New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-17
FEDERAL PROTECTION TO VOTERS
Provisions for those who have been Re-
fused RegisEratiOn.

fused Registration
The officers of the Republican clubs and
thevexecutive 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 go away. AS 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
TINS of any system of favoritism 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
tial administration of our registration and
election statutes will secure the rights of
every voter; but III 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 eur 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. g. And be it further enacted That when
ever by under the authority of the constitution
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 enutle 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 offer to perform,
or action thereon, be deemed and held as per
formance in law of such act and the person so offer
ing and falling as aforesaid, and beng otherwise
qualified, shall be entitled to vote in the same man
ner and to the same extent as if he 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,
report give effect to the vote Of any such citi
zen who shall wrongfully refuse 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
wrongfully prevented by such person or officer
from performing such act shall for every such
offense, forfeit and pay the Of $500 to the per
son aggrieved thereby, to be recovered BY action
the case with full costs, and such allowance for
counsel fees as the court may deem Just; and
shall also for every such oheDse be guilty OF
misdemeanOr and shall, on conviction thereof, be
fined not less than $50, be imprisoned not less
than one month and not more ran one year, or
both, at the discretiono of the court
SEC. O. And be it further enacted, That the dis
trict courts Of the United States within their re-
r1,rAI 1,T~-p IIrv
courts of the several States, c0gn1Zance OF all
crimes and Oftepses committed against the pro-
visions Of this act, and also, concurrently 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 jurs
dictiOn hereby conferred shall be exercised in con-
formity with the laws and practice governing
United States courts; and all crimes and Ofenses
committed against the provisions Of this act may
be prosecuted by the Indictment of grand jury,
or cases of crimes and offenses not infamous the
prosecution may either by Indictment or informa-
tion filed by the district attorney in court having
: SEC. 23. And be it further enacted, That when
ever any person shall be defeated or deprived Of
his election to any office, except elector OF Pres-
dent or Vice President, Representative or Delegate
in Congress, or member Of State Legislature by
reason Of the denial to any citizen citizens who
shall offer to vote of the right to vote, account
of race color, previous condition OF SerVltude,
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 appro-
pirate suit proceeding to recover possession of
such office, and in cases where it shall appea that
the sole question touching the title to such Office
arises out Of the denial Of the right tc vote to cit
zens who so offered to vote, on account of race,
color previons condition Of servitnde such suit
or proceeding may be instituted in the Circuit or
District Court Of the United States Of the circuit
district in which such person resides. And said
circuit or district court shall have, c0ncurrently
with the State courts jurisdiction thereof SO far as
to determine the rights of the parties to such Office
by reason Of the denial Of the right guaranteed by
the fifteenth article of am 9ndment to the constltu-
tion Of the United States and secured by this act
Approved May 81, 1870.