[PAGE 12: EXHIBIT C: THE JURISDICTIONAL MANDATE

EXHIBIT C: THE JURISDICTIONAL MANDATE

THE JURISDICTIONAL UNDERSCORE: Amicus underscores that the 1861-62 Confiscation Acts and the Emancipation Proclamation placed the

liberated under the direct jurisdiction of the Commander-in-Chief. Sections 8 and 9 of the 1866 Act codified this military jurisdiction, making the protection of

the Beneficiaries a non-discretionary duty.

I. THE STATUTORY TEXT: THE CIVIL RIGHTS ACT OF April 9, 1866

SECTION 1: Be it enacted… 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… shall have the same right… to full and equal benefit of all laws and proceedings for the

security of person and property, as is enjoyed by white citizens…

SECTION 2: And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject… any inhabitant of

any State or Territory to the deprivation of any right secured or protected by this act… 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.

SECTION 4: And be it further enacted… that district attorneys, marshals, and deputy marshals of the United States… are hereby 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, for trial…

SECTION 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… and should any marshal or deputy marshal refuse to receive such warrant or other process, or fail to use all proper

means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars.

SECTION 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.

II. THE JURISDICTIONAL UNDERSCORE

Amicus underscores that the 1866 Act is the legislative culmination of a military trajectory beginning in 1861:

1. THE CONFISCATION ACTS (1861-1862): By the Acts of August 6, 1861, and July 17, 1862, Congress established that persons used in aid of the rebellion

   or escaping to Union lines were “forever free.” Crucially, these Acts placed the liberated under the direct jurisdiction and protection of the Union

   Army. They were “captives of war” turned into “freedmen” under the exclusive authority of the Commander-in-Chief, removing them from the reach of state

   slave codes and “repressive omissions” of local law.

2. THE EMANCIPATION PROCLAMATION (1863): President Lincoln, utilizing his war powers, declared that the Executive government, including the

   military and naval authorities, “will recognize and maintain the freedom of said persons.” This was not a civilian social policy; it was a military

   order.

3. THE CODIFICATION OF MILITARY PROTECTION (1866): The 39th Congress refused to return this class to the “discretion” of local or civilian

   neglect. By placing the Freedmen’s Bureau under the War Department and enacting Section 9 of the 1866 Act, Congress codified the “Military

   Protection” of the liberated.

4. THE MANDATORY DUTY: Sections 4 and 5 of the 1866 Act prove that the enforcement of this status is non-discretionary. By imposing a $1,000 fine

   on federal officers for a “failure to perform the duties,” Congress established that the Federal Government has no legal authority to remain silent

   or inactive. The President, as Commander-in-Chief, is commanded by the 1866 Act to use the “Sword of the Nation” to ensure that the citizenship of the

   Beneficiaries are not merely recognized, but maintained.