The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-05-04

/ or Circuit Court OF the United states Win
aud subject 10 the same right Of appeal, re-
view upon error, and other remedies pro-
! vided in like cases in such courts under the
provisions of the act of April 8, 1855, enti-
tied an act to protect all persons in the
United States ia their civil rights, and to
furnish means for their vindication.
Sec. 3. That in all cases where insur-
rection, domestic violence, unlawful eomoi-
nations or conspfraeies In any State shall
so obsrruet or hinder the execution of the
laws thereof and fthe United States as TO
deprive any portion or class Of people OF
such State of any rights, privileges. or i'm
munities or protection named In the Con-
stitutioa 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 protection 70 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 Constitution of the
United States; and in all such eases, or
wherever any such Instruction, violence,
unlawful combination or conspiracy shall
oppose or obstruct the laws of the United
States, or due execution thereof or impede
or Obstruct the due course off Justice under
the same, it shall be lawful for the President,
and il shall be his duty, TO take such mea-
sures, by the employment of the militia,
land and naval forces of the United States.
or of either, or by other means, as he may
deem necessary, for the suppression of such
insurrection, domestic violence or combi-
nations; and any person who shall be ar
rested uT der the provisions of this and the
preceding section, shall be delivered to the
Marshal OF the proper district, TO be dealt
with according to law.
Sec. 4. That whenever In any State, or
part of State. the unlawful combinations,
named in the proceeding section of this act,
shall be organized aud armed, and so nu-
merous and powerful as to be able by vio-
leDce to either overthrow or set at defiance
the constituted authorities of sach State, or
where the constituted authorities are In
com plicity with or shall cOnnive at the I'M
lawful purposes of such powerful and arm
ed combinations. and whenever by reason
of either or all the causes aforesaid the con-
viction of such offenders and preservation
of the public safety shall become In such
district impracticable, in every such case
sucn combinations shall be deemed rebel
lion against the government of the United
States and during the continuance of such
rebellion, and within the limits of the dis
trict which snail 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
judgement, the public safety shall require it,
TO suspend the writ of habeas corpus, to
the end that sdch rebellion may be over
thrown. Provided, that all the provisions
of the second section of an act entitled IAN
act relating to the habeas corpus and regu-
lating judicial proceedings in certain cases."
approved March 3, 1863, which relate to the
discharge of prisoners other than prisoners
of war; and the penalty for refusing to
obey an 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 provided by
law, commanding such insurgents to dis
perse. 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. B. 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 arising under the provisions
of this act, who shall, in the judgment Of
the court, be in completely with any such
combination or conspiracy and every such
person shall, before interfering upon such
inquiry, hearing or trial, take and subscribe
an oath in open court that he has never,
directly or Indirectly, cOunseled, ADVISED or
voluntarily 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 the pains and penal
ties declared against that crime, and the
first section of the act entitled, AN act de-
filming additional causes of challenge. and
prescribing an additional oath for grand
and petit jurors in the United States Courts
approved June IL, 1862 be and is hereby
repeated.
"SEC. 6. That any person or persons hav-
ing knowledge that any wrongs are eonspir-
ed to be done. as mentioned in the second
section of this act, or are about to be COM
mitted, and having power to prevent or aid
in preventing the same, shall neglect or re-
fuse so 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 first
named person or persons by reason of able
diligence could have prevented, and such
damages may be recovered in an 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
may be Joined as defendants in such action,
provided that such action shall be commenc-
ed within one year after such cause of ac-
ton shall have occurred; and if the deaLh
of any person shall be caused by any such
wrongful act and neglect, the legal repre-
sentativeS of such deceased persons shall
have such action therefor, and may recover
not exceeding $4,000 damages therein for
the benefit of the widow of such deceased
persons, if any there be. or if there be no
widow. for the benefit OF the next of kin of
such deceased person.
SEC. z. Nothing herein contained shall
be construed TO supercede or repeal any for
mer act or law except so far as the same
may be repugnant thereto, and any Offense
heretofore committed against the tenor of
any former act, shall be prosecuted, aud
any proceedings already commenced for the
prosecution thereof shall be continued and
completed the same as If this act had not
been passed, except so far as the provisions
of this act may go to sustain aud validate
such proceedings"