Qualified January 23, 1871, in place of William Windom, who qualified December 5, 1870, under *Mr. Miller qualified February 24, 1871; Mr. Hill, executive appointment, to fill the vacancy caused February 1, 1871. by the death of Daniel S. Norton, July 13, 1870.

Nebraska-John M. Thayer, Thomas W. Georgia*-William W. Paine, Richard H. Tipton.

*Messrs. Price, Young, Bethune, and Long qualified January 16, 1871; Mr. Paine, January 23; Mr. To fill the vacancy caused by the death of Robert Corker, January 24, and Mr. Whiteley, February 9, Ridgway.

Minnesota-Morton S. Wilkinson, Eugene M. West Virginia-Isaac H. Duval, James C.

Wilson.
Oregon-Joseph S. Smith.

McGrew, John S. Witcher.
Nevada-Thomas Fitch.

Kansas-Sidney Clarke.

Nebraska-John Taffe.

II.

ENFORCEMENT LEGISLATION OF THE FORTY-FIRST CONGRESS.

An Act to Enforce the Right to Vote.

AN ACT to amend an act approved May 31, 1870, entitled "An act to enforce the rights of citizens of the United States to vote in the several States of this Union, and for other purposes."

Be it enacted, &c., That section twenty of the "Act to enforce the rights of citizens of the United States to vote in the several States of this Union, and for other purposes,' approved May 31, 1870,* shall be, and hereby is, amended so as to read as follows:

thereto, or if any person shall aid, counsel, procure, or advise any such voter, person, or officer to do any act hereby made a crime, or to omit any act, the omission of which is hereby made a crime, every such person shall be deemed guilty of a crime, and shall be liable to prosecution and punishment therefor as provided in section nineteen of said act of May 31, 1870, for persons guilty of any of the crimes therein specified: Provided, That every registration made under the laws of any State or Territory for any State or other election at which such Representative or Delegate in Congress shall be chosen, shall be deemed to be a registration within the meaning of this act, notwithstanding the same shall also be made for the purposes of any State, territorial, or municipal election."

"SEC. 20. That if any registration of voters for an election for Representative or Delegate in the Congress of the United States, any person shall knowingly personate and register, or attempt to register in the name of any other SEC. 2. That whenever in any city or town person, whether living, dead, or fictitious, or having upward of twenty thousand inhabitfraudulently register, or fraudulently attempt ants, there shall be two citizens thereof who, to register, not having a lawful right so to do; prior to any registration of voters for an elecor do any unlawful act to secure registration tion for Representative or Delegate in the for himself or any other person; or by force, Congress of the United States, or prior to any threat, menace, intimidation, bribery, reward, election at which a Representative or Delegate or offer, or promise thereof, or other unlawful in Congress is to be voted for, shall make means, prevent or hinder any person having a known in writing, to the judge of the circuit lawful right to register from duly exercising court of the United States for the circuit such right; or compel or induce by any of wherein such city or town shall be, their desire such means, or other unlawful means, any to have said registration, or said election, or officer of registration to admit to registration both, guarded and scrutinized, it shall be the any person not legally entitled thereto, or duty of the said judge of the circuit court, interfere in any manner with any officer of within not less than ten days prior to said regisregistration in the discharge of his duties, or tration, if one there be, or, if no registration by any such means, or other unlawful means, be required, within not less than ten days prior induce any officer of registration to violate or to said election, to open the said circuit court refuse to comply with his duty or any law regu: at the most convenient point in said circuit. lating the same; or if any such officer shall And the said court, when so opened by said knowingly and willfully register as a voter any judge, shall proceed to appoint and commisperson not entitled to be registered, or refuse sion, from day to day and from time to time, to so register any person entitled to be regis and under the band of the said circuit judge, tered; or if any such officer or other person and under the seal of said court, for each elec whose duty it is to perform any duty in relation district or voting precinct in each and tion to such registration or election, or to every such city or town as shall, in the manner ascertain, announce, or declare the result herein prescribed, have applied therefor, and thereof, or give or make any certificate, docu- to revoke, change, or renew said appointment ment, or evidence in relation thereto, shall from time to time, two citizens, residents of knowingly neglect or refuse to perform any duty required by law, or violate any duty imposed by law, or do any act unauthorized by law relating to or affecting such registration or election, or the result thereof, or any certificate, document, or evidence in relation *For copy of this act, see McPherson's History of

Reconstruction, pp. 546-550.

said city or town, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as supervisors of election. And the said circuit court, when opened by the said circuit judge as required herein, shall therefrom and thereafter, and up to and including the day following the day of election, be al

ways open for the transaction of business under or any State, territorial, or municipal law, and this act, and the powers and jurisdiction to personally inspect and scrutinize, from time hereby granted and conferred shall be exer- to time, and at all times, on the day of eleccised as well in vacation as in term time; and tion, the manner in which the voting is done, a judge sitting at chambers shall have the same and the way and method in which the pollpowers and jurisdiction, including the power books, registry-lists, and tallies or checkof keeping order and of punishing any con- books, whether the same are required by any tempt of his authority, as when sitting in court. law of the United States, or any State, terriSEC. 3. That whenever, from sickness, in- torial, or municipal law, are kept; and to the jury, or otherwise, the judge of the circuit end that each candidate for the office of Rep. court of the United States in any judicial cir- resentative or Delegate in Congress shall cuit shall be unable to perform and discharge obtain the benefit of every vote for him cast, the duties by this act imposed, it shall be his the said supervisors of election are, and each duty, and he is hereby required, to select and of them is, hereby required, in their or his to direct and assign to the performance thereof respective election districts or voting precincts, in his place and stead, such one of the judges to personally scrutinize, count, and canvass of the district courts of the United States each and every ballot in their or his election within his circuit as he shall deem best; and district or voting precinct cast, whatever may upon such selection and assignment being be the indorsement on said ballot, or in whatmade, it shall be lawful for, and shall be the ever box it may have been placed or be found; duty of, the district judge so designated to per- to make and forward to the officer who, in form and discharge, in the place and stead of accordance with the provisions of section thirthe said circuit judge, all the duties, powers, teen of this act, shall have been designated as and obligations imposed and conferred upon the the chief supervisor of the judicial district in said circuit judge by the provisions of this act. which the city or town wherein they or he SEC. 4. That it shall be the duty of the super- shall serve shall be, such certificates and revisors of election, appointed under this act, turns of all such ballots as said officer may and they and each of them are hereby author- direct and require, and to attach to the regis ized and required, to attend at all times and try-list, and any and all copies thereof, and to places fixed for the registration of voters, who, any certificate, statement, or return, whether being registered, would be entitled to vote for the same, or any part or portion thereof, be a Representative or Delegate in Congress, and required by any law of the United States, or to challenge any person offering to register; to of any State, territorial, or municipal law, any attend at all times and places when the names statement touching the truth or accuracy of of registered voters may be marked for chal- the registry, or the truth or fairness of the lenge, and to cause such names registered as election and canvass, which the said superthey shall deem proper to be so marked; to visors of election, or either of them, may make, when required, the lists, or either of desire to make or attach, or which should hem, provided for in section thirteen of this properly and honestly be made or attached, in act, and verify the same; and upon any occa-order that the facts may become known, any sion, and at any time when in attendance under law of any State or Territory to the contrary the provisions of this act, to personally inspect notwithstanding. and scrutinize such registry, and for purposes SEC. 6. That the better to enable the said of identification to affix their or his signature supervisors of election to discharge their to each and every page of the original list, and duties, they are, and each of them is, hereby of each and every copy of any such list of re-authorized and directed, in their or his respectgistered voters, at such times, upon each day when any name may or shall be received, entered, or registered, and in such manner as will, in their or his judgment, detect and expose the improper or wrongful removal therefrom, or addition thereto, in any way, of any

name or names.

ive election districts or voting precincts, on the day or days of registration, on the day or days when registered voters may be marked to be challenged, and on the day or days of election, to take, occupy, and remain in such position or positions, from time to time, whether before or behind the ballot-boxes, as SEC. 5. That it shall also be the duty of will, in their judgment, best enable them or the said supervisors of election, and they, him to see each person offering himself for and each of them, are hereby authorized and registration or offering to vote, and as will required, to attend at all times and places best conduce to their or his scrutinizing the for holding elections of Representatives or manner in which the registration or voting is Delegates in Congress, and for counting the being conducted; and at the closing of the votes cast at said elections; to challenge any polls for the reception of votes, they are, and vote offered by any person whose legal quali- each of them is, hereby required to place fications the supervisors, or either of them, themselves or himself in such position in relashall doubt; to be and remain where the baition to the ballot-boxes for the purpose of lot-boxes are kept at all times after the polls engaging in the work of canvassing the ballots are open until each and every vote cast at said in said boxes contained as will enable them or time and place shall be counted, the canvass him to fully perform the duties in respect to of all votes polled be wholly completed, and the such canvass provided in this act, and shall proper and requisite certificates or returns there remain until every duty in respect to made, whether said certificates or returns be such canvass, certificates, returns, and staterequired under any law of the United States, ments shall have been wholly completed, any

law of any State or Territory to the contrary protect the supervisors of elections in the disnotwithstanding.

charge of their duties, preserve order at such places of registration and at such polls, prevent fraudulent registration and fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediately, either at said place of registration, or polling-place, or elsewhere, and either before or after registering or voting, to arrest and take into custody, with or without process, any person who shall commit, or attempt or offer to commit, any of the acts or offenses prohibited by this act, or the act hereby amended, or who shall commit any offense against the laws of the United States: Provided, That no person shall be arrested with

SEC. 7. That if in any election district or voting precinct in any city, town, or village, for which there shall have been appointed supervisors of election for any election at which a Representative or Delegate in Congress shall be voted for, the said supervisors of election, or either of them, shall not be allowed to exercise and discharge, fully and freely, and without bribery, solicitation, interference, hinderance, molestation, violence, or threats thereof, on the part of or from any person or persons, each and every of the duties, obligations, and powers conferred upon them by this act and the act hereby amended, it shall be the duty of the supervisors of elec-out process for any offense not committed in tion, and each of them, to make prompt report, under oath, within ten days after the day of election, to the officer who, in accordance with the provisions of section thirteen of this act, shall have been designated as the chief supervisor of the judicial district in which the city or town wherein they or he served shall be, of the manner and means by which they were or he was not so allowed to fully and freely exercise and discharge the duties and obligations required and imposed by this act. And upon receiving any such report it shall be the duty of the said chief supervisor, acting both in such capacity and officially as a com missioner of the circuit court, to forthwith examine into all the facts thereof; to subpena and compel the attendance before him of any witnesses; administer oaths and take testimony in respect to the charges made; and prior to the assembling of the Congress for which any such Representative or Delegate was voted for, to have filed with the Clerk of the House of Representatives of the Congress of the United States all the evidence by him taken, all information by him obtained, and all reports to him made.

SEC. 8. That whenever an election at which Representatives or Delegates in Congress are to be chosen shall be held in any city or town of twenty thousand inhabitants or upward, the marshal of the United States for the district in which said city or town is situated shall have power, and it shall be his duty, on the application, in writing, of at least two citizens residing in any such city or town, to appoint special deputy marshals, whose duty it shall be, when required as provided in this act, to aid and assist the supervisors of election in the verification of any list of persons made under the provisions of this act, who may have registered, or voted, or either; to attend in each election district or voting precinct at the times and places fixed for the registration of voters, and at all times and places when and where said registration may by law be scrutinized, and the names of registered voters be marked for challenge; and also to attend, at all times for holding such elections, the polls of the election in such district or precinct. And the marshal and his general deputies, and such special deputies, shall have power, and it shall be the duty of such special deputies, to keep the peace, and support and

the presence of the marshal or his general or special deputies, or either of them, or of the supervisors of election, or either of them, and, for the purposes of arrest or the preservation of the peace, the supervisors of election, and each of them, shall, in the absence of the marshal's deputies, or if required to assist said deputies, have the same duties and powers as deputy marshals: And provided further, That no person shall, on the day or days of any such election, be arrested without process for any offense committed on the day or days of registration.

SEC. 9. That whenever any arrest is made under any provision of this act, the person so arrested shall forthwith be brought before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.

SEC. 10. That whoever, with or without any authority, power, or process, or pretended authority, power, or process, of any State, territorial, or municipal authority, shall ob struct, hinder, assault, or by bribery, solicitation, or otherwise, interfere with or prevent the supervisors of election, or either of them, or the marshal or his general or special depu ties, or either of them, in the performance of any duty required of them, or either of them, or which he or they, or either of them, may be authorized to perform by any law of the United States, whether in the execution of process or otherwise, or shall by any of the means before mentioned, hinder or prevent the free attendance and presence at such places of registration or at such polls of election, or full and free access and egress to and from any such place of registration or poll of election, or in going to and from any such place of registration or poll of election, or to and from any room where any such registration or election, or canvass of votes, or of making any returns or certificates thereof, may be had, or shall molest, interfere with, remove, or eject from any such place of registration or poll of election, or of canvassing votes cast thereat, or of making returns or certificates thereof, any supervisor of election, the marshal, or his general or special deputies, or either of them, or shall threaten, or attempt, or offer so to do,