The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-04-22
Section 3-'fbat in all cases where

rights, privileges or inInuEioeS or pro-
lection named in the Consr, tuition and
secured BY this act, and tie constituted
authorities OF such State shall either be
unable to protect or shall from any
cause fail in or refuse protection to the
people in such rig ats, such facts shall
be deemed denial by such State of
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 such insurrec-
ton, violence, unlawful combination or
conspiracy shall oppose or obstruct the
laws Of the United States or due execu-
tod thereof, 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 meas
ures by the employment Of the militia
or land or naval forces Of the United
States, or Of either or by other means
as he NAV deem necessary, for the sup
preston Of such insurrection or combi-
nations, and any person who shall be
arrested nnder the PROVISIONS Of this
and preceding sections Shall be deliver
ed to the Marshal of the proper district
to be dealt with according to law.
Section 4-Whenever in any State or
part OF State unlawful combinations
named in preceding sections Of this act
shall be organized and armed, and so
numerous aud powerful as to be able
by violence to either overthrow or set
at defiance the constituted authorities Of
such State and the United States with
in such State, Oh when the constituted
authorities are in completely with or
shall connive at the unlawful purposes
of such powerful and armed combina-
tons, and whenever by reason Of either
or all causes aforesaid the conviction
of such offenders and preservation Of
public safety shall become in such dis
trict impracticable, in every such case
such combinations shall be deemed re-
bellion against the Government OF the
United States, and during tire contiuu-
ance of such rebellion and within the
limits of the district which shall be so
under the sway thereof, such limits to
be prescribed by proclamation, it shall be
lawful for the President OF the United
States, when in his judgment the pub.
lie safety shall require it, TO suspend
the privilege of the writ Of hakeas cor
pus to the end that such rebellion may
be overthrow; provided, that all pro-
visions of the second section Of the act
entitled, An act relating to habeas
corpus and regulating judicial proceed
ings in certain cases, approved March
3, 1868, which relates to the discharge
of prisoners other than prisoners OF war;
and the penalty for refusing to obey
the order of Court, shall be in full force
so far as the same are applicable to the
provisions Of this section; provided
further, that the President shall first
have made proclamation as now pro-
vided by law, commanding such insur-
gents to dispense; and provided, also,
that the provisions Of this section shall
not be in force after the end of the next
regular session Of Congress.
Section 5-That no person shall he a
grand or petit juror in any court ofthe
United States upon any inquiry, hear
ing on 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 com.
plicity with any such combination or
conspiracy, and every such shall before
entering upon any such inquiry, hear
ing or trial take and subscribe an oath
in open court that he has never directly
or indirectly counseled, advised or aided
any such combination or conspiracy,
and each and every person who has
taken this oath, and shall thereon
swear falsely, shall be guilty of perjury
and shall be subject to pains and penal
ties declared against that crime, and the
first section Of the act entitled, An act
defining additional causes of challenge
and prescribing an additional oath for
grand and petit jurors in United States
Courts, approved June II, 1862, be and
the same is hereby repealed.
Section 6-That if any person or
persons having knowledge that any
wrongs conspired to be done and men,
toned in the second section Of this act
are about to be committed and having
power to prevent or aid in preventing
the same, shall neglect or refuse so to
do, and such wrongful act shall be com.
mitted, 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 per
sons by reasonable diligence could
have prevented, and such damages may
be recovered in 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
NAV be Joined as defendants in such
action provided, that such action shall
be commenced within one year after
such cause ofaction shall have occurred,
and if the death ofany person shall be
caused by any such wrongful act and
neglect, legal representatives OF such
deceased person shall have such action
thereupon, and may recover not exceed
ing $4,000 damages therein, for the
benefit of the widow of such deceased
person, if any there be, or if there he
no widow, for the benefit ofthe pext kin
of such deceased person.
Section Nothing herein contained
shall be construed to supersede or re-
peal any former act or law, except so
far as the same may be repugnant there
to, and any offenses heretofore commit
ted against the tenor of any former act
shall be prosecuted, and any proceed
ings already commenced for the prose
cution thereof shall be continued and
completed the same as if this act had
not been passed, except so far as the