New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-15
FEDERAL PROTECTION TO VOTERS.
Provisions for those who have been Re-
fused Registration.

The officers of the Republican clubs ant
the executive committees throughout tn
State should at once prepare blanks in ac
cordance with the following forms, to b'
| used in all cases where necessary.
We have reports from sevel al of the coun
try parishes to the effect that the coloreG
people encounter obstacles in getting theil
registration papers. One day, the registrar
is absent and the office closed. Another
and he is out OF blanks. Again, there is q
rush of applicants, and the business Of
registration conducted SO slowly that many
have to go 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
tial administration Of our registration and
election statutes will secure the rights of
every voter; but in tie 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 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, the laws of any Territory
any act is 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
1t fail to be carried into execution by reason of the
wrongful act or 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 per
foTmance in law Of such act and the person so offer
insand failing as aforesaid, and being otherwise
qualified shall beentited to vote in the same man
ner and to the extent if he had in fact per-
formed such act; and any judge, inspector or
other officer of election whose duty it is OF
shall be to receive, count, certify, register,
report, give effect to the vote of any such citi
zen, who shall wTongfully refuse omit tOreeeve,
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 name of the officer or person
whose duty it was to act thereon, and that he was
from performing such act, SHALL for every such
Ofense forfeit and pay the sum of s 500 to the per
aggrieved thereby to be recovered by an action
the case, with full costs, and such allowance for
counsel fees as the court may deem JUST and
shall also for every such offense be guilty of a
misdemean0r, and shall, on conviction thereof ba
fined not less than $50, be imprisoned not less
than one 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
spective districts, shall have, exclusively of the
courts of the several States, c0gnizanCe of all
crimes and ofTeRses committed against the pro
visions of this act, and also, concurrentIy with
the circuit courts of the United States, of all
causes civil and criminal arising under this act,
except herein otherwise provided and the luris-
dction hereby conferred shall be exercised in CON
formity with the laws al practice governing
United States courts; and all crimes and otfenses
committed against the provisions of this act may
be prosecuted by the Indictment of grand jury,
in cases of crimes and Otfenses not infamous, the
prosecution my either by indictment or InfOrma
tion fled by the district attorney in court having
jurisdiction.
SEC 23 And be it further enacted, That when
ever any person shall ba defeated OF deprived of
his election to any Office, except electOr of Presi
dent Vice President, Representative or Delegate
in Congress, or member of State Legislature, by
of the denial to any itiz5n or citizens who
shall offer to vote Of theright to vote on account
of race color OF previous condition of servitude,
his right to hold and enjoy such office, and the
emolunents thereof shall not be impaired by any
such denial; and such person may bring an apprU.
pirate suit or proceeding to recover possession of
such Office and in cases where it shall appear that
the sole question touching the title to such office
arises out of the denial Of the right tc vote to ct1
zens who SO offered to vote, on account of race,
color or previons cOndirO of servitude, 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, cOncuTrentty
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 1ndment to the cOnstitu
tion Of the United States and secured by this act.
Approved May 81, 1870.