Delaware State journal and statesman., 1864-12-30
AN ACT FURTHER 70 PKOTECFTHE FREE
EXERCISE OF THE ELECTIVE FRAN

AN ACT FURTHER 10 PkUTECF THE FREE
EXERCISE OF THE ELECTIVE FRAN
CHlSE.
Whereas the enjoyment of civil liberty is of
the most vital Importance 20 any people claiming
to BIZ free And Whereas no such enjoyment can
he had without the free aud untrainmelled exer-
else Of tue right to vote, which right should be
protected, not only by penal sanctions, but by
the creation aud use of civil remedies therefore,
SEQ. l. Be IL enacted By Me Senate and House
of Representatives. Of tho State Of DelaDare in Qen-
eral Asssml5iy mel, That if any person who is a
duly qualified eeotOr Of this Siaio, according TO
the Constitution and Laws thereof, shall hereaf
ter be prevented from voting, or obstrueteI in
his effort to vote at any election, by reason of
any interference by any person or persons, or
military power, or other power, exercising, or
attempting to exercise fo,oe, intimidation, or
threats, or requiring any qualifications or con-
ditiOns unknown 10 such Constitution and Laws,
ho shall he deemed and taken to have suffered
private damage end injury, aud shall have civil
remedy therefor, 10 the Ooutts of this State, by
action Of irespass, or on the case according iu
the nature Of the interference, against all aud
every person or persons who promote such inter.
ference, whether by active participation, or by
advising cOunseing, or ia any wise encouraging
the same; and in any trial under this act, the
Jury, IT, in their opinion The circumstances will
warrant IT, may give exemplary damages
Sec .. And be II further enacted, That it shall
bo the duty of every citizen of this State who
has knowledge Of any design on the part of any
other citizen or citizens Of this State 10 promote
interference with elections, either by soliciting
or advising the presence Of q military force nj
or near the place or places OF holding such elec-
tiOns, or by the employment of any other organ
zed or unorganized body of men, or by intm-
dRtion, or threats, forthwith to make public dis
closure Of such knowledge, stating names, by an
affidavit TO be made before any enc Of the Jndg-
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 II any such citizen, having
such knowledge, shall fail to make such affidavit
and cause the same to be filed IN aforesai1, he
shall be treated as promoter of tho interfer.
ence mentioned in the first section of this act,
and be liable as IL. therein provided
Eec. 3. AHd JeI further enacted. That tue lin
itntiOn Of actions commenced under this act shall
be ten years from the time Of tho acoruing Of
the cause Of action.
Sec. 4. And be IL further enacted, That the Sec.
relary OF State shall Immediately cause copy
OF this act, duly certified, to be Published in
all the newspapers Of the State such publication
| 10 continue for one month.
Passed at Dover, October 2s, 1864.
STATE OF DELAWARE,
ExEoUTIvR DEPARTMENT.
l., Samuel NJ. Harrington, Jr., Secretary oil
State Of Delaware do hereby certify that ihefore-
going Ia q correct copy Of an Act Of the General
Assembly entitled, 'iAn Act further to protect
the free exercise Of the Election Franchise, u
PASSED at Dover, October %, 1864.
-. In testimony whereof, have hereunto
+, set my hand and seal OF Office al Dover
1" this Fourth day of November, A. D.
,-~.' eighteen hundred and sgty-fouF.