The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-23

tied to vote from giving his support or advoca'
cy in lawful manner towards or 10 favor oil
the election of any lawfully quslinea person
as an elector of President or Vice Presiden,
| 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 advocacy, each
and every person 30 offending shall be
| deemed guilty Of high crime, and,
| upop conviction thereof in any district
or circuit court of the United States or
district or supreme court of any territory of
the United States having jurisdiction Of SINH
lar Offences shall be punished by hne not less
than i've hundred nor more than i've 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
both such fine and imprisonment as the court
shall determine. And If any one or more per-
sons engaged in any such conspiracy shall do,
or cause 10 be done, any act In turtherance OF
the object of such conspiracy, whereby any
person shall be injured 10 bis person or proper-
~, or deprived of having and exercising any
ripht or privilege of citizen of the United
States, the person so injured or deprived Of
such rights and privileges may have and main
tain an action for the recovery CT damages oc-
casioned by such injury or deprivation OF
rights and privileges against any one or more
of the persons engaged in such conspiracy,
Sucl aCtlOn 10 Dc pTUStCutSo ~ piOpCi utdr
trict or circuit court of the United States,
with and subject to the same rights OF appeal,
review upon error, and other remedies provi-
ded in like cases 10 such courts under the
provisions of the act Of April ninth, eighteen
hundred and sixty six, entitled can act to pro-
teot all persons in the United States in their
civil rights, and to furnish the means OF their
vindicaiion."
SEC. 8. That in all cases where insurrection,
domestic violence, unlawful combinations, or
conspiracies in any State shall SO obstruct or
hinder the execution of the laws thereof, and
of the United States, as to deprive any portion
or class of the people of such State of any of
the rights, privileges, or immunites, or pro-
lection, named in the Constitution and secured
by this act and the constituted authorities of
such State shall either be unable to protect, or
shall, from any cause, fail in or refuse protec-
ton of the people in such rights, such facts
shall be deemed denial by such State Of equal
protection of the laws to which they are en-
titled under the Constitution of the United
States and ia all such cases, or whenever any
such Instruction, violence, and unlawful COM
bination, or conspiracy shall oppose or obstruct
the laws of the United States, or the due exec
cution thereof, or impede or obstruct the due
course of justice under the same, it shall be
lawful for the President, and it shall be bis
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 sup
preston of such instruction, 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 mar
shall of the proper district, to be dealt with ao-
cording to law.
SEC. 4. That whenever in any State or part
of State the unlawful combinations 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 defiance the constituted
authorities of such State, and of the United
States within such State, or when the consti.
tuted 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 OF the causes aforesaid, the convic-
ton or such offenders and the preservation of
the public safety shall become in such dis-
trict impracticable, in every such case such
combinations shall be deemed a rebellion
against the United States, and during the cons
tinuance OF such rebellion, and within the linz
its of the district which shall be so under the
sway thereof, such limits to be prescribed by
proclamation, it shall be lawful for the Presi-
dent of the United States, when in his judg.
ment the public safety may require it, to sus-
pend the privileges of the writ of habeas cor
pus, to the end that such rebellion may be over
thrown: Provided, That all the pro-
visions of the second section of
an act entitled AN act relating
to habeas corpus, and regulating judicial pro
ceedngs in certain cases." approved March
third, eighteen hundred and sixty three, which
relate to the discharge of prisoners other than
prisoners of war, and to the penalty for retus-
ing to obey the order of the court, shall be in
full force SO far as the same are applicable to
the provisions of this section Provided, That
the President shall first have made proclama-
ton, as now provided by law, commanding
such insurgents to dispense: And provided
also, That the provisions of this section shall
be in force after the end of the next regu-
lar session of Congress.
SEC. 8. That no person shall be 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 arts.
ipg under the provisions of this act who shall,
Ia the judgment of the court, be in completely
with any such combination or conspiracy and
every such juror shall, before entering upon
any such inquiry. hearing, or trial, take and
subscribe an oath in open court that he has
never, directly or indirectly, counseled, adj
vised, or voluntarily aided any such combina-
ton or conspiracy; and each and every person
who shall take this oath, and shall therein
swear falsely, shall be guilty of perjury, and
shall be subject to the pains and penalties de-
clared against that crime, and the first section
OF the act entitled can act defining additional
causes of challenge and prescribing an addi,
tional oath for grand and petit jurors in the
United States courts" approved June sevens
teenth, eighteen hundred and sixty-two, be,
and the same is hereby, repealed.
SEC. 9. That any person or persons having
knowledge that any of the wrongs conspired
to be done and mentioned in the second
section of this act are about to be committed,
and having power to prevent or aid in prevents
ing the same shall neglect or refuse to do, and
such wrongful act shall be committed, 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 frst-named person or persons by
reasonable diligence could have prevented,
and such damages may be recovered in an ac-
ton on the case in the proper circuit court of
the United States. and any number of persons
guilty OF such wrongful neglect or refusal may
be joined as defendants in such action
provided that such action shall be COM
meneed within one year after such cause of
action shall have accrued, and if the death of
any person shall be caused by any such wrong
iui act and neglect, the legal representative OF
such deceased person shall have such action
therefor, and may recover not exceeding
80, 600 damages thereon for the benefit of the
widow of such deceased person, if any there
be, or, ii there be no widow, for the benefit of
the next OF kin of such deceased person.
SEC. 7. That nothing herein contained shall
construed to supersede or repeal any former
act or law except go far as the same may be
repugnant thereto; and any offences hereto
fore committed against the tenor of any former
hal ha ttod opA a.v,a,