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What the Democratic Party will do when in Power.

I. It will limit the annual taxes to $250,000,000, | giving intelligent white immigrants the same and out of this moderate revenue will apply advantages enjoyed by our colored population. $25,000,000 toward the extinction of the public There is no reason why a thrifty German who debt; whereas the federal taxes for the last emigrates to Texas and buys a farm should not fiscal year amounted to the enormous sum of at once be as favored a citizen as the South$411,255,447. Carolina negro who emigrates to Texas in the same year and is employed by the German as a laborer.

II. It will revise and reform the system of taxation so that this diminished annual burden of $250,000,000 will be equitably distributed. The present system not only overloads the faithful horse, but ties some of the load to his legs, puts a part upon his head, makes him drag a portion by his tail, obstructing his freedom of movement, and causing him the utmost annoyance. The Democratic Party will withdraw every pound of the load from his limbs and extremíties and collect it upon his back where he can carry it with greatest ease. It will, moreover, take good care that the taxes find their way into the public treasury, and not into the pockets of greedy, grasping monopolists,

III. The Democratic Party will rectify the abuses of the present banking system; extinguishing monopoly by making the business free to all who comply with the conditions, stopping the interest on government bonds while in pledge to secure bank circulation, and guarding against a redundant currency by compelling the banks to redeem their notes in specie.

IV. It will revive our prostrate shipping interest, and restore to American citizens their former large share in the profits of navigation, by free trade in ships and the repeal of duties on all articles used in their construction.

V. It will extend and complete the system of universal suffrage, by abolishing the term of residence now required for naturalization, and

The Policy

VI. The Democratic Party will faithfully fulfill all the obligations created by the public debt in their letter and spirit, and will secure to disabled soldiers the full amount of their pensions without allowing a dollar to be deducted for the fees of agents.

VII. It will repeal all laws which permit the federal government, or any of its officers, to interfere with elections in the States.

VIII. It will make it a high misdemeanor, punishable by dismissal from the service, for any officer of the army or navy to aid in the suppression of domestic violence in a State, unless the State authorities have made a previous application to the President for such assistance, in conformity to the Constitution; or to interfere for enforcing any federal law unless a federal judge shall have previously certified that the execution of the laws is resisted by a combination too powerful to be overcome by the marshal and his posse.

IX. The Democratic Party will remove all the political disabilities and disqualifications imposed for participation in the late civil war.

X. It will recognize the binding force of the three new amendments to the Constitution so long as they are held to be valid by the Supreme Court.

of Hate.

IN his message of December 18, 1865, Presi- | States. March 2, 1867, the first reconstruction dent Johnson said, "The people throughout the act was passed, declaring no legal State governentire South evince a laudable desire to renew ments existent in Virginia, North-Carolina, their allegiance to the government and to repair South-Carolina, Georgia, Mississippi, Alabama, the devastations of war by a prompt and cheerful Louisiana, Florida, Texas, and Arkansas, resolvreturn to peaceful pursuits." On the same day ing them into military districts and establishing General Grant, who had been on a tour through martial law therein, with power in the district the late insurrectionary States, "to learn, as far commandants, on approval by the President, to as possible, the feelings and intentions of the inflict death. March 23, 1867, the second reconcitizens of those States toward the general gov-struction act was passed, ordering the election ernment," reported, "I am satisfied that the of conventions to frame constitutions and organmass of thinking men of the South accept the ize State governments South. July 19, 1867, present situation of affairs in good faith." Con- the third reconstruction act was passed enlarging temporaneous with these statements a reorgani- the powers of the military commandants, and dezation of the State governments of the South claring that neither they nor their subordinates was effected, constitutions were adopted, the nor appointees were bound by "any opinion of war debts repudiated, slavery abolished, legisla- any civil officer of the United States." March tures elected which ratified the thirteenth 11, 1868, the fourth reconstruction act was or emancipation amendment, and senators and passed to make less than a majority of the regisrepresentatives in Congress were chosen. By tered vote sufficient to carry any election under the opening of 1866, the South was ready for a the Congressional plan. June 22, 1868, there restoration of its relations to the Union on the passed a fifth reconstruction act to admit Arkanbasis of an acceptance of the results of the war. sas to representation; June 25, 1868, a sixth, to June 18. 1866. Mr. Fessenden, in the Senate, admit North-Carolina, South-Carolina, Louisiand Mr. Thaddeus Stevens, in the House, report-ana, Georgia, Alabama, and Florida: April 10, ed from joint committee that the South ought not to be restored to its relations with the general government without punitory and precautionary legislation. December 11, 1866, in the House, and February 1, 1867, in the Senate, a bill passed denying representation to the Southern

1869, a seventh, ordering elections in Texas, Virginia, and Mississippi; December 23, 1869, an eighth, re-reconstructing Georgia; January 26, 1870, a ninth, admitting Virginia; February 1, 1870, a tenth, prescribing a new qualification for such admission; February 23, 1870, an eleventh,

admitting Mississippi; March 30, 1870, a twelfth, and the military forced the adoption of one and admitting Texas; and July 15, 1870, a thirteenth, the rejection of the other. The nature of the admitting Georgia a second time. The work of State governments erected in pursuance of the reconstruction which began March 2, 1867, hav- reconstruction scheme can be best estimated ing thus been completed to the satisfaction of from the fact that the aggregate debt and liabiliCongress on the 15th July, 1870, a period of three ties of the new reconstructed States have been years and four months, it seemed as if the South- raised in three years from $78,000,000 to $286,000,ern States would be remitted to the operation of ooo. The character of the senators and reprethe civil governments originated, prepared, and sentatives returned to Congress may be imagined approved by Congress; but by the Ku-Klux Act from the fact that one senator was an army sutof April 20, 1871, the President is authorized to ler, and another, Brigadier-General Ames, certisupersede said governments in his discretion by fied, as commandant of Mississippi, to his own military rule. As a part of this punitory legisla-election to represent that State; and in the tion is to be added the third section of the four- House, Whittemore, afterward expelled for selling teenth amendment, disqualifying for office the cadetships, may stand as a specimen. With the former leaders of the South. The infractions in completion of the original scheme of reconstructhis course of legislation, not alone of the ex- tion, a claim to what may be known as a continpress provisions of the Constitution of the United uing power of reconstruction, was put forward States, but of every principle of fair dealing, by Congress in the act of December 22, 1869. justice, and good policy, are so numerous and At first it was understood that the plea for the aggravated as almost to defy enumeration and policy of Congressional military reconstruction description. By an acceptance of their ratifica- was that, while unconstitutional it was necestions of the emancipation amendment, Congress sary, the case being one of those peculiar excepwas estopped from denying the validity of the tions to all rules arising from great wars and Southern State governments as reorganized social convulsions, but by the act just named, under the Lincoln-Johnson plan of restoration, (which provided for a reconstruction of Georgia, but the ratifications were accepted and the vali- being an act to turn her out of the Union after dity denied. Governments which were declared having admitted her,) the right to exercise a genillegal were considered competent to give legal eral surveillance over the Southern States, and ratifications. Further, the State governments admit or expel at pleasure, was asserted. This of 1865-6 were, at least, economical and peacea- surveillance is now in full practice, and forms a ble; no carpet-bag debts were created or any part of the policy of the Republican Party toward "Ku-Klux outrages" known. Their continuance the South. The rule is, that any contract, underpromised a return of peace and prosperity; but standing, or agreement with those States by in defiance of such promise they were over- Congress to the contrary notwithstanding, Conturned. The new system proposed was so fla- gress may, at any time, interfere therein to regrantly outside the Constitution that no attempt model, alter, or abolish at will. This new claim was ever made to reconcile it therewith. It was was put forth in the case of North-Carolina, in said in so many words that "nobody but a d-d August, 1870. At that time, an election was held fool ever supposed it was within the Constitu- to decide whether a convention should be had tion." As a main feature in the system thus de- to prune the State constitution of some onerous clared unconstitutional by its promoters was a provisions, and during the canvass it was disdisfranchisement and disqualification of all who tinctly stated, by Attorney-General Akerman, had sworn to support the Constitution and after- that were such revision made, the question. ward aided secession. In carrying out this sys- would arise whether the State government tem the negroes were made citizens and voters, thereunder was one for Congress to recognize. though the fourteenth amendment making them Under this menace, the vote was adverse to the citizens was not declared adopted until July calling of the proposed convention. Beyond this 28, 1868, and the fifteenth amendment, declar- claim to a right of interference at any time by ing them suffragan, was not announced as adopt- legislative means, Congress has, by the Ku-Klux ed till July 30, 1870. By this negro vote, the Act of April 20, 1871, put the South at the conventions were, without an exception, carried, mercy of the federal executive. By this statute, and the constitutions framed by those bodies republished and commented on in this issue ratified. The total negro registration in the ten of THE WORLD ALMANAC, it is competent for States for 1867-8 was 725,591, while by the census the President, in his discretion, to supersede any of 1870 but 602,779 adult male negroes were found of the reconstructed State governments by miliin those States. The election frauds, such as tary rule. In the Presidential canvass of 1868, it ballot-box stuffing, repeating, continued elec- was strenuously objected to the Democratic nomtions, (one lasting eleven days and one a month,) inee for Vice-President, that he had said the by which this scheme was carried through, are President should disperse the carpet-bag govtoo well known to need renewed mention. In ernment at the point of the bayonet," and what Arkansas, Alabama, and Mississippi, the consti- was so strongly urged against the Democratic tutions defeated on the popular vote were never- Party at that time is now the prerogative of the theless declared ratified. In Texas, no constitu- federal executive by virtue of the latest in the tion was framed, the convention dispersing and long catalogue of reconstruction acts. He is a military commission putting forth a constitu- authorized, at the point of the bayonet, to distion under its name. In Florida, the convention perse the carpet-bag State governments-or any split in two, each part framing a constitution,other.

Ku-Klux Legislation.

DECEMBER 16, 1870, the Senate requested the civil obedience and order." March 23, the PrePresident to communicate any information he sident sent in a message, saying, "A condition of might have in reference to Ku-Klux outrages in affairs now exists in some of the States of the the South, especially in North-Carolina. Janu- Union, rendering life and property insecure, and ary 13, 1871, the President transmitted to the the carrying of the mails and collection of the Senate "abstracts of reports and other papers revenue, dangerous. That the power to correct on file in the War Department relative to the these evils is beyond the control of the State auoutrages in North-Carolina, and also, for the in-thorities, I do not doubt; that the power of the formation of the Senate, those relative to out- Executive of the United States, acting within rages in the other Southern States." From this the limits of the existing laws, is sufficient for wording it would appear that the outrages re- the present exigency, is not clear; therefore, I ported had just then occurred, whereas the ab- urgently recommend such legislation as, in the stracts sent in show the alleged acts of violence judgment of Congress, shall effectually secure to date from 1868, 1867, 1866, and even 1865. life, liberty, and property in all parts of the From North-Carolina, the special State aimed at United States." The next day, March 24, the in the investigation, the army officers on duty President issued his proclamation alleging the therein reported thus: Captain Evan Thomas, existence of an insurrection in South-Carolina, Fourth Artillery, writes from Robeson County, and warned all engaged therein to disperse "The cause of the trouble in this county is in to their homes in twenty days. On the transmisno way political" Major Stewart, Fourth Artil- sion of this message, the leading newspapers of lery, writes from Fort Macon, "This portion of the country sent special correspondents to Souththe State has been very quiet and undisturbed;" Carolina to describe the Ku-Klux war," as it Captain Frank G. Smith, Fourth Artillery, was called; but it appearing that the State was writes from Raleigh, "Nothing pertinent to the entirely quiet, the reporters were withdrawn, subject of inquiry has come to my knowledge;" and no additional proclamation was issued by Captain John Mendenhall, Fourth Artillery, the President at the end of the twenty days. writes from Fort Johnson, The people, so far March 28, Mr. Shellabarger brought forward in as I know or can learn, are good, peaceable, law- the House the Ku-Klux bill which the Republiabiding citizens" and Colonel Henry J. Hunt, can members of Congress had agreed upon in Fifth Artillery, late State commandant, writes, caucus. The main features of the bill were to "I heard of none such as happening while I give the federal courts jurisdiction of cases was in the State to which any importance could theretofore only cognizable in the State courts, be attached." Almost_contemporaneous with and to authorize the President to proclaim marthe message of the 13 January, 1871, several of tial law, use the federal troops, and suspend the the reconstructed governors of the South sent in privilege of the writ of habeas corpus in any messages to their several legislatures, and all State without waiting an application for aid without exception testified to a condition of from the authorities thereof. peace and good order. January 4, 1871, Governor Clayton, of Arkansas, says, Law and order, peace and security, reign throughout our borders. Old feuds are rapidly dying out, old animosities are being forgotten, and old prejudices eradicated." January 11, 1871, Governor Warmoth, of Louisiana, says, "A growing spirit of harmony and good will between the different classes of our people has been strikingly evinced during the last 99 year. January 16, 1871, Governor Scott, of South-Carolina. says, "I can not say with truth, upon any information in my possession, that in any section of the State the laws are not executed, for not a single case has been reported in which the officers of the law have been resisted in the discharge of their duties." March 4, 1871, the Forty-first Congress expired, and the Forty-second began. By the 7th, an organization of the new House was effected, and an adjournment was pressed, when a message was received from the President requesting the two houses to remain in session, as he might have a message to communicate in the course of a week. March 18, 1871, Senator Sherman offered a resolution to the effect that more reconstruction was needed. Senator Trumbull said rest and retrenchment were what the country needed, and not new punitory legislation. Senator Johnston denied that any Ku-Klux existed in Virginia. Senator Sherman said, "I am perfectly aware there is no testimony going to show it to exist in Virginia." March 21, Mr. Morphis, of Mississippi, had a dispatch read, dated March 17 from Governor Alcorn, of that State, saying, Mississippi presents an unbroken evidence of

From this time to April 20, the bill was debated in both Houses. In the Senate, Mr. Blair said, the only power of legislation which Congress had, under the fourteenth amendment, was to prevent any violations of its provisions by State laws. The measure which it was then proposed to pass was an assumption by Congress of the power to punish violations of State law. The design of this legislation was to carry out the designs of that remorseless set of scoundrels, the carpet-baggers, and their aiders and abettors, and to continue General Grant perpetually in power. Senator Trumbull said, while that amendment enables Congress to protect a citizen from a discrimination against his rights by a State, it does not allow Congress to exercise police power to the destruction of State authority. Congress has no right to substitute the federal for the State courts. The latter were nearer to the people, and the nearer the administration of justice between man and man was brought to the people themselves, the safer would be their rights of person and property. When the federal government took to itself the entire protection of the individual citizen of the State in his person and property, there would be an end to the State government, resulting in an unwise change in our governmental system. Senator Saulsbury referred to those sections of the bill which left it in the discretion of the President to say whether an insurrection too strong for the civil authority existed in any State, and then authorized him to repress the same by the use of the military force of the United States, or by other means as he may deem necessary." It


provides that no State shall deprive any person of life, liberty, or property, without due process of law, or deny any person the equal protection of the laws. The bill authorized the President to do what the amendment forbids the States to do. Further still, the constitution requires that an accused person shall have an impartial trial. By the bill the court was virtually to select the jury. The bill was not, as it professed to be, one to enforce the fourteenth amendment. That amendment was to forbid any State making certain laws; the bill was to punish any person for doing or intending to do certain acts.


might seem necessary in the executive eye to re-discretion. Further, the fourteenth amendment move the governor of the State from office, or to abolish the State courts, or to forbid the holding of any election called for by the laws, and if so, this bill gave him the power to do those acts. Senator Bayard said the power of interference by the federal government in a State was limited by the Constitution, Art. IV., Sec. 1, to cases of invasion, or "on application of the legislature or of the executive (when the legislature can not be convened) against domestic violence." Congress could not authorize the President to interfere when there was no invasion, and when the constituted authorities of a State made no appeal for aid. Yet this bill April 19, 1871, the bill as reported by a joint proposed to give the executive power to enter committee of conference passed both houses; in any State at his own will and pleasure, and re- the Senate by 36 to 13; in the House by 93 to 74. It sort to any measures he might see fit. Frequent was then carried to the President, and approved applications to him to exercise this power would the next day. It is entitled "An act to enforce be made by designing men, thus giving rise to a the provisions of the fourteenth amendment to crop of informers all over the country. Senator the constitution of the United States, and for Thurman said the bill was a declaration that the other purposes," and is in seven sections. State courts were not to be trusted. He was tion first applies to individuals the inhibitions not willing to say that to the courts of his State, which the fourteenth amendment applies only to Ohio. It was declared a conspiracy to combine States. Section two punishes any combination for the purpose of interfering with "the privi- of two or more persons, with intent to deprive leges and immunities of citizens of the United any person of political rights, or to hinder or inStates, or depriving the citizen of the due and jure a federal officer, with fine from $500 to equal protection of the law." This was vague $5000, or imprisonment from six months to six language. The bill did not require any overt act years, or by both, and for any injury from the to establish guilt. The combination itself made carrying out of such intent, the party injured the crime. The intent to be attributed to the shall have an action for damages against his inpersons combining was not defined, and the ut- jurer or injurers. Section three empowers the most discretion in framing indictments as to President to judge in his own discretion whether this intent was allowed the district-attorneys. any insurrection or combination as above noted The bill was not only retrospective, but anti- exists in a State, and without waiting for an ap cipative in its scope. Its pains and penalties plication for assistance from the State authoriapplied to all federal laws granting rights both ties, to "take such measures, by the employpast, present, and to come. If Mr. Sumner's ment of the militia, or the land and naval forces supplementary Civil Rights bill to enforce social of the United States, or of either, or by other equality was to pass, then any infraction of its means as he may deem necessary for the supterms was punishable under the pending mea-pression of such insurrection, domestic violence, sure. By Mr. Sumner's bill, hotel-keepers, theatre-managers, and all conductors of public conveyances and places, were to be made to give place to negroes along with their white guests and patrons. Under the Ku-Klux bill, any manager or host refusing to do this could be fined from $500 to $1000, and be imprisoned from six months to six years. The essence of the measure was in the third and fourth sections, which vested the President of the United States with a power now only wielded by the Sultan of Turkey and the Czar of Russia. He could at will declare war against the people of any State, and suspend the writ of habeas corpus there. This power of suspension was a legislative power, and could not be delegated to presidents. Its unreserved surrender to a presidential candidate was most dangerous to the liberties of the country. Senator Casserly laid stress on the incompatibility of the bill with the amendment on which it was professedly based. The language of the amendment was that "no State should make or enforce any law" abridging political rights, or denying equal protection of the laws, and the bill read that no "person" shall. Senator Stockton said the constitution required that the privilege of the writ of habeas corpus should not be suspended except when, in case of rebellion or invasion, the public safety required it. The bill avoided the whole prohibition by defining what should constitute a rebellion, and leaving the question of whether the public safety required a suspension entirely in the executive

or combinations." Section four gives him a like power of suspending the privilege of the writ of habeas corpus in any State. Section five empowers the judge in any federal court trying a case under his act, to exclude from the grand or petit jury any person "who shall, in the judgment of the court, be in complicity with any such combination or conspiracy." Section six gives an action for damages to any person inJured by any conspiracy, of the nature mentioned in section two, which injury any other person might have prevented or aided in preventing. Where the injury results in death, $5000 damages are to be awarded to the widow or next of kin. Section seven continues any prosecution begun under any other like punitory act to this. The full text of the act will be found subjoined. Under this statute many indictments have been found or prosecuted in North and South-Carolina, Mississippi and Kentucky, and instructions have been issued from the AttorneyGeneral of the United States to all his subordinates to be diligent in seeking and reporting information on which to make arrest and trial. May 3, 1871, President Grant issued his proclamation reciting the passage of this act, and "enjoining upon all good citizens, and especially upon all public officers, to be zealous in the enforcement thereof." Furthermore, the proclamation says, "This law of Congress applies to all parts of the United States, and will be enforced everywhere to the extent of the powers vested in the executive," and "I will not hesitate to exhaust the

powers thus vested in the executive." October 12, the President issued a second proclamation, reciting the existence of an insurrection in the counties of Spartanburg, York, Marion, Chester, Laurens, Newberry, Fairfield, Lancaster, and Chesterfield, in South-Carolina, and ordering all therein concerned to disperse to their homes in twenty days. October 17, he issued a third proclamation, suspending the privilege of the writ of habeas corpus in the above-named countics. November 3, he issued a fourth proclama-person so offending shall be deemed guilty of a high crime, and, tion, reciting that no disorder warranting a suspension of the privilege of the writ of habeas corpus existed in Marion County above named, and revoking the suspension ordered therein; but declaring that an insurrection existed in Union County, South-Carolina, and ordering all therein concerned to disperse in five days. November 10th, he issued a fifth proclamation, suspending the privilege of the writ of habeas corpus in Union County above named. Under these latter four proclamations a very large number of arrests of persons, either as witnesses or accused, has taken place, one account putting the total at two thousand.

AN ACT to enforce the provisions of the Fourteenth Amendment to the Constitution of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who, under color of any law, statute, ordinance, regulation, custom, usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immuni ties secured by the Constitution of the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts 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 the ninth of April, eighteen 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," and the other remedial laws of the United States which are in their nature applicable in such cases.

SECTION 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 contrary to the authority thereof, or by force, intimidation, or threat to prevent any person from accepting or holding any office of trust or place of confidence under the United States, or from discharging the duties thereof, by force, intimidation, or threat to induce any officer of the United States to leave any State, district, or place where his duties as such officer might lawfully be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty, or by force, intimidation, or threat to deter any party or witness in any court of the United States from attending such court, or from testifying in any matter pending in such court fully, freely, and truthfully, or to injure any such party or witness in his person or property on account of his having so attended or testified, or by force, intimidation, or threat to influence the verdict, presentment, or indictment, of any juror or grand juror in any court of 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 depriving any person or any class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or for the purpose of preventing or hiudering the constituted authorities of any State from giving or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due

course of justice in any State or Territory, with intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or his property for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, or by force, intimidation, or threat to prevent any citizen of the United States lawfully entitled to vote from giving his support or advocacy in a lawful manner toward or in favor of the election of any lawdent of the United States, or as a member of the Congress of the fully qualified person as an elector of President or Vice-PresiUnited States, or to injure any such citizen in his person or property on account of such support or advocacy, each and every 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 offenses, shall be punished by a fine not less than five hundred nor more than hard labor, as the court may determine, for a period of not less five thousand dollars, or by imprisonment, with or without than six months nor more than six years, as the court may determine, or both by 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 per son 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 deprived of such rights and privileges may have and maintain an action for the rerights and privileges against any one or more of the persons encovery of damages occasioned by such injury or deprivation of gaged 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 remedies provided in like cases in such courts, under the provisions of the act of April ninth, eighteen 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."

SECTION 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 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 insurrection, 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 district to be dealt with according to law.

SECTION 4. That whenever in any State, or part of a State, the unlawful combinations 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 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 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 public safety shall require it, to suspend the privileges of the writ of habeas corpus to the end such rebellion may be overthrown: Provided, That all the provisions of the second section of an act entitled "An act relating to habeas corpus, and regulating judicial proceeding 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.

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