States, and during the continuanceDuring such rebellion, and within certain limits, the President may suspend the writ of habeas corpus. 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 that such rebellion may be overthrown: Provided, That all the provisionsProvision of act 1863, ch. 81, §2, Vol. xii. p. 755, made applicable hereto. 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,Proclamation to be first made, &c.
Vol. i. p. 424. Vol. xii. p. 282. See pp 949–954. 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.This section not to be in force after, &c.
Sec. 5.That no person shall beCertain persons not to be jurors in certain cases. 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 this act who shall, in the judgment of the court, be in complicity with any such combination or conspiracy; and every such jurorJurors to take oath. 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 each and every personFalse swearing in taking this oath to be perjury. 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 actRepeal of first section of act 1862, ch. 108. Vol. xii. p. 430. entitled "An act defining additional causes of challenge and prescribing an additional oath for grand and petit jurors in the United States courts," approved June seventeenth, eighteen hundred and sixty-two, be, and the the same is hereby, repealed.
Sec. 6. That any person or persons, having knowledge 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 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 damagesSuits therefor in courts of the United States. may be recovered in an action on the case in the proper circuit court of the United States, and any numberWho may be joined as defendants. of persons guilty of such wrongful neglect or refusal may be joined as defendants in such action: Provided, That such action shall be commencedLimitation. within one year after such cause of action shall have accrued; and if the death of any personIf death is caused by such wrongful act, the legal representatives of deceased may maintain action, &c. and for whose benefit. shall be caused by any such wrongful act and neglect, the legal representatives 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 be no widow, for the benefit of the next of kin of such deceased person.
Sec. 7. That nothing hereinFormer laws, &c. not repealed, &c. contained shall be construed 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,Former offences to 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.
