Mr. TRUMBULL. I move that. the Senate now proceed to the consideration of Senate bill No. 61, to protect all persons in the U.S. in their civil rights, and furnish the means of their vindication. I will state that in calling up this bill it is not my iiggntion to ress it to a vote or to any definite a mu upon it further than to have the amendments reported hy the ComJudiciary, which are entirely of a verbal character, acted upon, and then shall be willing that the bill be postponed to a future day. I should like to have the bill read, and those amendments which are entirely verbal disposed of, and then let the bill be postponed. Temotion was agreed to; and the Senate, as in ComWhole, proceeded to, consider the bill. It declares that there shall be no discrimination in civil rights or immunities among the inhabitants of any State or ferritor of the U.S. on account of race, color, or previous condition of slavery; but the inhabitants of eveg race and color, without regard to any previo condition of slavery or involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall have the same right to make and enforce contracts. 7tosue, be arties and give evidence, to inherit, purchase. ease, sell, hol, and convey real and personal property, an to full and equal benefit of all laws and proceedings for the security of person and property, an shall be subject to like punishment, pains, and penal tics, and to none other, any law, statute, ordinance. regulation, or custom, to the contrary notwithstanding. Any person who under cover of any law. statute, or inunce, 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 the 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 unisliment for crime whereof the party shal have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, is to be deemedpguilty of a misdemeanor, and on conviction to be punished by a fine not exceeding $1,000, or imprisonment not exceeding one year, or both, in the discretion of the court. The district courtsof the U.S., within their respective districts, are to have, exclusively of the courts of the SCVGtillStates, cognizance of all crimes and offenses committed against the provisions of the act, and also, concurrently with the circuit courts of the U.S., of nll causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or lo cality where they may be any of the rights secured to them by the act; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any such person, or against any officer, civil or Military, or other person, for any arrest or imprisonment, trcspasses, or wrongs done or committed, by virtue or under color of authority derived from this act, or the act to “ enlarge the powers of the Freedmens Bureau, ” such defendant is to 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 Indianscorpus and regulating judicial proceedings in certain cases, ” approved March 3, 1803. The jurisdiction in civi and criminal matters hereby conferred on the district and circuit courts of the U.S. is to be exercised and enforced in conformity with the laws of the U.S., so far as such laws are suitable to carry it 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 offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the causc, civil or criminal, is held, so far as the same is not inconsistent with the constitution and laws of the U.S shall be extended to and govern these courts in the trial and disposition of such cause, and if of a criminal na ture, in the infliction of punishment on the party found guilty., The district attorneys, marshals, and deputy marshals of the U.S., the commissioners appointed by the circuit and territorial courts of the U.S., with powers of ar resting, imprisoning, orbailing offenders against the laws of the U.S., the officers and agents of the Freedmens Bureau, and every other officer who may be specially empowered by the POTUS, are by the act specially authorized and required. at the expense of the U.S., to institute proceedings against all and every person who shall violate its provisions, and cause him or them to be arreste and imprisoned, or bailed, as the case may be, for trial before such court of the U.S or territorial court as by the act has cognizance of the offense. With a view to affording reasonable protection to all persons in their constitution u 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 to the prompt discharge of the duties of the act, it is to be the duty of the circuit courts of the U.S and the superior courts of the Territories of the U.S., 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 the act. 1 030 commissioners shall have concurrent jurisdiction with the judges of the circuit and district courts of the U.S and the judges of the superior courts of the lerritories. 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 the act, and on examination to discharge, admit to bail, or commit them for trial, as the facts may warrant. ltis tobe the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of the act, when to them directed: and should any marshal or deputy marshal refuse to receive such war rant or other process when tendered, or to use all propermeans diligently to execute the some, he is on conviction to be lined in the sum of $1,000, to the use of the person upon whom the accused is alleged to have committed the offense. on the motion of such person. by the circuit or district court for the district of such marshal and the better to fnnlile the commissioners to exccute their duties faithfully and efficiently. in conformity with the Constitution of the U.S and the requirements of the act, they are empowered, Within their counties, respectively, to appoint in writin, under their hands, anyone or more suitabfe persons, from time to time, to execute all such warrants and other process as may beissued by them in the lawful performance of theirrespective duties; and the persons so appointed to execute any warrant or process are to have authority to summon an call to their aid the bystanders or purse comifalus of the proper county or such portion of the land or naval forces of the U.S., 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 slavery, in conformity with the provisions of the act; and these war rants are to run and be executed by those officers anywhere in the State within which they are issued. Any person who shall knowingly and wilfully obstruct, hinder, or prevent any officer or other person charged with the execution of any such warrant or process, or any persop or persons lawfully assisting him or them, from arresting any person for whose apprehension such war rant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person orpersons, or those lawfully assisting, when so or rested pursuant to the authority herein given, or shallJ aid, abet, or assist any person so an rested, directly or indirectly, to escape from the custody of the Officer or other person legally authorized or shall harbor or conceal any perspn for whose arrest a warrant or shal have been issued, so as to prevent pirisoedeisss covery and arrest, after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, is, for either of these offenses. to be subject to a fine not exceeding $1,000, and imprisonment not exceeding 6 months, by indictment and conviction in the district court of the U.S. in which the offense may have been committed, or before the proier edtirt of criminal jurisdiction if committed within anyone of the organized Territoriesofuhc U.S.; and in case of the escape of the person for whose arrest such warrant or process was issued, is moreover to forfeit and pay, by way of civil damages, to the party claiming to have been grieved by this act, the sum of $1,000, to be recovered by action of debt, in any of the courts within whose jurisdiction the offense may have been committed. The district attorneys, the marshals, their deputies and the clerks of the district and territorial courts, areto be paid for their services the like fees as may he allowed to. them for similar services in other cases; and where the proceedings are before a commisuoa he is to be entitled to a fee often dollars in full for his services in each case, inclusive of all services incident to the arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of otIenders against! the provisions of the act are to be entitled to a fee of 5 dollars for each person he or they may arrest and take before the commissioner, with such other fees as may be deemed reasonable by the commissioner for such other additional services as may be necessarily performed by him or them. such as attending to the examination, keeping the prisoner in cus tody, and providing him with lood and lodging during his detention, and until the final determination of the 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 properdistrict or county, as near as may be practicable, and paid out of the Treasury of the U.S., on the ccrtiticatcof 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. Whenever the POTUS shall have reason to believe that offenses have been or are likely to be committed against the revisions of the act within any judicial district, 6 may, in his discretion, direct the judge, marshal, and district attorney, of the 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 the act; an 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 and the POTUS, or such person as he may empower for that purpose, is to have authority to emplo such part of the land or naval forces of the U.S., or of the militia, as shall be necessary, to prevent the violation and enforce the due execution of the act. The 1st amendment of the ComJudiciary was in section 2, line 2, to strike out the word “ cover" and to insert the word “color.” The amepdment was agreed to. The next amendment was in section 3, line 33, alter the word “cause” to insert the word “ and ” The amendment was agreed to. The next amendment was in section 6, line ten, after the word “ offense” to strike out the words, “on the motion of such person, by the circuit or district court for the district of such marshal.” The amendment was agreed to. Thenext amendment was in section 6, line 30, after the word “State” to insert the words “or Territory. ”. The amendment was agreed to. The next amendment was in section 7, line 18, alter the word “person” to insert the word “shall.” The amendment was agreed to. The next amendment was in section 7, line 22, after the word “ States ” to insert. the words “ for the district.” The amendment was agreed to. The next amendment was in section 8, line 6, to strike out the word “commission” and insert the word “ commissioner.” The amendment was agreed to.