Delaware State journal and statesman., 1864-11-11
AN ACT FURTHER TO PROTECT THE FREE
EXERCISE OF THE ELECTIVE FRAN

AN ACT FURTHER TO PROTECT THE FREE
EXERCISE OF THE ELECTIVE FRAN
CHlSE.
Whereas the enjoyment Of civil liberty Is Of
the most vital Importance 20 RDy people claiming
to he free: And Whereas no such enjoyment eau
be had without the free aud untrammeled exer.
else Of tue right 10 vote, which right should be
protected, not only by penal sanctions, but by
the creation and use of civil remedies therefore,
Sec. L. BE Il enacted by the Senate and House
Of Representatives Of The State of DeiaiOdre in Gen
erdl Asssmbly met, That if any person who is a
duly qualified electOr of this State, according to
the Constitution and Laws thereof, shall hereaf
ter be prevented from voting, or obstructed in
his effort to vote ut any election, by reason Of
any interference by any person or peraons, or
military power, or other power exercising, or
attempting to exercise force, intimidation or
threats, or requiring any qualifications or con
ditions unknown to such Conititution aud Laws
he shall he deemed aud taken to have suffered
private damage and injury, and shall have civil
remedy therefor, in the Courts Of this State, by
action Of trespass, or GU the case according to
the nature OF the interference against all and
every person or persons who promote such inter.
ference, whether by active participation, or by
advising, oOunselling, or in any wise encouraging
the same and in any trial under this act. the
jury, IL, in their opinion the circumstances viii
warrant 1t, may give exemplary damaRel
Sec 2. And be ii further enacted, That IL shall
DO the duty of every citizen OF this State who
has knowledge of any design on the part Of auy
other citizen or citizens Of this State to promote
interference with elections, either by soliciting
or advising the presence OF military force at
or near the place or places Of holding such elec.
tions, or by the employment of an other organ
ICED or unorganized body Of men, or by ntimi-
daton, or threats, forthwith to make public dis :
closure of such knowledge stating names, by OH
affidavit TO be male before any one Of the Jnlu-
es of this State, and file the same in the office Of
the Clerk of the Peace Of the County where the
Judge resides, and if any such citizen, having
such knowledge, shall fail to make such affidavit
and cause the same to be filed as aforesaid, no
shall be treated as promoter Of the interfer.
ence mentioned in the first section of this act
and be liable as is,therein provided
Heo. 3 And be IL further enacted, That the linn
italion Of actions commenced under this act shall
be ten years from the time OF the accfuing of
the cause Of action.
SEQ 4, And be IL further enacted. That the Sec
retary Of Stnte shall Immediately cause n copy
Of this act, duly certified, to BIZ published in
all the newspapers Of the State; such publication
to continue for one month.
Passed ut Dover, October 49, 1864.
STATE OF DELAWARE,
EXECUTIVE DEPARTMENT.
L. Samuel NJ. Harrington, Jr, Secretary of
State of Delaware do hereby certify that thefore,
going is a correct copy Of al Act of the General
Assembly entitled, can Act further to protect
the free exercise of the Election Franchise" +"
passed.st Dover, October 49, 1864
~, In testimony Whereof have hereunto
(ta set my hand aud seal of office at Dover
40 this Fourth day of November, A. b.
~ eighteen hundred and sixty-four
Nov 8 IN