New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-19

! | force, intimidation or threat to prevent a y
y citizen ofthe United States. lawfully EMIT ed
to vote, from giving his support or advocacy
in a lawful manner toward or in favor of tbs
election Of any lawfully qualified person az
an electOr Of President or Vice President oj
the United States. or as member OF The
Congress Of the United States, or "a
injure any such cit zen in his person OF
property on account Of such support or adj
vocacv each and every person SO otfendinp
shall he deemed guilty of high crime. and
upon conviction thereof in any district OF
circuit court of the United States or
district or supreme court of any Territol Y
of the United States having jurisdiction Of
similar otfenses 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 a period of not less
than SIX months nor more than six wears
as the court may determine, or by both such
line and imprisonment as the court shall
determine. And if any one or more
persons engaged in any such conspiracy
! shall do, or cause to be done. any
act in furtherance of the object of such con-
spiracy, whereby any person shall be il
uredin his person or property, or deprived
Of having and exercising any right or priyi-
! lege Of citizen Of the United States, ire
person 80 injured or deprived of such rights
and privileges may have and maintain an
action for the recovery of damages occa-
stoned by such injury or deprivation OF
| rights and privileges, against any one OF
more OF the persons engaged in such con-
| spiracy. such action to be prosecuted in the
proper district or circuit court of the United
States, with and subject to the same rights
| If appeal. review upon error and other
remedies provided in like cases. in such
! courts. under the provisions Of the act OF
April ninth, eighteen hundred and sixtv-six,
entitled AN act to protect all persons IN
The United States in their civil rights. ara
to furnish the means of their vindication.
SEC. 3. That in all cases where insurrec-
ton, domestic violence, unlawful combiua-
| tons or cOnspiracies in any State shall so
obstrUct or hinder the execution Of the laws
thereof and of the United States as TO de-
prive any portion or class Of the people
of such State of any Of the rights,
privileges or inmuDities or protection
named in the constitution and Sc
cured by this act. and the constituted
authorities OF such State shall either be TN
able to protect. or shall from any cause fail
in or refuse protection of the people in such
rights, such facts shall be deemed denial
by such State 0. the equal protection OF the
laws. 10 which they are entitled under the
constitution Of the United States; and in all
such cases, or whenever any such insurrec-
ton, violence. unlawful combination or con-
splracy shall oppose or obstruct the laws of
the United States. or the due execution there
OF, 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 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 tho
suppression OF such insurrection domestic
violence or combinations; and any person
who shall be arrested under the provisions
of this and the preceding section. shall he
delivered to the marshal of the proper dis
trict, to he dealt with according to law.
SEC. !. That whenever in any state OF
part of a State, the unlawful conbna-
tons. named in the preceding section of tbs
act. shall be organized and armed, and 50
numerous and powerful as to be able by
violence to either overthrow or set at def
ance the constituted authorities of such
State and of the United States. within such
State, or when the constituted authorities
are in completely with, or shall conniye a.
the unlawful purposes of such powerful and
armed combinations. and whenever b.
reason ofeither or all of the causes aforesaid
the conviction of such offenders and pre-
servation OF the public safety shall become
in such district impracticable. in every such
case such combinations shall be deemed re
helllon against the government OF the United
States. and during the continuance OF such
rebellion. and within the limits OF lie
district which shall be so under the sw..
thereof, such limits to be prescribed by
proclamation. it shall he lawful for TIE
President OF the United States. when in lis
Judgment the public safety shall require J..
to suspend the privileges of the Wit CT
such rebellion may be overthrown.
Provided. that all the provisions of The
second section of an act entitled IAN al.
relating to habeas corpus, and rcguia--
ing judicial proceedings in certain cases"
approved March third. eighteen hundred
discharge of prisoners other than prisoners
of war, and to the penalty for refusing -
obey the order of the court shall be in full
force so tar as the same are applicable .
the provisions OF this section. Provided
further. that the President shall first have
made proclamation. as now provided tv
law. commanding such insurgents to dis
perse and provided also. that the provi-
sion> 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 i'll 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,
he 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, counseled. 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 sub
iect to the pains and penalties declared
against that crime. and the first section OF
the act entitled. IAN act defining additional
causes Of challenge. and prescribing an add
tional oath for grand and petit jurors in the
United States courts approved june
seventeenth. eighteen hundred and sixt--
two. be and the same is hereby repealed.
SEC. +. That any person or persons nav
ing knowledge that any of the wrongs are
to be done. and mentioned in tie
second section of this act, or are about 10 be
committed. and having power to preven. 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
for all damages caused by
any SUCK wrongful act which such first
named person or persons by reasonable
tlllSence could have prevented. and such
damages may he recovered in an action oh
he case IN the proper circuit court of the
| nlted States. ami any number et
persons guilty of such wrongful neu-
ect. or refusal. may be joined as de-
endants IN such action, provided that such
action shall be commenced within one yeaf,
liter such cause OF action shall have ac-
'rued: and II the death Of any person Stall
,c caused by any such wrongful act and npr-
ect, the legal representatives of such de-
Il I =