Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-04-24

INsURRECTION,
violence, unlawful combination OF
conspiracy shall oppose or obstrucI
the laws Of the United States, or the
due execution thereof, or impede OF
| ObstTuct the due course Of Justice un.
! der the same, il shall be lawful for the
/ President, and il shall be his duty, to
take such measures, by the employ
ment Of the militia and naval forces
of the United States, or of either, OF
by means, as he may deem necessary
for the suppression Of such insurrec.
ton,
DOMESTIC VIOLENCE,
or combinations; and any person who
shall bearrested under the provisions
OF this and preceding sections shall
be delivered to the marshal OF the
proper district, to be dealt with ac-
c0rding to law.
Sec. 4. That wherever, in any State
or part Of State, the unlawful combi-
nations named in the preceding sec
tions 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 the United States
within such State, or where the con-
stituted authorities are in completely
with. OF shall COnnive at, the UulaW-
full purposes Of such powerful and
armed combinations; and whenever
by reason Of either or all the causes
aforesaid, the conviction Of such Ofien-
ders and the preservation Of the pub
lie safety shall become in such dis
tricts impracticable, in every such
case such combination shall be
deemed
REBELLION
against the Government Of the Uni
ted 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 President Of
the United States, when in his judg-
ment the
PUBLIC SAFETY
shall require it, to suspend the privi-
lege Of the writ Of hObsdS corpus 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 hd5gds cor
guS and regulating Judicial proceed
ings in certain cases" approved
March 3, 1868, which relate to the dis
charge Of prisoners other than prison
ers of war, and the
PENALTIES
for refusing to obey this order of the
court shall be in force so far as the
same are applicable tC the provisions
OF this section: Provided further,
that the President shall first have
made proclamation, as now provided
by law, commanding 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. >. That no person shall be a
grand or petit juror in any court Of
the United States upon any inquiry
bearing on the
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. Every
such shall, before entering upon any
such inquiry bearing on the trial,
take and subscribe an oath in the
open court that he has never secretly
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 per-
jury, and shall be subject to the pains
and penalties declared against that
crime in the first section Of an 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 II, 1862" and
the same is hereby repealed.
SEC. 6. That any person or per-
sons having knowledge that any
WRONGS
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 preventing the
same, shall neglect or refuse 50 to do.
and such wrongful act shall be COM
mitted, 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 per
sons, by reasonable diligence could
have prevented, and such
DAMAGES
NAV be recovered in an action ia the
case in the proper Circuit COUrtOf the
United States; and any number OF per-
sons guilty Of such wrongful neglect or
refusal may be Joined as defendants in
such action: Provided. that such
action shall be commenced within one
year after such cause Of action shall
have occurred. And if the death of
any person shall be caused by any
such
WRONGFUL ACT AND NEGLECT,
the representative Of such deceased
person shall have such action thereto
aud may recover, not exceeding
g., 900 damages therein, for the benefit
Of the widow Of such deceased person,
If any there be; or if there be no wild
Ow, for the benefit Of the next of kin
to such deceased person.
See. z. Nothing herein contained
shall be construed to sUpsrcede or
REPEAL
any former act or law, except so far
rs the same may be repugnant there
to; and any Offenses heretofore COM
mitted against the tenor Of any former
act, shall be prosecuted; and any pro-
already commenced for pros
ecutiOn thereof, shall be continued
and completed the same az if this act
had not been passed, except so far as
the provisions Of this act may 90 to
sustain and validate such proceedings.
WAS SHlNGTON.
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