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 privileges 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 relates to the discharge of
prisoners other than prisoners of war, and to the penalty for refusing to
obey the orders 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 enforced after the end of the
next regular session of Congress.
1872. The foregoing section was re-enacted in the Senate (1872) but it
failed in the House. Hence, by limitation, it became obsolete June 10th,
1872. Action was taken under it by President Grant in several counties in
South Carolina while the law was in force.
ART. 7038. [5.] 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 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 laws and
penalties declared against that crime; and the first section of the
article entitled "An Act defining additional causes of challenge, and
prescribing an additional oath for grand and petit juries in the United
States' courts," approved June 17th, eighteen hundred and sixty-two, be,
and the same is hereby repealed.
ART. 7039. [6.] 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
preve
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