Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1871-04-28

any PoASoh SHall VIC lHJufe Ill Ills pcloVn VI
property, or deprived Of having and exercis-
ing any right or privilege of citizen of the
United States, the person SO injured or de-
prived of such rights and privileges may
have and maintain an action for the rseov-
cry Of damages occasioned by such injury
or deprivation of rights and privileges
against any one or more Of the persons en-
gagged in such conspiracy, 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 courts under the provisions OF
the act Of April 9th, 1866, entitled can
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 so OBJ
struct 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 the rights, privileges,
or immunlties, or protection named in the
Constitution, and secured by this act and the
constituted authorities of suck State shall
either be unable to protect, or shall, from
any cause, fail in or refuse protection of the
people in sach rights, such facts shall be
deemed denial by such State of the equal
protection of the laws to which they are en-
titled under tbs Constitution OF the United
States and in all such cases, or whenever
any such insarrection, yiolence, unlawful
combination, or conspiracy, shall oppose or
obstruct the laws of the United States, or
the due execution thereof, or impede or OBJ
struct the due course of justice under the
same, it shall be lawful for the President,
and it shall be his duty, to take such mea-
sures, by the employment Of the militia or
the land and naval forces Of the United
States, or of either, or by other means, as
he may dceRl necessary for the suppression
Of such Instruction, domestic violence, or
combinations and any person who shall
be arrested under tho provisions of this and
the preceding section shall be delivered to
the marshal of the proper district to be
dealt with according to law
Sec. 4. That whenever in any State or
part OF a State the unlawful combinations
named in the preceding section of this aet
shall be organized and armed, and so nu.
nerous and powerful as to be able, by vio-
lence, to either overthrow or set at defiance
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 un-
lawful purposes Of such powerful and armed
combinations and whenever, by reason of
either or all of the causes aforesaid the con-
vlctlon of such Offenders and the preserva-
ten Of the public safety shall become in such
district lmpracticable, in every such case
such combinations shall be deemed a REBEL
ion against the Government Of the United
States, and during the continuance of such
rebellion, and within the limits of the dis
trict which shall be so under the sway there
OF, such limits to be prescribed by procla-
nation, it shall be lawful for the President
of the United States, when, in his judg-
rnent, the public safety shall require it, to
suspend the privileges of the wife of Aobeas
corpus, to the end that such rebellion may
be overthrow: Prouided, That all the pro-
visions Of the second section of an act en-
titled "An act relating to hobeas corpus,
and regulating judicial proceedings in Ger
tain cases." approved March third, eighteen
hundred and sixty three, which relate to
the discharge of prisoners other than pri-
sonsrs of war, and to the penalty for refus-
ing to obey the order of the court, shall be
in full force so far as the same are applica.
bic to the provisions Of this section Pro-
vidsd further, That the President shall first
have made proclamation, as now provided
by law, commanding such insurgents to d.
sperse : Ind provided also, That the pro-
visions OF this section shall not be in force
alter the end OF the next regular session of
Congress.
SEC. 5. That no person shall be grand
Or petit juror in any court of the United
States upon any inquiry, hearing, or trial
of any suit, proceeding, or prosecution based
upon Or arising under the provisions Of this
act who shall, in the judgment of the court.
be in completely with any such combination
OR conspiracy and every such juror shall,
before entering upon any such inquiry, hear
ing, Or trial, take and subscribe an oath in
open court that be has never, directly or
indirectly, couhselled, advised, or voluntarily
aided, any such combination or conspiracy;
and each and every person who shall take
this oath, and shall therein swear falsely,
shall be guilty of perjury, and shall be sub
ject to the pains and penalties declared
against that crime, and the first section Of
the act entitled can act defining additional
causes Of challenge and prescribing an ad-
ditional oath for grand and petit Jurors in
the United States courts approved June
18th, 1862, be and the same is hereby re-
pealed.
SEC. q. That any person or persons hay
ing knowledge that any of the wrongs con-
sldered to be done, and mentioned in the
second section of this act about to be COM
mitted, and having power to prevent or aid
in preventing the same, shall neglect OR re-
fuse so to do, and such wrongful act shall
be committed, such person or persons shall
be liable to the person injured, or his legal
representatives, for all damages caused by
any such wrongful act, which such first
named person or persons by reasonable dill
gence could have prevented and such dam
ages may be recovered in an action 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 be
joined as defendants, in such action, FRO
vided that such action shall be commenced
within one year after such cause of action
shall have accrued And if the death of
any person shall be caused by any wrong
full act and neglect, the legal representatives
of such deceased person shall have such ae-
tioa therefor, and may recover, not exceed
ing So, 600, damages therein for the benefit
Of the widow of such deceased person, fany
there be, or if there be widow then for
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