New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-27

| to vote, from giving his support or advocacy
| in a 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 q 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 al
vocacy, each and every person so offending
| shall lie deemed guilty Of high crime, and
up0 conviction thereof in any district or
circ,it court Of the United States or
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 a 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
act in furtherance Of the object of such con-
spiracy, whereby any person shall be in
illred 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 Rlaintain 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
courts. under the provisions OF the act Of
April ninth, eighteen hundred and sixty-six,
entitled IAN act to protect all persons ia
the United States in their civil rights, and
to furnish the means of their vindication.
SEC. g. That in all cases where insurrec-
ton, domestic violence, unlawful comblna-
tons or cOnspiracies in any State shall so
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 the rights,
named in the constitution and So
cured by this act. and the constituted
authorities of such State shall either be un-
able to protect, or shall from any cause fail
in or refuse protection Of the people in such
rights. such facts shall be deemed denial
by such State of the equal protection OF the
laws. to which they are entitled under the
such cases, or whenever any such inscrrec-
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 naval forces of
the United States, or of either, or by other
means. as he may deem necessary, for the
of such insurrectiOn, 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 OF
part of State, the unlawful combina-
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
he unlawful purposes of such powerful and
armed combinations. and whenever by
'eason ofeither or all of the causes aforesaid
he conviction OF such offenders and pre-
ervatiOn Of the public safety shall become
n such district inpracticable, in every such
'ase such combinations shall he deemed re-
,ellion against the government of the United
states. and during the continuance of such
ebellion. and within the limits of the
district which shall be SO under the SWAY
hereof, such limits to be prescribed nv
it shall be lawful for the
resident of the United States. when in his
Judgment the public safety shall REQUIRE it.
suspend the privileges of the wit OF
nch reh eGTpns' m to tn the end that
'rovidcd, that all the provisions OF tie
econd section OF an act entitled IAN act
elaung to habeas corpus, and regu,a--
y judicial proceedings in certain cases.
pgroved March third, eighteen hundred
nd slxty-three. which relate to the
ischarge OF prisoners other than prisoners
I war, and TO the penalty for refusing to
hey the order of the court, shall he in fnll
'rce SO tar as the same are applicable .c
he provisions of this section. Provided
lrther. that the President shall first have
iade proclamation. as now provided bv
W. commanding such insurgents 10 dis
erse; ana provided also. that the provi-
ons OF this section shall not be in force
iter the end OF the next regular session OF
congress-.
SEC .. That no person shall be grand
r petit juror in any court of the TriteS
1a1es' upon any inquiry. hearing or trial OF
ny SUIT proceeding or prosecution based
pom or arising under the provisions of this
u! VINO shall IN the judgment Of the court
IN completely with any such combinations
conspiracy; and every such juror shall.
l0On1rv
caring, or trial, take and subscribe an oatb
open court that he has never, directly or
directly, counseled, advised or yolun+ar;I1
ded any such combination or CONSPIRACY.
III eacn anu every person who shall take
us oath, and shall therein swear falsely
ia all be guilty OF perjury, and shall be sub
CT to the pains and penalties declared
,alnst that crime, and the first sect;on 81
e act entitled, IAN act defining addit;ora1
uses OF challenge. and prescribing an adJ;'
Dnal oath for grand and petit Jurors in tho
nlted States courts apnroveJ - sAe
venteenth. eighteen hundred and $50
20. be and the same is hereby repealed .
SEC. d. That any person or nersons 49,
z knowledge that any of the wronss ano
inspired to be done, and mentioned in .be
como section of this act, or are abont 70 he
mmltted, and having power to prevert o or
4 III preventing the same, shall neolect Va
fuse SO to do, and such wrongful act sba ~
comHitteu such person or persons sLaIi
liable to the person injured, or his lenai
for all damages caused E~
y such wrongful act which such fr:.
ined person or persons by reasonab1e
Agence could have prevented. and So
images may be recovered in an action s1,
9 case IN the proper circuit court of tho
llted States, and any number of
rsons guilty OF such wronofnl VI
t; or refusal, may be Joined as "a
ldants IN such action, provided thai sno;,
tlon snail be commenced within ono yaan
er such cause OF action shall hays ~
leu; ana II the death of any person sha1
caused by any such wrongful act and .,ar
T. the legal representatives of snch as
tsed persons shall have such action 81