New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-15

1 iN0
| to vote, from giving his support or ad vocacy
| in . lawful manner toward or in favor of the
election of any lawfully qualified person az
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 or
property on account Of such support or adj
vpcacy, each and every person SO offending
shall be deemed guilty Of high crime, and
circuit court of the United States or
district or supreme court Of any Territory
OF the United States having Jurisdiction of
similar otfenses. shall be punished by fine
not less than Five hundred nor more than
Eve 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
hne and imprisonment as the court shall
determine. And If any one or mere
persons engaged in any such conspiracy
shall Go, OF cause to be done, any
act in furtherance Of the object of such con
splracy, whereby any person shall be in
jured in his person or property, or deprived
Of having and exercising any right or privi-
lege OF a citizen Of the United States, the
person so injured or deprived of such rights
and privileges may have and maintain an
=
stoned by such injury or deprivation of
rights AID privileges, against any one OF
more OF the persons engaged in such con-
splracy. such action to be prosecuted in TIE
proper district OF circuit court OF the United
States, with and subject to the same rights
OF appeal. review upon error ami other
remedies provided in like cases. in such
courts. under the provisions of the act of
April ninth, eighteen hundred and sixtv-six,
fO oil
the United States in their civil rights. and
to furnish the means of their viDdication'
SEC. ). That i'll all cases where insurrec-
ton, domestic violence. unlawful comb.na-
tons or conspiracies in any State shall SO
obstruct or hinder the execution Of the laws
thereof and of the United States as 10 de-
prive any portion or class Of the people
OF such State OF any OF .he rights,
privileges or iMmuni,ies or protection
named in tie constitution and Sc
cured by this act. and the constituted
authorities Of such State shall either he 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, 10 which they are entitled under the
constitution Of the United States; and in ali
such cases, OF whenever any such insrrrec-
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 he lawful
for the President, and it shall be his duty,
to take such measures. 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 deem necessary, Tor the
suppression OF such iLsurrectiou, domestic
violence or mbinations: and any person
who shall be arrested under the provisions
of this and the preceding section, shall he
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 a State. the unlawful combina-
tons named in 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 def
ance the constituted authorities OF such
State and of the United States. within such
State, or when the constituted authorities
are i'll completely with. or shall cOnniye at
the unlawful purposes Of such powerful and
armed combinations. and whenever by
reason ofei1her or all of the causes aforesaid
the conviction of such offenders and pre-
serya,ion of the public safety shall become
in such district impracticable. in every such
case such combinations shall be deemed a re-
hellion against the government of the United
States. and during the continuance of such
and within the limits of the |
district which shall be SO under the sway |
thereof. such limits to be prescribed by |
it 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 !
nss ren eG5pn to the o era THAT
Provided. tina. all the provisions of the
second section OF an act entitled IAN act |
relating to habeas corpus, and regulat-
ng judicial proceedings in certain cases."
March third. eighteen hundred |
and sixty-three, which relate to the
discharge of prisoners other than prisoners
If war, and 10 the penalty fer refusing to
hey the order of the court, shall he in full |
iorce SO far as the same are applicable to
he provisions of this section. Provided
'urther. that the President shall first have
made proclamation. as now provided by
aw, commanding such insurgents to dis
,erse: 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 grand |
" petit juror in any court of the United |
states. upon any inquiry. hearing or trial Of |
my suit. proceeding or prosecution based |
lpon or arising under the provisions of this |
tct. WHO sl!ti!, LII tHe JuueHeut VI l'e court, |
,e III complicity with any such combination |
II conspiracy; and every such juror shall,
'efore entering upon any such inquiry, |
fearing, 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; |
md each and every person who shall take |
his OATH and shall therein swear falsely. |
hall be guilty Of perjury, and shall be sub
ect to the pains and penalties declared |
against that crime, and the first section of |
.auses Of challenge, and prescribing an addi-
ional oath for grand and petit jurors in the
United States courts approved June
seventeenth, eighteen hundred and sixty
we. be and the same is hereby repealed.
SEC. 6. That any person or persons nav
ng knowledge that any of the wrongs are
n'pired to be done, and mentioned in the
second section of this act, or are about to be
and having power to prevent or
nd in preventing the same. shall Neglect or
etuse so TO do, and such wrongful act shall
'e committed, such person or persons shall
,e liable to the person injured, or his legal
representatives. for all damages caused by
my such wrongful act which such first
FAMED person or persons by reasonable
liEgence could have prevented, and such
damages may be recovered in an action on
he case in the proper circuit court Of the
United States, and any number of
PERSONS guilty of such wrongful neg
ect. or refusal, may be joined as de-
endants in such action, provided that such
ction shall be commenced within one year
fter such cause Of action shall have ac-
rued: and il the death OF any person shall
re caused By any such wrongful act and neg
ect, the legal representatives Of such de-
eased persons shall have such action there
or, and may recover not exceeding FIVE