Key-Notes of American Liberty Part 17

Done at the City of Washington, this the 29th day of May, 1865, and of the independence of America the 89th.

ANDREW JOHNSON.

By the President, WM. H. SEWARD, _Secretary of State_.

A PEACE PROCLAMATION.

On the 20th of August, 1866, the President issued a proclamation announcing the return of peace and restoring the writ of _habeas corpus_ in all the Southern States. Among the points made in this proclamation are the following:

"There now exists no organized armed resistance of the misguided citizens or others to the authority of the United States in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can be sustained and enforced therein by the proper civil authority, State or Federal, and the people of the said States are well and loyally disposed, and have conformed, or will conform, in their legislation to the condition of affairs growing out of the amendment to the Const.i.tution of the United States prohibiting slavery within the jurisdiction of the United States.

"* * * The people of the several before mentioned States have, in the manner aforesaid, given satisfactory evidence that they acquiesce in this sovereign and important revolution of the national unity.

"It is believed to be a fundamental principle of government that people who have revolted, and who have been overcome and subdued, must either be dealt with so as to induce them voluntarily to become friends, or else they must be held by absolute military power, or devastated so as to prevent them from ever again doing harm as enemies, which last named policy is abhorrent to humanity and freedom.

"The Const.i.tution of the United States provides for const.i.tutional communities only as States, and not as territories, dependencies, provinces, or protectorates.

"* * * Therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the insurrection which heretofore existed in the States of Georgia, South Carolina, North Carolina, Virginia, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida is at an end, and henceforth to be so regarded."

CIVIL RIGHTS BILL.

AS ADOPTED BY CONGRESS, MARCH, 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, ordinance, regulation, or custom to the contrary notwithstanding.

-- 2. 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 deemed 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 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 in any State court against any such person, for any cause whatsoever, civil or military, or any other person, any arrest or imprisonment, trespa.s.ses, 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 Const.i.tution 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 Const.i.tution, 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 inst.i.tute 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 const.i.tutional 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 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 satisfactory 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 authorized 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. 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 this act when to them directed, and should any marshal or deputy marshal refuse to receive such warrant or other 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 better to enable the said Commissioners to execute their duties faithfully and efficiently, in conformity with the Const.i.tution 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, 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 person so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders of a _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 the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Const.i.tution 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.

-- 7. That any person who shall knowingly and wrongfully 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 a.s.sisting 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 a.s.sisting, as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet or a.s.sist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other persons legally authorized, as aforesaid, or shall harbor or conceal any person for whom a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice of 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 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.

-- 8. That 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 ent.i.tled 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 ent.i.tled 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 food and lodgings 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 court of justice, within the proper district or county, as near as practicable, and paid out of the Treasury of the United States, on the certificate 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.

-- 9. That 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 the 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.

-- 10. That it shall be lawful for the President of the United States, or such persons 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.

-- 11. 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.

FREEDMEN'S BUREAU BILL,

AS AMENDED AND APPROVED BY THE x.x.xIXTH CONGRESS.

An act to continue in force and to amend "An act to establish a Bureau for the Relief of Freedmen and Refugees," and for other purposes.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled_, That the act to establish a Bureau for the Relief of Freedmen and Refugees, approved March third, eighteen hundred and sixty-five, shall continue in force for the term of two years from and after the pa.s.sage of this act.

-- 2. _And be it further enacted_, That the supervision and care of said bureau shall extend to all loyal refugees and freedmen, so far as the same shall be necessary to enable them as speedily as practicable to become self-supporting citizens of the United States, and to aid them in making the freedom conferred by proclamation of the commander-in-chief, by emanc.i.p.ation under the laws of States, and by const.i.tutional amendment, available to them and beneficial to the republic.

-- 3. _And be it further enacted_, That the President shall, by and with the advice and consent of the Senate, appoint two a.s.sistant commissioners in addition to those authorized by the act to which this is an amendment, who shall give like bonds and receive the same annual salary provided in said act, and each of the a.s.sistant commissioners of the bureau shall have charge of one district containing such refugees or freedmen, to be a.s.signed him by the Commissioner, with the approval of the President. And the Commissioner shall, under the direction of the President, and so far as the same shall be, in his judgment, necessary for the efficient and economical administration of the affairs of the bureau, appoint such agents, clerks, and a.s.sistants as maybe required for the proper conduct of the bureau. Military officers or enlisted men may be detailed for service and a.s.signed to duty under this act; and the President may, if in his judgment safe and judicious so to do, detail from the army all the officers and agents of this bureau; but no officer so a.s.signed shall have increase of pay or allowances. Each agent or clerk, not heretofore authorized by law, not being a military officer, shall have an annual salary of not less than five hundred dollars, nor more than twelve hundred dollars, according to the service required of him. And it shall be the duty of the Commissioner, when it can be done consistently with public interest, to appoint, as a.s.sistant commissioners, agents, and clerks, such men as have proved their loyalty by faithful service in the armies of the Union during the rebellion. And all persons appointed to service under this act and the act to which this is an amendment shall be so far deemed in the military service of the United States as to be under the military jurisdiction, and ent.i.tled to the military protection of the government while in discharge of the duties of their office.

-- 4. _And be it further enacted_, That officers of the Veteran Reserve Corps or of the volunteer service, now on duty in the Freedmen's Bureau as a.s.sistant commissioners, agents, medical officers, or in other capacities, whose regiments or corps have been or may hereafter be mustered out of service, may be retained upon such duty as officers of said bureau, with the same compensation as is now provided by law for their respective grades; and the Secretary of War shall have power to fill vacancies until other officers can be detailed in their places without detriment to the public service.

-- 5. _And be it further enacted_, That the second section of the act to which this is an amendment shall be deemed to authorize the Secretary of War to issue such medical stores or other supplies and transportation, and afford such medical or other aid as may be needful for the purpose named in said section: _Provided_, That no person shall be deemed "dest.i.tute," "suffering," or "dependent upon the government for support," within the meaning of this act, who is able to find employment, and could, by proper industry and exertion, avoid such dest.i.tution, suffering, or dependence.

-- 6. Whereas, by the provisions of an act approved February sixth, eighteen hundred and sixty-three, ent.i.tled "An act to amend an act ent.i.tled 'An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,' approved June seventh, eighteen hundred and sixty-two," certain lands in the parishes of Saint Helena and Saint Luke, South Carolina, were bid in by the United States at public tax sales, and by the limitation of said act the time of redemption of said lands has expired; and whereas, in accordance with instructions issued by President Lincoln on the sixteenth day of September, eighteen hundred and sixty-three, to the United States direct tax commissioners for South Carolina, certain lands bid in by the United States in the parish of Saint Helena, in said State, were in part sold by the said tax commissioners to "heads of families of the African race," in parcels of not more than twenty acres to each purchaser; and whereas, under the said instructions, the said tax commissioners did also set apart as "school farms" certain parcels of land in said parish, numbered on their plats from one to thirty-three, inclusive, making an aggregate of six thousand acres, more or less: _Therefore, be it further enacted_, That the sales made to "heads of families of the African race," under the instructions of President Lincoln to the United States direct tax commissioners for South Carolina, of date of September sixteenth, eighteen hundred and sixty-three, are hereby confirmed and established; and all leases which have been made to such "heads of families," by said direct tax commissioners, shall be changed into certificates of sale in all cases wherein the lease provides for such subst.i.tution; and all the lands now remaining unsold, which come within the same designation, being eight thousand acres, more or less, shall be disposed of according to said instructions.

-- 7. _And be it further enacted_, That all other lands bid in by the United States at tax sales, being thirty-eight thousand acres, more or less, and now in the hands of the said tax commissioners as the property of the United States, in the parishes of Saint Helena and Saint Luke, excepting the "school farms," as specified in the preceding section, and so much as may be necessary for military and naval purposes at Hilton Head, Bay Point, and Land's End, and excepting also the city of Port Royal, on Saint Helena island, and the town of Beaufort, shall be disposed of in parcels of twenty acres, at one dollar and fifty cents per acre, to such persons, and to such only, as have acquired and are now occupying lands under and agreeably to the provisions of General Sherman's special field order, dated at Savannah, Georgia, January sixteenth, eighteen hundred and sixty-five, and the remaining lands, if any, shall be disposed of in like manner to such persons as had acquired lands agreeably to the said order of General Sherman, but who have been dispossessed by the restoration of the same to former owners: _Provided_, That the lands sold in compliance with the provisions of this and the preceding section shall not be alienated by their purchasers within six years from and after the pa.s.sage of this act.

-- 8. _And be it farther enacted_, That the "school farms" in the parish of Saint Helena, South Carolina, shall be sold, subject to any leases of the same, by the said tax commissioners, at public auction, on or before the first day of January, eighteen hundred and sixty-seven, at not less than ten dollars per acre; and the lots in the city of Port Royal, as laid down by the said tax commissioners, and the lots and houses in the town of Beaufort, which are still held in like manner, shall be sold at public auction; and the proceeds of said sales, after paying expenses of the surveys and sales, shall be invested in United States bonds, the interest of which shall be appropriated, under the direction of the Commissioner, to the support of schools, without distinction of color or race, on the islands in the parishes of Saint Helena and Saint Luke.

-- 9. _And be it further enacted_, That the a.s.sistant commissioners for South Carolina and Georgia are hereby authorized to examine all claims to lands in their respective States which are claimed under the provisions of General Sherman's special field order, and to give each person having a valid claim a warrant upon the direct tax commissioners for South Carolina for twenty acres of land, and the said direct tax commissioners shall issue to every person, or to his or her heirs, but in no case to any a.s.signs, presenting such warrant, a lease of twenty acres of land, as provided for in section 7, for the term of six years; but at any time thereafter, upon the payment of a sum not exceeding one dollar and fifty cents per acre, the person holding such lease shall be ent.i.tled to a certificate of sale of said tract of twenty acres from the direct tax commissioner or such officer as may be authorized to issue the same; but no warrant shall be held valid longer than two years after the issue of the same.

-- 10. _And be it further enacted_, That the direct tax commissioners for South Carolina are hereby authorized and required at the earliest day practicable to survey the lands designated in section 7 into lots of twenty acres each, with proper metes and bounds distinctly marked, so that the several tracts shall be convenient in form, and as near as practicable have an average of fertility and woodland; and the expense of such surveys shall be paid from the proceeds of the sales of said lands, or, if sooner required, out of any moneys received for other lands on these islands, sold by the United States for taxes, and now in the hands of the direct tax commissioners.

-- 11. _And be it further enacted_, That restoration of lands occupied by freedmen under General Sherman's field order, dated at Savannah, Georgia, January sixteenth, eighteen hundred and sixty-five, shall not be made until after the crops of the present year shall have been gathered by the occupants of said lands, nor until a fair compensation shall have been made to them by the former owners of such lands or their legal representatives for all improvements or betterments erected or constructed thereon, and after due notice of the same being done shall have been given by the a.s.sistant commissioner.

-- 12. _And be it further enacted_, That the Commissioner shall have power to seize, hold, use, lease, or sell all buildings and tenements, and any lands appertaining to the same, or otherwise, formerly held under color of t.i.tle by the late so-called Confederate States, and not heretofore disposed of by the United States, and any buildings or lands held in trust for the same by any person or persons, and to use the same or appropriate the proceeds derived therefrom to the education of the freed people; and whenever the bureau shall cease to exist, such of said so-called Confederate States as shall have made provision for the education of their citizens without distinction of color shall receive the sum remaining unexpended of such sales or rentals, which shall be distributed among said States for educational purposes in proportion to their population.

-- 13. _And be it further enacted_, That the Commissioner of this bureau shall at all times co-operate with private benevolent a.s.sociations of citizens in aid of freedmen, and with agents and teachers, duly accredited and appointed by them, and shall hire or provide by lease buildings for purposes of education whenever such a.s.sociations shall, without cost to the government, provide suitable teachers and means of instructions; and he shall furnish such protection as may be required for the safe conduct of such schools.

-- 14. _And be it further enacted_, That in every State or district where the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully restored, and in every State or district whose const.i.tutional relations to the government have been practically discontinued by the rebellion, and until such State shall have been restored in such relations, and shall be duly represented in the Congress of the United States, the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the acquisition, enjoyment, and disposition of estate, real and personal, including the const.i.tutional right to bear arms, shall be secured to and enjoyed by all the citizens of such State or district without respect to race or color, or previous condition of slavery. And whenever in either of said States or districts the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully restored, and until such State shall have been restored in its const.i.tutional relations to the government, and shall be duly represented in the Congress of the United States, the President shall, through the Commissioner and the officers of the bureau, and under such rules and regulations as the President, through the Secretary of War, shall prescribe, extend military protection and have military jurisdiction over all cases and questions concerning the free enjoyment of such immunities and rights, and no penalty or punishment for any violation of law shall be imposed or permitted because of race or color, or previous condition of slavery, other or greater than the penalty or punishment to which white persons may be liable by law for the like offence. But the jurisdiction conferred by this section upon the officers of the bureau shall not exist in any State where the ordinary course of judicial proceedings has not been interrupted by the rebellion, and shall cease in every State when the courts of the State and of the United States are not disturbed in the peaceable course of justice, and after such State shall be fully restored in its const.i.tutional relations to the government, and shall be duly represented in the Congress of the United States.

-- 15. _And be it further enacted_, That all officers, agents, and employes of this bureau, before entering upon the duties of their office, shall take the oath prescribed in the first section of the act to which this is an amendment; and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

SCHUYLER COLFAX,

_Speaker of the House of Representatives_.