CIVIL RIGHTS ACT-1866: NEGATES THE 14TH, 15TH & 16TH : FOR AMERICAN NATIONALS

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THIRTY-NINTH CONGRESS. Sass. I. CH. 31. 1866. 27 CHAP. X . - An Act to protect all Persons in the United States in their Civil April 9, 1866. Sights, andfurnish the…
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THIRTY-NINTH CONGRESS. Sass. I. CH. 31. 1866. 27 CHAP. X . - An Act to protect all Persons in the United States in their Civil April 9, 1866. Sights, andfurnish the Means of their Vindication. Be it enacted by the Senate and House of Representatives of the United Who are citi- States of America in Congress assembled, That all persons born in the z e"s of the United States and not subject to any foreign power, excluding Indians Un not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous con- dition of slavery or involuntary servitude, except as a 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 their rights and enforce contracts, to sue, be parties, and give evidence, to inherit,nd obligtiont purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of per- son and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding. SEc. 2. And be itfurther enacted, That any person who, under color of Penalty for de- any law, statute, ordinance, regulation, or custom, shall subject, or cause priving any per- to be subjected, any inhabitant of any State or Territory to the depriva- sontecteadnbvrhi t tion of any right secured or protected by this act, or to different punish- act, by reason of ment, pains, or penalties on account of such person having at any time colororrace, &c been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on convic- tion, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court. SEC. 3. And be it further enacted, That the district courts of the United Courts of the States, within their respective districts, shall have, exclusively of the United States to courts of the several States, cognizance of all crimes and offences com- f offeucesundior mitted against the provisions of this act, and also, concurrently with the this act. circuit courts of the United States, of all causes, civil and criminal, affect- ing persons who are denied or cannot enforce in the courts or judicial tri- bunals of the State or locality where they may be any of the rights secured to them by the first section of this aot; and if any suit or prosecution, Suits com- civil or criminal, has been or shall be commenced in any State court moened in State courts may against any such person, for any cause whatsoever, or against any officer, removed on be de- civil or military, or other person, for any arrest or imprisonment, tres- fendant'smotion. passes, or wrongs done or committed by virtue or under color of author- ity derived from this act or the act establishing a Bureau for the relief' of Freedmen and Refugees, and all acts amendatory thereof, or for refusing 186.5 ch. 90. to do any act upon the ground that it would be inconsistent with this act, Vol. xiii. P 507 such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the "Act re- lating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all 1863, ch. 87. acts amendatory thereof. The jurisdiction in civil and criminal matters Vol. xii. p. 765. hereby conferred on the district and circuit courts of the United States beJurisdiction enforced tac to shall be exercised and enforced in conformity with the laws of the United cording to the States, so far as such laws are suitable to carry the same into effect; but laws ofthe Unit- ed States, or the in all cases where such laws are not adapted to the object, or are deficient commonlaw,&c. in the provisions necessary to furnish suitable remedies and punish offen- ces against law, the common law, as modified and changed by the consti- t-ition 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 infliction of punishment on the party found guilty. 28 THIRTY-NINTH CONGRESS. SESS. I Ci. 31. 1866. District attor- SEC. 4. And be itfurther enacted, That the district attorneys, marshals, neys, &c., to in- and deputy marshals of the United States, the commissioners appointed by sintte r eedall the circuit and territorial courts of the United States, with powers of arrest- violating this act. ing, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially 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, as the case may be, fbr trial be- fore such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable pro- tection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the par- ty 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 Number of time to time, to increase the number of commissioners, so as to afford a commissioners speedy and convenient means for the arrest and examination of persons appointed by cir- cuit and territo- charged with a violation of this act; and such commissioners are hereby rial courts to be authorized and required to exercise and discharge all the powers and du- auincthoa.their ties conferred on 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. Marshals, &c., SEC. 5. And be it further enacted, That it shall be the duty of all mar- pto oey all pre- shals and deputy marshals to obey and execute all warrants and precepts act. issued under the provisions of this act, when to them directed; and should Penalty for re- any marshal or deputy marshal refuse to receive such warrant or other fuss, &. process when tendered, or to use all proper means diligently to execute the same, he shall, on 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 Commissioners committed the offence. And the better to enable the said commissioners smay apint peer- to execute their duties faithfully and efficiently, in conformity with the warrants. Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties 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 execute any warrant or process as afore- Authority of said shall have authority to summon and call to their aid the bystanders such persons. or posse comitatus of the proper county, or such portion of the land or na- val 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 observance of the clause of the Constitution which prohibits slav- Warrants to ery, in conformity with the provisions of this act; and said warrants shall un w ere. run and be executed by said officers anywhere in the State or Territory within which they are issued. Penalty forob- SEC. 6. And be it further enacted, That any person who shall knowing- structing process ly and wilfully obstruct, hinder, or prevent any officer, or other person under ths act; charged with the execution of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or for rescue, &c.; process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority for aiding to herein given and declared, or shall aid, abet, or assist any person so arrest- escpe; ed as aforesaid, directly or indirectly, to escape from the custody of the for harboring, officer or other person legally authorized as aforesaid, or shall harbor or THIRTY-NINTH CONGRESS. SEss. I. Ca. 31. 1866. 29 conceal any person for whose arrest a 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 a warrant has been issued for the apprehen- sion of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offence may have been com- mitted, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. SEC. 7. And be it further enacted, That the district attorneys, the mar- Fees of district shals, their deputies, and the clerks of the said district and territorial courts attorneys, mar- shals, clerks, shall be paid for their services the like fees as may be allowed to them for commissioner, similar services in other cases; and in all cases where the proceedings &c.; are before a commissioner, he shall be entitled to a fee of ten dollars in full fbr his services in each case, inclusive of all services incident to such arrest and examination. The person or persons 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 a fee of five dollars for each person he or they may arrest and take before any such commis- sioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, 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 in the premises; 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 t county, as near as may be practicable, and paid out of the Treasury of the fronm the treas- United States on the certificate of the judge of the district within which uryofthe United the arrest is made, and to be recoverable from the defendant as part of the States, and to be judgment in case of conviction. defendant when SEC. 8. And be itfurther enacted, That whenever the President of the convicted. United States shall have reason to believe that offences have been or a dident re udae likely to be committed against the provisions of this act within any judicial &c., to attend, district, it shall be lawful for him, in his discretion, to direct the judge, &c.,for themore speedy trial of marshal, and district attorney of such district to attend at such place within persons charged the district, and for such time as he may designate, for the purpose of the with violating more speedy arrest and trial of persons charged with a violation of this th act; i act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated. SEC. 9. And be it further enacted, That it shall be lawful for the Pres- may enforce ident of the United States, or such person as he may empower for that military the act with and the purpose, to employ such part of the land or naval forces of the United vli power. na- States, or of 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 Appeal to the arising in any cause under the provisions of this act a final appeal may be "surenecourt of taken to the Supreme Court of the United States. St tes SCHUYLER COLFAX, Speaker of the House of Representatives. LA FAYETTE S. FOSTER, President of the Senate, pro tempore. In the Senate of the United States, April 6, 1866. The President of the United States having returned to the Senate, in Bill passed over which it originated, the bill entitled "An act to protect all persons in the the veto of the United States in their civil rights, and furnish the means of their vindica- President. tion," with his objections thereto, the Senate proceeded, in pursuance of the Constitution, to reconsider the same; and, 30 THIRTY-NINTH CONGRESS. SEss. I. Cu. 31, 32. 1866. Resolved, That the said bill do pass, two-thirds of the Senate agreeing to pass the same. Attest: J. W. FORNE, Secretary of the Senate. In the House of Representatives U S. April 9th, 1866. The House of Representatives having proceeded, in pursuance of the Constitution, to reconsider the bill entitled "An act to protect all persons in the United States in their civil rights, and furnish the means of their vin- dication," returned to the Senate by the President of the United States, with his objections, and sent by the Senate to the House of Representa- tives, with the message of the President returning the bill: Resolved, That the bill do pass, two-thirds of the House of Represen- tatives agreeing to pass the same. Attest: EDWARD MCPHERSON, Clerk, by CLINTON LLOYD, Chief Clerk. April 10, 1866. CHAP. XXXII. - An Act grantingto the State of Wisconsin a Donation ofPalicLands to aid in the Construction of a Breakwater and Harbor and Ship Canal at the Head of Sturgeon Bay, in the County of Door, in said State, to connect the Waters of Green Bay with Lake Mtichigan, in said State. Grant of land Be it enacted by the Senate and House of Representatives of the United to Wisconsin for States of America in Congress assembled, That there be, and hereby is, breakwater, har- bor, and ship granted to the State of Wisconsin for the purpose of aiding said State in canal. constructing and completing a breakwater and harbor and ship canal to connect the waters of Green bay with the waters of Lake Michigan, two hundred thousand acres of public lands, to be selected in subdivisions agreeably to the United States survey, by an agent or agents appointed by the governor of said State, subject to the approval of the Secretary of the Proviso. Interior, from lands subject to private entry: Provided, That said selec- Selections,how tions shall all be made from alternate and odd numbered sections of land made. nearest the location of said harbor and canal in said State not otherwise appropriated, and not from lands designated by the United States as "min- eral" before the passage of this act, nor from lands to which the rights of pre-emption or homestead have attached. Lands subject SEC. 2. And be it further enacted, That the said lands hereby granted tl disposal ofl shall be subject to the disposal of the legislature of said State, or, if the legislature thereof shall not be in session, or shall adjourn within ten days after the passage and approval of this act, then said lands shall be subject to the disposal of the governor and board of commissioners of school, uni- versity, and swamp lands of said State, for the purposes aforesaid, and for Canal to be no other; and the said canal shall be and remain a public highway for ublic highway, the use of the government of the United States, free from toll or charge upon the vessels of said government, or upon vessels employed by said government in the transportation of any property or troops of the United States. Plans, &c., to SEC. 3. And be it further enacted, That before it shall be competent for befiled indepart- said State to dispose of any of said lands, to be selected as aforesaid, the plan of said breakwater and harbor and the route of said canal shall be established, and a plat or plats thereof shall be filed in the office of the WVar Department, and a duplicate thereof filed in the office of the Com- missioner of the General Land Office. Unless work is SEC. 4. And be it further enacted, That if the said breakwater, harbor, shall not be completed within three years from the passage of three years,inun- and canal, completed sold lands revert this act, the lands hereby granted and remaining unsold shall revert to the to the United United States. States. Account to be SEc. 5. And be it further enacted, That the legislature of said state kept; and when shall cause to be kept an accurate account of the sales and net proceeds
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