The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-06-24

for IN individual could not be laid thar
this. Any private citizen who neglected
to assist negro man in voting could be
punished under this bill by fine and i'm
prisonment. Could II be possible that
such a proposition should 90 forth from
the Senate OF the United States. Must q
citizen be fined because he will not extend
his arm to colored citizen and lead him
10 the ballot box. This bill made every
man conductor Of colored voters.
Mr.. Edmunds said'the law already on
the Statute books had fallen through the
meshes OF the Supreme Court on &C.
count Of the want ola word and the Com.
mittee on Judiciary so far as they had
any responsibility about 1t, did not 10.
tend that this supplementary act should
meet the fate OF lis predecessor.
After further debate the amendment
OF Mr.. Thurman 70 strike The words
"person or" was rejected-yeas IA nays
81. II was strict party vote.
Mr.. Whyte moved to amend the second
section by striking out the word "faili
aud insert in lieu thereof the word Gre
fuse" so as to provide that any person
who shall refuse 10 allow and furnish to
any citizen their full, impartial and
qualopportunity TO vote shall be deemed
guilty OF misdemeanor, and onteonyic-
tion be punished by fine not exceeding
81 900 and be imprisoned not exceeding
two years. ,5..i. aI-g -
Mr.. Edmunds said that the amendment
was only calculated, he would notsay de-
signed, to emasculate the force Of the bill;
Tie amendment was agreed to-yeas 16,
nays 81. a .. -.g., ~
Mr. Norwood moved 10 amend the sec
ond section by striking out the words
"and furnish, ESQ as to provide that any
person who shall refuse TO allow any cit
izen u full, fair. impartial and equal OPP
portunity, DC. Rejected; yeas 15, nays 20.
Mr.. Christiancy moved TO amend the
section by striking out thewords "person
or" in the first line, and insert at the
END OF the third line the words "or pre-
tending to be such officer or assuming 10
exercise such authority so as 10 read
that II any officer Of the United States
or officer Of any State or any person ex-
Eercising power or authority under the
United States or any State, or pretending
to be such officer or assumingfto exercise
such authority, shall deny-or abridge
to any citizen ot the United States the
right TO vote, &C.. 49,. ,....,g. .
The Presiding offiper (Mitchell) ruled
the amendment out OF order, the first
part Of it having been already voted upon
by the Senate. 10.
Mr.. Thurman argued that the Senator
had right to move to strike out certain
words and insert others in another part
Of The section. BE appealed from the
decision OF the chair:
After discussion, Mr.. Thurman with
drew his appeal and Mr., Christiancy
modified his amendment 80 as to come
within the ruling Of the. .ohair,andit:.was
rejected-yeas 10, nays 26,vss.
| The secondsectionof the bill as report
cd by the committee was then agreed to.
l. Thecommittee reported Sd section Of
the bill as follows: r.... O. h' a. 7
That whenever, by or under the au-
thority OF the Constitution or laws OF any
State, or the laws Of any Territory, or
the laws OF the United States, any act
shall be required to be done by any citi-
zen as prerequisite to qualify or .entitle
him TO vote, the offer Of any such citizen
to perform the act required to be done as
aforesaid shall, II it fail to be carried
into execution by reason OF fhe wrongful
act or omission Of the person or.officer
charged with the duty OF receiv-
ing or permitting such performance
or offer TO perform any action therein
prescribed, shall be deemed and be held as
performance by such person Of his duty
| in the premises, and persons 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 II he had in fact performed such
act, and as II such person or
officer had done his duty in the
premises. And any judge, inspector, or
other officer Of the election whose duty
il Is or shall be to secure, count, certify,
register, report or give effect to the
lawful vote Of any citizen, who shall
wrongfully refuse or omit to secure,
count, certify, register, report or give
effect to the vote Of such citizen, so hay-
| ing offered, and failed to perform as
Aforesaid; upon presentation by him
OF his affidavit, stating he had a right TO
qualify IA a voter, and such offer and the
time and place thereof, and the name Of
the officer or person whose duty IL was to
act thereon, and that he was
wrOngfully prevented by snch officer or
person from performing such act BY rea-
son OF his race, color Or previous condi-
tion OF servitude, such officer or
person shall for every such offence
forfeit and pay the sum Of $500 10
the person aggrieyed thereby, to be re-
covered by an action in the case with
full costs, and such allowance for counsel
fees as the court shall deem just, and
shall also for every such ofIense be DEEM
ed guilty Of misdemeanor and shall on
conyiction thereof be fined not less than
$500 or imprisoned not less than one
month and not more than one year or
both, in tho discretion Of the court.
-uEwfsE AND IsfpoIrrTu.:-