The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-06-17
Bill 10 Enforce tho Fifteenth
Amendment,

Amendment,
W. have read with much tnterost
tho mnstcrly exposition Of tho objec.
tiohnblc features Of this bill, which
has now become u law, by Senator
Thurman Of Ohio. Tho Senator is
ono Of tho ablcst members Of the
U. S. Senate, and tho leader Of the
Dcmocraticsparty in That body. With
out discussing tho question whether
tho Fifteenth Amendment has been
duly ratified and is now part Of the
Constitution of tho United States, he
shows clearly that this Act is entire
ly unnecessary, FOR two controlling
reasons 1st, that it bristlcs with
pains and penalties, in anticipation
OF some imagined violation OF the
law, when on tho contrary there has
been no threat Of resistance on the
part Of any State, and the colorcd
race have been already exercising the
right Of suffrage without any ground
Of complaint,-and 2d, that there is
not a.single crime or offence provid-
cd for hy this Act, that ought to be
in it, which is not more cftcctualIy
provided for in tho laws Of the sever.
i'll States.
He examines tho Act section by
section, and shows that they are eth
er unneccssary-vaguc and unmcaning
Or entirely rcpugnant to the rccog-
nized principles Of English liberty.
The first section is identical with
tho provision Of tho Fifteenth
Amendment, and is hence nugatory
and inofticious. A re-cnactmcnt by
Congress can give it no additional cf.
licacy. 1t is in these words:
"That. all citizens of the United
States who arc or'shall bo otherwise
qualified by law to voto at any clcr-
ton oy tho people i'll any State, Ter
ritory, district, county, city, parish,
township, school district, municipali-
ty, or other territorial subdivision,
shall be entitled and allowed to vote
at all such elections, without distinc-
ton of race, color, or previous condi
tion Of scryitudc, any law, custom,
usage, OF regulation Of any State or
Territory, or by or under it's authori-
ty. to the contrary Notwithstanding"
The second section is as follows:
SEC. 2. And be it further enacted,
That if by or under the authority Of
the constitution or laws OF ..ny State
or the laws Of any Territory, any act
is or shall be required 10 be done as q
prerequisite or qualification for vot.
ing. and by such constitution or laws
persons are or shall be charged with
the performance of duties in furnish
ing to citizens m opportunity to per-
form such prerequisite, or to become
jqualified to vote, it shall be the duty
] of every such person and officer to
give to all citizens of the United
Statos tho same and equal opportuni-
fty to perform such prerequisite or to
become qualified to vote, without dis
tinction Of race, color, or previous
ccndition OF servitnde; and if any
such person or officer shall refuse or
knowingly omit to give full effect to
this section, he shall for every snch
offence forfeit and pay tho sum of
$500 TO the person aggrievcd thereby
to be recovered by an action on the
case, with full costs and such allow
ance for counsel fees as the court shall
also for every such offence be deemed
! guilty Of a misdemeanor, and shall,
on conviction thereof, be fined not
less than $500, and be imprisoned not
less than one month and not more
than one year."
I Now thero are two objections to
this scction-1st., that it imposes
by Act Of Congress duties upon State
Officers, created by State authority,
land alone amcnable to the States, and
this directly in. the face Of decision
OF tho Supreme Court of the United
States-and I'd, that the words, "If
any such person Or officer shall refuse
Or knowingly omit to give full effect
to this section,".. are too vague and
unmcaning to constitute any distinct
indictablc ofience-a true corpus dehic-
Ii. 49,.
The third section provides:
"That whenever, by or under the
Authority Of the constitution Sor laws
of any State, or the laws of any. Ter
ritory, any act is or shall be required
to be done by any titizen rs n ,pre-re-
quisite to duality or entitle him to
vote, the offer of any such1citizen to
perform the act to be done, as afore-
said, shall, if it failed TO be- carried in
to execution by reason of the wrong
fnl act or omission aforesaid Of the per-
son or officer charged witkathe duty
Of receiving or permitting such s.per:
formanccs, or offor to perform or act.
ling thereon, be doomed and held as O
performance in law Of such act"
Tho, effect of this section is to force
I'undor heavy penalties tho managers
Of election to receive and count the
vote. Of the person offering, upon his
nero 'upcontraaicteds affidayit, that
he has complied with the conditions of
FTyt