184 



CONGRESS, UNITED STATES. 



such person voted, or attempted or offered to vote, 

 for such Eepresentative or Delegate, as the case may 

 be, or that such offence was committed with reference 

 to the election of such Eepresentative or Delegate, 

 and shall be sufficient to warrant his conviction, 

 unless it shall be shown that any such ballot, when 

 cast, or attempted or offered to be cast, by him, did 

 not contain the name of any candidate for the office 

 of Kepresentative or Delegate in the Congress of the 

 United States, or that such offence was not commit- 

 ted with reference to the election of such Eepresent- 

 ative or Delegate. 



Insert the following, to come in as section twenty- 

 two : 



SEC. 22. And be it further enacted, That any officer 

 of any election at which any Eepresentative or Dele- 

 gate m the Congress of the United States shall be 

 voted for, whether such officer of election be ap- 

 pointed or created by or tinder any law or authority 

 of the United States, or by or under any State, ter- 

 ritorial, district, or municipal law or authority, who 

 shall neglect or refuse to perform any duty in regard 

 to such election required of him by any law of the 

 United States, or of any State or Territory thereof, 

 or violate any duty so imposed, or knowingly do any 

 act thereby unauthorized, with intent to affect any 

 such election or the result thereof; or fraudulently 

 make any false certificate of the result of such elec- 

 tion in regard to such Eepresentative or Delegate ; 

 or withhold, conceal, or destroy any certificate or rec- 

 ord so required by law respecting, concerning, or per- 

 taining to the election of any such Eepresentative or 

 Delegate ; or neglect or refuse to make and return 

 the same as so required by law ; or aid, counsel, pro- 

 cure, or advise any voter, person, or officer to do any 

 act by this or any of the preceding sections made a 

 crime ; or to omit to do any duty the omission of 

 which is by this or any of said sections made a crime, 

 or attempt to dp so, shall be deemed guilty of a crime, 

 and shall be liable to prosecution and punishment 

 therefor, as provided in the nineteenth section of 

 this act for persons guilty of any of the crimes therein 

 specified. 



Strike out all of the twenty-first section, and in 

 lieu thereof insert the following, to come in as sec- 

 tion twenty -three : 



And be it further enacted. That whenever any person 

 shall be defeated or deprived of his election to any 

 office, except elector of President or Vice-President, 

 Eepresentative or Delegate in Congress, or member 

 of a State Legislature, by reason of the denial to any 

 citizen or citizens, who shall offer to vote, of the right 

 to vote on account of race, color, or previous condi- 

 tion of servitude, his right to hold and enjoy such 

 office and the emoluments thereof shall not be im- 

 paired by such denial ; and such person may bring 

 any appropriate suit or proceeding to recover pos- 

 session of such office; and in cases where it shall 

 appear that the sole question touching the title to 

 such office arises out of the denial of the right to 

 vote to citizens who so offered to vote, on account of 

 race, color, or previous condition of servitude, such 

 suit or proceeding may be instituted in the circuit or 

 district court of the United States of the circuit or 

 district in which such person resides ; and said cir- 

 cuit or district court shall have, concurrently with 

 the State courts, jurisdiction thereof so far as to 

 determine the rights of the parties to such office by 

 reason of the denial of the right guaranteed by the 

 fifteenth article of amendments to the Constitution 

 of the United States and secured by this act. 



In the House, on June 13th, Mr. Davis, of New 

 York, introduced a bill to establish a uniform 

 system of naturalization. In the form in which 

 it was presented to the House, the first section 

 provides that in all cases where any oath, affir- 

 mation, or affidavit, shall be made or taken un- 

 der or by virtue of any act or law relating to the 



naturalization of aliens, or in any proceedings 

 under such acts or laws, and any person or per- 

 sons taking or making such oath, affirmation, 

 or affidavit, shall knowingly swear or affirm 

 falsely, the same shall he deemed and taken 

 to be perjury; and the person or persons 

 guilty thereof shall, upon conviction thereof, 

 be sentenced to imprisonment for a term not 

 exceeding five years and not less than one year, 

 and to a fine not exceeding $1,000. 



The second section provides that if any person 

 applying to be admitted a citizen, or appearing 

 as a witness for any such person, shall know- 

 ingly personate any other person than himself, 

 or falsely appear in the name of a deceased 

 person, or in an assumed or fictitious name ; 

 or if any person shall falsely make, forge, or 

 counterfeit any oath, affirmation, notice, affi- 

 davit, certificate, order, record, signature, or 

 other instrument, paper, or proceeding required 

 or authorized by any law or act relating to or 

 providing for the naturalization of aliens ; or 

 shall utter, sell, dispose of, or use as true or 

 genuine, or for any unlawful purpose, any false, 

 forged, antedated, or counterfeit oath, affirma- 

 tion, notice, certificate, order, record, signa- 

 ture, instrument, paper, or proceeding as afore- 

 said ; or sell or dispose of, to any person other 

 than the person for whom it was originally 

 issued, any certificate of citizenship, or certifi- 

 cate showing any person to be admitted a citi- 

 zen ; or if any person shall in any manner use 

 for the purpose of registering as a voter, or as 

 evidence of a right to vote, or otherwise, unlaw- 

 fully, any order, certificate of citizenship, or 

 certificate, judgment, or exemplification show- 

 ing such person to be admitted to be a citizen, 

 whether heretofore or hereafter issued or made, 

 knowing that such order, or certificate, judg- 

 ment, or exemplification, has been unlawfully 

 issued or made ; or if any person shall unlaw- 

 fully use, or attempt to use, any such order or 

 certificate, issued to or in the name of any other 

 person, or in. a fictitious name, or the name of 

 a deceased person ; or use, or attempt to use, 

 or aid, or assist, or participate in the use of any 

 certificate of citizenship, knowing the same to 

 be forged, or counterfeit, or antedated, or know- 

 ing the same to have been procured by fraud, 

 or otherwise unlawfully obtained ; or if any 

 person, and without lawful excuse, shall know- 

 ingly have or be possessed of any false, forged, 

 antedated, or counterfeit certificate of citizen- 

 ship, purporting to have been issued under the 

 provisions of any law of the United States 

 relating to naturalization, knowing such cer- 

 tificate to be false, forged, antedated, or coun- 

 terfeit, with intent unlawfully to use the same ; 

 or if any person shall obtain, accept, or receive 

 any certificate or citizenship, known to such 

 person to have been procured by fraud or by 

 the use of any false name or by means of any 

 false statement made with intent to procure, 

 or to aid in procuring, the issue of such cer- 

 tificate, or known to such person to be fraudu- 

 lently altered or antedated ; or if any person, 



