New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-03
FEDERAL PROTECTION TO VOTERS
Provisions for those who have been Re-
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 &C.
| cordanoe with the following forms, to be
| used in all cases where necessary.
We have reports from several of the couR-
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 ne 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
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
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 nay 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,
hot ain ,5 ho -
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, 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
it fail to be carried into execution by of he
wrongful act or omission aforesaid of the person
or omcer charged with the duty OF receiving or
permitting such performance offer to perform,
or action thereon, be deemed and held as per-
Torrance in law of such act and the persen offer
ing and failing as aforesaid, and beng otherwise
qualified, shall be entitled to vote in the salCe
ner and to the same extent 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 cti
zen who shall wrongtully refuse orOmit to receive,
count, certify register, report or 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 of the officer or person
whose duty it to act thereon, and that he was
wrongfully prevented by such person officer
from performing such act, shall, for every such
otfense forfeit and pay the sum of 800 to the per
son aggrieved thereby to be recovered by action
on the case, with full costs and such allowance for
counsel fees as the court may deem just and
shall also for every such offeuse be guilty of
and shall, on conviction thereof, be
fined not less than P50 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
trct courts of the United States, within their re-
speCtive DISTRICTS shall have, exclusively of the
courts of the several States cognizance of all |
crimes and OtfeHs8s 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-
fiction hsreby conferred shall be exercised in
Ormlty with the laws and practice governing |
United States courts; and all crimes and OtfGnses
committed against the provisions OF this act may
oe prosecuted by the Indictment of grand jury,
u in OF crimes and Offenses not infamous the
prosecution my either by Indictment or informa
ion filed by the district attorney In court having
Jurisdiction.
SIC. 23 And be it further enacted, That when
,ver any person shall be defeated deprived of
lis election to any Office, except electOr Of Pres
lent or Vice President, Representative Delegate
n Congress, or member OF a State Legislature, by
easOn of the denial to any citizen or citizens who
hall offer to vote, Of the right to vote, account
Il race color, or previous condition of servtude,
lis right to hold aud enjoy such office, and the
monuments thereof shall not be impaired by any
UGH denial and such person may bring an appr0-
riate suit or proceeding to recover possession of
uch office, and III cases where it shall appear that
he sole question touching the title to such office
rises out Of the denial of the right te to cti
ems who SO offered to vote, account Of race, |
dior OF previous condition Of sergltude, such suit
r proceeding may be instituted III the Circuit or
district Court of the United States of the circuit or
IstIlCt in which such person resides And said
irCuit or district court shall have, concuruentIy
18th the State courts jurisdiction thereof far as
determine the rights of the parties to such office
Y reason of the denial of the right guaranteed by
le fifteenth article of amendment TO the COnstitu
on Of the United States, aud secured by bhis act
Approved May 3d. 1870.