The Portland daily press., 1871-03-30
DAILY PRESS.
THURSDAY, MARCH 80, 1871.
Mr.. sheIIabarger,s Bill.
PORTLAND.

Mr. shelIabarger's Bill.
Inc iull text of the bill to enforce the pro-
visions OF the fourteenth amendment 10 the
constitution, agreed upon the Republican
members oil The House and introduced by the
oheiiaoafser on Tuesday is as follows:
DC u enacted, de-, That any person who.
under color OF any law, statute, ordinance
regulation, custom, or usage of anv s,ot.
shall subject or cause TO be subjected. anv ne,'
son within the jurisdiction of the ITn;,oa
States to the deprivation of any rights. nrivi'
leges, or immunitfes secured by the first seo-
tion OF the 14th Article of Amendment of tba
Constitution OF the United States, shall anv
such law, statute, ordinance, regulation, Gus.
tom, of usage Ofthe State, TO the contrary not.
withstanding, he liable to the party injured in
an action at law, suit in equity, or other
proper proceeding for redress, such proceed
lnss to be prosecuted in the several District or
Circuit Courts of the United States, with and
subject TO the same rights of appeal, review
,iE upon error, and other remedies provided in
like cases in such Courts under the provisions
OF the act OF April 0, 1866, entitled, &C.. and
the other remedial laws OF the United States
Whlch are In their nature applicable in sueb
cases. S"o"
SEC. 2. That il two or more persons shall
within the limits of any State, band. consnira'
or combine together to do an act in violation
OF the rights privileges, or immunities of anv
person, TO which he is entitled under the Con,
stitution or laws of the United States. which
If committed within place under the sole
and exclusive jurisdiction of the United
States, would under any law of the United
States then in force, constitute the crime of
either murder, manslaughter, mayhem, rob-
berry, assault and battery, perjury, suborna-
tlsn OF perjury, criminal obstruction of LEGAL
process, or resistance of officers in DISCHARGE
oil official duty, arson, or larceny; and il one
or more OF the parties to said conspiracy or
combination shall do any act TO effect the
ooJect thereof, all the parties to or EN-
Saged In said conspiracy Or combination.
whether principals or accessories shall he
deemed guilty OF felony, and upon Conviction
thereof shell be liable to penalty of not ex-
ceedng S10,0Co, to Imprisonment not exceed
ing-years, or both, at the discretion of the
court; provided, that any offense punishable
under this act, begun IN one judicial district
of the United States and completed in an
other, may be dealt with, inquired of, tried.
determined, and punished in either district
SEC. 3. That in all cases where insurrec-
tion, domestic violence, or unlawful combi-
nations or eonspiracies in any State, shall so
far obstruct or hinder the execution of the
laws thereof as to deprive any portion or class
OF the people of such State or any of the
rights, privileges or immunities, named in and
secured by this act, and the constituted au-
thorities OF such State shall either be unable
to, or shall from any cause fail in, or refuse
protection to the people in such rights, and
shall fail to apply to the President of the
United States for aid in that behalf such
facts shall be deemed denial by such State
OF the equal protection of the laws to which
they are entitled under the 14th article of
amendments to the Constitution of the
United States, and in all such cases it shall be
lawful for the President, and it shall be his
duty, to take such measures, by the employ
ment 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 suppression of such insurrection, do
mestic violence, or combination; and any
person who shall be arrested under the pro-
visions of this and the preceding section,
shall be delivered to the Marshal of the prop
er district to be dealt with according to law.
Sec. 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 numer-
GUS and powerful as to be able by violence to
either overthrow or set at defiance ihe con-
stituted authorities of such State, or when the
constituted authorities are in completely with,
or shall connive at the unlawful purposes of
such powerful and armed combinations, and
whenever, by reason of either or all of the
causes Aforesaid, the conviction of such offen-
ders and preservation OF the public safety
shall become in such district impracticable, in
every such case such combinations shall be
deemed a rebellion against the Government
OF the United States, aud during the contin-
uance OF such rebellion, and within the limits
of the district which shall be SO under the
sway thereof, such limits to be prescribed by
by Preela..~t.ss, IL -ebon hn lawful for tba
President of the United States, when in his
judgment the public safety shall require il, TO
suspend the privileges of the writ OF habeas
corpus, and to declare and enforce, subject to
the rules and articles OF war,and other laws of
the United States now in force, and applica-
BILE in cases of rebellion, martial law, to ths
end that such rebellion may be overthrowa,
provided, that the President shall first have
made proclamation as now provided by law,
commanding such insurgents to disperse; and
provide, also, that the provisions of this Sec
tion shall not be in force after the first day of
June, Ammo Domino, 1872.
SEC. 3. That nothing herein contained
shall be construed to supercede or repeal any
former act or law, except So far 40 the saruo
may be repugnaut thereto; and that offenses
heretofore committed against the tenor of any
former act shall be prosecuted, and anv pro-
ceedng already commenced for the prosecu-
tic thereof shall be continued and completed
the same as il this act had not been passed.,
except so far as the provisions OF this act may
60 to sustain and validate such proceedings.