Delaware State journal and statesman., 1864-11-24
AN AcF FURTHER TO PROTECT THE FREE
EXERCISE OF THE ELECTIVE FRAN

AN AcT FURTHER TO PROTECTTH FREE
EXERCISE OF THE ELECFlVE FRAN
CHlsE.
Whereas the enjoyment of civil liberty la Of
Tue mos vital Importance 20 any people claiming
to be free Aad Whsreds no such enjoyment eau
be hal without the free and untrammeIled exer.
cise Of tho right to 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 he Sends and House
OF Representatives. Of he Slie of DeiaW1re in Den
erdt d@smJly met, That if any person who is
duly lnalihei elac,or of this 5tate, according to
the Constitution and Laws thereof, shall hereaf-
ter be prevented from voting, or obsttucted in
his effort to vote at any election by reason Of
any interference Ivy any person or persons or
military power, or other power, exercising or
attempting 10 exercise force, intimidation, or
threats, or requiring any qualifications or con
dtions unknown to such ontitution and Laws,
he shnll be deemed and taken to have suffered
private damage and injury, aad shall have civil
remedy therefor, in the Courts Of this State by
action Of tresplss or on the case Accorling to
the nnturc of the interference against all and
every person or persons who promote aueh inter.
ference, whether by active participation, or by
advising, counseliing, or in any wise encouraging
the same and in any trial under this act the
jury, il, in their opinion the circumstances will
warrant il, may give exemplary damages
Sec. 2. Had be ii further enacted That il slall
be 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 to promote
interference with elections, either by soliciting
or advising the presence Vt Il military force nt
or ncar tho plice or places OF holding such elcc-
tions or by the employment of auy other organ
lied or uuorganiEed body of men. or by ntimi-
datlon. or threats, forthwith TO make public li.
rtoaurn AZ aurh knnWlni.sa 81
affidavit to be male before any one OF the Jnlg.
ea of this State, md file the s4ne in tue office OF
the Clerk Of the Peace Of The County where the
Judge resides, aud II any slgh cilizsn having
such knowledge, shall fail to mike such GiIi iavit
and cause the same to he flied IA aforesaid he
shall be treated as promoter of the intaffer.
Cnce mentioned in the ilist section Of llis act,
aud be liable as is.thcrein provided
Fec 3. And be IL JttrfheF enacted That the lin
itniion Of acious commenced under this act shall
be ten years from the time OF tho accruing of
the cause 0f action,
Sec. 4. Ami be il FURTHER e9lc'ei I. Tint the Sec,
rotary Of State shan immediately cause a copy
Of this act, duly ccrihe |. . be published in
all the newspapers OF the State; such publication
to continue for one month.
Passed at Dover, October 9S, 1861
STATE OF DELAwAHE,
EXECUTIVE DEPARTMENT. {
], Samuel NJ Harrington, Jr, Secretary Of
State Of Delaware do hereby cert fy that thrforc
going i u correct copy Of an Act of the General
Assembly ontitlrd, IAN Act further to protect
the free exercise If the Election Franchise" +"
paseed,at Dover, October 2s, 1864
- ln testimony whcrUbf, have hcteunto
f. g set my band and seal of oios at DIVER
this Fourth day OF November. a, y.
- eighteen hundred ami sixty-luur
Nov. 3. LIN