Delaware State journal and statesman., 1864-12-02

/ ~'N's'N-tef trustee
AN ACT FURTHER 10 PR0TEC r THE FREE
EXERCISE OF THE ELECTIYE FRAN
CHlSE.
Whereas the enjoyment Of civil liberty ia Of
the most vital Importance 20 any people claiming
to be free; And Whersds no such enjoyment can
| be had without the free and nntrammelled exer.
else of tue right to vote, which right should be
! protected, not only by penal eanctions but by
the creation and use of civil remedies therefore,
Sec |, Be il enacted by The Senate and House
of Representatives Of The State of Dslaoars in Gen.
eFat Asssm6ty met, That If any person who is q
duly qualified eector Of this Slate, according to
the Constitution and Laws thereof, shall hereaf.
ter be prevented from voting, or obstructed 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-
dltons unknown to such Constitution aud Laws,
he 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 all 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 if, in their opinion the circumstances will
warrant II, may give exemplary damages.
Sec. 2. And be IL further enacted, That it shall
be the duty Of every citizen Of this Slate 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 Of military force at
or near the place or places Of holding such cleo
tions, or by the employment Of any other organ
lied or unorganized body Of men, or by intimi-
dation, or threats, forthwith to make public dis
closure Of such knowledge, stating Names by an
affidavit to be made before any enc of the Judg-
es of this State, and file the same 10 the office Of
the Clerk of the Peace of the County where the
Judge rcsides, and ii any such citizen, having
such knowledge, shall fail to mike such affidavit
and cause the same to be filed as Aforesaid he
shall be treated as promoter Of the interfer.
cncc mentioned in the first section Of this act,
and be liable as is.therein provided.
Rec. 9. And be IL further enacted, That the lin
itation of actions commenced under this act shall
be ten years from the time of the accruipe of
the cause of action.
Sec. 4. And be il further enacted, That the Sec.
retary of State shall Immediately cause o COPY
Of this act, duly certified, to be published in
oil the newspapers Of the State; such publication
to continue for one MONTH
Passed at Dover, October 28, 1854.
STATE OF DELAWARE,
ExRoUTIvs DEpARTMEAT.
/, Samuel NJ. Harrington, Jr., Secretary Of
State of Delaware do hereby certify that the fore.
going is correct copy OF an Act Of the General
Assembly entitled, "An Act further to protect
the free exercise Of the Election Franchise"
pasHedsat Dover, October %, 1864.
-, In testimony whereof, have hereunto
f. G set my hand and seal Of Office at Dover
this Fourth day Of November, A. D.
~ eighteen hundred and sixty-four.
Nov 8. I'm