AN ACT To amend an act entitled "An Act for Authenticating Certain Records," approved February twenty-second, eighteen hundred and forty-nine. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the first section of the act entitled "An Act for authenticating certain records," approved February twenty-second, eighteen hundred and forty-nine, be and the same is hereby amended so as to read as follows: SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it may and shall be lawful for the keepers or persons having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of one of the heads of the departments, the Solicitor of the Treasury, or the Commissioner of the General Land Office, to authenticate the same under his hand and seal, and certify the same to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents; and when the same shall be certified by an American Minister or Consul under his hand and seal of office, or by a Judge of one of the United States courts under his hand and seal, to be true copies of the originals, the same shall be sealed up by him and returned to the Solicitor of the Treasury, who shall file the same in his office, and cause it to be recorded in a book to be kept for that purpose. A copy of said laws, judgments, orders, decrees, journals, correspondence, or other public documents, so filed, or of the same so recorded in said book, may be read in evidence in all courts where the title to land claimed by or under the United States may come into question, equally with the originals thereof. Approved March 2, 1849. DONATION OF SWAMP LANDS TO LOUISIANA. AN ACT To aid the State of Louisiana in Draining the Swamp Lands therein. (SECTION 1.) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, to aid the State of Louisiana in constructing the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands, which may be or are found unfit for cultivation, shall be, and the same are hereby granted to that State. SEC. 2. And be it further enacted, That as soon as the Secretery of the Treasury shall be advised, by the Governor of Louisiana, that the State has made the necessary preparation to defray the expenses thereof, he shall cause a personal examination to be made, under the direction of the Surveyor General thereof, by experienced and faithful deputies, of all the swamp lands therein which are subject to overflow and unfit for cultivation; and a list of the same to be made out, and certified by the deputies and Surveyor General, to the Secretary of the Treasury, who shall approve the same, so far as they are not claimed or held by individuals; and on that approval, the fee simple to said lands shall vest in the said State of Louisiana, subject to the disposal of the Legislature thereof; provided, however, that the proceeds of said lands shall be applied exclusively, as far as necessary, to the construction of the levees and drains aforesaid. SEC. 3. And be it further enacted, That in making out a list of these swamp lands, subject to overflow and unfit for cultivation, all legal subdivisions, the greater part of which is of that character, shall be included in said list; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom; provided, however, that the provisions of this act shall not apply to any lands fronting on rivers, creeks, bayous, water courses, &c., which have been surveyed into lots or tracts under the acts of third March, eighteen hundred and eleven, and twenty-fourth May, eighteen hundred and twenty-four. And provided further, that the United States shall in no manner be held liable for any expense incurred in selecting these lands and making out the lists thereof, or for making any surveys that may be required to carry out the provisions of this act. Approved March 2, 1849. AN ACT To enable the State of Arkansas, and other States, to reclaim the Swamp Lands within their limits. (SECTION 1.) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That to enable the State of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be and the same are hereby granted to said State. SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the Governor of the State of Arkansas; and at the request of said Governor cause a patent to be issued to the State therefor; and on that patent, the fee simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the Legislature thereof; provided, however, that the proceeds of said lands, whether from sale or by direct appropriation, in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid. SEC. 3. And be it further enacted, That in making out a list and plats of the land aforesaid, all legal subdivisions, the greater part of which is "wet and unfit for cultivation," shall be included in said ist and plats; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom. SEC. 4. And be it further enacted, That the provisions of this act be extended to and their benefits be conferred upon each of the other States of the Union in which such swamp and overflowed lands, known and designated as aforesaid, may be situated. Approved September 28, 1850. CIVIL RIGHTS ACT. April 9, 1866. Who are citi zens of the United States. Their rights and obliga tions. AN ACT To protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That 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; 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 give evidence, to inherit, purchase, lease, sell, hold and convey real and personal 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, 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. priving any per protected by son of color or SEC. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall Penalty for desubject, or cause to be subjected, any inhabitant of any State or son of any right Territory to the deprivation of any right secured or protected by this act, by reathis act, or to different punishment, pains or penalties on account of race, etc. 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. United States to have jurisdic tion of offenses under this act. Suits comremoved on de menced in State courts may be fendant's motion. 1865, ch. 90. SEC. 3. And be it further enacted, That the District Courts of the United States, within their respective districts, shall have, exclu- Courts of the sively of the courts of the several States, cognizance of all crimes and offenses 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 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 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 Vol. xiii, p. 507. 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 1863, ch. 87. three, eighteen hundred and sixty-three, and all acts amendatory be enforced ac The jurisdiction in civil and criminal matters hereby con- laws of the ferred 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 offenses against law, the common law, as modified and changed by the Constitution and statutes of the State wherein the thereof. Vol. xii, p. 735. cording to the United States, Officers to whom the enforcement of this act is com stitute p.oceedings. the law 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. SEC. 4. And be it further enacted, That the District Attorneys, Marshals, and Deputy Marshals of the United States, the Commissioners appointed by the Circuit and Territorial Courts of the United mit ed, to iu States, with powers 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 court of the United States or Territorial Court as by this act has cognizance of the offense. And with a view to Equality before affording reasonable protection to all persons in their constitutional Notes 2, 5, 8, 39, 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 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 and required to exercise and discharge all the Duties of com powers and duties conferred on them by this act, and the same duties with regard to offenses created by this act, as they are authorized by law to exercise with regard to other offenses against the laws of the United States. missioners. Marshal's duties, under penalties. Commissioners may appoint persons to execute writs. SEC. 5. And be it further enacted, 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 offense. And the better to enable the said Commissioners to execute their duties |