts there
upon shall have no power to proceed fur
ther in said cause or proceeding; and the
said District or Circuit Courts shall also be
empowered, by wri of fmandamus and pro-
Eibition, to stay all further proceedings in
the State Courts, or under any judgment or
decree OF the same, until the same shall be
| finally determined in the courts of the
United States; and the said District and
Circuit Courts shall have power, by writs of
habeas corpus, mandAmus, prohibition and
eertiorari, or other writs or process, 10 take
cOgnizance of the rights secured by said
amendment 10 the constitution to such freed
men, and to adjudge, decree and enforce
what shall be right in the premises, any
thing in any law, custom or regulation in
any State or Territory notwithstanding.
SEC. 5. And be Il further enacted, That
| if any person shall kidnsp or carry away
any other person, whether negro, mulatto or
otherwise, with the intent that such orther
person shall be cold or carried into involun-
taTy servitude, or held as a slave Of If any
| IEG5tI nndAt NuhANNB VI klOMAuRlF
induce any other person 20 go on bosrd any
vessel or to any other place, with the in
| tent that he or she shall be made or held as
a slave, OF sent out of the country to be so
made or held, or shall in any way knowing
| ly aid in causing any other person to be
| held, sod or carried away, to be held or
sold as slave, he or she shall be punished,
on conviction thereof, by a fine Of not lass
! than five hundred nor more than five thou
sand dollars, or by imprisonment not ex-
ceeding five years, or by both OF said pun
| ishments.
SIC. 8. And Be Il fr-fher enacted, That
| if the msster or owners, or person hav-
| ing charge Of any vessel, shall receive on
board any other person, whether negro,
mulatto OF otherwise, with the knowledge
| or intent that such person shall be carried
| from any State, Territory or district Of the
United States, 10 foreign country, State or
| place, TO be held or sold as a slave, or shall
| carry away from any State, Territory or
! district of the United States, any such per-
son. with the intent that he or she shall be
80 held or sold as slave, such master,
owner, or other person offending, shall be
| punished by q fine not exceeding Eve thou
| sand nor less than five hundred dollars, or
| by Imprisonment not exceeding five years,
or by both of said punishmeuts. And the
vessel on board which said person was re-
ceived to be carried away shall be forfeited
to the United States.
SIC. Z. Aad Be Il further enacted That the
| district courts Of the United States, within
their respective districts, shall have eogni-
zance Of all crimes and offences committed
| against the provisions of this act, and also,
concurTently with the circuit courts Of the
| United States, of all civil causes under this
act. The jurisdiction in civil and criminal
| matters hereby conferred on the distric:
aud circuit courts Of the United States shall
/ be exercised and enforced in conformity
with the laws Of the United States, so far as
such laws are suitable TO carry The zane
| into effect; but in all cases where such laws
are not adapted to the object, or are def
| eient in the provisions necessary to furnish
suitable remedies and punish offences
| sgainst law, the common law, as modified
and changed by tfrs constitution and siatuss
Of the state wherein the court having luris-
/ Dict on 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 be extended TO and govern ssid
courts in the trial and disposition OF such
| cause, and, If Of a criminal nature, in the
inhietion Of punishment on the party found
guilty.
shall prevent any State or Territory from
4 providing by law for trial and punishment
| IN the courts Of such State or Territory any
per.on who may be adjudged under the
| laws thereof 10 be guilty Of false imprison-
ment or kidnapping, or 70 prevent any per
son from bringing a prosecution IA such
courts 10 recover damages sustsined By him
| bv eason Of such false imprisonment or
| kidnapping under the laws OF such State or
| Territory,
SEc. S. And 5e Il further enacted, That the
district attorneys, marshals and deputy
! marshals Of the United States, the commits
sioners appointed by the circuit and terrific
rial courts Of the United States IN case any
| person heretofore held 70 slavery OF nYol-
| untary seryitRde, commonly called freed
| men, shall be restrained oi his liberty BY
any person with intsnt-in violation Of the
I thirteenth amendment 10 the constitution
and Of the provisions Of this acf--to sub
ject him 70 slavery or involuntary servi-
| tude, shall, At the expense of the United
| States, apply Immediately for the writ Of
| habeas corpus 70 bring such freedman be-
fore the proper court OF esiicer, to the end
that speedy justice may be done IN the prem
ises.
Sac. 2. Ana be Il further enacted, That il
shall be phe duty ct all narshals end
| deputy uIarshals to obey and execute
Eli warrants and preeePis issued un-
der the provisions of this act, when
| to thesn directed and sbonld sny marshal
or deputy marshal refuse 10 receive such
warrant or other Process when rendered, oF
| 70 use All uroper means diligently 10 exc