The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-08-21
An Act

BE 1t enacted by the Senate and House Of Rep
reSent0tireS Of the United States of A mericu IN,
Congress assembled, That all citizens of tho
United States who are or shall be otherwise
qualified by lay to vote at any election by tho
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
tory, or by or under its authority, to the contrary
Notwithstanding.
SEC. 2. And be 1t FURTHER enacted, That if by
or under the authority of the Constitution or
laws of any State, or the laws of any Territory,
any act is or shall he required to be done as O.
prerequisite or qualification for voting, and by
such Constitution or laws persons or officers are
or shall be charged with the performance of dll-
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 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 seryitude 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 OttenHe, forfeit and pay tho
sum of five hundred dollars to the person ag-
grieved thereby, to he recovered by an action 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- deemed
guilty of mlsdemeanOr and shall, on 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
cretlOn or the court,
SEC. 3. and be 1t 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 or acting thereon, be-
deemed and held as q 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 i'll 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 it was to act thereon, and that
he was wrOngfully prevented by such person or
officer from performing such act, shall for every
such OfenSe, forfeit and pay the sum of five hun
drcd dollars to the person aggr1eVed 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 else for every
such Offense be guilty OF q m~tsdemeanOr, 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. 4. And be ii further enacted, That if any
| pbFSDuy ny IUIC5, DIlb6fy, IuEGdLSy lutlmluaG1Onv
or other Unlawful means, shall hinder, delay,
prevent, or Obstruct, or shall combine and con-
federate with others to hinder, delay, prevent,
or o%bstruct, 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 offense forfeit and pay the
sum of five hundred dollars to the person az
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 Otfense be guilty of n
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
SEC. 5. And be n further enacted, That If anv
person shall prevent, hinder, control. or intimf-
date, or shall attempt to prevent, hinder, con-
troll or intimidate, 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 depriving 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 or con-
tracts for labor, or by threats of violence to him
self or family, such person SO offending shall be
deemed guilty of a 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.
SEC. 6. ana be 1t Further enacted, That If 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 intimidate 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 court-thef fine not to exceed five thOus-
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 it further enacted, That II in
the act OF violating any provision in either of
the twO preceding sections, any other felony.
crime, or misdemeanOr, 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 miSdemeanOrs, BY the laws
of the State in which the Ofense may be COM
mitted.
SEC. g.. And be 1t further enacted, 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 offenses committed againsE the
provisions of this act, and also, concurrentlv
with the Circuit Courts of the United States, Of
all causes, civil and criminal, arising under this
the jurisdiction hereby conferred shall be exer-
cised in conformity with the laws and practice
governing United States courts and all crimes
and otfenses committed against the provisions
OF this act may be prosecuted by the Indictment
of a grand jury, or, in cases of crimes and often
ses not infamous, the prosecution may be either
by Indictment or information filed by the Dis
trict Attorney in q court having Jurisdiction.
SEC. Q. And be 1t 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 arrestinV,
imprisOning or bailing 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, Mt 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 he arrested and imprisoned, or bniled,
as the case may be, for trial before such court
of the United States or Territorial Court as has
| cOgniZance of The Otfense. And with a view to
afford reasonable protection to ali persons in
their constitutional right to vote, without dis
tinctiOn Of race, color or previous condition OF
servitude, and to the prompt discharge of the
duties of this act, it shall be the duty of the Cir
cult Courts of the United States, and the supe-
rior courts of the crTit0ries of the United States,
from time to time, to increase the number of
commissioners, so as to afford a speedy and con-
venient means for the arrest and examination
of persons charged with a violation of this act =:
and such Commissioners are heMby- 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 offenscR
created by this act as they are authorized by law
to- exercise with regard to other Offenses against
the laws of the United States.
SEC. 10. And be IL further enacted, That ii
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, al
shall be necessary to aid in the execution of jul
dicial process issued under this act.
SEC. %. And be III arther enacted, That when.
ever any person shall be defeated or deprived
of his election to any office, except ElectOr OF
; President or Vice-President, Representative or
Delegate in Congress, or member of q State Leg.
%islature, by reason of the denial to any citizen