Delaware State journal and statesman., 1864-11-15

Continental Hotel, Philadelphia.
--4ss-
AN ACT FURTHER TO PROTECrTIE FREE |
EXERCISE OF THE ELECTIVE FRAN |
CHlSE.
Whereas the enjoyment of civil liberty is of
the most vital importance 20 any people clniming
10 bc free fnd Whereas no such enjoyment eau |
tie had without the free and untraDlmeled exer- |
else Of the right to vote, which right should he
projected, not only by penal sancti Ons. 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 DelaVare in 1sn-
! rrui AsssD,biy met. That il any person who is a
duly qualified eleoor Of this State according to
| the Constitution and Laws thereof, shall hereaf
| ter be prevented from voting, or obslTuoted 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 tOice, intimidation, or
threats, or requiring any qualifications or con-
ditiUns unknown to such Constitution and Laws,
| he shall he deemed and taken to have suffered
! private damage aud injury, and ehall 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 nd
every person or persons who promote such inter.
ference, whether by active participation, or by
advising, cOnuselling, or 10 any wise encouraging
the same; aud in any trial uulel this act. the
jury, il, in their opinion the circumstances will
warrant it, may give exemplary damages
Sec . And be il further enacted That 1t shall
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 Of military force at
or near the place OF paces OF holding such elec-
tous, or by the employment Of any other organ
ized or unorganizcd body of men, or by intini
datiOn. or threats, forthwith to make public dis
closure of sleh knowledge, stating Names by an
effidavt to be made before any one Of the Judy.
es Of this State and de the same in the Office OF
the Clerk Of the Peace Of the County where the
Judge resides, aud ii my suoh citizen, having
such knowledge, shall fail to make such affidavit
aud cause the same to be filed as aforesaid, lie
> shall be treated as promoter of the interfer-
ence mentioned in the tist section OF this act,
aud be liable aa is therein provided,
Fec 3, ind dbe il further enacted, That the him
itatiun OF uoiiOns commenced under this act shall
: be ten years from the time OF the accruing Of
I the cause Of action.
Sec. 4. And be il FURTHER enacted That the Sec.
i retary of Sate thall 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,
. EXECUTIVE DtpARTMEaT.
!, Samuel NJ. Harrington, Jr, seereiar, oil
State of Delaware do hereby certify that the fore
! going is correct copy Of an Act of the General
Assembly entitled, IAN Act further to protecl
i the free exercise of the Election Franchise,
; Iasgedsat Dover, October %, 1864,
- ln testimony whereof, have hereut. 4,
u r. set my hand and seal Of ollce at DaNsl
a this Fourth day OF November, n. b
"a | - eighteen hundred and sixty for.
= Nov. &. lin