New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-22

force, intimidation or threat to prevent any
citizen of the United States. lawfully entitled
to vote, from giving his support or advocacy
in lawful manner toward Or in favor of the
election of any lawfully qualified person as
an electOr OF President or Vice President OF
the United States, or as member of the
Congress Of the United States. or to
injure any such citizen in his person OF
property on account Of such support or adj
vocacy. each and every person SO offending
shall be deemed guilty Of high crime. and
upon conviction thereof in any district OF
circuit court of the United States OF
district or supreme court of any Territory
OF the United States having jurisdiction OF
similar offenses. shall be punished by fine
not less than Five hundred nor more than
five thousand dollars, or by imprisonment.
with or without hard labor. as the court
may determine for period of not less
than six months nor more Than six years,
as the court may determine or by both such
fine and imprisonment as the court shall
determine. And if any one or more
persons engaged in any such conspiracy
shall do, or cause to be done. any
act in furtherance of the object of such con-
spiracy. whereby any person shall be in
jnred in his person or property. or deprived
of having and exercising any right or privi-
lege of citizen of the United States the
person so injured or deprived OF such rights
and privileges may have and maintain an
action for the recovery of damages Occa-
stoned by such injury or deprivation Of
rights and privileges, against any one or
more OF the persons engaged in such con-
spiracy. such action to be prosecuted in the
proper district or circuit court OF the United
States. with and subject to the same rights
OF appeal, review upon error and other
remedies provided in like cases. in such
,v,$1 LI1n 80. -
April ninth, eighteen hundredand sixty-six,
entitled IAN act to protect all persons in
the United States in their civil rights. and
to furnish the means Of their vindication.''
SEC. 3. That in all cases where insurrec-
ton, domestic violence unlawful combina-
tons or cOnspiracies in any State shall 50
obstruct or hinder the execution OF the laws
thereof and of the United States as to de-
prive any portion or class Of the people
OF such State OF any Of tie rights,
privileges or .immunities or protection
named in the constitution and Sc
cured by this act. and the constituted
authorities of such State shall either be I'M
able to protect, or shall from any cause fail
in or refuse protection Of the people in such
rights. such facts shall he deemed denial
by such State of the equal protection of the
laws. to which they are entitled under the
constitution If the United States: and in all
such cases. or whenever any such insurrec-
ton. violence, unlawful combination or con-
spiracy shall oppose or Obstruct the laws of
the United States. or the due execution there
OF, or impede or obstruct the due course of
justice under the same. it shall be lawful
for the President, and it shall be his duty,
to take such measures. by the EMPLOYMENT
OF the militia, or the land and nava! forces of
the United States, or Of either. or by other
means. as he may deem necessary. for the
suppression OF such Instruction domestic
violence or combinations: and any person
who shall be arrested under the provisions
of this and the preceding section. shall be
delivered to the marshal of the proper dis
trict. to be dealt with according to law
SEC. 4. That whenever in any State or
part Of State, the unlawful com5ina-
tons. named in the preceding section of this
act. shall be organized and armed. and so
and powerful as to be able by
violence to either overthrow or set at def
ance the constituted authorities of such
State and of the United States, within such
State, or when the constituted authorities
are In completely with, or shall cOnnive at
the unlawful purposes of such powerful and
armed combinations. and whenever by
reason Of either or all of the causes aforesaid
the conviction of such offenders and pre-
Of the public safety shall become
in such district impracticable. in every such
case such combinations shall be deemed re-
bellion against the government of the United
States. and during the continuance of such
rebellion. and within the limits OF the
district which shall he so under the sway
thereof. such limits to be prescribed by
it shall he lawful for the
President OF the United States. when in his
Judgment the public safety shall require it.
to suspend the privileges Of the writ of
habeas corpus, to the end that
such rebellion may be overthrow.
Provided. that all the provisions of the
second section OF an act entitled IAN act
relating to habeas corpus. and resulat-
ing judicial proceedings in certain cases"
approved March third, eighteen hundred
and sixty-threc. which relate to the
of prisoners other than prisoners
IF war. and to the penalty for refusing to
obey the order Of the court. shall he in full
orce so far as the same are applicable to
he provisions of this section. Provided
further. that the President shall first have
made proclamation, as now provided by
aw. commanding such insurgents to dis
Derse: and provided also. that the provi-
lions OF this section shall not be in force
after the end Of the next regular session Of
Congress.
SEC. ). That no person shall be a grand
n petit juror in any court of the United
'e"eS'' "Ie II ga AcOAiAS Va Ii IuA VI
my suit. proceeding or prosecution based
lpon or arising under the provisions of this
'ct. who shall, in the judgment of the court
We IN completely with any such combination
n conspiracy: and every such juror shall,
'efOre entering upon any such inquiry.
tearing. or trial, take and subscribe an oath
n open court that he has never. directly or
Indirectly, cOunseled, advised or voluntarily
lided any such combination or conspiracy;
~r-1, 11ov <.1,
his oath, and shall therein swear falsely,
hall be guilty OF perjury, and shall be sub
ect to the pains and penalties declared
gainst that crime. and the first section Of
he act entitled, IAN act defining additional
auses of challenge, and prescribing an adii-
ional oath for grand and petit jurors in the
.nited States courts" approved June
eventeenth, eighteen hundred and sixty |
VIC. be and the same is hereby repealed
SEC. 6. That any person or persons nav
n. knowledge that any Of the wrongs are
onsplrcd to be done, and mentioned in the
ecOnd section of this act, or are about to be
Committed, and having power to prevent or
i'll in preventing the same. shall neglect or
efuse SD to do, and such wrongful act Shall
re committed, such person or persons shall
re liable to the person injured. or his legal
representatives. for all damages caused BY
ny such wrongful act which such first
AIMED person or persons by reasonable
iligencs could have prevented. and such
amages may be recovered in an action on
he case in the proper circuit court Of the
'nited States, and any number Of
ersons guilty of such wrongful neg
endants in such action, provided that such
elton shall be commenced within one year
tter such cause OF action shall have az
rued: and if the death of any person shall
e caused by any such wrongful act and neg
ct, the legal representatives of such de.