New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-21

to vote, from giving his support or ad vocacy
IN lawful manner toward or in favor of the
election of any lawfully qualified person as
an elcctor OF President or Vice President of
the United States, or as a member of the
Congress OF the United States, or to
ihjure any such citizen in his person or
property on account Of such support or ad-
Vocacy. each and every person so offending
snail be deemed guilty Of high crime, and
Upon conviction thereof in any district or
circuit court of the United States or
H:strict or supreme court Of any Territory
OF the United States having jurisdiction of
similar offenses. shall be punished by fine
NOT less than Five hundred nor more than
eve thousand dollars, or nv imprisonment
with or without hard labor. as the court
may determine for period of not less
taan SIX months nor more than six years.
~ the court may determine or bv both such
nne 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 in
Iured IN his person or property, or deprived
OF having and exercising any right or prvi-
lege of citizen of the United States, the
person 40 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 or
more of the persons engaged in such CON
splracy, such action to be prosecuted in the
proper district or circuit court of the United
States, with and subject to the same rights
CT 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 sixty-six,
entitled IAN act to protect all persons in
l in t1,nir osx,:1 r:rvlks
20 furnish the means of their vindication"
SEC. 3. That in all cases where insurrec
ton. domestic violence, unlawful combina-
tons or conspiracies in any State shall SO
ooStruct or hinder the execution of the laws
thereof and Of the United States as to de-
prive any portion or class of the people
or such State OF any of the rights,
privileges or immunities or protection
named in the constitution and &C.
cured by this act, and the constituted
authorities of such State shall either be un-
able to protect, or shall from any cause fail
II or refuse protection of the people in such
rights, such facts shall he deemed a denial
by such State Of the equal protection of the
laws. to 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-
spiracy shall oppose or Obstruct the laws of
the [ nited 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 the
suppression of such instruction, 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 be dealt with according to law
SEC. 1. That whenever in any State or
part of State, the unlawful cOmbina-
tons 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 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 connive at
the unlawful purposes of such powerful and
armed combinations, and whenever by
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 ilnpracticable, in every such
case such combinations shall be deemed a re-
uelliOn against the government of the United
States, and during the continuance of such
rebellion, and within the limits of the
district which shall be SO under the sway
thereof, such limits to be prescribed by
proclamation. it shall he lawful for the
President of the United States, when in his
Judgment the public safety shall require it.
20 suspend the privileges Of the writ of
such rebellion may be overthrown.
Provided, that all tile provisions of the
second section of an act entitled IAN act
'elating to habeas corpus, and regulat-
~,
approved March third. eighteen hundred
and sixty-thrce, 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 he i'll full
force so far as the same are applicable to
the provisions Of this section. Provided
trrthcr, that the President shall first have
made proclamation, now provided by
law, commanding such insurgents to dis
.erse; and provided also. that the provi-
-ions Of this section shall not be in force
after the end of the next regular session OF
Congress.
SEQ. ). That no person shall he 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,
he in completely with any such combination
or conspiracy; and every such juror shall.
before entering upon any such inquiry.
bearing. or trial, take and subscribe an oath
n 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 addi-
tional oath for grand and petit jurors in the
United States courts approved June
seventeenth, eighteen hundred and sixty
Two. be and the same is hereby repealed.
SEC. 6. That any person or persons nav
.ng knowledge that any of the wrongs are
cOnspired to be done, and mentioned in the
second section OF this act, or are about to be
committed, and having power to prevent or
aid in preventing the same, shall neglect or
refuse SO to d. and such wrongful act shall
be committed, such person or persons shall
he liable to the perscn 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 NAV be recovered in an action ON
the case in the proper circuit court Of the
United States, and any number of
persons guilty OF such wrongful neg
iect. or REFUSED, may be joined as de
PENDANTS in such action, provided that such
action shall be commenced within one year
after such cause of action shall have &C
crued: and if the death of any person shall
be caused by any such wrongful act and aeg-
Iect, the legal representatives of such de-
ceased persons shall have such action there