CONGRESS, UNITED STATES. 



229 



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 by both such fine and im- 

 prisonment as the court shall determine. And if any 

 one or more persons engaged in any such conspiracy 

 shall do. or cause to be donCj any act in furtherance 

 of the obiect of such conspiracy, whereby any per- 

 son shall be injured in his person or property, or de- 

 prived of having and exercising any right or p*rivi- 

 jege of a citizen of the United States, the person so 

 injured or deprived of such rights and privileges may 

 have and maintain an action tor the recovery of dam- 

 ages occasioned 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 district or circuit court 

 of the United States, with and subject to the same 

 rights of appeal, review upon error, and other reme- 

 dies provided in like cases in such courts under the 

 provisions of the act of April ninth, eighteen hun- 

 dred and sixty-six, " An act to protect all persons in 

 the United States in their civil rights, and to furnish 

 the means of their vindication." 



SEC. 3. That in all cases where insurrection, do- 

 mestic violence, unlawful combinations, or conspira- 

 cies in any State shall so obstruct or hinder the ex- 

 ecution 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 protection, 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 protection of the people in 

 such rights, such facts shall be 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 insurrection, violence, unlawful combina- 

 ation, or conspiracy shall oppose or obstruct the laws 

 of the United States or the due execution thereof, 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 em- 

 ployment 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 

 insurrection, domestic violence, or combinations ; 

 and any person who shall be arrested under the pro- 

 visions of this and the preceding section shall be 

 delivered to the marshal of the proper district, to be 

 dealt with according to law. 



SEC. 4. That whenever in any State or part of a 

 State the unlawful combinations named in the pre- 

 ceding 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 defiance 

 the constituted authorities of such State and of the 

 United States within such State, or when the con- 

 stituted authorities are in complicity with, or shall 

 connive at the unlawful purposes of, such powerful 

 and armed combinations ; and whenever, by reason 

 of either or all of the causes aforesaid, the conviction 

 of such offenders and the preservation of the public 

 safety shall become in such district impracticable, in 

 every such case such combinations shall be deemed 

 a rebellion 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 be lawful for the President 

 of the United States, when in his judgment the pub- 

 lic safety shall require it, to suspend the privileges of 

 the writ of habeas corpus, to the end that such rebel- 

 lion may be overthrown : Provided, That all the pro- 

 visions of the second section of an act entitled "An 

 act relating to habeas corpus and regulating 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 far 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 disperse : And provided also, That 

 the provisions 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 a grand or petit 

 juror in any court of the United States upon any in 

 quiry, hearing, or trial of any suit, proceeding, or 

 prosecution based upon or arising under the pro- 

 visions of this act who shall, in the judgment of the 

 court, be in complicity 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, advised, or 

 voluntarily aided any such combination or conspira- 

 cy ; 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, and the first 

 section of the act entitled " An act defining ad- 

 ditional 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, having knowl- 

 edge that 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 preventing the same, shall neglect or refuse 

 so 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 action 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: Pro- 

 mded, That such action shall be commenced within 

 one year after such cause of action shall have ac- 

 crued ; and if the death of any person shall be caused 

 by any such wrongful act and neglect, the legal rep- 

 resentatives of such deceased person shall have such 

 action therefor, and may recover not exceeding five 

 thousand dollars damages therein, for the benefit of 

 the widow of such deceased person, if any_ there be, 

 or if there bo no widow, for the benefit of the next 

 of kin of such deceased person. 



SEC. 7. That nothing herein contained shall be con- 

 strued to supersede or repeal any former act or law 

 except so far as the same may be repugnant thereto ; 

 and any offences heretofore committed against the 

 tenor of any former act shall be prosecuted, and any 

 proceeding already commenced for the prosecution 

 thereof shall be continued and completed, 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. 



The following resolutions, relative to the 

 employment of the navy at St. Domingo, were 

 offered in the Senate, by Mr. Sunnier, of Mas- 

 sachusetts. On March 27th they were called 

 up, and Mr. Sumner addressed the Senate : 

 Resolutions regarding the employment of the Navy of 



the United States on the coasts of St. Domingo, during 



the pendency of negotiations for the acquisition of part 



of that island. 



Whereas, Any negotiation "by one nation with a 

 people inferior in population and power, having in 

 view the acquisition of territory^ should be above all 

 suspicion of influence from superior force, and in tes- 

 timony to this principle Spain boasted that the rein- 



