The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-10-26
THE RIGHT OF SUFFRAGE.


We give for the information of all con-
cerned a brief and concise statement of the
laws as enacted by Congress for the enforce
ment of the Fifteenth Amendment: Sec
ton first enacts. "That all citizens of the
United States who are or shall be other
wise qualified by law to vote at any cleo
ton by the people in any State, Territory,
District, County, City, Parish, Township,
School District, Municipality, or other ter
ritorial sub divisions, shall be entitled and
allowed to vote at all such elections. with
out distinction of race, color or previous
condition of servitnde, any Constitution,
law, custom or usage or regulation of any
State or Territory, or by or under it's au-
thority, to the contrary notwithsts nding."
1t may be well to remark here for the bene-
fit of all concerned that the construction of
this section, which led some of our State
officials into trouble, and which resulted in
the conviction of one Register and the in
dictment of number of others, whose
trials are now pending in the United States
Circuit Court, has been overruled by that
tribunal, and the law held to apply to every
election, whether general or local. The
second section enacts "That where by the
laws of any State or Territory any act is or
shall be required to be done as a prereuuis-
Constitution or laws persons or officers are
or shall be charged with the performance
of duties in furnishing to citizens an op-
portunity to perform such prerequisite, to
entitle them to vote, it shall be the duty
OF every such person or officer to give to
all citizens of the United States the same
and equal opportunity to perform such
prerequisite and become qualified to VOTE
without distinction of race, color or previ-
Gus condition of servitude.' The penalties
for violation of this section are, first, a
fine of five hundred dollars, to be recover
ed by the party aggrieved in civil action.
with full costs and an allowance of counsel's
fees at the discretion Of the Court. The
party violating this section shall also be
deemed guilty of a misdemeanor and OH
conviction shall be fined not less than five
hundred dollars, or be imprisoned not more
than one year. From this section it ap-
pears that the officers appointed by the
State of Maryland for the registration of
voters are responsible to the United States
for the faithful performance ftheir duties,
and will be held to a strict accountability
by the national tribunals.
The third section is Of great Importance.
and as its provisions have often been mis-
understood, we give it in full. Section
third provides that whenever, by the laws
or Constitutions aforesaid, any act shall
be required to be done by any citizen as
prerequisite to qualify or entitle him to
vote, tie offer Of any such citizen to perform
tile act required to be done as aforesaid shall
If 1t fail 10 be Carried into erecution 6y reason
of the arronN'uH act or onsission aforesaid of
the person or officer charged aoHh tie duty
Of receioing or pemihiag such performance or
o6er to perform or acting thereon to be deena-
cd and held as q performance in lac of such
act; and the person SO offering and failing
as aforesaid and being otherwise qualified,
shall be entitled to vote in the same man.
ner and to the same extent as if he had in
fact performed such act. and any Judge,
Inspector or Officer Of Election whose duty
it is shall be to receive. count, certify, reg
lister, report or give effect 10 the vote Of any
such citizen, who shall wrongfully refuse
or omit to receive, count, certify, register,
report or give effect to The vote of such cit
izen on the presentation by him of his aft
davit, stating such offer and the time and
place thereof, and the name of such 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 The penalty the same as in the
preceding section The attention of the
elector or voter is especially called to this
section, from which it appears that the off
er by citizen to perform the act Or acts
required to be done by such citizen to enti-
tie him to register under the registration
laws of Maryland shall, in the case of every
person so legally entitled to be registered,
be deemed such a compliance with the law
as shall entitle him to vote, notwithstand-
ing the refusal or neglect of the Register to
record his name. Or, in other words, the
act of Congress thrusts aside the registra-
ton laws of the State when by reason of
the wrongful act of the States officers the
practical exercise of the elective franchise
would be denied the elector. The penalties
of the first section apply under this section
to the Election Judges as well as TO Regis
trars. 1t will however, he necessary for
the elector to provide himself with COM
petent legal proof of the fact of his appear
ance at the proper time and place and of
his offer to register and of the refusal of
the officer to register his name as an elector
to enable him to claim the benefits of this
section,