The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-06
THE KU-KLUX BILL.

The bill to enforce the provisions Of tn
fourteenth amendment to the constitution
of the United States, and for other pur
poses, which was passed by Congress, pro
vides that any person who, under color o
any law, statute, ordinance, regulation
custom, or usage of any State, shall sub
ject, or cause to be subjected, any person
within the jurisdiction of the United
States to the deprivation of any rights
privileges, or immunities secured by the
constitution of the United States, shall be
liable to the party injured in any action al
law, suit in equity, or other proceeding for
redress; such proceeding to be prosecuted
in the several district or circuit courts Of
the United States, with and subject to the
same rights of appeal, review upon error,
and other remedies provided in like cases
in such courts, under the provisions of the
laws of the United States which are in
their nature applicable in such cases.
The second section provides that if two or
more persons within any State or Territory
of the United States shall conspire together to
overthrow, or to put down, or to destroy by
force the government of the United States, or
to levy war against the United States, or to
oppose by force the authority of the govern
ment of the United States, or by force, intimi-
dation or threat to prevent, hinder or delay
the execution of any law of the United States,
or by force to seize, take, or possess any
property of the United States contrary to
the authority thereof, or by force, intimida~
ti0n or threat, TO prevent any person from
accepting or holding any office of trus
or place of confidence under the United
States, or from discharging the duties there
of, or by for ce, intimidation or threat to in
duce any officer of the United States to leave
any State, district or place, where his duties
as such officer might lawfully be performed, or
to injure him in bis person or property on &C
count of his lawful discharge of the duties of
bis office, or to injure his person while engaged
in the lawful discharge of the duties of bis
office, or to injure his property so as to molest
hinder, interfere with or impede him in the
discharge OF his official duty, or by force, in
timidation or threat to deter any party or
witness in any court of the United States from
attending such court, or from testifying in any
matter pending in such court, fully, freely and
truthfully, or to iDjure any such party or wit
ness in his person or property on account of
his having so attended or testified, or by
force, intimidation or threat to influence the
verdict, presentment or indictment of any
juror or grand juror in any court
of the United States, or to injure such
juror in bis person or property on account
of such verdict, presentment or indictment
lawfully assented to by him, or on account of
his being or having been such juror, or shall
conspire together, or 60 in disguise upon the
public highway or upon the premises of anoth-
er for the purpose, either directly or indirect
ly, of depriving any person or any class of per-
sons of the equal protection of the laws, or of
equal privileges or immunities under the laws,
or for the purpose of preventing or hinderng
the constituted authorities of any State from
giving or securing to all persons within such
State the equal protection of the laws, or shall
conspire together for the purpose of in any
manner impeding, hindering, obstructing, or
defeating the course of justice in any State
or Territory; with intent to deny to any
citizen of the United States the due and
equal protection of the laws, or to injure any
person in bis person or his property for lawfully
the right of any person or any class
of persons, to the equal protection of the laws,
or by force, intimidation, or threat to prevent
any citizen OF the United States lawfully enti-
tied to vote from giving his support or advoca-
cy in lawful manner towards or in favor of |
the election of any lawfully qualified person
as an elector of President or Vice President |
of the United States, or as q member of the |
Congress of the United States, or to injure
any such citizen in his person or property on
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 a |
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.
Section 8 provides that whenever any such |
violence, and unlawful combina- |
ton, or conspiracy shall oppose or ohstruct |
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 and naval forces Of |
the United States, or of either, or by both
means, as he may deem necessary for the sup
preston of such insurrection, domestic violence
or combinations.
Section A authorizes the President in case of
insurrection to suspend the privileges of the
writ of hobeas corpus to the end that such rev
belliOn may be overthrOwn Provided, That
the President shall first have made proclama-
ton, as now provided by law, commanding
such insurgents to dsperse And provided |
also, That the provisions of this section shall |
not be in force after the end of the next regu- |
lar session of Congress.
The remaining sections provide that every |
Juror in courts of the United States, in cases |
under this act, shall, before entering upon any |
such inquiry, hearing or trial, take and SUBJ
scribe an oath in open court that he has never,
directly or Indirectly, counseled, advised or
aided any such combination or con-
spiracy, 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 declared against that
crime, &c.
The substitute adopted for the Sherman
amendment in the bill, by the new conference
provides that any person or persons
having knowledge III at any of the wrongs con-
spired 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 prevents |
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 frstnamed person or persons by |
reasonable diligence could have prevented, |
and such damages may be recovered in an ac- |
ton 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 in such action |
provided that such action shall be COM |
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