New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-24
FEDERAL PROTECTION TO VOTERS.
Provisions for those who have been Re-
fused Registration.


fused Registration.
The officers of the Republican clubs and
| the executive committees throughout the
State should at once prepare blanks in ac
cordance with the following forms, to be
used in all cases where necessary.
We have reports from several of the coun-
try parishes to the effect that the colored
people encounter obstacles in getting their
registration papers. One day, the registrar
is absent and the office closed Another.
and he is out of blanks. Again, there is a
rush of applicants, and the business of
registration conducted so slowly that many
have TO 60 away. As a rule, those thus sent
away are not white men. Under our State
laws, registration is absolutely necessary as
a prerequisite to voting; but, fortunately,
ample provision has been made in the laws
OF Congress to protect the rights of all vic
tiGls OF any system of favOiitism that may
be introduced into any State.
1t IS to be regretted that any necessity for
an appeal from our own laws should be
even deemed possible. A fair and impair
tlal administration of our registration and
election statutes will secure the rights of
every voter; but in the hands of men who
permit their partisan zeal to outweigh their
sworn obligations, these laws may be made
an engine of wrong and oppression. We
simply desire that every voter shall have a
fair chance, without restriction, hindrance.
or annoyance OF any sort, to vote for the
candidates OF his choice. To that end we
give the federal law bearing on the subject,
that cur clubs may be ready. in case OF
need, to protect their interests
Ar oc+ N
United States to vote in the several States OF
the Union and for other purposes.
SEC 3. and be it further enacted, That when
ever by under the authority of the constitution
or laws of any State, or the laws Of any Territory
any act is or shall be required to (be) done by any
citizen as prerequisite to qualify or entitle him
TO vote, the offer of any such citizen to perform
the act required to be done aforesaid shall, if
ii fail to be carried into execution by reason of he
wrongful act omission aforesaid Of the person.
or officer charged with the duty of receiving or
permitting such performance or offer to perform,
or action thereon, be deemed and held a per
fOTnauce III law OF such act and the person so offer
ing and failing as aforesaid and beng otherwise
qualified, shall be entitled to vote in the same man
and to the same extent as if lie had in fact per
formed such act; and any Judge inspector or
other officer of election whose duty it is or
shall be to receive, count, certify, register,
repO11, give effect to the vote of any such cit-
zen, who shall wrOngfully refuse or omit to receive
count certify, register report give effect to the
vote of such citizen upon the presentation by him
Of his affidavit stating such offer and the time and
place thereof and the name of the officer or person
whose duty it was to act thereon, and that he was
WTOngtully prevented by such person or officer
from performing such act, shall, for every such
Oteuse, forfeit and pay the of 500 to the per-
son aggreved thereby to be recovered hy an action
on the case with full costs, and such allowance for
counsel tees as the court may deem lust; and
shall also for every such otfense be guilty OF q
misdemeanor, and shall on conviction thereof, be
fined not less than SIS 0, or be imprisoned not less
than month and not more than one year, or
both, at the discretion of the court.
SEC 8. And be it further enacted, That the dis
trict courts of the United States, within their re-
speCtive districts shall have, exclusively OF the
courts of the several States, coguiZance OF all
crimes and otfeHses committed against the pro
visions of this act, and also, cOncuTently with
the circuit courts of the United States, of all
except as herein otherwise provided and the juris
dictiOn hereby conferred shall be exercised i'll
United States courts; and all crimes and Ottenses
against the provisions of this act may
be prosecuted by the Indictment of grand jury,
Or in Of crimes and otfenses not infamous the
prosecution may either by Indictment or ntOrma
ton filed by the district attorney IL court having
jurisdiction.
SEC 23 And be it further enacted, That when.
aver any person shall be defeated or deprived of
bis election to any office, except electOr of Pres
Dent or Vice President REPRESENTATIVE or Delegate
n Congress, or member of a State Legislature, by
reason of the denial to any citizen or citizens who
shall offer to vote of the right to Vote on account
d race; colofi or previous condlton q seINlIuqe
his right to hold and enjoy such office, and the
emoluments thereof shall not be impaired by any
such denial; and such person may bring an appr0-
pirate suit proceeding to recover possession OF
such office and in where it shall appear that
he sole question touching $he title 70 such Office
ses out Of the denial Of the right &c vote 20 cti'
sens who offered TO vote, on account OF race, |
,oOr or previons condition of servituGe such suit
IT proceeding may be instituted in the Circuit oP
District Court Of the United States of the circuit or
district in which such person resides. and said |
,ircuit or district court shall have, concurrently
With the State courts jurisdiction thereof so far as
o determine the rights of the parties to such office
" reason of the denial of the right guaranteed by
he fifteenth article of amendment 10 the consttu-
ion of the United States, and secuTet. bS this act.
Approved May 81, 1870