The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-30

any citizen OF the United States lawfully emit
tied to vote from giving his support or advoca
cy in a lawful manner towards or in favor o
the election of any lawfully qualified person
as an elector of President or Vice Presiden
of the United States, or as a member of tht
Congress of the United States, or to injurt
any such citizen in his person or property or
account of such support or advocacy, each
and every person so offending shall be
deemed guilty OF high crime, and
upon conviction thereof in any district
or circuit court of the United States or
district or supreme court of any territory OF
the United States having jurisdiction of SINH.
lar offences, shall be punished by fine not less
| than FIVE hundred nor more than five thousand
dollars, or by imprisonment, with or without
| hard labor, as the court may determine, for q
period of not less than six months nor more
| than six years, as the court may determine, or
both such fine and imprisonment as the court
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 10 his person or proper-
ty, or deprived of having and exercising any
right or privilege of a 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 oc-
casioned by such injury or deprivation of
rights and privileges against any one or more
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 provi>
ded in like cases in such courts under the
provisions of the act of April ninth, eighteen
hundred and sixty-six, entitled can act to pros
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 insurrection,
domestic violence, unlawful combinations, or
oonspiracies in any State shall SO obstruct or
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-
tion OF the people in such rights, such facts
shall be deemed denial by such State of equal
protection of the laws to which they are en-
titled under the Constitution of the United
States; and in all such cases, or whenever any
such Instruction, violence, and unlawful COM
bination, or conspiracy shall oppose or obstruct
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
Vi VIC uliltid UT tue ldHu anu naval lOTCeS Oh
the United States, or of either, or by other
means, as he 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.
cording 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 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 tho unlawful purposes |
OF, such powerful and armed combina>
tions; and whenever, by',spl of either |
or all OF the causes aforesaid,l,, convic- |
ton of such offenders and the preservation 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 |
tlnuance OF such rebellion, and within the lin |
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 iudg- |
ment the public safety may require it, to sus- |
pend the privileges of the writ of habeas 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
such insurgents to dispense And provided
also, That the provisions of this section shall
not be in force after the end of the next reou-
lar session of Congress.
SEC. b. 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 arts.
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, counseed, ad,
vised, or voluntarily aided any such combine
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-
ciared against that crime, and the first section
VI sno aCt eutltleu IAN act defining additional |
causes of challenge and prescribing an addi,
tional oath for grand and petit Jurors in the
United States courts" approved June sevens
teenth, eighteen hundred and sixty-two, be,
and the same is hereby, repealed.
SEC. =. 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,
ana having power to prevent or aid in prevent.
ing the same shall neglect or refuse to do, and
'uch 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
Whlch SUCH hrst-named person or persons by
reasonable diligence could have prevented,
ana sucn damages may be recovered in an ac-
non on the case in the proper circuit court of
me United States, and any number of persons
guilty OF such wrongful neglect or refusal may
De Joined as defendants in such action;
provided that such action shall be COM
nenced within one year after such cause of
iction shall have accrued, and if the death of
any person shall be caused by any such wrong
III act and neglect, the legal representative of
uch deceased person shall have such action |
nere1or, aud may recover not exceeding
30, OO0 damages thereon for the benefit of the
WIDOW OF such deceased person, if any there
,e, or, II there be no widow, for the benefit of
ne next OF kin of such deceased person.
SEC Z. That nothing herein contained shall
construed to supersede or repeal any former
'ct or law except SO far as the same may be
epugnant thereto; and any offences hereto
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