Year: 1870

| Oh lulS StCtlOU stCtub w UC ihteuuSo W
destroy all distinction between white and
colored citizens SO far as the ballot is
concerned, by placing them on the same
equality in the exercise of the right oi
suffrage, yet it also in substance declares
that all citizens" who are by the laws
of the State qualified to vote, shall erer-
else that right, but that none of them shall
be prevented from the exercise of it, by
reason of race, color or previous condi'
ton of servitude 1t follows therefore
that h" all citizens" who are entitled to
vote under the Constitution and the laws
of the State, are protected in the exer'
else of the right Of suffrage under this
ton declares who shall use the ballot,th'
second is intended to protect the voteI
in the exercise Of that right, by securing
to " all citizenn' whether white or color
ed, who by the terms of the first section
are entitled to vote, a fair and impartial
registration, when registration is "pre.
requisite or qualification for voting"


1t declares that where "any act is oi
shall be required to be done as pre-
requisite or qualification for voting by
the Constitution and laws Of any State
that the persons or officers who are
charged with the performance Of such
duties in furnishing to citizens "an op-
portunity to perform such prerequisite
or to become qualified to vote" shall
give to "al citizens of the United States
the same and eqral opportunity to per
form such prerequisite, and to become
qualified to vote, and that no citizen shall
be denied "the same and equal opportuni-
ity to perform such prerequisite, and to
become qualified to vote because "of
race, color, or previous condition of
servitude" The language here employ
ed is positive and explicit, and l see no
occasion to resort to any legal rules to
aid the court in giving the Interpretation
of or construction to this section. The
object ofthis section is evident, and clear
ly means that any officer having charge
Of the registration of voters under the
laws Of the State, who "refuscs or know
ingly omits to give full effect TO the law" )"
by placing the name Of any citizen on the
list Of voters who applies for registra-
ton, and is entitled under the Constitu
ton and laws Of the State to be register
ed as a voter. is guilty ofa misdemeanor,
and is liable to criminal prosecution as
wsll as to civil action to the party ag
grieved.


The last clause of the Fourteenth
amendment to the Constitution OF the
United States provides that no one shall
be denied the equal protection Of the law.
In framing this act, Congress must have
had this provision of the Constitution in
view. 1t cannot be supposed that it
would escape their attention. 1t must
therefore be conceded that all citizens are
under the fundamental law of the land
entitled to equal privileges and the equal
protection Of the law. The latter right
is embraced by the very words of the a.
mendment. 1t is incredible to suppose
that Congress intended by the passage Of
this act to do so vain thing, as to enact
law purely for the benefit OF one class
of citizens, to the manifest neglect and
prejudice of another, thus attempting by
legislation to deprive them of the equal
privileges and the equal protection of the
law, as guaranteed by the l4th amend
ment. If such is its true construction,
it would be clearly in conflict with this
amendment to the Constitution Of the
United States.


If | am right in the view | have just
presented, it follows that no doubt can
exist in the mind Of any one rs to the
proper construction of the first and sec
ond sections, and that they were not in
tended, and do not discriminate in favor
Of any class Of citizens.


No right protected by our common
Constitution is held more sacred and
dear to the citizen, than the right Of suf-
frage, and it cannot be supposed that
Congress, in enacting law for the pro
lection of the rights of those who were
enfranchised by the 18th amendment,
would at the same time so frame the law
as to secure protection alone to that class
of citizens, leaving nne-t -tenths OF the
population of the entire country unpro-
tectsd by it's provisions.


The third section makes provisions for
the exercise Of tho right Of suffrage mhcre
any citizen has by reason of the wrong
ful act or omission Of the persons or Of
hcers charged with the duty of receiving
or permitting the performance or the Of.
fer to perform any act, which by the laws
of the State is required to be done rs a
prerequisite to qualify or enttle such
citizen TO vote, by declaring, that the
offer of any citizen to perform the act re
qured to be done by the Constitution
and laws Of the State as q prerequisite to
qualify or cnttle him to vote, being
otherwise qualified to vote, shalrbe deem
ed and held in law as q performance of
such act, and enttle him to vote in the
same manner and to the same extent as if
he had in fact performed such act, by re-
qurng the officer holding the election to
receive and give effect to the vote OF such
citizen upon the presentation by him Of
his affidavit stating the time and place Of
the offer to perform the required act and
the Lame Of the officer who wrongfully
prevented him from performing the nee
essary prerequisite to vote" 1t will be
perceived that the object OF this section
is not only to give relief to the voter who
is wrongfully deprived Of his right to
register, when registration Is prefequi
site and qualification to voting by pro.
viding mode Of voting in such cases,
but to furnish remedy against the exer.
else of arbitrary power upon the part OF
,bo n.rsnns and officers who have charge