co\(;i:i-:ss, r\rn:i> STATUS. 



173 



ut distinction of raoc, color, or previous oondi- 

 :' servitude ; tiny laWj custom, usugo, or regu- 

 v State or Territory, or by or under its 

 : ' the contrary notwithstanding. 

 i. And bt il further enacted, That if by 

 r tlio authority of tho constitution or laws or 

 ate, or tliu laws of any Territory, any act is or 

 .11 l>o required to bo done as a prerequisite or 

 .;-i:iliil--:iii"ii for voting, and by such constitution or 

 i-rsons or officers are or shall be charged with 

 : i'i >riiiuiico of duties in furnishing to citizens an 

 unity to perform such prerequisite, or to become 

 qualified to vote, it shall be the duty of every such 

 i and officer to give all citizens of the United 

 - the same and equal opportunity to perform such 

 ..lisite, and to become qualified to vote, without 

 ili.ttinctionofraoe, color, or previous condition of ser- 

 vitude ; and if any such person or officer shall refuse 

 IT knowingly omit to givo full effect to this section, he 

 shall, for every such offence, forfeit and pay tho sum 

 of $500 to the person aggrieved thereby, to bo recov- 

 ered by an action on the case, with full costs and such 

 allowance for counsel foes as the court shall deem 

 just, and shall also, for every such offence, be deemed 

 guilty of a misdemeanor, and shall, on conviction 

 thereof, bo fined not loss than $500, and be imprisoned 

 not less than one month and not more than one year. 

 SEC. 8. And be it further enacted. That whenever, 

 by or under tho 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 by any citizen as a 

 prerequisite to qualify or entitle him to vote, the offer 

 of any such citizen to perform the act required to bo 

 done as aforesaid shall, if it fail to be carried into 

 execution by reason of the wrongful act or omission 

 aforesaid of the person or officer charged with the 

 duty of receiving or permitting such performance or 

 offer to perform or acting thereon, be deemed and 

 held as a performance in law of such act ; and the 

 person so offering and failing as aforesaid and being 

 otherwise qualified, shall bo entitled to vote in the 

 same manner and to the same extent as if he had in 

 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 givo 

 effect to the vote of any such citizen, who shall refuse 

 or knowingly omit to receive, count, certify, regis- 

 ter, report, or givo 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 person whose duty it was to act 

 thereon, and that ho was wrongfully prevented by 

 such person or officer from performing such act, shall 

 for every such offence forfeit and pay the sum of 8500 

 to the person aggrieved thereby, to be recovered by 

 an action on the case, with full costs and such allow- 

 ance for counsel fees as tho court shall deem just, and 

 shall also, for every such offence t be guilty of a mis- 

 demeanor, and shall, on conviction thereof, be fined 

 not less than $500, and be imprisoned not less than 

 one month and not more than one year. 



Sue. 4. And be it further enacted, That if any per- 

 son, by force, bribery, threats, intimidation, or other- 

 wise, shall hinder, delay, prevent, or obstruct, or 

 attempt to hinder, delay, prevent, or obstruct, any 

 citizen from doing any act required to be done to 

 qualify him to vote or from voting at any election as 

 aforesaid, such person shall for every such offence 

 forfeit and pay the sum of $500 to the person aggrieved 

 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 offence be guilty of a misdemeanor, and shall, 

 on conviction thereof, bo fined not less than $500, and 

 be imprisoned not less than one month and not inoro 

 than one year. 



SEO. 5. And be it further enacted, That any person 

 who shall be deprived of any office, except tnat of 

 member of Congress or member of a State Legisla- 

 ture, by reason of the violation of tho provisions of 



this act. shall bd entitled to recover possession of 

 such office by writ of mandamus or other appropriate 

 proceeding ; and the circuit and district court* of the 

 United States shall have concurrent jurisdiction with 

 the proper titato courts of all COUCH arising under thin 

 section. 



SEC. 6. And be it further enacted, That the district 

 courts of the United States, within their respective 

 districts, shall have, exclusively of the court.-. 

 several States, cognizance of all crimes and : 

 committed aguinst the provisions of thin act, and 

 also, concurrently with the circuit courts of the Uni- 

 ted States, of all causes, civil and criminal, arising 

 under this act, except as herein otherwise provided ; 

 and the jurisdiction hereby conferred shall be exer- 

 cised in conformity with the laws and practice gov- 

 erning United States courts; and all crimes and 

 offences committed against tho provisions of this act 

 may be prosecuted by tho indictment of a grand jury, 

 or, in cases of crimes and offences not infamous, the 

 prosecution may bo either by indictment or informa- 

 tion filed by the district attorney in a court having 

 jurisdiction. 



SEC. 7. And be it further enacted, That the district 

 attorneys, marshals, and deputy marshals 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 be, and 

 they are hereby, specially authorized and required, 

 at the expense of the United States, to institute pro- 

 ceedings against all and every person who shall vio- 

 late the provisions of this act, and cause him or them 

 to be arrested and imprisoned, or bailed, as the cano 

 may be, for trial, before such court of the United 

 States or territorial court as has cognizance of tho 

 offence. And, with a view to afford reasonable pro- 

 tection to all persons in their constitutional right to 

 vote without distinction 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 

 circuit courts of the United States, and the superior 

 courts of tho Territories of the United States^ from 

 time to time, to increase the number of commission- 

 ers, so as to afford a speedy and convenient means 

 for tho arrest and examination of persons charged 

 with a violation of this act ; and sucn commissioners 

 are hereby authorized and required to exercise and 

 discharge all tho powers ana duties conferred on 

 them by this act, and the same duties with regard 

 to offences created by this act, as they are authorized 

 by law to exercise with regard to other offences 

 against the laws of the United States. 



SEO. 8. And be it fvrtfor enacted, That it shall be 

 the duty of all marshals and deputy marshals to 

 obey and execute all warrants and precepts issued 

 under the provisions of this act when to them di- 

 rected ; and should any marshal or deputy marshal 

 refuse to receive such warrant or other process when 

 tendered, or to use all proper means diligently to 

 execute the same, he shall, on conviction thereof, bo 

 fined the sum of $1,000, to the use of the person 

 deprived of the rights conferred by this act. And 

 the better to enable the said commissioners to execute 

 their duties faithfully and efficiently in conformity 

 with tho Constitution of the United States and tho 

 requirements of this act, they are hereby authorized 

 and empowered, within their districts, respectively to 

 appoint, in writing, under their hands, any one or 

 more suitable persons from time to time to execute 

 all such warrants and other process as may be issued 

 by them in tho lawful performance of their respective 

 duties ; and tho persons so appointed to execute any 

 warrant or process as aforesaid shall have authority 

 to summon and call to their aid the bystanders or 

 posse comitatus of the proper countv, or such portion 

 of the land or naval forces of tho United States or of 

 the militia as may bo necessary to the performance 



