New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-18

States. and every other of3cCr yA0 may Q9
specially empowered BY the ffea1dent q
the United States, shall be, and they ere
hereby especially authorized ana required
stituta proceedings. against all and every
person who shall violate the provisions OF
this act. and cause him or them to be ar
rested and imprisoned, or bailed, as the case
NAV be, for trial before such court OF the
United StatesJ or territorial court
as has cognizance of the ohense.
And with view to afford reasonable pro.
lection to all persons in their constitutional
right to vote without distinction OF ace,
color or previous condition OF servitude,
and to the prompt discharge of the duties
of this act, it shall be the duty of the cir
cult courts of the United States 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 examination OF persons
charged with violation Of this act; and
such commissioners are hereby authorized
and required to exercise and discharge all
| the powers and duties conferred on them
| by this act, and the same duties with re-
gard to Offenses created by this act as they
are authorized by law to exercise with re,
| gard to other otfenses against the laws OF
| United States.
| ~.
| it shall be the duty of all marshals and
| deputy marshals to obey and execute all
warrants and precepts issued under the pro-
| visions of this act, when to them directed;
and should any marshal or deputy marshal
| refuse to receive such warrant or other pro-
| cess when rendered, or to use all proper
means diligently to execute the same, he
shall, on conviction thereof, be lined IN the
| sum of one thousand dollars, to the use OF
| the person deprived OF the rights conferred
| by this act. And the better to enable the
| said commissioners to execute their duties
| faithfully and efficiently, in conformity with
| the Constitution of the United States and
| the requirements of this act, they are
| hereby authorized and empowered within
their districts respectively, to appoint,
in writing, under their hands. any one
Or more suitable persons, from time to time,
to execute all such warrants and other
process as may be issued by them in
the lawful performance of their respective
duties, and the persons so appointed to exc
cute anv warrant or process as aforesaid
shall have authority to summon and call to
their aid the bystanders or posse comitatus
of the proper county, or such portion OF the
land or naval forces of the United States or
of the militia. as may be necessary to the
performance of the duty with which they
are charged, and to insure a faithful OBJ
saryarce of the fifteenth amendment to the
Constitution of the United States and such
warrants shall run and be executed by said
officers anywhere in the State or Territory
within which they are issued.
SEC. IL. And be it further enacted. That
any person who shall knowingly and will
fully Obstruct, hinder or prevent any officer
or other person charged with the execution
of any warrant or process issued under the
provisions of this act. or any person or per
sons lawfully assisting him or them from
arresting any person for whose apprehension
such warrant or process may have been
issued. or shall rescue or attempt to
rescue such person from TIE custody of the
officer or other person or persons. or those
lawfully assisting as aforesaid, when so ar
rested pursuant to the authority herein
given and declared, or shall aid, abet, or as
sist any person so arrested as aforesaid. di
rectly or indirectly, to escape from the Gus
tOdy of the officer or other person legally
authorized as aforesaid, or shall harbor
or conceal any person tor whose arrest
warrant or process shall have been issued as
aforesaid, so as to prevent his discovery and
arrest after notice or knowledge of the fact
that warrant has been issued for the APP
prehensIon of suchiperson, shall, for either!Of
said offenses, be subject TO fine not exceed
ing one thousand dollars, or imprisonment
not exceeding six months, or both, at the dis
erection of the court, on conviction before the
district or circuit court OF the United States
for the district or circuit in which said of
Tense 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 IL. And be it further enacted, That
the commissioners. district attorneys. the
marshals, their deputies, and the clerks
of the said district. circuit, and territorial
courts shall be paid for their services
the like fees as may be allowed
to them for similar services in
other cases. The person or persons author
lied to execute the process to be issued by
such commissioners for the arrest of of
tenders against the provisions Of this act
shall be entitled to the usual fees allowed to
the marshal for an arrest for each person he
or they may arrest and take before any such |
commissioner as aforesaid. with such other
fees as may be deemed reasonable by such
commissioner for such other additional ser
vices as may be necessarily performed by |
him or them such as attending at the ex-
animation, keeping the prisoner in
custody and providing him with food |
and lodging during his detention and |
until the final determination OF such |
commissioner, and in general for performing |
such other duties as may be required i'll the |
premises such fees to be made up i'll con- |
formity with the fees usually charged by the |
j
proper district or county as near as may be |
practicable, and paid out OF the treasury of |
the United States ON the certificate OF the |
Judge of the district within which the az |
rest is made and to be recoverable from the |
defendant as part of the Judgment i'll case |
of conviction.
SEC. 10. And be it further enacted, That |
it shall be lawful for the President of the |
United States to employ such part of the |
land OF naval forces of the United States, or
of the militia, as shall be necessary to aid in |
the execution Of judicial process issued I'M
der this act.
SEC. Ia. And be it further enacted, That |
whenever any person shall hold Office ex |
cept as a member of Congress or of some |
State Legislature, contrary to the pro- |
visions of the third section of the fourteenth |
article of amendment of the Constitution of |
the United States, it shall be the duty of the |
district attorney of the United States for |
the district in which such person shall hold |
office, as aforesaid, to proceed against such |
person, by writ of quo warrantO, returnable |
to the circuit or district court OF the United |
States in such district, and to prosecute the |
same to the removal Of such person from Of |
flee; and any writ of quo warranto SO |
brought, as aforesaid, shall take precedence |
of ali other cases on the docket of the court |
to which il is made returnable, and shall |
not be continued unless for cause proved to |
the satisfaction of the court.
SEC. Is. And be it further enacted. That |
any person who shall knowingly accept or
hold any Office under the United States, or |
any State to which he is ineligible under |
the third section of the fourteenth ar
ticle Of amendment Of the Consti-
tuition Of the United States. or who shall
attempt to hold or exercise the duties of
any such office, shall be deemed guilty of a
misdemeanor against the United States, and.
upon conviction thereof before the circuit
or district court of the United States, shall |