The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1871-04-28

BAOPCI VI OAAkAAN OOA-N VI
the Uaited States, with and subject
to the same rights Of appeal, review
upon error, and other remedies pro-
Vlded in like cases in such courts,
under the provisions Of the act Of
april 9th, 1866, entitled "An act to
erosect all persons in the United
SS@o:s In their civil rights, and to
iutnlsh = means for their Viudieatioa.
&c .. That in all cases where in
surrecTlon, domestic violence nm.
ia"lul combination % or eonspiracies.
in any State, shall so obsctTuct and
hinder the execution of the lsva
thereof and the United States az r.
deprive any poZtion or class Of neo-
pie in such States Of any rights. pri-
vileges, or immunities, or the 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 orrefuss
protection to the people in such
rights, such facts shall be deemed a
denial by such State Of an equal pro
tection of the laws to which they
are entitled under the Constitution
of the United States, and in all such
cases, or whenever any such insur-
rection, violence, unlawful combina-
tion or conspiracy, shall oppose or
obstruct the laws Of the United
States or the due execution 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 militia or the
land and naval forces Of the United
States, or of either, or by such other
means as he may deem necessary for
the suppression of such insurrection,
domestic violence or combinations,
and any person who shall be srres-
ted under the provisions of the pre-
ceding sections shall be delivered to
the marshal proper of the district to
be dealt with according to law.
SEC. 4. Whenever, in any State or
part of State, the unlawful combi-
nations named in the preceding sec
tious 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 when the constituted
authorities are in completely with or
shall conniVe at the unlawful pur-
poses of such powerful and armed
combinations, and whenever, by Tea-
son of either or all the causes afore-
said, the conviction of such offend
ers and the preservation Of public
safety shall become in such district
impracticable, in every such case
such nominations shall be deemed
in rebellion against the government
of the United States, and during the
continuance Of such rebellion and
within the limits Of the district
which shall so be 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 judgment, pub
lie safety shall require it, to suspend
the privilege of the writ of habess
corpus to the end that such rebeli-
en- may be overthrow, provided
thaq all the provisions Of the second
section of an act entitled "an act re-
lating to habeas corpus and regulat-
| ing judicial proceeding in certain
cases." approved March 9, 1858,
which relates to the discharge of
| prisoners other than prisoners of
war, and to the penalty for refusing
to obey an order of court, shall be
in full force so far as tks same are
applicable to the provisions Of this
section; provided, further, that the
President shall first have made a
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. 3. That no person shall be
a grand or petit juror in any court
of the United States upon any in
quiry, hearing or trial in any suit,
proceeding or prosecution based
upon or arising under the prosection
based upon or arising under the pro-
visions of this act, who shall, in the
Judgment of the court, be in compli-
city with any such combination or
conspiracy, and every such person
shall before entering upon any such
inquiry, hearing OF trial, take and
subscribe to an oath in open court
that he has never, directly or indi-
reetly, counseled, advised or volun-
tarily aided any such combination
or conspiracy, and if each and every
such person shall, before entering
upon any such inquiry, hearing or
trial, take and subscribe to an oath
in open court that he has never, di-
rectly or indirectly, eounseled, ad-
! vised or voluntarily aided any such
combination or conspiracy, and If
each and every person who has Ia
ken this oath shall thereon swear
falsely, shall be guilty IF perjury
and shall be subject to the pains and
penalties declared against chat crime,
in the first section Of the act enti-
tied, can act defining additional
cause for challenge and prescribing
an additional oath for grand and
petit jurors in the United States
courts" approved June II, 1852, be
and the same is hereby repealed.
SEC. 6. That any person or persons
having knowledge that any wrongs
conspired to be done, and mentioned
in the second section of this act, are
aboat to be committed and having
power to prevent and aid in prevent
ing 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 wrong.
full act, which such first named per
| son or persons, by reason Of able
diligence could have prevented and
! such damages may be recovered il
an action in the proper Circuit Cour
g Of the United States, and any numb
8 er of persons guilty Of such wrong
e full neglect or refusal, may be joined