The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-05-29
Am Act
To Enforce the Right of Citizens of the United
States to Vote in the Several States of this
Union, and for other Purposes.

Union, and for other Purposes.
Be 1t enacted by the Senate and House of Req
TesentGtlreS OF tie United States of AuaericG al,
Congress assembled, That all citizens of the
United States who are or shall be otherwise
qualified by law TO vote at any election by the
people lna any STATE; Ierrltory, district, county
pality, brother territorial subdivision, sha. be
entitled and allowed TO vote at all such elections
d1tlon OF serv1tude; 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. 2. ind be 1T further enacted, Tint if by
or under the authority of the Constitution OF
laws of any State, or the laws of any Territory,
any act Is Or snail be required to be done as a
prerequisite or qualification for voting, and by
such Constitution or laws persons or officers are
or shall be charged with the performance of du-
hes IN furnishing to citizens an opportunity to
perform such prerequisite, or to become uuali-
fled to vote, it shall be the duty of every such
| person and officer to give to all citizens of the
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 ii
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 the
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 Ofense, be deemed
guilty of q misdenleanor, and shall, OIL convic-
ton 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 dis.
| cretiOn of the court.
| SEC. 3. And be IL 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 Ibel
done by any citizen as a prerequisite to qualify
or cntitle him to vote, the offer of any such citi-
|. zen to perform the act required to be done MS
| aforesaid shall, If it fail to be carried into exeeu.
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 or acting thereon, be
| deemed and held us 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 IL 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 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 it 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 hum
bred dollars to the person aggrieyed thereby, to
be recovered by an action on the case, with fun
costs and such allowance for counsel fees as the
court shall deem just, and shall eiso for every
such offense be guilty OF a misdemeanOr, and
shall, on conviction thereof, be fined not less
IMAM HVG HuluFeQ DOLLARS. or De imprisoned nor
less than one month and not more than one year,
or both, at the discretion of the court.
SEC. 4. And be 1t further enacted, That if any
person, by force, bribery, threats, intimidation,
or other Unlawful means, shall hinder, DELAY,
prevent, or obstruct, or shall combine and CON
federate with others to hinder, delay, prevent,
or obstruct, any citizen from doing any act re-
quired to be lone to qualify him to vote or from
voting at any election as aforesaid, such person
shall for every such Offense forfeit and pay the
sum of five hundred dollars to the person ag-
uriaya6 fhppnhV IN no recovered Inv an anfjo1,
on the case, with full costs and such allowance
for counsel fees as the court shall deem Just, and
misdemean0r, 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 year. or both, at the discretion
OF the court. ##
SEC. 5. And be 1t further enacted, That If any
person shall prevent, hinder. control. or intimi-
date, or shall attempt to prevent, hinder, con
troll or intimfdate, 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 to the Constitution OF
the United States. by means of bribery, threats,
or threats Of depriying such person of employ
ment or occupation, or of ejecting such person
from rented house, lands, or other property, or
by threats of refusing to renew leases OF CON
tracts for labor, or by threats of violence to him
self or family, such person so offending shall be
deemed guilty Of q misdemeanor, 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 year, or both,
at the discretion OF the court. z.t
: SEC. 6. And be at further enacted, That il two
or more persons shall band or ~conspire together,
or go in disguise upon the public highway, or
upon the premises of another, with intent to
violate any provision of this act, or to iniure,
Cypress, threaten, or inttmidate any citizen with
intent to prevent or hinder his free exercise and
enjoyment OF any right or privilege granted or
secured to him by the Constitution or laws of
the United States, or because of his having ex-
ercised the same, such persons shall be held
guilty of felony, and on conviction thereof, shall
be fined or imprisoned, or both, at the discretion
of the eourt-the fine not to exceed five th0us-'
and dollars, and the imprisonment not to ex-
coed ten years-and shall, moreover. be there
after ineligible to, and disabled from holding any
office or place of honor, profit, or trust created
by the Constitution or laws of the United States.
SEC. Z. And be 1t Further enacted, That II in
the act of violating any provision in either of
the two preceding sections, any other felony,
crime, or misdemean0r, shall be committed, the
offender, on conviction of such violation of said
sections, shall be punished for the same with
such punishment as are attached to the said
~felOnies, crimes, and m~isdemeanors, by the laws
of the State in which the offense may be COM
mitted.
SEC. 8. And be it further enacted, That the
District Courts of the United States, within their
respective districts, shall have, exclusively of
the courts of the several States, cOgniZanee of
all crimes and 0ffenSeS committed against the
provisions of this act, and also, cGncurrently
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 practice
governing United States courts and all crimes
and 0ffenSes committed against the provisions
Of this act may be prosecuted by the Indictment
of a grand jury, or, in cases of crimes and often
SEES not infamous, the prosecution may be either
by Indictment 9r fled By The Dis
SEC. 9. And be H further enacted, That the
District Attorney, Marshals and Deputy Mar
shals Of the United States, the Commissioners
appointed by the Circuit and Territorial Courts
of the United States, with powers of arresting,
inprisoning or bailing offenders against thelaws
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-
ceedings against all and every person who shall
violate the provisions of this act, and cause him
or them to be arrested and imprisoned, or bailed,
as the case may be, for trial before such court
cognizance OF The offense. And with a view to
afford reasonable protection to all persons in
their constitutional right to vote, without dis
Gillction OF rag, e ~ OF preyi9as conaitlon OF
duties of this act, it shall be the duty of the Cir
cult Courts of the United States, and the supe-
from time to time, to increase the number of
Commissioners, SO as to at0rd a speedy and con-
venient 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 act,
and the same duties with regard to offenses
created by this act as they are authorised by law
to exercise with regard to other ofenses against
the laws of the United States.
SEC. Is. Aad be tt further enacted, That it
shall be awful for the President OF tho United
States to employ such part of the land or naval
forces of the United States, or of the militia, as
shall be necessary to aid in the execution of jul
dicial process issued under this act.
SEC. %. And be it. fnrtherenacted, Thatwhen-
ever any person shall be defeated OF deprived
toP hfc aiaoffnn m any nffina ayannf ygIaofaw ~