Year: 1866

with this act, such defendant shall have the right
to remove such cause for trial to the proper dist
trict circuit court in the manner prescribed by
the Act relating to ha6eas corpus and regulating
judicial proceedings in certain cases. approved
and all acts amendatory thereof The jurisdic-
ton in civil and criminal matters hereby confer
red the district and circuit courts of the Unit
ed States shall be exercised and enforced in con-
formity with the laws of the United States, SO far
such laws are suitable to carry the same into
effect; but in all cases 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 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
q criminal nature, in the infiction of punishment
on the party found guilty.


Sec. 4. A'ad be it 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 arTesst1g or
States, the officers and agents of the Freedmen's
Bureau, and every other officer who may be spe-
States, shall be, and they are hereby, specially
authorized and required, at the expense of the
United States to institute proceedings against all
of this act, and cause him or them to be arrested
and imprisoned, or bailed as the case may be,
for trial before such court of the United States
territorial court by the act has cogniZance of
the offence And with the view to affording rea-
sonable protection 10 to AL persons IN their e9pst
distinction of race or color, or previous condi-
ton of slavery or involuntary seryitude 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
duty of the circuit 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, as to afford a speedy
and convenient means for the arrest and examina-
n CHARGED n violation
act And such commissioners are hereby author
lied and required to exercise and discharge all
the powers and duties conferred on them by this
act, and the same duties with regard to offences
created by this act, they are authorized by law
to exercise with regard to other offences against
the laws of the United States


Sec 5. And be it further enacted, That it shall
be the duty of all 1narshals and deputy marshals
to 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
uty marshal refuse to receive such warrant or
other process when rendered, or to use all proper
means diligently to execute the same, he shall,
conviction thereof, be fined in 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 Constitu-
tion of the United States and the requirements of
this act, they are hereby authorized and empow-
cred, within their counties respectively, to ap-
point, in writing, under their hands, any one or
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 ap-
pointed to execute any warrant or process rs
aforesaid shall have authority to summon and
call to their aid the bystanders the posse
hatuS of the proper county, or such portion of
the land and naval forces of the United States, or
the militia, as may be necessary to the perfor-
nance of the duty with which they charged,
and to insure a faithful observance of the clause
of the Constitution which prohibits slavery, in
conformity with the provisions of this act; and
said warrants shall run and be executed by said
officers anywhere in the State or Territory within
which they arc issued.


SEC. e. A7ld be 1t further enacted That any per-
son who shall knowingly and willfully obstruct,
hinder, prevent any officer, or other person
charged with the execution of any warrant or
process issued under the provisions of this act,
any person or persons lawfully assisting him
them, from arresting anv person for whose ap-
prehension such warrant or process may have
been issued, or shall rescue or attempt to rescue
such person from the custody of the officer, otll-
persons persons, or those lawfully assisting
aforesaid, when arrested pursuant to the
authority herein given and declared, or shall aid,
abet assist amy person arrested aforesaid,
directly or indirectly, to escape from the custody
of the officer other person legally authorized
a aforesaid shall harbor conceal any person
for whose arrest warrant or process shall have
been issued aforesaid, so to prevent his dis
covery and arrest after notice or knowledge of the
fact that warrant has been issued for the appre-
hension OF such person, shall, for either OF said
offences, be subject to fine not exceeding one
thoussnd dollars, and imprisonment not exceed
ing six months, by indictment and conviction be-
fore the district court of the United States for the
district in which said offence may have been
committed, before the proper court of GRIM
inal jurisdiction, if committed within any one of
the organized Territories of the United States.


SEC. z. Ared be it further enacted, That the dis
tlct attorneys, the marshals, their deputies, and
the clerks of the said district and Territorial
fees may be allowed to them for similar servi-
ces in other cases. and in all cases where the pro-
ceedings are before commissioner, he shall be
entitled to fee of ten dollars in full for his servi-
in eacf case inclusive of all services incident
to such arrest and examination. The person or
fhn f01
issued by such commissioners for the arrest of
offenders against the provisions of this act shall
be entitled to fee of five dollars for each person
he they may arrest and take before any such
commissioner as aforesaid, with such other fees
as may be deemed reasonable by such commits
sioner for such other additional services as may
be necessarily performed by him or them, such as
attending at the examination, keeping the prison.
er in custody, and providing him with food and
lodging during his detention, and until the final
determination of such commissioner, and in GEL
eral for performing such other duties as may be
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-
ticable, and paid ou 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 of conviction.


SEC. 8 Aaad be it further enacted, That when
the President of the United States shall have
reason to believe that offences have been or are
likely to be committed against the provisions of
this act within any judicial district it shall be
lawful for him, in his discretion, to direct the
juuge, marshal and district attorney of such dis
trict to 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 a violation of this act and
it shall be the duty of every judge other officer,
when any such requisition shall be received by
him. to attend at the place and for the time there
in designated.


SEC .. Aald be it further enacted, That 1t shall
be lawful for the President of the United States,
or such person as he may empower for that pur-
pose, to employ such part of the land or naval
forces of the United States or the militia as shall
be necessary to prevent the violation and enforce
the due execution of this act.


Sec. 10. and be it further enacted, That upon
all questions of law arising in any cause under
the provisions of this act final appeal may be
taken to the Supreme Court of the United
States"