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prisonment for not less than six months nor more than one year, or by fine not less than five hundred nor more than one thousand dollars, or by both such fine and imprisonment, and shall, in addition thereto, be amenable to the said court to which said action shall have been removed as for a contempt; and if the defendant in any such suit be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the said cause according to the rules of law and the order of the circuit court, or of any judge thereof in vacation. And all attachments made and all bail or other security given upon such suit or prosecution shall be, and continue in like force and effect, as if the same suit or prosecution had proceeded to final judgment and execution in the State court. And if, upon the removal of any such suit or prosecution, it shall be made to appear to the said circuit court that no copy of the record and proceedings therein in the State court can be obtained, it shall be lawful for the said circuit court to allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said circuit court; and on failure of so proceeding judgment of non prosequitur may be rendered against the plaintiff, with costs for the defendant.
SEC. 17. That in any case in which any party is or may be by law entitled to copies of the record and proceedings in any suit or prosecution in any State court, to be used in any court of the United States, if the clerk of said court shall, upon demand and the payment or tender of the legal fees, refuse or neglect to deliver to such party certified copies of such record and proceedings, the court of the United States in which such record and proceedings may be needed, on proof, by affidavit, that the clerk of such State court has refused or neglected to deliver copies thereof on demand as aforesaid, may direct and allow such record to be supplied, by affidavit or otherwise, as the circumstances of the case may require and allow; and thereupon such proceeding, trial, and judgment may be had in the said court of the United States, and all such processes awarded as if certified copies of such records and proceedings had been regularly before the said court; and hereafter in all civil actions in the courts of the United States either party thereto may notice the same for trial.
SEC. 18. That sections five and six of the act of the Congress of the United States, approved July 14, 1870, and entitled "An act to amend the naturalization laws, and to punish crimes against the same," be, and the same are hereby, repealed; but
this repeal shall not affect any proceeding or prosecution now pending for any offense under the said sections, or either of them, or any question which may arise therein respecting the appointment of the persons in said sections, or either of them, provided for, or the powers, duties, or obligations of such per
SEC. 19. That all votes for Representatives in Congress shall hereafter be by written or printed ballot, any law of any State to the contrary notwithstanding; and all votes received or recorded contrary to the provisions of this section shall be of none effect.
Approved February 28, 1871.
The Act of February 28, 7871, has been supplemented and amended so as to further provide as follows:
That whenever, in any county or parish in any congressional district, there shall be ten citizens thereof of good standing who, prior to any registration of voters for an election for Representative in Congress, or prior to any election at which a Representative in Congress is to be voted for, shall make known, in writ ing, to the judge of the circuit court of the United States for the district wherein such county or parish is situate, their desire to have said registration or election both guarded and scrutinized, it shall be the duty of the said judge of the circuit court, within not less than ten days prior to said registration of election, as the case may be, to open the said court at the most convenient point in said district; and the said court, when so opened by said judge, shall proceed to appoint and commission, from day to day and from time to time, and under the hand of the said judge, and under the seal of said court, for such election district or voting precinct in said congressional district, as shall, in the manner herein prescribed, have been applied for, and to revoke, change, or renew said appointment from time to time, two citizens, residents of said election district or voting precinct in said county or parish, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as supervisors of election; and the said court, when so opened by the said judge as required herein, shall, therefrom and thereafter, and up to and including the day following the day of the election, be always
open for the transaction of business under this act; and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in the court: Provided, That no compensation shall be allowed to the supervisors herein authorized to be appointed, except those appointed in cities or towns of twenty thousand or more inhabitants. And no person shall be appointed under this act as supervisor of election who is not at the time of his appointment a qualified voter of the county, parish, election district, or voting precinct for which he is appointed. And no person shall be appointed deputy marshal under the act of which this is amendatory who is not a qualified voter at the time of his appointment in the county, parish, district, or precinct in which his duties are to be performed. And section thirteen of the act of which this is an amendment shall be construed to authorize and require the circuit courts of the United States in said section mentioned to name and appoint, as soon as may be after the passage of this act, the commissioners provided for in said section in all cases in which such appointments have not already been made in conformity therewith. And the third section of the act to which this is an amendment shall be taken and construed to authorize each of the judges of the circuit courts of the United States to designate one or more of the judges of the district courts within his circuit to discharge the duties arising under this act or the act to which this is an amendment. And the words "any person," in section four of the act of May 31, 1870, shall be held to include any officer or other person having powers or duties of an official character under this act or the act to which this is an amendment: Provided, That nothing in this section shall be so construed as to authorize the appointment of any marshals or deputy marshals in addition to those heretofore authorized by law: And provided further, That the supervisors herein provided for shall have no power or authority to make arrests or to perform other duties than to be in the immediate presence of the officers holding the election and to witness all their proceedings, including the counting of the votes and the making of a return thereof. And so much of said sum herein appropriated as may be necessary for said supplemental and amendatory provisions is hereby appropriated from and after the passage of this act.
These provisions were inserted in the sundry civil bill, approved June 10, 1872.
"THE KU KLUX ACT."
AN ACT to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes.
Be it enacted, etc., That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, sall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities 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 9th of April, 1866, 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.
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 contrary to the authority thereof; or by force, intimidation, or threat to prevent any person from accepting or holding any of fice, or trust, or place of confidence under the United States, or from discharging the duties thereof; or 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 prop
erty on account of his lawful discharge of the duties of his of fice, 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 hindering 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 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 offenses, shall be punished by a fine not less than five hundred dollars nor more than five thousand dollars, or 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, 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,