The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-04-24

CHAfILES j
therance of the object of such conspiracy,
whereby any person shall be injured in his per-
son or property, or deprived of having and ex.
ercising any right or privilege Of a citizen Of
the United States, the person so injured or de-
prired of such r,ghts and privileges may have
and maintain IN action for the recovery Of
damages occasioned by such injury or depriVa-
ton OF rights and privileges against any one or
more orthe persons engaged in such conspira-
cy, such action to be prosecuted 10 the proper
District or Circuit Court Of the United STATES,
with and subject to the same rights oil appeeiif
review upon error, and other remedies proVid-
ed in like cases in such courts under The pro:
visions of the act of April 9th, 1866, entitled
san act to protect all persons In the United
States in their civil rights, and to furnish. the
means of their vindication.
SEC. s: That in all cases where insurrectto4.
domestic violence, unlawful combinations, or
conspiracies In any State, shall so obstruct OF
hinder the execution OF the avs Thereon, ana
| OF the United States, as to deprive any portion
or class OF the people Of such State OF any OF
the rights, privileges or lmmunities, or pfotec-
ton named in the constitution and secured. py
this act, and the constituted authorities OF
such State shall either be unable 10 protect, or
shall, from any canse, fail in or refuse protec-
ton of the people In such rights, such. iaqts
4 SQall UH utELuEu q uculdl uS ottS StoeS ~
| equal protection of the laws TO which they are
| entitled under the Constitution OF the United
States; and in all such cases, or whenever any
4 scuh instruction, violence, uniaWlul cOmOl-
nation, or conspiracy, shall oppose or o6struct
| the laws of the United States, or the due ex:
| ecutlon thereof, or impede OF oostruct tne due
| course OF Justice under the same, II snal Dc
lawful for the President, and 1t shall be MS
| duty, to- take such measures, by the employ.
ment of the militia or the land and naval
| forces of the United States, or Oh elmer, or Dy
other means, as lie may deem necessary for
the SUPPRESSION of such Instruction, domestic
violence or combinations; and any person VINO
shall be arrested under the provisions OF this
and the preceding sections, shall be delivered
to the marshal Of the proper district, to be
dealt with according to aw.
Sec. 4. That whenever, in any State OF: part
of u State, the unlawful combinations named
iu the preceding section OF this act shall be
organized and armed, and so numerous and
powerful as to be able, by violence, TO either
overthrow or set. at. defiance the consslcofa
authorities of such State, and OF the Unffed
States, within such State, or when the consti-
tuted authorities are in completely with, or
shall conniye at the unlawful purposes OF SUCH
powerful and armed combinations. and when
ever, by reason of either or all OF the causes
aforesaid, the conviction of such. offenders,
and the preservation of the public safety shall
become, In such. District, impractlcable,, In
every such case such combinations Shall be
deemed a rebellion against the Government
of the United States, and during the con-
~tinuance OF such rebellion, aud within tho
limits of the district which shall be SO under
the sway thereof, such limits to be pre-
scribed by proclamation. 1t shall be lawful
for the President of the United States, When,.
in his judgment, the public safety shall require.
il, to suspend the privileges OF the writ OF
habeas corpus, to the end that such rebellion
may be overlhrown Provided, That all the
provisions Of The second section vi an act en-
Titled IAN act relating TO- habeaS corpus, and
regulating Judicial proceedings in CERTAIN
cases. - approved March 3, 1853, which relate
TO the discharge Of prisoners, other than prls-
oners OF war, and to the penalty Tor refusing 10
obey the order of court, shall be in full force
so far as the same are applicable to The pro.
visions Of this section: Provided further, That
the President shall first have made proclana-
ton, US now provided by law, commanding
such insurgents TO disperse: And provided,
also, That the provisions OF this section shall
not be In force after the end OF the next reSu-
lar session OF Congress.
SEC. S. That no person shall be 8 grand or
petit Juror many court of the United States,
upon any inquiry, hearing or trial of any-ssit
proceeding or. prosecution, based upon or afH-
ing under the provisions OF this act, who shall.
In Ihe Judgment ofIhe court, be In completely
with any such combination or conspiracy, and
every such Juror shall. before entering upon any
such inquiry. hearing or trial take and sub
scribe an oath IN open court that he has never,
directly OF indirectly. counseiled, or ad-
vised voluntarily aided any such combinat-
on or conspiracy. and each. and every
person who shall take this oath, and
Shall therein swear falsely, shall be gull
ty OF perjury, and shall be subject to The
pains and penalties declared against th2t
crime, and the first seclioi.of the act ,entlllsd
.'An act defining additional causes ofchallenEe
and prescribing an additional oath for grand
and petit Jurors in the United States courts,
approved June seventeenth, eighteen hundred
and slxtytwo, be, and the same Is hereby re-
pealed. 90.
:'Stc. 6. That If any person or persons. having
knowledge that any Of the wrongs conspired
10 be done, and mentioned In the second. sec
ton Of this act. are. about TO be committee,
and, having power to prevent, or aid III pre-
venting the same, shall neglect or refuse 50 10
do, and such wrongful act shall be committed,
such person or persons shall be liable 10 tne
person injured, or his legal representatives,
for all damages caused by any such wrongful
act, which such Drat named person or persons,
by reasonable diligence, could have prevented;
and such damages may be recovered IN an &C.
ton on the case In the proper Circuit Court OF
The United states, and any number OF persons
guilty of such wrongful neglect or refusal, may
US IUIQGu uS uClcuNouio IL cuSiA uN'iShf HtSy
viied that such action shall be commenced
within one year after such cause Of action
person shall be caused BY any such wrongful
act and neglect, the legal representatives of
such deceased person shall have such action
therefor, and may recover not exceeding tive
dollars damages therein, for the
benefit OF the widow of such deceased person,
ii any there be, or, If there be no widow, Tor
the benefit Of The next OF kin of such deceased
person. =,
SEC. Z. That nothing herein contained shall
be- construed to supersede or repeal any for
mer ucl or law, except SO far as the same may
be %rtpugnant thereto; and any offences here
tofore committed against the tenor OF any Tor
nder act shall be prosecuted, and any proceed
ing already commenced for the prosecution
thereof, shall be continued and completed, the
same as If this act had not been passed, ex-
cepL so far as the provisions OF this &C: may 20
to sustain and validate such proceedings.
THE GREAT CREViSSE.