The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-17

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, oy in lawful manner towards or in favor
the election of any lawfully qualified perso
as an eector of President or Vice Presider
of the United States, or as a member of th
Congress of the United States, or to injur
any such citizen in his person or property O
account of such support or advocacy, eac
and every person 80 offending shall b
deemed guilty of high crime, and
upon conviction thereof in any distric
or circuit court of the United States O
district or supreme court of any territory O
the United States having jurisdiction of SINH
lar offences, shall be punished by fine not les
than five hundred nor more than five thousan,
dollars, or by imprisonment, with or withou
hard labor, as the court may determine, for
| period of not less than six months nor NOR,
than six years, as the court may determine, OF
both such fine and imprisonment as the cour
shall determine. And If any one or more per,
sons engaged in any such conspiracy shall do
or cause to be done, any act in furtherance Of
the object of such conspiracy, whereby any
person shall be injured in his person or proper
| ty, or deprived of having and exercising any
right or privilege of q 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 Of damages &C.
| casioned by such injury or deprivation OF
rights and privileges against any one or NOR
| of the persons engaged in such conspiracy,
| such action to be prosecuted in the proper dis
| trict or circuit court of the United States,
| with and subject to the same rights of appeal,
| review upon error, and other remedies provis
| ded in like cases 10 such courts under the
hundred and sixty.six, entitled can act to pro-
| tect all persons in the United States in their
civil rights, and to furnish the means of their
vindication."
SEC. 8. That in all cases where instruction,
domestic violence, unlawful combinations or
mi pfr nj Ckoto all
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 immunities, 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 thew are en-
titled under the Constitution of the United
States; and In all such cases. or whenever any
such ilsurrection, violence, and unlawful COM
bination, or conspiracy shall oppose or ohstruct
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 his
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 ne 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 &C.
coIdng to law.
SEQ A. 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- |
tiOn OF such offenders and the preser walton of |
the public safety shall become in such dis. |
trict impracticable, in every such case such |
combinations shall be deemed 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 Tor 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 babeas 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 can act relating |
to habeas corpus, and regulating judicial pro, |
ceedings 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 refus-
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
5tnh svcr % kp A..
also, That the provisions of this section shall |
not 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 aris-
ing 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 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, counselled, ad,
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 add.
s-o."' oetu Aot = onu nuu pctit JuTOro III
United States courts" approved June sevena
teenth, eighteen hundred and sixty-two, be,
and the same is hereby, repealed.
SEQ. 6. 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 prevent
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 bis 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, aud any number of persons |
gully of such wrongful neglect or refusal may |
be 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 If the death of |
any person shall be caused by any such wrong |
full act and neglect, the legal representative of
such deceased person shall have such action |
therefor, and may recover not exceeding |
IS 900 damages thereon for the benefit of the |
widow OF such deceased person, if any there |
be, or, it 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 SO far as the same may be
repugnant thereto; and any offences hereto
fore committed against the tenor of any former