The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-20

any citizen OF the United States lawfully emit
tied to vote from giving his support or advocs
q cy in lawful manner towards or IN favor q
the election of any lawfully qualified perso
| az an eleotor of President or Vice Presider
of the United States, or as a member of th
, Congress of the United States, or to injur
! any such citizen In his person or property O.
account of such support or advocacy, eac
and every person SO offending shall ,
upon conviction thereof in any distric
or circuit court of the United States o
district or supreme court of any territory o
the United States having Jurisdiction of SINH
lar offences, shall be punished BY line not les
than five hundred nor more than i've Thousand
dollars, or by imprisonment, with or withou
hard labor, as the court may deter mine, for
period of not less than six months nor more
| than six years, as the court may determine, OF
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 oil
the object of such conspiracy, whereby any
person shall be injured in his person or proper-
| ty, 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 main
tain an action for the recovery Ct damages oc-
cssioned 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 10 such courts under the
| provisions of the act of April ninth, eighteen
hundred and sixty-six, entitled can act to pro.
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 instruction,
domestic I'M mr.
conspiracies 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 proteo-
ton OF the people in such rights, such facts
shall be deemed denial by such State ofequal
protection of the laws to which they are en-
titled under the Constitution of the United
States and Ia all such cases, or whenever any
such iasurrection, violence, and unlawful CON-
bination, or conspiracy shall oppose or obstruct
the laws OF the United States, or the due exc
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 bis
duty to take such measures, by the employment
OF the militia or the land aud naval forces OF
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 BIZ dealt with &C.
cording to law.
SEQ 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 |
n fpl ae ff, ho oh h. 10. -.
overthrow or set at defiance the constituted |
authorities OF such State, and of the United |
States within such State or when the const-
tuted authorities are In completely with, or |
shall connive at the unlawful purposes |
OF, such powerful and armed combina>
tons; and whenever, by reason of either
or all OF the causes aforesaid, the convic-
tion 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 con-
tinuance OF such rebellion, and within the lin.
its of the district which shall be so uoder 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 judg-
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 "An 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
IN A..I Ill |
also, That the provisions of this section shall
not be in force after the end of the next regu-
lar session of Congress.
SEC. s. 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, counselled, adj
vised, or voluntarily aided any such oQmbina-
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-
clared against that crime, and the first section
OF the act entitled can act defining additional
causes of challenge and prescribing an add,
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. 8. That any person or persons having
knowledge u at 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 prevent
ing the same shall neglect or refuse 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 prevented,
and such damages may be recovered in an ac-
lion on the case in the proper circuit court of
The United States. and any number of persons
guilty of such wrongful neglect or refusal may
be joined as defendants ia such action
provided that such action shall be com
nenced within one year after such cause of
action shall have accrued, and if the death of
my person shall be caused by any such wrong
ul act and neglect, the legal representative of
uch deceased person shall have such action
heretor, and may recover not exceeding
%, 600 damages thereon for the benefit of the
widow OF such deceased person, If any there
,e, or, it there be no widow, for the benefit of
he next OF kin of such deceased person.
Sec. 4. That nothing herein contained shall
construed to supersede or repeal any former
lct or law except SO far as the same may be
thereto; and any offences hereto
ore committed against the tenor of any former
ct eh al ba tad nd |