The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-11-20

aor previous condition of -seryttude which IS
secured; and it Is only this right when rs
granted ard protected. or which could De
granted or protected, by act Of Congress. J
Now, turning to the act OF Congress, !
remark that the second section makes it an
offence against the United States for per.
son or officer who is charged with the duty
of furnishing to citizens an opportunity TO
perform prerequisite to voting to refuse
70 allow q citizen OF the United States TO
perform such prerequisite on account oil
his race. color, or previous condition of ser.
yitude. The third section makes 1t an offence
for a Judge Of election wroDgfuily to refuse
TO- allow o citizen TO vote on account Of his
color who has offered to perform such pre-
re aaisite, and who, at the time of Offering to
vote. presents to the judge "his affidavit
stating such offer, and the time aud place
thereof, and the name of the officer
whose duty 1t was to act thereon, and
that he was wrongfully prevented by sach
person or officer from performing sucn
act Int it is no offence, as the laU no,1
stands, for a judge Of election TO refuse 70
dlIo,c citizen to cote euen on account Of
his color, unless. such citizen has Qtere9 10
perform some prerequisite 10 0oting and6een
refused. The fifth section makes 1t crime
for any person to :" prevent, hinder, con-
troll, or intimidate, or attempt to prevent,
binder, cont,ol, or intimidate any citizen OF
the Upited States from exercising the right
of suffrage" OH account of bis color, "by
means of bribery, threats, or threats of de.
Driving such person of employment or occu.
patton, or Of ejectiDg such person from rent
ed house, lands, or other property, or by
threats OF refusing to renew leases or con-
tracts for labor, or by threats of violence to
himself or family" The sixth section
makes it u crime for {" two or more persons
to conspire to commit any Of the above
offences" or "to injure, Cypress, threaten,
or intimidate any citizen with intent
to prevent or hinder bis free exercise aud
enjoyment of any right or privilege granted
or secured to him by the Constitution or the
laws of the United States, or because Of bis
having exercised the same" Among the
rights secured by the Constitution or the
laws of the United States is the right to vote
irrespective of race, color, or previous con.
dltion OF serIitude, and, therefore, it is q
crime for two or more persons to conspire to
ipjure, cypress, threaten, or inlimidate any
citizen on account Of his race or color from
voting or for having voted. 1t is probable
that he right 10 vote, irrespective of race,
color, or previous condition of servitude, is
the only right which was in the mind oil
Congress- when this act was passed; but as
the language of the statute is compreheH.
sive -'sany right or privilege granted or Sc.
cured by the Constitution or laws of the
United States I've may hereafter inquire
whether or not there is any other right SO
ed or secured the invasion of which is
punished by the statute.
The fourth section, in terms, makes it a
crime for "any person, by force, bribery,
threats. intimidation, or other unlawful
means, or from confederating with others,
to hinder or obstruct any citizen from doing
any act required to be done to qualify him
to vote, or from voting at any election
You will observe that the element of race,
color. or previous condition of seryitude is
not one OF the ingredients of the crime de-
fined by the language of this section. But
| am of the opinion that these words were
inadvertently omitted. The general right
of citizens to vote is not derived from the
United States, but from the States it there.
fore belongs to the States, and not the United
States, to protect the right. The only right
in respect TO voting which can claim TO be
derived from the United States is the right
not 10 be hindered, DISTRACTED, or mo.
Tested in voting, or for having voted, on ac-
count OF race, color, or previous condition
of seryltude, and it is this right only which
Congress can protect. Nfollo,os ttat,oe must
read this section as if these aoorls ,oere IN
serted in at; that is, the preventing, hinder
ina, and obst,ucting of the citizen from 10.
ting, intended TO bepunished, as preventing,
hindering, or obstructing on account of the
uoter's race, color, or precious condition of
servitude. AL other hindertnas, obstruc.
tons. or moleStations Of citizens an uoting. or
for hautng uoted,: are acitt'n the exclusive
jurisdiction of the State. 1t is no
more an offence against the United
States to prevent black man from voting
than it is to prevent white man, but if
either is prevented from voting on account
of his race or color, this preventing is cog
nizabIe by the United States, and is crime
under the statute TO which have been d.
recting your attention. 1t is true, il was
hardly contemplated that any attempt would
anywhere be made to exclude white men
from voting on account of their color; but
should such an attempt be made it cannot be
denied that they, too, may claim the protec-
ton which the Constitution and the acts OF
Congress give to the right Of all citizens of
the United States to vote irrespective OF race
or color.
The seventh section provides "that if in
the act of violating any provision Of either
of the two preceding sections any other
felony, crime, or misdemeanor, shall be com.
mtted, the offender, on conviction Of such
violation of said sections, shall be punished
for the same with such punishments as are
attached to said telonies, crime, and misde.
meanors, by the laws of the State In which
the offence may be committed" If by this
is meant that if any person or persons shall,
in hnderipg any citizen from voting on &C.
count of race, color, or previous condition
of servitude, commit some crime which is not
specifically described in the fifth and sixth
sectioss, but which is defined in the common
law and statutes of the several States, he and
they shall be deemed guilty of a crime against
the United States, l am not prepared to say
that the guilt may not be inquired into here.
Indeed, it is easy to conceive OF one being pre-.
vented from voting on account of bis race or
color by means OF those acts which consti-
tute the higher crimes, such as murder,
shooting with intent to kill, and the like, as
by bribery or the other means more directly
contemplated in the fifth and sixth sections.
1t certainly is just as competent for Con-
gress to provide for the preventing by the
use of one means as of another, and when it
prescribes q punishment for. any act it will
not be disputed that 1t may do so either by
specifically naming the punishment, or by
declaring that the act shall be followed by
the same punishment as Is attached to such
acts by the laws of the State in which the
act is done. Such legislation is not at all
unusual with Congress. 1t is that kind of
legislation which has, believe, been uni
formly applied to the forts, arsenals, and
other places over which jurisdiction has been
oo1o6 to tho y1pifa5 Ctofop b,,i fho Stotos o,d