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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 aforesaid, shall have authority to summon and call to their aid the bystanders or the posse comitatus 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 performance of the duty with which they are charged, and to insure a faithful observance of the clatise 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.
“Sec. 6. And be it further enacted, That any person who shall knowingly and willfully 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 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 who 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 offenses, be subject to a fine not exceeding $1,000, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offense 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. 7. And be it further enacted, That the district attorneys, the marshals, the 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.
“SEC. 8. And be it further enacted, That whenever the President of the United States shall have reason to believe that offenses have been or are likely to be committed against the provisions of this act within any judicia! 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.
“Sec. 9. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act.
"Seo. 10. And be it further 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.”
THE SECOND FREEDMEN'S BUREAU BILL BECOMES A LAW.
THE DISCOVERY OF THE MAJORITY-THE SENATE BILL-THE HOUSE BILL
ITS PROVISIONS-PASSAGE OF THE BILL-AMENDMENT AND PASSAGE IN THE SENATE-COMMITTEE OF CONFERENCE-THE AMENDMENTS AS ACCEPTEDTHE BILL AS PASSED-THE VETO—THE PROPOSITION OF A DEMOCRAT ACCEPTED -CONFUSION IN LEADERSHIP—PASSAGE OF THE BILL OVER THE VETO-IT BECOMES A LAW.
YONGRESS having succeeded in placing the Civil Rights Bill
in the statute-book in spite of Executive opposition, was not
disposed to allow other legislation which was regarded as important to go by default. The disposition of the President, now plainly apparent, to oppose all legislation which the party that had elevated him to office might consider appropriate to the condition of the rebel States, the majority in Congress discovered that, if they would make progress in the work before them, they must be content to do without Executive approval. The defection of the President from the principles of the party which had elected him, so far from dividing and destroying that party, had rather given it consolidation and strength. After the veto of the Civil Rights Bill, a very few members of the Senate and House of Representatives who had been elected as Republicans adhered to the President, but the most of those who had wavered stepped forward into the ranks of the “Radicals," as they were called, and a firm and invincible “two-thirds” moved forward to consummate legislation which they deemed essential to the interests of the nation.
So fully convinced were the majority that some effective legislation for the freedmen should be consummated, that two days after the final vote in which the former bill failed to pass over the veto, Senator Wilson introduced a bill to continue in force the Bu
reau for the relief of Freedmen and Refugees,” which was read twice and referred to the Committee on Military Affairs.
The bill, however, which subsequently became a law, originated in the House of Representatives. In that branch of Congress was a Special Committee on the Freedmen, who were able to give more immediate and continuous attention to that class of people than could committees such as those of the Judiciary and Military Affairs, having many other subjects to consider.
The Committee on the Freedmen, having given much time and attention to the perfection of a measure to meet the necessities of the case, on the 22d of May reported through their chairman, Mr. Eliot, "A bill to continue in force and amend an act entitled “ an act to establish 'à Bureau for the relief of Freedmen and Refugees, and for other purposes.
This bill provided for keeping in force the Freedmen's Bureau then in existence for two years longer. Some of the features to which the President had objected in his veto of the former bill had been modified and in part removed. In providing for the education of freedmen, the commissioner was restricted to cooperating so far with the charitable people of the country as to furnish rooms for school-houses and protection to teachers. The freedmen's courts were to be kept in existence till State legislation should conform itself to the Civil Rights Bill, and the disturbed relations of the States to the Union were restored. The President was required to reserve from sale public lands, not exceeding in all one million of acres, in Arkansas, Mississippi, Florida, Alabama, and Louisiana, to be assigned in parcels of forty acres and less to loyal refugees and freedmen.
One week after the introduction of the bill, its consideration was resumed. The question was taken without debate, and the bill passed by a vote of ninety-six in favor and thirty-two against the measure. Fifty-five members failed to vote.
On the day following, May 30th, the clerk of the House conveyed the bill to the Senate. It was there referred to the Committee on Military Affairs, as that committee already had before them seven bills relating to the same subject. Nearly a fortnight subsequently, the committee reported back to the Senate the House bill with certain amendments. The report of the committee, and the amendments proposed therein, could not be considered in the Senate until the lapse of another fortnight. On the 26th of June, the amendments devised by the committee were read in the Senate and adopted. Mr. Davis made a number of attempts to have the bill laid on the table or deferred to a subsequent day, but without success. Mr. Hendricks and Mr. Buckalew made ineffectual attempts to amend the bill by proposing to strike out important sections.
The Senate indulged in but little discussion of the bill or the amendments. The biļl as amended finally passed the Senate by a vote of twenty-six for and six against the measure. The bill then went to the House for the concurrence of that body in the amendments passed by the Senate.
The Committee on the Freedmen made a report, which was adopted by the House, to non-concur in the amendments of the Senate. A Committee of Conference was appointed on the part of the Senate and the House. They, after consultation, made a report by which the Senate amendments, with some modifications, were adopted.
Mr. Eliot, Chairman of the Committee on the Freedmen, and of the Committee of Conference on the part of the House, at the request of a member, thus explained the amendments proposed by the Senate: “The first amendment which the Senate made to the bill, as it was passed by the House, was simply an enlargement of one of the sections of the House bill, which provided that the volunteer medical officers engaged in the medical department of the bureau might be continued, inasmuch as it was expected that the medical force of the regular army would be speedily reduced to the minimum, and in that case all the regular officers would be wanted in the service. It was therefore thought right that there should be some force connected with the Bureau of Refugees and Freedmen. The Senate enlarged the provisions of the House bill by providing that officers of the volunteer service now on duty might be continued as assistant commissioners and other officers, and that the Secretary of War might fill vacancies until other officers could be detailed from the regular army. That is the substance of the first material amendment.
“ The next amendment strikes out a portion of one of the sections of the House bill, which related to the officers who serve as medical officers of the bureau, because it was provided for in the amendment to which I have just referred.
“The next amendment strikes out from the House bill the