Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-08-04

| of such conspiracy, whereby anv person
shall he injured in his person or PROPERTY.
or deprived of having and exercising any
right or privilege of citizen of the United
States, the person so injured or deprived
of such rights and privileges may have
and maintain an action for the recovery of
damages occasioned by such injury or de-
privation of rights and privileges against
any one or more of the persons engoged in
such conspiracy, such action to be prose-
cuted in the proper district or circuit court
| of the United States, with and subject to
the same rights of appeal, review upon err
ror, and other remedies provided in like
cases In such courts under the provisions
OF the act Of April ninth, eighteen hun
dred and siXty-siX entitled "An act tOprO-
tect all persons in the United States in
their civil rights, and to furnish the means
of the vindication" . ..H
| SEC. 3. That in all eases where insurrec-
ton, domestic violence, unlawful combi-
nations, or conspiracies in any State shall
so Obstruct or hinder the execution of the
laws thereof, and of the United States, as
deprive any portion or class of the people
of such State of any of the rights, privi-
| leges or immunities, or protection, 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 pro-
lection of the people in such rights, such
facts shall be deemed a denial by such
| State of equal protection of the laws to
which they are entitled under the Consti-
tuition of the United States and in all such
cases, or whenever any such instruction,
violence, unlawful combination, or con-
| spiracy shall oppose or obstruct the laws of
| the United States or the due execution
| threOf, or impede or Obstruct the due course
of justice under the sgme, it shall be law
| full for the President, and it shall be his
duty to take such measures by the en-
plOyment of the militia or the land and
naval forces of the United States, or of Ell
Their, or by other means, as he may deem
necessary for the suppression of such in
surrectiOn, domestic violence, or combina-
tions and any person who shall be arrest
ed under the provisions of this and the
preceding section shall be delivered to the
marshal of the proper district, to be dealt
with according to law.
| SEC. 4. 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 de-
fiance the constituted authorities of such
State and of the United States within
such State, or when the constituted au-
thorities 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 offenders and the preservation of the
public safety shall become in such district
impracticable, in every such case such
combinations shall be deemed q rebellion
against the government of the United
States, and during the continuance OF
such rebellion, and within the limits of
the district that 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 the public safety shall re-
quire it, to suspend the privileges OF the
writ of habeaS corpus, to the end that
such rebellion may be OverthrOwn: Pro
Uided, That all the provisions of the second
section of an act entitled IAN act relating
to habeas corpus, and regulating judicial
proceedings 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 refusing to obey the
order of the court, shall be in full force so
far as the same are applicable to The pro-
visions of this section: PrOUsded further,
That the President shall have first made
proclamation, as now provided by law,
commanding such insurgents to disperse
Ind prorided also, That the provisions of
this section shall not be in force after the
end of the next regular session of Con-
greSs.
SEC. ). That no person shall be a 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 arising 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
subscribeand oath in open court that he
has never, directly or indirectly, counsell-
ed, advised, or voluntarily aided any such
combination 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 aud penalties declared against that
crime, and the first section of the act en-
titled IAN act defining additional causes of
challenge and prescribing an additional
additiOal oath for grand and petit jurors in
the United States courts, appr0yed June |
seventeenth, eighteen hundred and sixty
two be, and the same is hereby, repealed. |
SEC. 6. That any person or persons haV- !
ing 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 preventing 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 wrongful act which |
such first named person or persons by
reasonable diligence could have prevent
ed; and such damages may be recovered
in all action on the case in the proper cir
cult court of the U. s., and any number
of persons 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 accrued;
and if the death of any person shall be