New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-30
FEDERAL PROTECTION TO VOTERS.
Provisions for those who have been Rec
fused Registration.

Provisions for those who have been Re.
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 formss 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 il 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
prerequisite to voting; but, fortunately,
ample provision has been made in the laws
Of Congress to proahct the rights of all vic
tins OF any system Of favoritlsm that may
be introduced into any State.
It is to be regretted that any necessity for
an appeal from our own laws should be
even deemed possible. A fair and impair
tial 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
fair chance, without restriction, bindrance,
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 our clubs may be ready, in case Of
need, to protect their interests
An act to enforce the rights Of citizens Of the
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 OF entitle him
to vote, the offer of any such citizen to perform
the act required to be done aforesaid shall, if
it fail to be carried into execution by Of The
wrongful act omission aforesaid or of the person
or officer charged with the duty Of receiving or
permitting such performance or otter to perform,
or action thereon, be deemed and held as per
formance in law Of such act and tle person offer.
ing and falling as aforesaid, and being otherwise
qualified shall be entitled to vote in the same man
and to the extent as if he had in fact per-
formed such act; and any judge, inspector or
shall be to receive, count, certify, register
Tepor5, give effect to the vote of any such cit
zen, who shall wrOngfully refuse omit to receive
count certify register, report or give effect to the
vote Of such citizen upon the presen tatiOn 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
Wrongfully prevented by such person or officer
from performing such act, shall, for every such
Ofense forfeit and pay the Of $500 to the per
son aggreved thereby to be recovered by an action
on the case with full costs, and such allowance for
counsel ices the court may deem Just; and
shall also for every such Ofense be guilty of a
and shall on conviction thereof, be
fined not less than $5tG, orsbe imprisoned not less
than one month and not more shan year,
both. at the discretion OF the court.
SEC g. And be it further enacted, That tle dis
trlct courts OF the United States within their
spective districts, shall have exclusively of the
courts Of the several States, cogni2ance of all
crimes and ofteBses committed against the pro-
visions of this act, and also. cOncuITently with
the circuit courts Of the United States, of all
causes, civil and criminal, arising under this act,
except as herein otherwise provided and the juris
diction hereby conferred shall be exercised in
fOrmity with the laws and practice governing
United States courts; and all crimes and otfenses
against the provisions OF this act may
be prosecuted by the indictment Of grand jury,
cases Of crimes and otfen5es not infamous, the
prosecution may either by Indictment or nforma
tiOn filed by the district attorney il court having
Jurisdictions
SEc 23 And be it further enacted, That when
ever any person shall be defeated or deprived of
bis election to any Office, except electOr Of Pres
Dent Vice President, Representative or Delegate
in 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 account
If race, color, or previous condition Of servtude
his right to hold and enjoy such office, and the
thereof shall not be impaired by any
such denial and such person may bring an appro
pirate suit or proceeding to recover possession OF
such office, and in cases where it shall appe that
the sole question touching the title to such office
arises out of the denial of the right c vote to citi
5ens who so offered to vote, account of race, |
color or previous condition of servitude such suit
1r proceeding may be instituted in the Circuit or
District Court of the United States Of the circuit
district i'll which such person resides. and said |
,ircuit district court shall have, concurrently
With the State courts jurisdiction thereof so far
determine the rights Of the parties to such Office
~ reason OF the denial Of the right guaranteed by
he fifteenth article of amendment to the cOnstitu.
ion Of the United States, and secured by this act.
Approved May 81, 1870.