The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-04-14

from this act the act eStaDllSnlnS loI
the relief of freedmen and refugees, and all acts
amendatory thereof; or for refusing to do any ac-
upon the ground that it would be inconsistent
with this act such defendant shall have the right
to remove sIch cause for trial to the proper dist
trict circuit court in the manner prescribed by
the Act relating to hGbeas corpus and regulating
judicial proceedings in certain cases. approved
March three, eighteen hundred and siXty-three,
and all acts amendatory thereof. The jurisdic-
ton in civil and criminal matters hereby confer
red on the district and circuit courts OF the Unit
ed States shall be exercised and enforced in con-
ormity with the laws of the United States, so far
as such laws are suitable to- carry the same into
effect but in all where such laws are not
adapted to the object, deficient in the pro-
visions 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 inconsistent with
the Constitution and laws of the United States,
shall be extended to and govern said courts IN
the trial and disposition of such cause, and if of
a criminal nature in the infection of punishment
on the party found guilty.
SEC. f. And be 1t further enacted, That the dis
trict 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
DaiGg offenders against the laws OF the United
States, tire officers and agents of the Freedmens
Bureau, and every other officer who may be spe-
clally 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, 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 the case may be,
for trial before such court of the United States or
territorial court as by the act has cognizance OF
the offence. And with the view to atfordlng rea-
sonable protection to all persons i'll their constl-
tutiona rights OF equality before the law, without
distinction of race or color, or previous condi-
ton of slavery involuntary servitude, except
punishment for crime, whereof the party
shall have been duly convicted and to the prompt
discharge of the duties of this act it shall be the
Inf of CIR
and the superior courts of the Territories of the
United States, from time to time, to increase the
number of commissioners, so as to afford speedy
and convenient means for the arrest and eXamina-
ton Of persons charged with violation OF this
act. &nd such commissioners are hereby author
ICED and required to exercise and discharge all
the pow ers and duties conferred 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. ,. Ind be it further enacted, That it shall
be the duty of all Elarshals and deputyimarshals
obey and execute all warrants and precepts is
sued under the provisions of this act, when to
them directed and should any marshal or dep
utv 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
convection thereof, be fined i'll the sum of one
thousand dollars, to the use of the person upon
whom the accused is alleged TO have committed
the offence. And the better to enable the said
commissioners to execute their duties faithfully
and efficiently, in conformity with the ConStltu-
ton OF the United States and the requirements of
this ACT they hereby authorized and cmpow
cred. within their counties respectively, to APP
point, IN -vriting under their hands, any
more suitable persons from time to. time, TO exc
cute all such warrants and other process as may
be issued by them in the lawful performance OF
their respective duties; and the persons so APP
POINTED to execute any warrant or process as
aforesaid shall have authority to summon and
call 10 their aid the byStanders or the posse COM
iiats.> Of the proper county, or such portion of
lc and and naval forces of the United States or
TIC militia as may be necessary to the pertor-
az q luty with which they CHARGED
and TO Insure faithful observance of the clause
OF tie G0n>tiIut on which prohibits slavery, in
conformity with the provisions OF this act; and
said warrants shall run and be executed by said
Officers anywhere i'll the State or Territory within
Tlii:!: they are issued.
SIC. Il. ind be It further enacted, That any per
son " no shall knowingly and willfully obstruct,
hii:,icr, or prevent an, officer, or other person
charged with the execution of any warrant or
pFCcesSi>sued under the provisions OF this act,
or any person or persons lawfully assisting him
them, from arreSting any person for whose APP
prelen>ion such warrant or process may have
been issued, or shall rescue or attempt to rescue
such person from lie custody of the officer, 9TH
or persons or persons, or those lawfully assisting
aforesaid, when arrested pursuant to the
authority herein given and declared or shall aid,
abet, assist any person arrested aforesaid,
directly or indirectly, to escape from the custody
rs aforesaid or shall harbor or conceal any person
for whose arrest warrant process shall have
been issued IL aforesaid so as to prevent his dis
coVcr and arrest after notice or knowledge of the
iact t.lat warrant has been issued for the appre
hcI~ion of sucn person, shall, for either of said
CitticC:, be subject to fine not exceeding one
Observation-Disclosures, and imprisonment not exceed
ing six months, by indictment and conviction be-
fer" the district court ofthe United States for the
district in which said offence may have been
committed, or before the proper court of GRIM
inai jurisdiction, if committed within any one of
thu organized Territories of the United States
SEC. :. Int DC IL tttTttGr etacted, That the dis
Il ict attorneys the marshals, their deputies, and
the clerks Of the said district and Territorial
courts small be paid for their services the like
=,
ii other cases; and in all where the pro-
rce&ii.gs ar before commissioner, he shall be
entitled to fee often dollars in full for his scrvi
cc II! each case, inclusive OF all services incident
to such arrest and examination. The person or
parsons authorized to execute the process to be
issued by such commissioners for the arrest of
offenders against the provisions of this act shall
be entitled to fec of five dollars for each person
he or they may arrest and take before any such
commissioner as aforesaid with such other fees
may be deemed reasonable by such commits
~ioner for such other additional services may
be necessarily performed by him orthrm, such as
itcndins: N the examination, keeping The prison.
er in custody, and providing MIN with food and
lodging during his detention, and until the final
determination of such commissioner, and in ge,
eral for performing such other duties may be
required III tie PROMISES; such fees to be made
up in conformity with the fees usually charged
by the officers of the courts of justice within the
proper district or county, as near as may be prac
tcabic and paid on. of the treasury of the United
States on the certificate of the judge of the dis
trict within which the arrest is made, and to be
recoverable from the defendant as part of the
Judgment in case of conviction.
SEu. 8 Aasd be 1t further enacted, That when
ever the President Of the United States shall have
reason to believe that offences have been
likely 10 be committed against the provisions of
this within any judicial district, it shall be
lawful for him, in his discretion, to direct the
Judge, marshal and district attorney of such dis
trict 10 attend at such place within the district,
and for such time he may designate, for the
purpose of the more speedy arrest and trial of
persons charged with violation of this act; and
it shall be the duty of every judge other officer,
when any such requisition shall be received by
him, 10 attend at the place and for the time there
i'll designated.
SEC 9. Ind be it further enacted That it shall
be lawful for the President of the United States
such person he may empower for that pur-
pose TO employ such part of the land or naval
forces of the United States, the militia, shall
be necessary to prevent the violation and enforce
the due execute II of this act.
SEC. 10. and be it Jatrthe, enacted, That upon
all questions of law arising in any cause under
the provisions of this act a final appeal may be
taken to the Supreme Court of the United
States"
United States Laws.
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