The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-25

such State, and of the United States
within such State, or when the consti.
tuted authorities arc in completely with,
or shall conniye at, the unlawful purposes
of such powerful and armed Com6ina'
tions; and whenever, by reason Of either
or all Of the causes Aforesaid, the convic'
ton OF such offenders and the preserva'
ton Of the public safety shall become in
such district impracticable, in every such
case such combinations shall be deemed
rebellion against the Government o: the
United States, and during the continu'
ance OF such rebellion, and within the
limits of tho district which shall be so
under the sway thereof, such limits to be
prescribed by, proclamation, it shall be
lawful for tho President oI the United
States, when in his judgement the public
safety shall require 1t, TO suspend the priv
ilege Of the writ Of habeGS corpus, to the
end that such rebellion shall be over.
thrown: Provided, That all the provir
siOns OF the second section Of an act en-.
titled, IAN act relating to habtqS corpus,
and regulating judicial proceedings in
certain cases., approved March 9, 1868,
which relates 10 the discharge Of prison.
ers other than prisoners Of war, and TO
the penalty for refusing to obey the order
of tho Court, shall be in full force SO far us
the same are applicable 10 the provisions
of this section Provided, further, That
the President shall first have made pro-
clamotion, as now provided by law, co.h.
manding such insurgents to disperse
And provided, also, That the provisions
of this section shall not be in force after
the end of the next regular session OF
Congress.
SEC. 5. That no person shall DO 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 provision
OF this act who shall, in tho judgment of
the Court, DO in completely with any
such combination or conspiracy; and ev-
cry such shall, before entering upon my
such inquiry, hearing or trial, tnkc and
subscribe an oath in open Court that he
has never, directly or indirectly, counsel
cd, 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
DO guilty OF perjury, and shall be subject
to the pains and penalties declared against
that crime, and the first section Of the act
entitled; IAN Act defining additional
causes OF challenge and prescribing an
additional oath for grand and petit jurors
In the United States Conrts," approved
June II, 1862, be, and tho same is here
by, repealed.
SEC. @. That any person or persons
having knowledge that any OF tue wrongs
conspired 10 be done and mentioned in
the second section Of this act are about to
DO committed, and having power to pre-.
vent, or aid In preventing the same, shall
neglect or refuse 80 to do. and such
wrongful act shall be committed, such
person or persons shall bc liable to the
person injured, or his legal representa-
lives, for all damages caused by such
wrongful act, which such tirst.named per-
son or persons by reasonable diligence
could have prevented, and such damages
may be recovered In an action on the Cuse
In the proper Circuit Court Of the United
States; and any number OF persons guilty
OF such wrongful neglect or refusal may
DO Joined As defendants in such action,
provided that such action shall be COM
menCed within one year after such cause
Of action shall have accrued; and, il the
death of any person shall be caused by
any such wrongful act and neglect, the
legal representatives Of such deceased
person shall have such action therefor,
and may recover, not exceeding $4,000,
damages therein for the benefit OF the
widow Of such deceased person, II any
there he, or, If there Bono widow, for the
benefit Of the next Of kin Of such dc.
ceased person.
SEC. Z. That nothing herein contained
shall he construed to supersedo or repeal
any former actor law, oxceptso far as the
same may be repugnaut thereto; and any
otIenSes heretofore committed against the
tenor of any former act shall be prose-
cuted, and any proceeding already com.
menced Tor tho prosecution thereof shall
be continued and completed tho same as
if this act had not been passed, except so
far as the provisions ofthis act may 80 to
sustain and validate such proceedings.