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3 March 1863. approved by the court, and a new bond may be required whenever the court shall deem it proper that such bond shall be given. Every marshal's bond so given shall be filed in the office of the clerk of the circuit court, and a copy thereof entered upon the journal of the court. A copy of every bond given by a clerk shall be entered on the journal of the court for which he is appointed, and the bond shall be deposited for safe keeping as the court may direct. A certified copy of such entry shall be primâ facie proof of the execution of such bond, and of the contents thereof.

3 March 1865 24. 13 Stat. 501.

Parties may

waive jury trial.

Trial of issues of

fact by the court

regulated.

Bills of exception.

23. Issues of fact in civil cases in any circuit court of the United States may be tried and determined by the court, without the intervention of a jury, whenever the parties or their attorneys of record file a stipulation in writing with the clerk of the court, waiving a jury. The finding of the court upon the facts, which finding may be either general or special, shall have the same effect as the verdict of a jury. The rulings of the court in the cause in the progress of the trial, when excepted to at the time, may be reviewed by the supreme court of the United States upon a writ of error or upon appeal, provided the rulings be duly presented by a bill of exceptions. When the finding is special the review may also extend to the determination of the sufficiency of the facts found to support the judgment.(a)

Citizenship.

1. Citizenship defined. Civil rights and obligations of citizens. 2. Penalty for depriving any citizen of his civil rights by reason of color or race.

3. Jurisdiction of the district courts. Removal of causes from the state courts. Jurisdiction to be exercised in conformity with the federal statutes and the common law.

4. Duties of district attorneys, marshals, &c. Commissioners to be appointed. Their powers and duties.

5. Marshals to execute process. Commissioners may appoint

9 April 1866

14 Stat. 27.

Citizenship defined.

1.

persons to serve process. Posse comitatus may be summoned. Where process to run.

6. Penalty for obstructing the execution of process; for rescuing prisoners; for aiding escapes; for harboring, &c. 7. Fees of officers.

8. President may direct special courts to be held. 9. Civil rights to be enforced by military power. 10. Appeals to the supreme court.

1. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; (b) and such citizens, of every race and color, without regard to any previous condition 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 and enforce contracts, to sue, be parties, and Civil rights and give evidence, (c) to inherit, purchase, lease, sell, hold and convey real and personal obligatious of

citizens.

Ibid. ? 2.

Penalty for de

priving any citi rights by reason of color or race.

zen of his civil

property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens; (d) 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.

2. Any person who, under color of any law, statute, ordinance, regulation or custom, shall subject, or cause to be subjected, any inhabitant of any state or territory to the deprivation of any right secured or protected by this act, or to different punishment, pains or penalties on account of such person having at any time 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 conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.

(a) This act is binding on the federal courts sitting in Louisiana. Insurance Co. v. Tweed, 7 Wall. 44. (b) This act is constitutional. United States v. Rhodes, 16 Am. L. R. 233; 8. c. 1 Am. L. T. Rep. 22; Ex parte Turner, 6 Int. R. Rec. 147; 8. c. 1 Am. L. T. Rep. 7; People v. Washington, 3 Am. L. Rev. 574. It naturalized all persons of color within the United States. United States v. Rhodes, ut supra. (c) Congress has no power to prescribe rules of evidence for the state courts; and therefore, this act, so far as it professes to do so, was held by the supreme court of Delaware to be unconstitutional. State v. Rash, 15 Pitts. L. J. 61. So, it was said by Chief Justice Bigelow, of the supreme court of Massachusetts, that "we entertain grave doubts whether it is within the constitutional authority of congress to enact rules regulating the competency of evidence on the trial of cases in the courts of the several states, which shall be obligatory upon them; we are not aware that the existence of such a power has ever been judicially sanctioned; there are numerous and weighty arguments against its existence." Carpenter v. Snelling, 97 Mass. 459. The same doctrine was held by Chief Justice Breese, in the supreme court

of Illinois, who said, that "to hold that congress can enter into these courts, and prescribe what shall be evidence therein, is so revolting to all our notions of federal and state power, as to compel us to refuse to yield any acquiescence to such a doctrine." Craig . Dimock, 9 Int. R. Rec. 129; 8. c. 1 Chicago Leg. News 179. See also to the same effect, Quinn v Lloyd, 2 Balt. L. Tr. 760; contra, United States v. Rhodes, 16 Am. L. R. 233; s. c. 1 Am. L. T. Rep. 22; Maynard v. Johnson, 2 Nev. 25. It is a subject of congratulation, that the state judiciary are, at length, returning to the old land-marks in the construction of federal legialation.

(d) It is a violation of the act to inflict upon a negro, the punishment of banishment from the state. United States v. Horton, District Court, Alabama. 20 December 1867. Busteed, J. No evidence is receivable against a negro which, by the state law, could not be given against a white man. People v. Washington, 3 Am. L. Rev. 574. Nor can an infant negro be apprenticed in a different manner from that provided for white apprentices. Ex parte Turner, 6 Int. R. Rec. 147; s. c. 1 Am. L. T. Rep. 7.

courts.

causes from the

state courts.

3. The district courts of the United States, within their respective districts, shall 9 April 1866 § 3. have, exclusively of the courts of the several states, cognisance of all crimes and Jurisdiction of offences committed against the provisions of this act, and also concurrently with the the district circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the state or locality where they may be any of the rights secured to them by the first section of this act; and if any suit or prosecution, civil or criminal, has been or shall be commenced Removal of in any state court, against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses or wrongs done or committed by virtue or under color of authority 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 to do any act upon the ground that it would be inconsistent with this act, 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 relating to habeas corpus and regulating judicial proceedings in certain cases," approved March 3, 1863, and all acts amendatory thereof. (a) The jurisdiction in civil and crimi- Jurisdiction to be nal matters hereby conferred on the district and circuit courts of the United States exercised in conformity with the shall be exercised and enforced in conformity with the laws of the United States, so federal statutes and the common far as such laws are suitable to carry the same into effect; but in all cases where such law. laws are not adapted to the object, or are deficient in the provisions 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 infliction of punishment on the party found guilty.

Ibid. 24.

shals, &c.

4. The district attorneys, marshals and deputy-marshals of the United States, the commissioners appointed by the circuit and territorial courts of the United States, Duties of district with powers of arresting, imprisoning or bailing offenders against the laws of the attorneys, marUnited 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, for trial before such court of the United States or territorial court as by this act has cognisance of the offence. And with a view to affording reasonable Commissioners protection to all persons in their constitutional rights of equality before the law, with- to be appointed. out distinction of race or color, or previous condition of slavery or involuntary servitude, except as a 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, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commissioners are hereby authorized Their powers and 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, as they are authorized by law to exercise with regard to other offences against the laws of the United States.

duties.

Ibid. 25.

5. It shall be the duty of all marshals and deputy-marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; Marshals to exe and should any marshal or deputy-marshal refuse to receive such warrant or other cute process. 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 committed the offence. And the Commissioners better to enable the said commissioners to execute their duties faithfully and efficiently, max to serve proappoint perin conformity with the constitution of the United States and the requirements of this cess. 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 Posse comitatus execute any warrant or process as aforesaid shall have authority to summon and call may be sumto 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

moned.

VOL. II.-9

(a) Tit. "Circuit Courts," II.

9 April 1866.

the performance of the duty with which they are charged, and to insure a faithful obWhere process to servance 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 are issued.

run.

Ibid. § 6.

Penalty for obstructing the ex

ecution of pro

cess.

soners.

For aiding escapes.

6. Any person who shall knowingly and wilfully 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 persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may For rescuing pri- 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 herein given and declared; or shall aid, abet or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid; or shall harbor or 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 apprehension 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 committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized territories of the United States.

For harboring,

&c.

Ibid. 7. Fees of officers.

Ibid. 8.

President may direct special courts to be held.

Ibid. 9.

7. The district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for 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 commissioner 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 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 arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction.

8. Whenever 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 judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as 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 or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.

9. It shall be lawful for the president of the United States, or such person as he Civil rights to be may empower for that purpose, to employ such part of the land or naval forces of the enforced by mili- United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act.

tary power.

Ibid. 10.

10. 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.

1. Additional clerks in the treasury department.

2. Additional clerks in the war department.

Clerks.

3. Additional clerks in the offices of the surgeon-general, pay

master-general and adjutant-general.

4. Additional clerks in the office of the quartermaster-general.

5. In assistant treasurer's office at New Orleans.

6. Certain clerks transferred.

7. Clerks in treasury department.

8. Additional clerks in the post-office department.
9. Clerks in the navy department.

11 Stat. 325.

1. In addition to those now authorized by law, there may be employed by the secre- 12 June 1858 4. tary of the treasury, in the office of the register of the treasury, an additional clerk of the third class; and in the office of the treasurer of the United States, an additional Additional clerk of the third class.(a)

clerks.

12 Stat. 333.

Additional clerks

in the war de

partment.

2. In addition to the clerical and other force now authorized by law in the war de- 27 Jan. 1862 ? 1. partment and its bureaus, the secretary of war is hereby authorized to appoint as follows: In the office of the secretary of war, four clerks of class one; in the office of the adjutant-general, eighteen clerks of class one, and two messengers; in the office of the quartermaster-general, ten clerks of class one, and one messenger; in the office of the surgeon-general, two clerks of class one, and one laborer; in the office of the paymaster-general, eight clerks of class one, and one messenger; in the office of the chief of engineers, one clerk of class one; in the office of the chief of ordnance, three clerks of class one; in the office of the commissary-general, three clerks of class one, and one laborer. And the adjutant-general is authorized to employ in his office any number, not exceeding ten, of non-commissioned officers, to be selected by him from the army, in addition to his present clerical force.

12 Stat. 509.

ral's office.

3. There shall be added to the clerical force of the surgeon-general's office one clerk 5 July 1862 2 5. of class one, and one clerk of class two; and there shall be added to the clerical force of the paymaster-general's office twenty clerks of class two, and twenty clerks of class one; Surgeon geneand there shall be added to the clerical and other force of the adjutant-general's office Paymaster-genefour clerks of class two, six clerks of class one, and ten other clerks, at a monthly com- ral. pensation of sixty dollars each; and the adjutant-general may detail ten more non- Adjutant-genecommissioned officers of the army as clerks in his office.

ral.

12 Stat. 641.

4. There shall be added to the clerical and other force in the office of the quarter- 7 Feb. 1863 21. master-general, to be appointed by the secretary of war, four clerks of class four, and ninety clerks of class one; also, thirty copyists and six laborers, at an annual compen- Quartermastersation of six hundred dollars each.

13 Stat. 161.

surer's office at

general. 5. In lieu of the clerks heretofore authorized and provided, the assistant treasurer at 25 June 1864 ? 7. New Orleans be and he is hereby authorized to appoint, with the approbation of the secretary of the treasury, one chief clerk, at a salary of twenty-five hundred dollars per In assistant treaannum; one clerk at a salary of two thousand dollars per annum; two clerks, at a New Orlents. salary of fifteen hundred dollars per annum each; one porter, at a salary of nine hundred dollars per annum; and two watchmen, at a salary of six hundred dollars per annum each. And in case of the sickness or unavoidable absence of the assistant treasurer, he may, in his discretion, authorize the chief clerk to act in his place, and to discharge all the duties required by law of the assistant treasurer.

Ibid. 22.

6. So many of the clerks in the office of the paymaster-general as have been, or may be deemed unnecessary, not exceeding thirty-seven in number, who shall be found Certain clerks competent, to be selected by the secretary of the treasury, are hereby transferred to transferred. the office of the third auditor of the treasury, and shall be classified as follows: twelve clerks of class two, and twenty-five of class one.

7. That there be and hereby is appointed in the office of the secretary of the treasury five clerks of class three, in lieu of five clerks of class one.(a)

Ibid. 11.

14 Stat. 3.

8. In addition to the clerical force now authorized by law in the post office depart- 16 Feb. 1866 & 1. ment, the postmaster-general be and he is hereby authorized to appoint and employ four clerks of class one, seven of class two, fourteen of class three, and four of class Post office. four.

14 Stat. 207.

9. The secretary of the navy is authorized to appoint in the several bureaus of his 23 July 1866 3 8. department, in addition to their chief clerks, and in lieu of the clerical force now authorized, clerks as follows, viz.: In the bureau of yards and docks, one clerk of class Clerks in the navy depart four, who shall be the draughtsman, two clerks of class three, two clerks of class two. ment. and one clerk of class one; in the bureau of navigation, one clerk of class four, and one clerk of class two; in the bureau of equipment and recruiting, one clerk of class four, two clerks of class three, two clerks of class two, and three clerks of class one; in

(a) See tit. "Treasury Department," 7.

23 July 1866.

the bureau of ordnance, one clerk of class four, two clerks of class three, and two clerks of class two; in the bureau of construction and repairs, one clerk of class four, two clerks of class three, two clerks of class two, and one clerk of class one; in the bureau of steam navigation, one clerk of class three; in the bureau of provisions and clothing, one clerk of class four, three clerks of class three, six clerks of class two, and three clerks of class one; in the bureau of medicine and surgery, one clerk of class four, and one clerk of class three.

Coasting Trade.

1. Certain enrolled and licensed vessels may engage in the feiture of vessel to be incurred. Saloon stores to be liable to coasting or foreign trade on the northern frontier, &c. duty.

2. Where enrolment and license of vessels on the western waters to be granted.

3. Penalty for fraudulent transhipment of goods.

4. Sea stores purchased in the British provinces, to be reported, on oath. If in excess, to be liable to duty. Penalty. When for

17 June 1864 1. 13 Stat. 134.

Certain enrolled and licensed ves

sels may engage in the coasting or foreign trade on the northern frontier, &c.

28 Feb. 1865 2 1. 13 Stat. 444.

Where enrol

ment and license

of vessels on the

western waters to be granted.

18 July 1866 2 20. 14 Stat. 182.

Penalty for

fraudulent transhipment of goods.

Ibid. ? 22.

5. Equipments purchased abroad to be entered, and pay duty. If obtained through necessity, duty to be refunded. License and enrolment to be withheld until duties are paid.

6. Goods transported from one domestic port to another, to be unladen in open day, unless by special license.

1. Any boat, sloop or other vessel of the United States, navigating the waters on our northern, north-eastern and north-western frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; which enrolment and license shall authorize any such boat, sloop or other vessel to be employed either in the coasting or foreign trade on said frontiers; and no certificate of register shall be required for vessels so employed on said frontiers: Provided, That such boat, sloop or vessel shall be in every other respect liable to the rules, regulations and penalties now in force relating to registered and licensed vessels. (a)

2. Whenever it shall become necessary for the owner or owners of any vessel of the United States navigating the western rivers and the waters on the northern, northeastern and north-western frontiers of the United States, otherwise than by sea, and being in a district other than that to which such vessel shall belong, to procure her enrolment and license, or license, or renewal thereof, the same proceedings may be had in the district in which said vessel then shall be, as are now or shall then be required by law, on application for such enrolment and license, or license, or renewal thereof, as the case may be, in the district to which such vessel may belong, excepting the giving of bond and the enrolment and issuance of license; and the officer before whom such proceedings shall be had shall certify the same to the collector of the district to which such vessel shall belong, who shall thereupon, on the said owner or owners giving bond as required in other cases, duly enroll the said vessel and issue license, in the same form as if the application had originally been made in his office; and either deliver the said license to said owner or owners, or forward it by mail to the officer who certified to him the preliminary proceedings, and who shall, in such case, deliver the said license to the owner or owners, or master of the vessel: Provided, That this act shall not be construed so as in any respect to change existing laws, excepting in so far as it enable such owners to procure enrolment or license or renewal thereof, without returning their vessels to their home ports or districts.

3. If any goods, wares or merchandise shall, at any port or place in the United States in the northern, north-eastern or north-western frontiers thereof, be laden upon any vessel belonging wholly or in part to a subject or subjects of a foreign country or countries, and shall be taken thence to a foreign port or place, to be reladen and reshipped to any other port or place in the United States on said frontiers, either by the same or any other vessel, foreign or American, with intent to evade the provisions of the fourth section of the "Act concerning the navigation of the United States," approved March 1, 1817, (b) the said goods, wares and merchandise shall, on their arrival at such last-named port or place, be seized and forfeited to the United States, and the vessel shall pay a tonnage duty of fifty cents per ton on her admea

surement.

4. If any vessel enrolled or licensed to engage in the foreign and coasting trade on the northern, north-eastern and north-western frontiers of the United States, shall

(a) Where a vessel has been enrolled and licensed, and prior to the expiration of the time limited by the license, is sold to a citizen of the United States, and continues running without a renewal of her license, she becomes liable to port fees and tonnage, in every port at which she may arrive, the same as vessels not belonging to the United States; but the vessel does not thereby become denationalized. United States v. The Forrester, 1 Newb. 82. In a controversy, in which the question is, whether a steamboat was a foreign or domestic vessel, at the time the account

accrued, for which the libel is filed, the enrolmeat made under oath by the managing owner, pursuant to the act 31 December 1792, 3 (1 vol. 824, pl. 3), requiring the enrolment to be made at the port nearest the residence of the owner, is primâ facie evidence that the boat belonged to such port. Dudley v. The Superior, 1 Newb. 176. An enrolment and license, duly executed, does not require delivery to give it validity. United States v. The Planter, 1 Newb. 262.

(b) 1 vol. 139, pl. 4.

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