Delaware State journal and statesman., 1864-12-06
Eov.l6.ts.

EoVl6.ts. Trustee.
AN ACT FURTHER 70 PROTECT THE FIR EE
EXERCISE OF THE ELECTIVE FRAN
CHISE.
Whereas the enjoyment of civil liberty ia of
the most vital Importance 20 any people claiming
to be free And Whereas no such enjoyment can
be had without the free and untrammellcd exer-
else Of tue right to vote, which right should be
protected not only by penal sanctions, but by
the creation and use Of civil remedies therefore,
Sec. /. BE il enacted by the Senate and House
Of Representatives Of Tie STATE of Dejawdre in Gen
erdS AsSsni6ty met, That if any person who is
duly qualified elector Of this State, according to
the Constitution aud Laws thereof, shall Lereaf-
ter be prevented from voting, or obsEucted 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 force, Intimidation, or
threats, or requiring any qualifications or con-
ditions unknown to such Constitution and Laws,
lie shall be deemed and 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 on the case according to
the nature OF the Interference, against an and
every person or persons who promote such inter
ference, whether by active participation, or by
advising, counselling, or in any wise encouraging
the same; and in any trial under this act, the
jury, il, in their opinion the circumstances will
warrant II, may give exemplary damages.
Sec. 2. AHd be IL further enacted. That 1t ahall
bo the duty of every citizen Of this State who
has knowledge of my 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 Of military force at
or near the place or places Of holding such cleo
tions, or by the employment OF any other organ
" mr. hndu nf mn hx tnfs fsr,f
dation. or threats, forthwith to make public dis
closure Of such knowledge, stating Names by 40
affidavit to be made before any one Of the Judg-
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 il any such citizen, having
such knowledge, shnll fail to make such affidavit
and cause the same to be filed as aforesaid, he
shall be treated as promoter Of the interfer-
euce mentioned in the first section of this act,
and be liable as is.therein provided.
Bee. Q. AHd be IL further enacted, That the linz
iiation Of actions commenced under this act shall
be ten years from the time Of the accruing of
the cause of action.
Sec. 4. And be IL Further cRdctei, That the SEQ
retary OF State shall Immediately cause copy
Of this act, duly certified, to be published in
all the newspapers Of the State; such publication
to continue for one MONTH
Passed at Dover, October 28, 1864.
STATE OF DELAWARE,
EXECUTIVE DEPARTMENT..
J., Samuel NJ. Harrington, Jr., Secretary Of
State Of Delaware do hereby certify that lhefore-
going is correct copy OF an Act of the General
Assembly entitled, San Act further to protect
the free exercise Of the Election Franchise"
passed.at Dover, October 2S, 1864.
~, In testimony whereof, hayo hereunto
C1s set my hand and seal Of office at Dover
this Fourth day of November, A, d.
w. eighteen hundred and sixty-four.
Nov. 8. l IN