SEC. 3. That in case the constitution or law of any State shall require the assessment or payment of a tax as a qualification of an elector, if any assessor or other officer elected or appointed under the laws of such State, and authorized or required by the laws thereof to make any assessment of persons or property for the purpose of such taxation, shall refuse or willfully neglect to assess the person or property of any colored citizen of the United States qualified as aforesaid, and residing in the town, hundred, borough, township, parish, county, ward, or district for which said assessor or other officer shall have been elected or appointed as aforesaid, he shall, for every such of fense, forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be guilty of a misdemeanor, and shall be fined not less than $500, and be imprisoned not less than one month.

and shall be fined not less than $500 and be imprisoned not less than one month.

SEC. 6. That if any collector of taxes elected or appointed by authority of the laws of any State shall refuse or willfully neglect to receive from any colored citizen of the United States residing in such State any tax which he is required by law to collect from citizens of such State, and the payment of which tax is by the constitution or laws of such State a qualification of an elector of such State, or if any such collector shall refuse or willfully neglect to give to any such colored citizen a receipt for any such tax, when the amount thereof shall have been paid or tendered to him by such colored citizen, he shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor, and shall be fined not less than $200, and be imprisoned for not less than one month.

SEC. 7. That if at any State, county, township, hundred, or municipal election, held by the authority of any law of any State, or at any election for electors of President of the United States, or for members of the House of Representatives of the United States, any officer, inspector, or judge of the election shall refuse to receive, or shall advise SEC. 4. That in case the constitution or law of or concur in refusing to receive, the vote of any any State shall require the assessment or pay-person on account of his race, color, or previous ment of a tax as a qualification of an elector, if condition of servitude, every such officer, inspectany officer or member of any levy court, or other or, or judge shall for every such offense forfeit body of officers, authorized or required by the and pay the sum of $500 to any person whose vote laws of such State to make or correct any assess- shall have been so refused, who may sue for the ment of persons or property for the purpose of same in any court of the United States; and such such taxation, or authorized or required by the officer, inspector, or judge shall for every such laws of such State to assess or levy any such tax, offense be deemed guilty of a misdemeanor, and shall refuse, or willfully neglect or advise, or on conviction thereof shall be fined not less than shall participate, concur, or acquiesce in the re- $200, nor more than $500, and be imprisoned not fusal or willful neglect of such levy court, or less than one month. other body of officers, to assess the person or property, or to assess or levy any such tax upon the person or property of any colored citizen of the United States, qualified as aforesaid, and residing in the county or district for which said officer, levy court, or other body of officers shall have been elected or appointed, he shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor, and shall be fined not less than $500 and be imprisoned not less than one month.

SEC. 5. That if any clerk or other officer required by the law of any State to register, record, or transcribe any list of persons upon whom taxes have been assessed, or to transcribe and certify any duplicate of such list to the collector of taxes, shall refuse or willfully neglect to register, record, transcribe, or enter upon the proper assessment list, or upon the proper duplicates of such assessment list, the name of any colored citizen of the United States who has been lawfully assessed to pay any tax, the payment of which tax is by the constitution or laws of such State a qualification of an elector of such State, every such clerk or officer shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor,

SEC. 8. That any register or officer who shall refuse to register or enter upon the list of voters or list of persons who will be entitled to vote at any election the name of any colored person having the qualifications of a white citizen entitled to vote or to be placed on such list in other respects except race or color, and any officer or member of any board for the admission of electors, who shall refuse to admit to the electors' oath, or to the privileges of an elector, any colored person on account of his race, color, or previous condition of servitude, or having the qualifications of a white citizen entitled to the privileges of an elector in other respects than race, color, or previous condition of servitude, shall be guilty of a misdemeanor, and on conviction thereof shall forfeit and pay a penalty of not less than $200 nor more than $500, and shall be imprisoned not less than one month nor more than six months, or both, at the discretion of the court.

SEC. 9. That if any person shall, by threats, violence, or intimidation, prevent, or attempt to prevent, any citizen of the United States from the free exercise of his right to vote in any election at which members of Congress or electors for President or Vice President of the United States may be voted for, such person so offending shall be liable to indictment, and on conviction

thereof shall be subject to a fine not exceeding $1,000, or to imprisonment not less than one year nor more than three years, or both, at the discretion of the court.

SEC. 10. That the circuit courts of the United States shall have jurisdiction of the suits for forfeitures imposed and causes of action created by this act, and the circuit and district courts of the United States shall have jurisdiction of the misdemeanors created by this act.

Which was agreed to-yeas 131, nays 44, as follow:

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 offense. be deemed guilty of a misdemeanor, 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. SEC. 3. That whenever, by or under the 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 YEAS-Messrs. Allison, Ambler, Ames, Armstrong, offer of any such citizen to perform the act reArnell, Asper, Atwood, Ayer, Banks, Barry, Beaman, quired to be done as aforesaid shall, if it fail to Beatty, Benjamin, Bennett, Benton, Bingham, Blair, be carried into execution by reason of the Booker, Boyd, George M. Brooks, Buck, Buckley, Buffinton. Burchard, Benjamin F. Butler, Cake, Cessna, Wrongful act or omission aforesaid of the person Churchill, William T. Clark, Sidney Clarke, Amasa or officer charged with the duty of receiving or Cobb, Coburn, Cook, Conger, Cowles, Dawes. Dickey, permitting such performance or offer to perform Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Gilfillan, Hale, or acting thereon, be deemed and held as a perHamilton. Harris, Hawley, Hay, Heflin, Hill, Hoar,formance in law of such act; and the person so Hooper, Hotchkiss, Ingersoll, Julian, Kelley, Kellogg, Kelsey, Ketcham, Laflin, Lash, Logan, Loughridge, Lynch, Maynard, McCarthy, McCrary, McGrew, MeKee, McKenzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Peck, Perce. Peters, Platt, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks. Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Cadwalader C. Washburn, Welker, Wheeler, Whitmore, Willard, Williams, John T. Wilson, Winans-131.

offering and failing as aforesaid and being otherwise qualified, shall be 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, regisfer, report, or give effect to the vote of any such citizen, who shall refuse or knowingly omit to receive, count, certify, register, report, or give 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 he was wrongfully prevented by such person or officer from performing such act, shall for every such offense 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 sub-counsel fees as the court shall deem just, and shall also, for every such offense, be guilty of a misdemeanor, 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.

NAYS-Messrs. Adams, Archer, Axtell, Barnum, Beck, Biggs, James Brooks, Burr, Conner, Crebs, Dickinson. Dox, Eldridge, Gibson, Griswold, Haight, Haldeman, Hamill, Hawkins, Holman, Knott, Lewis, Mayham, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Rice, Rogers, Schumaker, Sherrod, Slocum, Joseph S. Smith, Stiles, Swann, Sweeney, Trimble, Van Trump, Voorhees, Eugene M. Wilson, Winchester, Wood-44.

IN SENATE.

1870, May 18-Mr. Stewart moved to stitute the following:

That all citizens of the United States who are or shall be otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.

SEC. 2. That if, by or under the 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 as a prerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall be charged with the performance of duties in furnishing to citizens an opportunity to perform such prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote, without distinction of race, color, or previous condition of servitude; and if any such person or officer shall refuse or knowingly omit to give full effect to this section, he shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby,

SEC. 4. That if any person, by force, bribery, threats, intimidation, or otherwise, 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 offense 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 offense be guilty of a misdemeanor, 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.

SEC. 5. That any person who shall be deprived of any office, except that of member of Congress or member of a State legislature, by reason of the violation of the provisions of this act, shall be entitled to recover possession of such office by writ of mandamus or other appropriate proceeding; and the circuit and district courts of the United States shall have concurrent jurisdiction with the proper State courts of all cases arising under this section.

and the 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 county, or such portion of the land or naval forces of the United States or of the militia as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the XVth Amendment to the Constitution of the United States; and such warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued.

SEC. 6. That the district courts of the United | and other process as may be issued by them in States, within their respective districts, shall the lawful performance of their respective duties; have, exclusively of the courts of the several States, cognizance of all crimes and offenses committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, arising under this act, except as herein otherwise provided; and the jurisdiction hereby conferred shall be exercised in conformity with the laws and practice governing United States courts; and all crimes and offenses committed against the provisions of this act may be prosecuted by the indictment of a grand jury, or in cases of crimes and offenses not infamous the prosecution may be either by indictment or information filed by the district attorney in a court having jurisdiction.

SEC. 9. That any person who shall knowingly and willfully obstruct, hinder, or prevent any officer or other person charged with the execution of any warrant or process issued under the SEC. 7. That the district attorneys, marshals, provisions of this act, or any person or persons and deputy marshals of the United States, the lawfully assisting him or them, from arresting commissioners appointed by the circuit and ter- any person for whose apprehension such warrant ritorial courts of the United States, with powers or process may have been issued, or shall rescue of arresting, imprisoning, or bailing offenders or attempt to rescue such person from the cusagainst the laws of the United States, and every tody of the officer or other person or persons, or other officer who may be specially empowered by those lawfully assisting as aforesaid when so arthe President of the United States, shall be, and rested, pursuant to the authority herein given they are hereby, specially authorized and re- and declared, or shall aid, abet, or assist any quired, at the expense of the United States, to person so arrested as aforesaid, directly or indiinstitute proceedings against all and every person rectly, to escape from the custody of the officer who shall violate the provisions of this act, and or other person legally authorized as aforesaid, cause him or them to be arrested and imprisoned or shall harbor or conceal any person for whose or bailed, as the case may be, for trial, before such arrest a warrant or process shall have been issued court of the United States or territorial court as as aforesaid, so as to prevent his discovery and has cognizance of the offense. And with a view arrest after notice or knowledge of the fact that to afford reasonable protection to all persons in a warrant has been issued for the apprehension their constitutional right to vote, without distinc-of such person, shall for either of said offenses be tion 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 the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offenses created by this act, as they are authorized by law to exercise with regard to other offenses against the laws of the United States.

SEC. 8. 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 directed; 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, be fined in 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 the Constitution of the United States and the 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

subject to a fine not exceeding $1,000 and imprisonment not exceeding six months, by indictment and conviction before the district or circuit court of the United States for the district or circuit in which said offense may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States.

SEC. 10. That the commissioners, district attorneys, the marshals, their deputies, and the clerks of the said district, circuit, and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of $10 for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasona ble by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the

the discretion of the court, and shall pay the costs
of prosecution.
SEC.

That if any person shall prevent, hinder, control, or intimidate, or shall attempt to prevent, hinder, control, or intimidate, any person from exercising or in exercising the right of suffrage, to whom the right of suffrage is secured or guarantied by the XVth Amendment to the Constitution of the United States, by means of bribery, threats, or threats of depriving such person of employment or occupation, or of ejecting such erty, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $500 and be imprisoned not less than one month and not more than one year.

Which was agreed to-yeas 36, nays 9, as fol

That if at any registration of voters for an election for representative or delegate in the Congress of the United States, any person shall knowingly personate or register, or attempt to register, in the name of any other person, whether living, dead, or fictitious, or attempt to register at a place where he shall not be lawfully entitled to register, or register or attempt to reg-person from rented house, lands, or other propister not having a lawful right so to do, or do any unlawful act to secure registration for himself or any other person, or by force, threat, menace, intimidation, bribery, reward, or offer, or promise thereof, or otherwise, unlawfully prevent or hinder any person having a lawful right to register from duly exercising such right; or compel or induce by any such means, or otherwise, any officer of registration to admit to reg-low: istration any person not legally entitled thereto; or interfere in any manner with any officer of registration in the discharge of his duties; or by any such means, or otherwise, induce any officer of registration to violate or refuse to comply with his duty or any law regulating the same; or knowingly and willfully receive the vote of any person not entitled to vote, or refuse to receive the vote of any person entitled to vote, or aid, counsel, procure, or advise any such voter, person, or officer to do any act hereby made a crime, That no person shall enter into, hold, or to omit any act the omission of which is made or attempt to exercise the powers or perform a crime, every such person shall be deemed guilty, the duties of any office or public trust, which of a crime, and shall be liable to indictment and the Constitution or laws require to be filled by punishment therefor, as provided in the first sec-vote of the people, unless he shall have received tion of this act for persons guilty of any of the crimes therein specified.

YEAS-Messrs. Abbott, Anthony, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Hamlin, Harlan, Harris, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Ross, Sawyer, Scott, Spencer, Sprague, Stewart, Sumner, Thayer, Warner, Willey,

Williams, Yates-36.

NAYS-Messrs. Casserly, Davis, Fowler, Hamilton of

Maryland, Johnston, McCreery, Stockton, Thurman,
Vickers-9.

Mr. Davis moved to amend, by inserting the following additional section:

SEC. -.

at the election therefor a greater number of the

votes of the electors entitled to vote at such

SEC. -. That if any person shall, by force, election than any other candidate; and all perthreat, menace, intimidation, or otherwise, unsons entering into, holding, or attempting to exlawfully prevent any citizen or citizens from ercise the powers or perform the duties of such assembling in public meeting, to freely discuss office or public trust shall thereby commit a or hear discussed the claims or merits of any high misdemeanor, for which they shall be subcandidate for the office of President or Vice ject to indictment and punishment of imprisonPresident or elector thereof, or representative or ment for not less than one or more than five delegate in Congress, or of any officer of the years, and fine of not less than $1,000 or more Government of the United States; or the laws than $5,000, one-half thereof to go to the inor measures of Congress, or any measure ex- former; and all treasury officers settling, passing, isting, pending, or proposed, affecting the Govor paying any claim or account for pay or comernment of the United States, or any depart-pensation of any kind of any person entering ment or officer thereof; or if any person shall by into or holding, or attempting to exercise the any such means break up, disperse, or molest powers or perform the duties of any office or any such assemblage, or molest any citizen in or public trust, against the provisions of this secof such assemblage, every person so offending tion, shall be guilty of a misdemeanor, thereby shall be deemed guilty of a crime, and shall be forfeit and be disqualified to hold his place, and liable to indictment and punishment therefor, as be subject to indictment and punishment of improvided in the first section of this act for persons prisonment for not less than twelve months, and guilty of any of the crimes therein specified. fine of $1,000, one-half to the informer. All exercise the powers or perform the duties of any persons entering into, holding, or attempting to office or public trust, against the provisions of this section, shall also be subject to the civil suit of any person injured thereby.

Which was disagreed to.

Mr. Hamlin moved to add the first two sections proposed by Mr. Sherman, which was agreed to-yeas 31, nays 12, as follow:

YEAS-Messrs. Abbott, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Hamlin, Harlan, Harris, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Revels, Rice, Sawyer, Scott, Spencer, Sprague, Stewart, Sumner, Thayer, Warner, Yates-31.

NAYS-Messrs. Casserly, Davis, Fowler, Hamilton of

Maryland, Johnston, McCreery, Pool, Ross, Stockton,
Thurman, Vickers, Willey-12.

Mr. Morton moved to insert the following, to come in as the fifth section of the bill:

D

Which was disagreed to.

Mr. Pool moved to insert as sections 6 and 7 the following:

SEC. That if two or more persons shall band or conspire together, or go in disguise upon the public highway, or upon the premises of another, with intent to violate any provision of this act, or to injure, oppress, threaten, or intimidate any