Year: 1876

required to be commissioned


i. Sec. 40. Be 1t further enacted, etc,


That whenever it shall be made to ap.


pear to said returning officers, by aft.


davlt or other proof, that in any city,


town; ward, parish, election precinct, or


locality, in this State, at any time be-


tween the commencement Of any regis


tratlon OF voters or revision OF such reg


lstratlOn preceding any election here


after held in this State, including the


day on which such election shall be


held, or during the time Of counting of


the votes and making statements there
OF, has been or has occurred any riot,


tumult, act OF violence, fraud, wrong.


breach of public peace from the nature


thereof calculated, intended, or of such


character as to intimidate or alarm


any class, order or character of voters OF


the State entitled to vote at such elec-


tions, or to be registered as voters enti-


tied to vote at each election, or i'm any


way hinder or obstruct them In the free


exercise OF their several respective right


OF free and uninfluenced franchise, or


from causing themselves to be duly regis


tered so as to be entitled to vote at such


election, or in taking any step and pro-


ceeding necessary to be by them taken


or had as u condition precedent to


voting ut such election, or in the


free, unembarrassed and uninfiuenced


right to vote for any per-


son or persons, candidate or can


didates OF any political party or poll


tical faith, race or color, unaffected and


uninfluenced by fears of present or


future hardship or wrong Of any charac-


ter whatsoever to result to or be inflicted


upon or to be suffered by them or any


OF them by reason of and from the fact


that they at such election exercised or
attempted to exercise their own free
choice and selection in determining the


person or persons, candidate or can
didates, for office at such elections for


whom they gave or cast their vote or de-.
posted their ballot ut such election, or
II 1t shall be 80 made to appear that
within the limit Of the time aforesaid
there shall exist or have existed in any
such place or locality any open or Sc
cretly organized plan or system
OF fraud or intimidation among the
the members or adherents OF any
political party or parties, or any
other persons whatsoever, for the pur-
pose Of creating in the minds of any
other persons or voters an impression
that in the event Of q free exercise OF
their right, will and choice in casting
their votes at such election they or any
OF them so voting will become liable
to be subject to or victims of
violence, injury or wrong, either in the
present or in. the future, either in their
persons or In their property; or II it
shall be SO made to appear that during
any portion of the time and period afore-
said, between the commencement of reg
istration and tho close OF the election,
efforts to intimidate any voter or voters
have been made by any person or per-
sons in any such locality by means of
Of violence, either against indi-
vidual voters or the voters belonging to
any race, class or political party or
faith, by means Of any such threats of
violence, made publicly or by posting
written or printed threats Of violence,
or any legend, sentence, engraving, de-
vice or picture from which intended
violence can be reasonably inferred,
the same be written or printed
In any form, In any newspaper, fly sheet,
Or circular, or posted on or near any
dwelling housc occupied by any voter or
voters, or scattered and distributed on
Or along any highway or public place,
)r dispatched by telegraph or sent
through the public mail or by private
hands.


Or il it shall so appear that within the |
period Of time aforesaid any considera- |
Ole number or bodies Of persons, armed |
)r otherwise, shall march about, parade
ind exhibit themselves together for the
purpose OF conveying an impression of
violence against any class
II persons entitled to vote, or II they


hall resort to disguise for any such
lbout firing or discharging either small
lrms or artillery, or shall take any per-
on entitled to vote at any election from
lis house or premises, either in the
light or in the daytime, and subject
uch voter to great bodily fear and ap-
or shall destroy the life of


uch voter, with intent thereby to in
imidate other voters in order to prevent
hem or any Of them from attempting to
,e registered as voter or voters ut such


lection, or voting at such election; or
I such act of violence shall be found to
ave had such effect in such locality, or
shall be SO made to appear that at any
ime between the said commencement OF
egistration or the revision thereof pre-
eding any election as aforesaid and the
lose Of the day of said election, and
he counting of the votes cast thereat
nd making statements thereof required
" law, that any number OF white per-
ons shall have combined and conspired
Dgether, or shall In concert or In appa- !,
ent concert act together to influence
nd intimidate any citizen OF the State
aving the right to vote at elections /,
eing persons Of color other than white,
r of African descent or race, to influ-
nee them or any Of them, by fear or
lenace of any character, or i'm any other
lanner, in their free exercise OF their {
espective rights OF franchise, or to in
uencc or coerce any such person or
ersons in the choice and selection Of I
ne person or persons, candidate or can
idates, for whom they shall cast their .
otes, or shall cause or endeavor to !
ause such voter or voters to vote for !
ersons for whom they would not OF
leir free will and choice have cast
leir votes, or influence them or
ny Of them to abstain from voting ut 7
ny such election by creating i'm the ,
linds Of any such person or persons !.
ar and apprehension Of danger, wrong, !
Jury or hardship to which they or any
them may or might be subjected or !
ecome liable in the event that they had !
Sercised their own free will or choice in I
lsting their said votes, on account OF 7
le race and color Of said voters, or IL it I
Dpears that for the purpose of 50 infiu- y
lcing such voters in casting their votes,
treats of withholding from such per-
ms future employment, or OF discharge l
ON present employment, or general i,
treats against the race to which such I
)ters belong; or it it shall be made so
appear that any number Of persons OF !
frican descent or color other than |
hite shall have combined and conspir- {
together, acted in cOncertor apparent q