The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-08-07
Aaa Act
Enforce the Right of Citizens of the United
States to Vote in the Several States of this
Union. and for Other Purposes.

BE ~ PlEuEiCu on tNy SeVGS ufI AOISF u hBD-
reSentdtireS Of The TNjted states Of America IN,
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 in any State. Territory, district, county,
city, parish. township, school district, munici-
pality, brother territorial subdivision, shah ho
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 Icrrl-
tory, or by or undcrits authority, to the contrary
Notwithstanding.
SEC. 2. AMI BE- it fnrther 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 be required to be done as Il
prerequisite or qualification for voting, and ny
such Constitution or laws persons or officers are
or shall be charged with the performance of dl-
ties i'll furnishing to citizens in opportunity to
perform such prerequisite, or to become quail
fed to vote, it shall he 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 SerVltude 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 otfense, forfeit and pay the
sum of five hundred dollars to the person ag-
grievcd 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 otfenSc. be deemed
guilty of m~isdemeanor, and shall. TN convic-
tiOu 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
erection of the court.
SEC. 8. And be il ttuther enncted. 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 OF 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 he done as
aforesaid shall, if it fail to be carried into eXeCI-
ton by reason OF the wrongful act or omission
aforesaid of the person or officer charged with
the duty Of receiving or permitting such pCrfOr-
nance or offer to perform or acting thereon. he
| deemed and nelu as Il performances IN law of
such act; and the person so offering and failing
as aforesaid, and being otherwise qualified, shall
be entitled to vote i'll the same manner and to
the same extent us IT he had i'll 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 maine 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 ~Ottense, forfeit and pay the sum of five hun
bred dollars to the person agGrteved thereby, to
he recovered by an action on the case, with full
costs and such allowance for counsel fees rs the
court shall deem just, and shall else for every
such Otfense be guilty OF n iSdemeanO 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 OhstruCt, or shall combine and con
federatc with others to hinder, delay, prevent,
or Obstruct, amy 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 offcnse 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 offense be guilty of a
l,jsJnTrnOnnT and shall IN nnnuintipn +hnr,.F
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 ii FURTHER enacted, That if anv
person shall prevent, hinder, control. or intimi-
date, or shall attempt to prevent, hinder, con.
troll or intlmidate, 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 deprlving such person of employ
ment or occupation. or of Ciecting 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 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, OF both,
at the discretion of the court.
SEC. 6. Ard be il FURTHER enncted. That if two
OF more persons shall band Or cOnspire together,
or go in disguise upon the public, highway, or
upon the premises of another, with intent tn
violate any provision of this act, or to iniure.
Cypress, threaten, Orintimidate 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-the fine not to exceed five th0us-
and dollars, and the Imprisonment not to eX-
ceed ten years-and shall, moreover, he there
after ineligible to, aud disabled from holdingany
office or place OF honor, profit, or trust created
by the Constitution or laws of the United States.
SEC. {. and be it FURTHER enacted. That if in
the act OF violating any provision in either of
the two proceeding sections, any other felony,
crime, or misdeIncanOr, shall be committed, the
offender, on conviction of such violation of said
sections, shall be punished for the same with
such punishment as arc attached to the said
telOnies, crimes, and misdcmleanors, by the laws
Of the State i'll which the Offense may be com
mftted.
SEC. 8. and be it farther enacted. That tho
District Courts Of the United States, within their
respective districts, shall have, exclusively of
the courts OF the several States, cOgnizancc OF
all crimes and ottenses committed against the
PROVISIONS OF this act, and also, c0ncurrently
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 eyer-
cised In conformity with the laws and practice
governing United States courts and all crimes
and 0ttenses committed against the provisions
or this act may be prosecuted by the Indictment
OF q grand jury, or, in cases of crimes and often
Ses not 1nIalnOuS, the prosecution may be either.
by indictment or information filed BY the Dis
trlct Attorney in a court having Jurisdiction.
SEC. 8. And be it 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,
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 he, and they are here.
by, specially authorized and required. at thu
expense of the United States, to institute nrO.
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 hailed.
as the case may be, for trial before such court
of the United States or Territorial Court as has
c0gnizance of The Offense. And with a view to
il1ford reasonable protection to all persons in
their constitutional right to vote, without dis
tinctiOn of race, color or previous condition of
serv1tude, and to the prompt discharge of tho
duties of this act, it shall be the duty of the Cir
cult Courts of the United States, and the supe-
TiOr courts of the Territories of the United States
from time to time, to increase the humber nf
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 hereby authorized
and required to exercise and discharge ali thc
powers and duties conferred on them BY this act.
and the same duties with regard to offcnsrS
created by TINS act as they are authorized by law
10 exercise Win regard to other %otfenses against
the laws of the United States.
SEC. 10. And be it further euocted. That it
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 ~
shall be necessary to aid in the execution Of iu-
dlclal process Issued under this act.
SEC. %. and be 1further enncted. That yhor-
ever any person shall be defeated or deprived
OF his election to any office, except EIeGtOr Of
president or Vlce-President, Representative Oh.