New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-18

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thereof and of the United States "a tn =.
prive any portion or class of the peo y
Of such State OF any of the riub,s.
privileges or immunities or protect;'.
named in the constitution and y
cured by this act, and the constituts,
authorities of such State shall either no .'
able to protect, or shall from any cause ~ ~
in or refuse protection of the people in sn ai
rights. such facts shall be deemed den;sa1
by such State of the equal protection Of ~
laws. TO which they are entitled under tSs
constitution of the United States; and in i,
such cases, or whenever any such insurrss
ton, violence, unlawful combination or "a,
spiracy shall oppose or Obstruct the laws ~
the United States, or the due execution then
of. or impede or Obstruct the due course !,
Justice under the same, it shall be lawt%ss
for the President, and it shall be his duts
to take such measures, by the employme,
of the militia, or the land and naval forcesS
the United States, or of either, or by otS.s
means. as he may deem necessary. for ~
suppression of such insurrectiOn, domess.
violence or combinations; and any perso.
who shall be arrested under the proyisio1.
of this and the preceding section, shall l.
delivered to the marshal of the proper Il.
trict. to be dealt with according to lar,
SEC. 4. That whenever in any State =,
mart of State, the unlawful comh;n.
lions, named in the preceding section of TIL
act. shall be organized and armed. and :
numerous and powerful as to be able h.
violence to either overthrow or set at des
ance the constituted authorities of sn~
State and of the United States, within ana
State, or when the constituted authorize
are in completely with, or shall connive
the unlawful purposes of such powerful an
armed combinations, and whenever h
reason of either or all of the causes aforesai
the conviction of such offenders and M
servation of the public safety shall becon
in such district impracticable, in every sue
case such combinations shall be deemed a
bellion against the government of the Unite
States, and during the continuance of sne
rebellion, and within the limits of ii
district which shall be SO under the swa
thereof, such limits to be prescribed
proclamation, it shall be lawful for IN
President of the United States, when in ii
Judgment the public safety shall REQUIRE
to suspend the privileges of the writ q
habeas corpus, to the end tina
such rebellion may be overthrow
Provided, that all the provisions of Ii,
second section of an act entitled IAN ac
relating to habeas corpus, and regulat
ing judicial proceedings in certain cases
approved March third, eighteen hundred
and sixty-three, which relate to th
discharge of prisoners other than prisoner
of war, and to the penalty for refusing to
obey the order of the court, shall be in full
force SO far as the same are applicable b
the provisions of this section. Provided
further, that the President shall first hsys
made proclamation, as now provided By
law, commanding such insurgents to dis
InI $hn< 81,
siOns of this section shall not be in force
after the end Of the next regular session Of
Congress.
SEC. 5. That no person shall be grand
OF petit juror in any court Of the United
States, upon any inquiry. hearing or trial
any suit, proceeding or prosecution based
act, who shall, in the judgment of the court
be in completely with any such combnatim
or conspiracy; and every such juror shall
before entering upon any such inquiry,
hearing, or trial, take and subscribe an osh
in open court that he has never, directive
indirectly, counseled, advised or voluntanly
aided any such combination OF conspiracy
and each and every person who shall taxi
this oath, and shall therein swear falsely
shall be guilty of perjury, and shall be sub
ject to the pains and penalties declarl
against that crime, and the first section
the act entitled, IAN act defining additions
causes of challenge, and prescribing an add
tional oath for grand and petit jurors in sh
United States courts" approved JuN
seventeenth, eighteen hundred and sixty
two. be and the same is hereby repealed.
SEC. 3. That any person or persons nav
ing knowledge that any of the WRONGS
conspired to be done, and mentioned inth
second section of this act, or are about tpk
committed, and having power to prevents
aid in preventing the same, shall neglects
refuse so to do, and such wrongful act sh
be committed, such person or persons sh
be liable to the person injured. or his leg
representatives. for all damages causedb
any such wrongful act which such fir
named person or persons by reasOnah
diligence could have prevented. and sue
damages may be recovered in an actions
the case in the proper circuit court of th
United States, and any numbe, Q
persons guilty of such wrongful ne.
lect, or refusal, may be Joined as d
PENDANTS in such action, provided that sue
action shall be commenced within one yea
after such cause of action shall have at
crued: and if the death of any person shd
be caused by any such wrongful act and reg
lect, the legal representatives of such de
ceased persons shall have such action there
for. and may recover not exceeding fu
thousand dollars damages therein for thu
benefit of the widow of such deceased per
sons if any there be, or if there be no
widow, for the benefit of the next of kin Of
such deceased person.
SEC.7. That nothing herein contained shall
be construed to supercede or repeal any for
mer act or law except so far as the same may
be repugnant thereto, and any offenses here
tofore committed against the tenor Of any
former act shall be prosecuted, and any pro
ceeding already commenced for the prose
cution thereof shall be continued and com
pleted the same as if this act had not been
passed, except so far as the provisions Of
this act may go to sustain and validate such
proceedings.
Approved April 20, 1871.