The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-08-14
An Act


Be ii enacted by The Senate and House ri Rep
yeSeHtutires of The United suites of america IN,
Congress assembled, That all citizens of tho
United States who are or shall he 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 DO
entitled and allowed to vote at allsuch 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
tory, or by or under its authority. to the contrary
notwithstanding.
SEC. .. Amd 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 q
prerequisite or qualification for voting, and by
such Constitution or laws persons or officers are
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 il
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, he deemed
guilty ola misdemeanOr, 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 of the court.
SEC. 3. 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 bel
done by any citizen as A prerequisite to qualify
or entitle him to vote, the offer of any such citi-
zen to perform the act required to be done as
aforesaid shall, if it fail to be carried into eXecu-
ton by reason of the wrongful act or omission
aforesaid of the person or officer charged with
the duty of receiving or permitting such perfor.
nance or offer to perform OF acting thereon, be-
deemed and held as a performance in law Of
Grrh nDt. nn6 fhn iNaICnT ca n$SnWiI1r DoI JlS-r
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 it is or shall be To
receive, count, certify, register, report, or give
effect to the vote of any such citizen, who shah
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 OF.
officer from performing such act, shall for every
such Ottensc, forfeit and pay the sum of five hun
dred dollars to the person aggrieved 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 elsO for every
such ottense be guilty OF a misdemeanOr, and
shall, on conviction thereof, be fined not less
than five hundred dollars, or be imprisoned not,
less than one mouth and not more than one year,
or both, at the discretion of the court.
l.. SEC. A.. AMI be II FURTHER enacted, That if any
person, by force, bribery, threats. intimidation.
or other unlawful means, shall hinder, DELAY,
prevent. or %OhStruct, or shall combine and cor
fcderate with others IN hinder, DELAY, Urevent.
or %obstlrct, amy citizen fr0nt dninr inv oct rc''
CURED to be done to qualify him to vote or fran,
voting at any election as aforesaid, such person
shall for every such OtfenSP forfeit and nav tbc
snm 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 far every such OffenSc he guilty of q
misdenlcanOr. and shall, on conviction thereof.
be lined 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.
SEC. 5. And be il further cnaetcd. That If anv.
person shall prevent, hinder, control. or intimi-
date. or shall attempt TO prevent, hinder, con
trOl or intimidatc, any person from exercising
or in exercising the right Of suffrage. to whom
the right OF suffrage is secured or guaranteed by
the fifteenth amendment tn the Constitution Of
the United States, by means of bribery, threats,
or threats of dcpriving such person Of employ
ment or occupation, or of ciecting such person
from rented house, lands, or other prOpcTty. or
by threats of refusing to renew leases or con
tracts for labor, or by threats of violence to him
self or family, snch person so offending shall h,
deemed guilty OF u misdemeanor, and shall, on,
conviction thereof, he fined not less than i've
hundred dollars, or be imprisoned not less than
one month and not more than one Year. or both
at the discretion of the court.
SEC. 6. And be II fUrther enacted, That if two
or more persons shall band or c%onspirc together,
or go III disguise upon the public highway. On,
upon the premises of another, with intent ta
violate any provision Of this act, or to iniure.
! "IIi C2S> thithtSIl, VI llIIIIiVntt ANY plf1THn with
intent to prevent or hinder his free exercise and
enjoyment OF any right or privilege granted OF.
secured to him by the Constitution or laws Of
the. United States, or because of his having cx-
erCised the same such persons shall be hello
guilty OF felony, and on conviction thereof shall
be fined or imprisoned, OF both, Mt the DISCRETION
OF the c0urt-thc fine not to exceed five thNns-
and dollars, and the Imprisonment NOT to "y.
coed ten years-ands shall, moreover, bc there.
after ineligible to, and disabled from holdin~ any
office or place of honor. profit, on trust rTCatcIr
by the Constitution or ,, LAYS Of the United States,
tho act If ~Ti"Iatins any provision in either of
the tWro nroneGSag sections, any other felony.
crirn,, az nosdeTneanOr. shall be committed, the
offenG~", on conviction of such violation Of said
actions, 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 Otfense may he com
mitted.
SEC. 8. And be IL FURTHER ennctcd, That the
District Courts Of the United States, within their
respective districts, shall have, exclusively of
the courts of the several States. cOgnizance of
all crimes and 0fenses committed against the
provisions of this act, and also, cOncurrently
with the Circuit Courts of the United States, Of
all causes, civil and criminal, arising under this
the jurisdiction hereby conferred shall be eX sm
cised in conformity with the laws and practice
governing United States courts; and all crimes
and OhenSes committed against the provisions
Of this act may be prosecuted by the Indictment
of a grand jury, or, in cases of crimes and 0ffen-
ses not infamous, the prosecution may be either
by Indictment or information filed by the Dir
trict Attorney in a court having Jurisdiction.
SEC. Q. and be ii Further enacted, That tho
District Attorney, Narshals and Deputy Mar
slals of the United States, tho Commissioners
appointed by the Circuit and Territorial Courts
of the United states, with p0werS of arrcsting.
imprls0nins or balling Offenders against the laws
OF the United States, and every other officer who
may be specially empowered by the President
of the United states, shall be, and they are here
by, specially authorized and required, at the
expense of the United States, to institute pro
ceedlngs against all and every person who shall
violate the provisions of this act, and cause him
or them to be arrested and imprisoned, or bailcd,
aa tho case may he, for trial before such court.
of tho United States or Territorial Court as has
cOgnizance of The OtfenSe. And with a view t.
afford reasonable protection to all persons in
their constitutional right to vote, without dis
tinction of race, color or previous condition OF
scrvttude, and to the prompt discharge of the
duties Gf this act, it shall he the duty Of the Cir
cult Courts of the United States, and the supc-
riOr courts OF the Territories of the United STATES,
from time to time, to Increase the number Of
commissioners, so as to afford u speedy and con
venlent means for the arrest and examination
of 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 aer,
and the same duties with regard to OfftnseS
created by this act as they are authorized by law
to exercise with regard to other ofFepSes against
the laws of the United States.
SEC, Il, Aadbe it further enacted, That H.
shall be lawful for the President Of the United
states to employ such part of the land or naval
forces OF the United States, or of the militia. rs
shall be necessary to aid in the execution of jill
dicial process issued under this act.
SEC. 50. AMI be itfurther enncicd. That when
ever any person shall be defeated or deprived
President or Vice-President Representative CH-
Delegate in Congress, or member of Il State Lee