New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-06

to vote, from giving his support or adva
in a lawful manner toward or in favor os ~
election of any lawfully qualified perso, we
an elector of President or Vice President
the United States, or as a member NJ ~ III
Congress of the United States. on 'a a
iniure any such citizen in his person 70
property on account of such support or -. "
yocacy, each and every person so offend;H:
shall be deemed guilty of high crime ans
circuit court of the United States VI
district or supreme court of any Terr;tooors
of the United States having jurisdicton y
similar otfenses, shall be punished bv fra
not less than five hundred nor more tbas
five thousand dollars, or by imprisonmen.a
with or without hard labor, as the con,,
may determ inc for period of not lsss
than six months nor more than six ve.rs
as the court may determine, or by both suc5
fine and imprisonment as the court shan
determine. And if any one or mora
persons engaged in any such conspiracv
shall do, or cause to be done. AM
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 priv.
Iege of a citizen of the United States. tho
person so injured or deprived of such rights
and privileges may have and maintain an
stoned by such injury or deprivation Of
rights and privileges, against any one or
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
of appeal, review upon error and Other
remedies provided i'll like cases, in such
courts, under the provisions of the act of
April ninth, eighteen hundred and sixty-six.
III
the United States in their civil rights, and
to furnish the means of their vindicatiop.n
SEC. 3. That in all cases where insured.
tiou. Domestic violence, unlawful combina.
tions or conspiraces 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 peoDIe
of such State of any OF the rights,
privileges or immunities or protection
named in the constitution and Sc.
cured by this act, and the constituted
authorities of such State shall either be un.
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 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-
spiracv 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 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 be
delivered to the marshal of the proper dis
trict, to be dealt with according to law
SEC. 4. That whenever in any State or
part of State, the unlawful combine
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 of ether or all of the causes aforesaid
the conviction of such offenders and pre-
seryation of the public safety shall become
in such district impracticable, in every such
case such combinations shall be deemed re-
bellion 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,
to suspend the privileges of the writ of
habeas corpus, to the end that
such rebellion may be overthrow.
Provided, that all the provisions OF the
second section of an act entitled IAN act
relating to habeas corpus, and regulat-
ing 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 tar as the same are applicable to
the provisions of this section. Provided
further. that the President shall first have
made proclamation. as now provided by
law, commanding such insurgents to dis
perse; and provided also, that the provi-
slons OF this section shall not be IN force
alter the end OF the next regular session OF
Congress.
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'thls
act. who shall, in the judgment of the court.
be III conpllcity with any such combination
or conspiracy; and every such Juror shall,
before entering upon any such inquiry,
nearing, 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 he guilty of perjury, and shall be sub
lcc' 10 the pains and penalties declared
against that crime, and the first section of
.he ACT entitled, IAN act defining additional
causes OF challenge. and prescribing an addi-
Toiai oath for grand and petit jurors in the
'hiteu states courts, approved june
seNeIteenth, eighteen hundred and sixty
'W". oe ana the same is hereby repealed.
oEC. o. mat any person or persons nav
ing knowledge that any of the wrongs are
collSplred to be done, and mentioned in the
second section of this act or are about to be
collihltted, and having power to prevent or
ait III preventing the same. shall neglect or
refuse so to do and such wrongful act shall
pe committed, such person or persons shall
oe ll"ole TO the person injured, or his legal
49, Tor all damages caused by
any SUCH wrongful act which such first
Iaihed person or persons by reasonable
9llSence could have prevented. and such
eeS may be recovered in an action on
I In;. case in the proper circuit court OF the
ne m..tn states, and any number of
prisons guilty of such wrongful neg
f go or re1usal, may be Joined as de-
PENDANTS in such action. provided that such
"c'ion snail be commenced within one wear
"a'er such cause of action shall have ac-
EIlueu, ana Ii the death of any person shall
I pe caused by any such wrongful act and neg
loct' the legal representative of such de.
~, persons shall have such action there
w. ana may recover not avcooJ;pg five