The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-05-04
ANDERSON H,s MORNING, MAY q, 1877.

sa. ANl
lencs or combinations; and any person whe
shall hs arrested under the provisions OF TINS
and the preceding sections, shall be delivered
to the marshal of the proper district, 70 Ds
dealt with according to law.
SEC. 4. That whenever, In any State or par,
of State, the unlawful combinations nameo
in the preceding section OF this act shail De od
organized and armed, and 30 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 consn'
tuted authorities are in completely with, or
shall connive at the unlawful purposes OF such
powerful aud armed combinations, and when
ever, by reason of either or ali of the causes
aforesaid, the conviction of such offenders,
and the preservation IF the public safety shall
become, in such district, impracticable, IN
every such case such combinations shall be
deemed rebellion against the Government
of the United States, and during the continu-
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 Presl-
dent of the United States, when, in his judg-
ment, the public safety shall require 1t, to sus'
pend the privileges Of the writ ct haoeGs corpus,
to the end that such rebellion may be over.
thrown: Provided, That all the provisions OF
the second section of an act entitled An act
relating to bubeas corpus, aud regulating JUDI,
cial proceedings in certain csses,",. approved
March 3, 1863, which relate to the discharge OF
prisoners, other than prisoners Of war, and to
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 secton
Provided further, That the President shall flrst
have made proclamation, as now PROVIDED Dy
law, commanding such insurgents to disperse
And provided, also, That the provisions OF tins
section shall not be in force after the end OF
the next regular session of Congress.
SEC. 5. 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 provision of this act, who shall, in
the Judgment of the court, be in completely
with any such combination or conspiracy, anu
every such juror shall, before entering upon any
such inquiry, hearing or trial take and SUD-
scribe an oath in open court that he has never,
directly or indirectly, counselled, or ADVISED,
voluntarily aided any such combination or con-
spiracy, and each and every person whe shall
take this oath, and shall therein swear falsely,
shall be guilty of perjury, and shall be subject
to the pains and penalties 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 the United States courts, :,
approved June seventeenth, eighteen hundred
and sixty-two, be, and the same is hereby re-
pealed.
SEQ. 6. That if any person or persons, having
knowledge that any of the wrongs conspired to
be done, and mentioned in thu 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 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
reasonable diligence, could have prevented
and such damages may be recovered In an &C.
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; pro-
vided that such action shall be commenced
within one year after such cause of action shall
have accrued, and if the death of any person,
shall be caused by any such wrongful act and
neglect, the legal representatives of such de-
ceased person ahall have such action therefor,
and may recover not exceeding five thousand
dollars damages therein, for the benefit Of the
widow of such deceased person, if any there be,
or, if there be no widow, for the benefit of the
next of kin of such deceased person.
SEQ. z. That nothing herein contained shall
be construed to supersede or repeal any former
act or law, except SO far as the same may be
repngnant thereto; and any offences heretofore
committed against the tenor of any former act
shall be prosecuted, and any proceeding 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 90 to sustain and
validate such proceedings.