The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-06-05
An Act

To Enforce the Right of Citizens of the United
States to Vote in the Several States of this
Union, and for other Purposes. u
Be il enacted by the Senate and Mouse of Rep
resentatiUeS Of the United States of Americ0 an,
Congress assembled, That all citizens of tho
United States who are or shall be otherwise
qualified by law to vote at any election by tho
people in any State, Territory, district, county,
city, parish. township, school district, munich
pality, brother territorial subdivision, shall be
entitled and allowed to vote at all such elections,
without distinction of race color or previous con-
dition of servitude; any Constitution, law, GUS
tom, usage or regulation of any State or Terri
notwithstanding.
SEC. 2. and Be 1t further enacted, That if by
or under the authority Of the Constitution or
any act is or shall be required to be done as n
prerequisite or qualification for voting, and by
such Constitution or laws persons or officers arc
or shall be charged with the performance of du-
ties in furnishing to citizens an opportunity to
perform such prerequisite, or to become quail
fed to vote, it shall be the duty of every such
person and officer to give to. all citizens of tho
United States the same and equal opportunity
to perform such prerequisite. and to become
qualified to vote without distinction of race,
color, or previous condition of servitude and if
any such person or officer shall refuse or know
ingly omit to give full effect to this section, he
shall, for every such ~offense, forfeit and pay tho
sum of five hundred dollars to the person ag-
grieved thereby, to be recovered by an action on
the case, with full costs and such allowance for
counsel fees as the court shall deem just, and
shall also, for every such ~offense, be deemed
guilty of a m~isdeneanor, and shall, on convic-
ton thereof, be fined not less than five hundred
dollars, or he imprisoned not less than one month
and not more than one year, or both, at the dis
erection Ofthe court.
SEC. 8. And be it further enacted, That when-
ever, by or under the authority of the Constitu-
ton or laws of any State, or the laws of any
Territory, any act is or shall be required to lbel
done by any citizen as a prerequisite to qualify
or entitle him to vote, the offer of any such eitf-
zen to perform the act required to be done as
aforesaid shall, If it fail to be carried into execu-
| tiOn bV reason of the wrongful act OP omission
aforesaid of the person or officer charged with
the duty OF receiving or permitting such perfOr-
nance or offer to perform or acting thereon, DO
deemed and, held as a performance in law Of
such act; and the person so offering and failing
as aforesaid, and being otherwise qualified, shall
be entitled to vote in the same manner and to
the same extent as If he had in fact performed
such act; and any Judge, Inspector, or other
officer of election whose duty 1t is or shall be to
receive, count, certify, register, report, or give
effect to the vote Of any such citizen, who shall
wrOngfully refuse or omit to receive, count, GER
tify, 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 per-
son whose duty 1t was to act thereon, and that
he was wrongfully prevented by such person or
officer from performing such act, shall for every
such %offense, forfeit and pay the sum of five hun
dred dollars to the person aggrieVed thereby. tn
be recovered by an action on the case, with full
costs and such allowance for counsel fees an fine
court shall deem just, and shall eiso for every
such offense be guilty of q m~isdemeanor, and
shall, on conviction thereof, be fined not less
than five hundred dollars, or be imprisoned NOT
| less than one month and not more than one wear
or both. at the discretion of the court.
SEC. 4. And be ii further enacted, That If any
person, by force, bribery, threats, intimidation,
or other unlawful means, shall hinder, DELAY
prevent, or O%bstruct, or shall combine and con,
federate with others to hinder, delay. prevent.
or %obstruct, any citizen from doing any act re-
quired to be done to qualify him to vote or from
voting at any election as aforesaid. such person
| shall for every such Otfense forfeit and nav the
snm of five hundred dollars to the person ag-
| Orinyp6 fharRhy I'm hn rannYrapo1 hy,, -
on the case, with full costs and such allowance
for counsel fees as the court shall deem lust. and
shall also for every such offense be guilty of o
misdemeanor, and shall, on conviction thereof
be fined not less than five hundred dollars. or he
imprisoned not less than one month and nor
more than one year, or both, at the discretion
of the court.
SEC. s. Aud be it further enacted, That. If any
person shall prevent, hinder, control. or intirnf-
date, or shall attempt to prevent, hinder, con-
troll or intimidate, any person from exercisinp
or in exercising the right of suffrage, to whom
the right OF suffrage is secured or guaranteed Nv
the fifteenth amendment to the Constitution Of
the United States, by means of bribery. threats
or threats of depriving such person of employ.
ment or occupation, or OF e~iecting such person
from rented house, lands, or other prOperty. or
by threats of refusing to renew leases or CON
tracts for labor, or by threats of violence tn him
sell or family such person so offending shall be-
conviction thereof, be fined not less than five
hundred dollars, or be imprisoned not less than
one month and not more than one year, or both.
at the discretion of the court.
BEG. 6. And be 1t further enacted, That If tuo
or more persons shall band or cOnspire together.
or go IN disguise upon the public highway, mr.
| upon the premises of another, with intent 10
violate any provision of this act, or to iniDpe
Cypress, threaten, orintimidate any citizen with
intent to prevent or hinder his free exercise and
enjoyment or any right or privilege granted or
secured to him by the Constitution or laws of
the United States, or because of his having ey.
erclsed the same, such persons shall be held
guilty of felony, and on conviction thereof. shai1
be fined or imprisoned, or both, Mt the discretion
OF the eourt-the fine not to exceed five thous-
and dollars, and the imprisonment not to ev-
coed ten years--ands shall, moreover. be there
after ineligible to, and disabled from holding any
office Oh place of honor, profit, or trust creafea
by the Constitution or laws of the TJnifed Stsfes
SEC. 7. And be 1T further enacted, That If in
the act OF violating any provision in either Of
the TWO proceeding sections, any other felony
crime, or misdemeanor, shall be committed. tie
offender; on conviction of such Violation Of saiS
sections, shall be punished for the same with
such punishment as are attached to the said
felonies, crimes, and misdemeanors, by the laws
OF the State in which the Ofense may be com
mitted.
District Courts of the United States, within THAR
respective districts, shall have, exclusively of
the courts OF the several States, cognizance of
all crimes and offenses committed against fI,e
provisions of this act, and also, concurrenfIv
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 jurisdiction hereby conferred shall be exer-
ciSed in conformity with the laws and Dractine
governing Unlteu STATES courts and all crimes
and offenses committed against the provisions
OF this act may BIO prosecuted by theindictment
OF o grand jury, or, in cases of crimes and often
ses not infamous, the prosecution NAV he either.
BY Indictment or information filed by the Dis
trlct Attorney, in q court having jurisdiction.
SEC. g. And be St Further enacted, That tho
District Attorney, Marshals and Deputy Mar
shals OF the United States, the Commissioner
appointed by the Circuit and Territorial Conrts
OF the United States, with powers of arrestine.
1mprisoning or hailing offenders against the laws
OF the United States, and every other ofipnr vbc
may be specially empowered by the President
OF the United States, shall be, and they are here
by, specially authorized and required. at tho
expense of the United States, to institute nro-
ceedings against all and every person who shall
Viotate the provisions OF this act, and eatsc him
or them to be arrested and imprisoned, or bailed.
as the case may be, for trial before such court.
of the United States or Territorial Court as hes
cOgnizance OF The offense. And with a view to
afford reasonable protection to all persons in
their constitutional right to vote. without dis
seTVitude, and to the prompt discharge of the
dut1es OF this act. it shall he the duty OF the Cir
cut Courts OF the United States, and the slDe-
Tfor courts OF theTerfit0ries of the United States.
from time to time, to increase the number of
Commissioners, SO as to afford II speedy and con
agenient means for the arrest and examination
on persons charged with a violation of this act;
and such Commissioners are hereby authorized
and required to exercise and discharge all the
powers and duties conferred on them by this act,
and the same duties with regard to offeuges
created by this act as they are authorized by law
to exercise with regard to other otfenses against
the laws of the United States.
SEC. 10. And be at further enacted. That IT
shall be lawful for the President of the UnttnS
States to employ such part Of the land o.. naval
forces of the United States, or of the militia. as
shall be necessary to aid in the execution az i'll