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CIVIL RIGHTS BILL

AS ADOPTED BY OONGRESS, MARCA, 1866.

$ 1. That all persons 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; and such citizens of every race and color, without regard to any previous condition of Slavery or involuntary service, except as a punishment for crime, whereof the party shall have been duly convicted, shall have the same right, in every State and Territory, to make and enforce contracts, to sue, to be sued, be parties and give evidence; to inherit, purchase, lease, sell, hold, and convey personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as are enjoyed by white citizens; and shall be subject to the like punishment, pains and penalties, and to none other; any law, statute, ordi

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nance, regulation, or custom to the contrary notwithstanding

82. And that 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 punishment, pains, and penalties, on account of such person having at any time been held in a condition of slavery, or involuntary servitude, except for the punishment of crime whereof the party shall have been duly convicted, or by the reason of his color or race, than is prescribed for the punishment of white persons, shall be deemned guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.

$ 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes civil and criminal, affecting persons who are denied, or can not enforce in the courts of judicial tribunal of the State or locality where they may be, any

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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 in any State court against any such person, for any cause whatsoever, civil or military, or any other person, any arrest or imprisonment, trespasses, or wrong 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 thereto. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced, in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against the 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, and govern the said courts in the trial and disposition of such causes, and, if of a criminal nature, in the infliction of punishment on the party found guilty.

§ 4. That the district attorneys, marshals, and deputy marshals, of the United States, the commissioners appointed by the circuit and territorial courts of the United States, with power of arresting, 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, for trial before such of the United States or territorial courts as by this act have cognizance of the offence, and, with a view to affording reasonable protection 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 party shall have been

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duly convicted, and 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.

$ 5. That said Commissioners shall have concurrent jurisdiction with the judges of the circuit and district courts of the United States, and the judges of the superior courts of the territories, severally and collectively, in term time and vacation, upon satis. factory proof being made, to issue warrants and precepts for arresting and bringing before them all offenders against the provisions of this act, and, on examination, to discharge, admit to bail, or commit them for trial, as the facts may warrant.

$ 6. And such Commissioners are hereby anthorized and required to exercise and discharge all the powers and duties conferred on thern 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. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of

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