Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-05-03
THE KU KLUX LAW,

Ine Oil 70 enforce the PROVISIONS OF
the fourteenth Amendment Of. the
Constitution Of the United States,
introduced into the House by .Mr.
SheIIabarger, from the select commit
tee on the Presidents Ku Klux mes
sage, after being amended In both
branches of Congress, and passing
under the consideration of confer
enee committee, is now a law. -
Section one provides that any per-
son depriving another of the rights,
privileges. oFimmunities secured by
the Constitution of the United States,
under the color of any law or Tegul4-
ton Of any state, shall be liable to
the rDIrty Injured in an action at law
! before the United States Courts un-
der the provisions Of the Civil klshts
Act. *,
Section two is aimed directly at the
] Ku KluS organization. It provides
| for the punishment, by a tine OF not
| less than $500 nor more than IS 600, or
/ by Imprisonment with or without
| har6 labor. as the Court may deter
mine for a period of six months to
SIX wears, or both fine and imprison-
ment. of any two or more persons In
any State or Territory OF the United
| States cOnspiring against the Govern
/ ment of the United States, or 20 pre-
/ vent the enforcement OF its laws, or
to interfere by fraud, intimidation or
/ whence with the due course OF JUS
tice. or to punish or embarrass an OH
Ger of the United States because Oi
the execution of his duties, or to in
terfere with the exercise by any citi-
zen Of the right to vote Cor President,
Vice President, or member OF Con-
gress, cor who shall eOnspire togeth-
ser. or 90 in disguise on the public
highway or premises of another for
"the purpose, either directly or indi-
''rectiy of depriving any person OF
! ''any class of persons OF the equal pro
lection of the laws or equal privi-
t'leges or immunities under the laws
''of for the purpose of hindering the
constituted authorities of any State
''from giving and securing to all per
| sons within such State the equal
projection Of the laws"
I1-addition to the criminal penal
! ties provided in this section, the per
son or persoLs guilty Of the acts reci-
ted are liable to civil suit u--der the
/ Civil Rights Act. The original bill
punished by a fine not exceeding $40,
] 900. or imorisOhment not exceeding
I ten years, or both, any one in any
4 State engaged in a conspiracy to de-
prive any one of his rights under the
4 Constitution and laws Of the United
/ States. the object of which conspiracy,
if accomplished, would be crime
against the criminal laws OF the uni
ted States IL committed within terri
tory uniler the exclusive jurisdiction
( of the United States Government, and
| provided that IL murder be commit
ted through such conspiracy, the
Judgment Is death. 1t viii be seen
that the bill as passed is much less
severe in its penalties.
Section three provides that if from
! cOnspiracies or disturbances any por-
ton or class Of people, in any State
shall be deprived of their rights un-
der the Constitution, and the proper
authorities of the State shall fail to
protect them or to call upon the Federal
Executive for aid, the President is
authorized and directed to use the
arsay and navy, or other means, as be
NAV deem necessary, for the suHpres
4 sion9of disorder, and those arrested
under this or the preceding sections
! of tile act are to be delivered over tC
the Emitted States Marshal Of The
District to be dealt with according tC
law. d,
Section four has been unchanged
EXCEPT in the date when its opposition
is TO cease. 1t provides that when
unlawful combinations in any State,
/ withor without the cOnnivance o. the
State authorities, are organized and
armed. and are sufficiently powerful
| to 'obstrucJ the execution of the q nj
ted States laws, the President Is au-
/ tborfzed to proclaim such State, OF
district Of the State, to be in rehel-
| Ii IN. and to place il under mafllal
law, the privileges Of the writ OF
ls1beds corpus being suspended. This
power is 70 cease at the end OF the
next regular session Of Congress. In
the original bill the date fixed was
June fst, 1872
The. succeeding sections are addi'
tionaT to the original bill. Section
five disqualifies from service in 6
Court of the United States, as grand
or petit Juror, any one who in che
iudgmentof the Court is in completely
| with any combination or conspiracy
as before related, and provides that
every such person shall, before taking
part IN the proceedings, take oath that
he has never directly or indirectly
"cOnsulted, advised, or voluntarily
"aided in any such combination Ol
conspiracy" At the same time the
provisions Of the act of 1862 in regard
TO a Jurors oath is repealed. As there
has been considerable discussion in
regard to the Jurors oath" clause in
the bill lust passed, we add the text o.
the section of the law. of 1862, fol
which il Is substituted. This section
| provided:
That. in addition to the existing
causes Of disqualification andlchal'
lenge Of grand and petit jurors IN the
Courts of the United States, the fol
lowing are hereby declared and eStab
lished, namely; without dureS -and
cOercron to have taken up arms, or x
have Joined any insurrection and re
bellion, against the United Statee; tC
have adhered to any rebellion, giyins
| it aidor comfort to have given di'
rectiy or indirectly, any assistapee IN
money, arms, horses, clothes, or any
thing whatever, TO or for the use ol
benefit of any person or persons whom
the 6Derson giving such assistance
knew to have Joined. or to be about Il
iuir any insurrectiOn or rebellion, o.
to have resisted, or to be about 70 re
sist with force of arms, the execution
of The laws of the United States, ol
wh8n be had good ground to believe
had joined, or was about to join, an!
insuFEection or rebellion, or was abOu
to resist, with force Of arms, the exc
eutiOnOf the laws ofthe United States
and to have cOunseled and advises
any person or persons to join any in
surreetiOn and rebellion, or to resis
with force of arms the laws Of tn
United States. -
Section six subjects to civil suit oI
the part of injured parties, or fhei
legal representatives, any or all per
sons having knowledge that tn
wrongs conspired to be dOneand men
toned in the second section 0f tn
act, ere about TO be committed, ant
having power to prevent, or AID il
preventing The same, shall neglect D
: refuse to do so. The suit must b
commenced within a year, and tn
damages to be recovered In case o
death, for the benefit of the widow o
next kin, shall not exceed $4,000.
Section seven provides for the re
peal of conflicting legislation and tn
nOn-inteFference with cases 'eOmmen
! ced under former. laws and etili Il
progress.