&c. at Saint Louis 1870, ch. 292. Vol. xvi. p. 297. See Post p. 44. Salary of con June thirtieth, eighteen hundred and seventy-one, and for other purposes," for the erection of a public building in the city of Saint Louis, Missouri, for the use of the custom-house and other civil offices of the government of the United States, shall be extended and made available for and during the year ending June thirtieth, eighteen hundred and seventy-two. SEC. 25. That the salary of the consul at Matamoras, Mexico, be essul at Matamoras tablished at two thousand dollars per annum for the fiscal year ending June thirtieth, eighteen hundred and seventy-one, and thereafter. established. Deputy assistant treasurer in New York city. Increased compensation to assistant marshals. Life-saving stations on the coast of New Island. 1854, ch. 1. Vol. x. p. 597. That there be paid to the deputy assistant treasurer in the office of the assistant treasurer in the city of New York the sum of six hundred dollars, the same being a deficiency in his compensation for the present fiscal year. SEC. 26. That there be, and is hereby, appropriated, for increased compensation to assistant marshals in taking the census of eighteen hundred and seventy, the sum of three hundred and fifty thousand dollars. SEC. 27. That for the purpose of more effectually securing life and property on the coast of New Jersey and Long Island for the fiscal year Jersey and Long ending June thirty, eighteen hundred and seventy-two, two hundred thousand dollars, to be expended in accordance with the provisions of the "Act for the better preservation of life and property from vessels shipwrecked on the coast of the United States," approved December fourteenth, eighteen hundred and fifty-four, and that the Secretary of the Treasury be authorized to employ crews of experienced surfmen at such stations and for such periods as he may deem necessary and proper, and at such compensation as he may deem reasonable, not to exceed forty dollars per month for each person to be employed. Experienced surfmen. Act of tain claims to the commission- Vol. xiv. pp. That the jurisdiction conferred by the joint resolution of June eighteen, 1871, ch. 116, 2, eighteen hundred and sixty-six, in regard to claims from the counties of Vol. xvi. p. 524, not to give juris. Berkeley and Jefferson, in the State of West Virginia, and by the joint diction over cer- resolution of July twenty-eight, eighteen hundred and sixty-six, in regard to claims from the State of Tennessee, and by the joint resolution of December twenty-three, eighteen hundred and sixty-nine, as amended by by the act of March three, eighteen hundred and seventy-one, in regard to steamboats and other vessels, shall not be withdrawn or impaired by any construction of the law creating commissioners of claims to examine claims arising in States proclaimed to be in insurrection, and the jurisdiction upon all claims presented by loyal citizens from said State of Tennessee, and from said counties of Berkeley and Jefferson, to the proper department before the third of March, eighteen hundred and seventy-one, shall remain as before the passage of said act creating said commissioners of claims. For covering the steam-pipes in the Capitol with fire-proof non-condueting felting, eight thousand dollars. Covering steampipes in the Cap itol. SEC. 28. That there be, and is hereby, appropriated, to pay expenses of the legislative assembly of Wyoming Territory, convened October, anno Domini eighteen hundred and seventy, and for printing journals of said assembly, and incidental expenses of the office of secretary for the year eighteen hundred and seventy, the sum of four thousand two hundred and fifty dollars. SEC. 29. That three thousand dollars is appropriated, out of which such sum shall be paid to John Thompson Mason, late collector of the port of Baltimore, for services rendered in the disbursement of the lighthouse fund, and for services performed for lighthouse purposes outside the limits of his collection district, such sum as the Secretary of the Treasury may find legally due and owing to said party on an adjustment of his accounts by the Treasury Department. SEC. 30. That the act approved January the twenty-second, anno Domini eighteen hundred and sixty-seven, entitled "An act to fix the times for the regular meetings of Congress," be, and the same is hereby, repealed after the adjournment of the present session of Congress. APPROVED, April 20, 1871. CHAP. XXII. —An Act to enforce the Provisions of the Fourteenth Amendment to the April 20, 1871. the United Be it enacted by the Senate and House of Representatives of the United any law, &c. of States of America in Congress assembled, That any person who, under any State, decolor of any law, statute, ordinance, regulation, custom, or usage of any of any right, &e. priving another State, shall subject, or cause to be subjected, any person within the secured by the jurisdiction of the United States to the deprivation of any rights, privi- Constitution of leges, or immunities secured by the Constitution of the United States, States, made shall, any such law, statute, ordinance, regulation, custom, or usage of liable to the parthe State to the contrary notwithstanding, be liable to the party injured Proceedings to ty injured. in. any action at law, suit in equity, or other proper proceeding for be in the courts redress; such proceeding to be prosecuted in the several district or cir- of the United States. cuit courts of the United States, with and subject to the same rights of 1866, ch. 31. appeal, review upon error, and other remedies provided in like cases in Vol. xiv. p. 27. such courts, under the provisions of the act of the ninth of April, eigh-Penalty for teen hundred and sixty-six, entitled "An act to protect all persons in the force to put United States in their civil rights, and to furnish the means of their vin- down the governdication"; and the other remedial laws of the United States which are United States, in their nature applicable in such cases. conspiring by ment of the &c.; or to hinder the execution of any law of the United States; or to seize any property of the United States; or to prevent any person from United States; &c.; SEC. 2. 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 government of the United States, or by force, intimidation, 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 holding office, contrary to the authority thereof, or by force, intimidation, or threat to &c. under the prevent any person from accepting or holding any office or trust or place or to induce of confidence under the United States, or from discharging the duties any officer to thereof, or by force, intimidation, or threat to induce any officer of the leave the State, United States to leave any State, district, or place where his duties as or to injure such officer might lawfully be performed, or to injure him in his person him in person or or property on account of his lawful discharge of the duties of his office, Ping, or to preproperty while or to injure his person while engaged in the lawful discharge of the duties vent his doing, of his office, or to injure his property so as to molest, interrupt, hinder, his duty; or to prevent or impede him in the discharge of his official duty, or by force, intimida- any party or tion, or threat to deter any party or witness in any court of the United witness from atStates from attending such court, or from testifying in any matter pend- tending court or testifying thereing in such court fully, freely, and truthfully, or to injure any such party in; or witness in his person or property on account of his having so attended or to injure or testified, or by force, intimidation, or threat to influence the verdict, him for go attending or testipresentment, or indictment, of any juror or grand juror in any court of fying; the United States, or to injure such juror in his person or property on account of any 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 go in disguise upon the public highway or upon the premises of another for the purpose, either directly or indirectly, of de- &c. priving any person or any class of persons of the equal protection of the Penalty for laws, or of equal privileges or immunities under the laws, or for the pur- going in disguise pose of preventing or hindering the constituted authorities of any State upon the public from giving or securing to all persons within such State the equal pro- deprive any perhighway, &c. to tection of the laws, or shall conspire together for the purpose of in any son or class of manner impeding, hindering, obstructing, or defeating the due course of equal rights, &c. justice in any State or Territory, with intent to deny to any citizen of the under the laws; or to prevent United States the due and equal protection of the laws, or to injure any the State auperson in his person or his property for lawfully enforcing the right of thorities from any person or class of persons to the equal protection of the laws, or by their equal force, intimidation, or threat to prevent any citizen of the United States rights. lawfully entitled to vote from giving his support or advocacy in a lawful Penalty for or to influence the conduct of any juror; or to injure any juror on ac count of his acts, conspiring or protecting all in conspiring to obstruct, &c. the due course of justice, &c. in any State with intent to deny to any citizen his equal rights under the law; or, by force, &c. to prevent any citizen entitled to vote in a lawful man of any person, Courts. 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 a 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 a 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 similar offences, shall be punished by from advocating a fine not less than five hundred nor more than five thousand dollars, or ner the election 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 by both such fine 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 conspiracy, whereby any person shall be injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the person so injured or thereby injuring deprived of such rights and privileges may have and maintain an action for the recovery of damages occasioned by such injury or deprivation of rights and privileges against any one or more of the persons engaged in Proceedings to 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 remedies provided in like cases in such courts under the provisions of the act of April ninth, eighteen Vol. xiv. p. 27. hundred and sixty-six, entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication." Any conspirator doing, &c. any act in furtherance of the object of the conspiracy, and another, to be liable in damage, therefor. be in courts of the United States. 1866, ch. 31. What to be deemed a denial by any State to any class of its people of their equal protection under the laws. When the due execution of the SEC. 3. That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution 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 combination, 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 do what he may under the same, it shall be lawful for the President, and it shall be his deem necessary 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 insurrection, domestic violence, or combinations; and any person who shall be re:ted to be de- arrested under the provisions of this and the preceding section shall be delivered to the marshal of the proper district, to be dealt with according to law. laws, &c. is ob structed by violence, &c. the President shall to suppress such violence, &c. Persons ar livered to the marshal. What unlaw of the United States. SEC. 4. That whenever in any State or part of a State the unlawful ful combinations combinations named in the preceding section of this act shall be organto be deemed a rebellion against ized and armed, and so numerous and powerful as to be able, by viothe government lence, to either overthrow or set at defiance the constituted authorities of such State, and of the United States within such State, or when the constituted 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 During such rebellion, and limits, the Presi dent may sus pend the writ of act 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 within certain to be prescribed by proclamation, it shall be 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 habeas corpus. such rebellion may be overthrown: Provided, That all the provisions of Provisions of the second section of an act entitled "An act relating to habeas corpus, 1868, ch. 81, § 2, and regulating judicial proceedings in certain cases," approved March Vol. xii. p. 755, third, eighteen hundred and sixty-three, which relate to the discharge of made applicable prisoners other than prisoners of war, and to the penalty for refusing to Proclamation obey the order of the court, shall be in full force so far as the same are to be first made, applicable to the provisions of this section: Provided further, That the Vol. i. p. 424. President shall first have made proclamation, as now provided by law, Vol. xii. p. 282. commanding such insurgents to disperse: And provided also, That the See pp 949-954. provisions of this section shall not be in force after the end of the next not to be in force regular session of Congress. after, &c. hereto. &c. This section Certain per sons not to be jurors in certain cases. Jurors to take oath. False swear SEC. 5. 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 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 conspiracy; and ing in taking each and every person who shall take this oath, and shall therein swear this oath to be falsely, shall be guilty of perjury, and shall be subject to the pains and perjury. penalties declared against that crime, and the first section of the act Repeal of first entitled "An act defining additional causes of challenge and prescribing section of act an additional oath for grand and petit jurors in the United States courts," Vol. xii. p. 480. approved June seventeenth, eighteen hundred and sixty-two, be, and the the same is hereby, repealed. 1862, ch. 108. and caused thereby. United States. SEC. 6. That any person or persons, having knowledge that any of Any person the wrongs conspired to be done and mentioned in the second section of knowing that certain wrongs this act are about to be committed, and having power to prevent or aid are about to be in preventing the same, shall neglect or refuse so to do, and such wrong- done, and having ful act shall be committed, such person or persons shall be liable to the power to prevent, &c., negperson injured, or his legal representatives, for all damages caused by lects so to do, any such wrongful act which such first-named person or persons by such any wrong is done, reasonable diligence could have prevented; and such damages may be is made liable for recovered in an action on the case in the proper circuit court of the all damages United States, and any number of persons guilty of such wrongful Suits therefor neglect or refusal may be joined as defendants in such action: Provided, in courts of the That such action shall be commenced within one year after such cause Who may be of action shall have accrued; and if the death of any person shall be joined as defendcaused by any such wrongful act and neglect, the legal representatives ants. Limitation. of such deceased person shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the caused by such benefit of the widow of such deceased person, if any there be, or if there wrongful act, be no widow, for the benefit of the next of kin of such deceased person. sentatives of dethe legal repreSEC. 7. That nothing herein contained shall be construed to supersede ceased may or repeal any former act or law except so far as the same may be repug- &c. and for maintain action, nant thereto; and any offences heretofore committed against the tenor whose benefit. of any former act shall be prosecuted, and any proceeding already comFormer laws, menced for the prosecution thereof shall be continued and completed, the &c. not repealed, 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. &c. If death is Former offences to be prosecuted. April 20, 1871. CHAP. XXIIL — An Act for convening the next legislative Assembly of the Territory of New Mexico, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United Legislature of States of America in Congress assembled, That the legislature of the TerTerritory of New ritory of New Mexico be, and it is hereby, authorized to convene on the first Monday of December, A. D. eighteen hundred and seventy-one ; and that an election for the members of both branches of said legislature be authorized to be held on the day of the next general election, under the existing laws of said Territory. Mexico may convene on, &c. Election authorized. APPROVED, April 20, 1871. April 20, 1871. CHAP. XXIV.—An Act concerning the Compensation of the Collector of Customs for the District of Willamette, in the State of Oregon. tor of customs in Be it enacted by the Senate and House of Representatives of the United Pay of collec- States of America in Congress assembled, That section one of the act Willamette col- approved June fourteenth, eighteen hundred and seventy, entitled "An lection district, act to establish the collection district of Willamette, in the State of OreOregon. 1870, ch. 127, 1. gon," shall be, and is hereby, amended as follows: Strike out all of said Vol. xvi. p. 150. section after the words "to reside at Portland," and insert in lieu thereof, "and said collector shall be allowed a salary at the rate of one thousand dollars per annum, with the fees allowed by law, and a commission on all customs money collected and accounted for by him, such salary, fees, and commissions not to exceed at the rate of three thousand dollars per annum." April 20, 1871. Bonded merchandise trans ported by carriers by rail, may be transferred from car to car under, &c. 1862, ch. 102, § 1. Preamble. 1871, ch. 62. Vol. xvi. p. 419. Supreme court of the APPROVED, April 20, 1871. CHAP. XXV.- An Act amending an Act to reduce internal Taxes, and for other Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the thirty-second section of said act is hereby amended by adding to the last clause thereof as follows: Provided, That in case of difference in width of gauges of connecting railroads, the goods may be immediately transferred from one car to another under the personal supervision of an inspector, and such rules and regulations as the Secretary of the Treasury may prescribe. APPROVED, April 20, 1871. CHAP. XXVI. An Act to amend the Act approved June sixteenth, eighteen hundred and sixty-two, entitled "An Act providing for the [S]election of Jurors to serve in the several Courts of the District of Columbia. WHEREAS, by the first section of said act, the list of jurors to serve in said courts is to be made by the register of Washington city, and the clerks of the city of Georgetown, and levy court of Washington county, and said officers are abolished by the act approved February twenty-first, eighteen hundred and seventy-one, entitled "An act to provide a government for the District of Columbia": Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, until the legislative assembly shall otherwise provide, the supreme court of the District of lumbia to desig- Columbia may, by orders in general term from time to time, designate necessary officers or persons to make the lists of jurors for service in said court, instead of said abolished officers. District of Co nate persons to make lists of jurors. Justice of cir cuit court may SEC. 2. That the justice holding the special term usually called the circuit court, may order talesmen to be summoned by the marshal whento be summoned. ever the panel drawn for service in said court, for any reason, becomes order talesmen defective. APPROVED, April 20, 1871. |