« PreviousContinue »
HAND-BOOK OF POLITICS
MEMBERS OF FORTY-FIRST CONGRESS.
Third Session, December 5, 1870–March 3, 1871. Louisiana–John S. Harris, William P. Kel.
Ohio-John Sh an, Allen G. Thurman. SCHUYLER Colfax, of Indiana, Vice President Kentucky—Thomas C. McCreery, Garrett
Davis. of the United States, and President of the Senate.
Tennessee-Joseph S. Fowler, William G.
Brownlow. George C. Gorham, of California, Secretary.
Indiana-Oliver P. Morton, Daniel D. Maine-Lot M. Morrill, Hannibal Hamlin. Pratt. New Hampshire-Aaron H. Cragin, James W. Illinois-Richard Yates, Lyman Trumbull. Patterson.
Missouri- Francis P. Blair, jr., * Carl Schurz. Vermont-Justin S. Morrill, George F. Ed- Arkansas-Alexander McDonald, Benjamin munds.
F. Rice. Massachusetts—Henry Wilson, Charles Sum- Michigan - Jacob M. Howard, Zachariah
Chandler. Rhode Island—Henry B. Anthony, William Florida—Thomas W. Osborn, Abijah GilSprague.
bert. Connecticut-Orris S. Ferry, William A. Buck Texas-Morgan C. Hamilton, James W. Flanaingham.
gan. New York-Roscoe Conkling, Reuben E. Fen- Iowa-James B. Howell, James Harlan. ton.
Wisconsin, Timothy 0. Howe, Matthew H. New Jersey-Alexander G. Cattell, John P. Carpenter. Stockton.
California-Cornelius Cole, Eugene Casserly. Pennsylvania-Simon Cameron, John Scott. Minnesota–Ozora P. Stearns, † Alexander Delaware-Willard Saulsbury, Thomas F. Ramsey. Bayard.
Oregon-George H. Williams, Henry W. CorMaryland-George Vickers, William T. Ham. bett. ilton.
Kansas-Edmund G. Ross, Samuel C. PomeVirginia—John W. Johnston, John F. Lewis.
roy. North Carolina-Joseph C. Abbott, John West Virginia—Waitman T: Willey, Arthur I. Pool.
Boreman. South Carolina—Thomas J. Robertson, Fred- Nevada-James W. Nye, William M. Stewart.
erick A. Sawyer. Georgia*-H. V. M. Miller, Joshua Hill.
* Qualified January 25, 1871. in place of Daniel T Alabama, Willard Warner, George E. Spen- Jewett, wbo qualified December 22, 1870, under
executive appointment, to fill the vacancy caused Mississippi – Hiram R. Revels, Adelbert December 19, 1870, by the resignation of Charles D.
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 tho death of Daniel S. Norton, July 13, 1870.
Nebraska—John M. Thayer, Thomas W. Georgia*-William W. Paine, Richard H.
Whiteley, Marion Bethune, James F. Long,
M. B. Young.
Alabama, Alfred E. Buck, Charles W. BuckJAMES G. Blaine, of Maine, Speaker.
ley, Robert S. Heflin, Charles Hays, Peter Edward McPherson, of Pennsylvania, Clerk. M. Dox, William C. Sherrod. Maine-John Lynch, Samuel P. Morrill, James Mississippi-George E. Harris, Jos. I.. Mor
G. Blaine, John A. Peters, Eugene Hale. phis, Henry W. Barry, George C. McKee,
Louisiana-J. Hale Sypher, Lionel A. Shel. Vermont-Charles W. Willard, Luke P. Po- don, Chester B. Darrall, James P. Newland, Worthington C. Smith.
sham, Frank Morey: Massachusetts—James Bufinton, Oakes Ames, Ohio-Peter W. Strader, Job E. Stevenson, Girery, Twichell
, Samuel Hooper, Benjamin Robert C. Schenck,t William Lawrence, F. Butler, Nathaniel P. Banks, George M. William Mungen, John A. Smith, James Brooks, George F. Hoar, William B. Wash
J. Winans, John Beatty, Edward F. Dickinburn, Henry L. Dawes.
son, Erasmus D. Peck, John T. Wilson, Rhode Island-Thomas A. Jenckes, Nathan Philadelph Van Trump, George W. Morgan, F. Dixon.
Martin Welker, Eliakim H. Moore, John A. Connecticut-Julius L. Strong, Stephen W. Bingham, Jacob A. Ambler, William H.
Kellogg, Henry H. Starkweather, William Upson, James A. Garfield.
Kentucky-Lawrence S. Trimble, William N. New York-Henry A. Reeves, John G. Schu.
Sweeney, Joseph H. Lewis, J. Proctor Knott, maker, Henry W. Slocum, John Fox, John Boyd Winchester, Thomas L. Jones, James Morrissey, Samuel S. Cox, Hervey C. Cal. B. Beck, George M. Adams, John M. kin, James Brooks, Fernando Wood, Clark. Rice. son N. Potter, Charles H. Van Wyck, John Tennessee-Roderick R. Butler, Horace MayH. Ketcham, John A. Griswold, Stephen L. nard, William B. Stokes, Lewis Tillman, Mayham, Adolphus H. Tanner, Orange Fer- William F. Prosser, Samuel M. Arnell, riss, William A. Wheeler, Stephen Sanford, Isaac R. Hawkins, William J. Smith. Charles Knapp, Addison H. Laflin, Alexan Indiana—William E. Niblack, Michael C. der H. Bailey, John C. Churchill, Dennis Kerr, William S. Holman, George W. JuMcCarthy, George W. Cowles, William H. lian, John Coburn, Daniel W. Voorhees, Kelsey, Giles W. Hotchkiss, Hamilton Ward, Godlove S. Orth, James N. Tyner, John Charles H. Holmes, John Fisher, David S. P. C. Shanks, William Williams, Jasper Bennett, Porter Sheldon.
Packard. New Jersey-William Moore, Charles Haight, Illinois—Norman B. Judd, John F. FarnsJobn T. Bird, John Hill, Orestes Cleve
worth, Horatio C. Burchard, John B. Hawland.
ley, Ebon C. Ingersoll, Burton C. Cook, Jesse Pennsylvania—Samuel J. Randall, Charles H. Moore, Shelby M. Cullom, Thompson O'Neill, Leonard Myers, William D. Kel
W. McNeely, Albert G. Burr, Samuel S. ley, Caleb N. Taylor, John D. Stiles, Wash- Marshall, John B. Hay, John M. Crebs, John ington Townsend, J. Lawrence Getz, Oliver A. Logan. J. Dickey, Henry L. Cake, Daniel M. Van Missouri-Erastus Wells, Gustavus A. Fin. Auken, George W. Woodward, Ulysses kelnburg, James R. McCormick, SemproMercur, John B. Packer, Richard J. Halde- nius H. Boyd, Samuel S. Burdett, Robert T. man, John Cessna, Daniel J. Morrell, Wil. Van Horn, Joel F. Asper, John F. Benja. liam H. Armstrong, Glenni W. Scofield, min, David P. Dyer. Calvin W. Gilbillan, John Covode,* James Arkansas-Logan I. Roots, Anthony A. C.
S. Negley, Darwin Phelps, Joseph B. Donley. Rogers, Thomas Boles. Delaware-Benjamin T. Biggs.
Michigan-Fernando C. Beaman, William L. Maryland—Samuel Hambleton, Stevenson
Stoughton, Austin Blair, Thomas W. Ferry, Archer, Thomas Swann, Patrick Hamill, Omar D. Conger, Randolph Strickland. Frederick Stone.
Florida-Charles M. Hamilton. Virginia–Richard S. Ayer, James H. Platt, Texas-George W. Whitmore, John C. Conjr., Charles H. Porter, George W. Booker, ner, William T. Clark, Edward Degener. Richard T. W. Duke, † William Milnes, jr., Iowa-George W. McCrary, William P. Wolf, Lewis McKenzie, James K. Gibson. William B. Allison, William Loughridge, North Carolina—Clinton L. Cobb, Joseph Frank W. Palmer, Charles Pomeroy,
Dixon, Oliver H. Dockery, John Manning, Wisconsin-Halbert E. Paine; David Atwood, jr., Israel G. Lash, Francis E. Shober,
Amasa Cobb, Charles A. Eldredge, Philetus Alexander H. Jones.
Sawyer, Cadwalader C. Washburn. South Carolina—Joseph H. Rainey, Christo- California-Samuel B. Axtell, Aaron A. Sarpber C. Bowen, Solomon L. Hoge, Alex
gent, James A. Johnson. ander S. Wallace.
*Messrs. Price, Young, Bethune, and Long qual* Died January 11, 1871.
ified 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.
† Resigned, January 5,
Minnesota-Morton S. Wilkinson, Eugene M. West Virginia-Isaac H. Duval, James C. Wilson.
McGrew, John S. Witcher. Oregon-Joseph S. Smith.
Nevada—Thomas Fitch. Kansas-Sidney Clarke.
ENFORCEMENT LEGISLATION OF THE FORTY-FIRST
An Act to Enforce the Right to Vote. 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, An Act to amend an act approved May 31,
or to omit any act, the omission of which is 1870, entitled "An act to entorce the rights bereby made a crime, every such person shall of citizens of the United States to vote in be deemed guilty of a crime, and shall be liable the several States of this Union, and for to prosecution and punishment therefor as other purposes."
provided in section nineteen of said act of Be it enacted, &c., That section twenty of May 31, 1870, for persons guilty of any of the “Act to enforce the rights of citizens of the crimes therein specified: Provided, That the United States to vote in the several States every registration made under the laws of any of this Union, and for other purposes, ap- State or Territory for any State or other elecproved May 31, 1870,* shall be, and hereby is, tion at which such Representative or Dele. amended so as to read as follows:
gate in Congress shall be chosen, shall be "Sec. 20. That if any registration of voters deemed to be a registration within the mean. for an election for Representative or Delegate ing of this act, notwithstanding the same shall in the Congress of the United States, any per. also be made for the purposes of any State, son shall knowingly personate and register, or territorial, or municipal election.” 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 ibent, or evidence in relation thereto, shall from time to time, two citizens, residents of knowingly neglect or refuse to perform any said city or town, who shall be of different duty required by law, or violate any duty im- political parties, and able to read and write posed by law, or do any act unauthorized by the English language, and who shall be known law relating to or affecting such registration and designated as supervisors of election. And or election, or the result thereof, or any cer- the said circuit court, when opened by the said tificate, document, or evidence in relation circuit judge as required herein, shall there
* For copy of this act, see McPherson's History of from and thereafter, and up to and including Reconstruction, pp. 546-550.
the day following the day of election, be always open for the transaction of business under for 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, terri
SĒC. 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 regisized 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 ive election districts or voting precincts, on the when any name may or shall be received, day or days of registration, on the day or entered, or registered, and in such manner as days when registered voters may be marked will, in their or his judgment, detect and ex. to be challenged, and on the day or days of pose the improper or wrongful removal there. election, to take, occupy, and remain in such from, or addition thereto, in any way, of any 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 himselt 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 banner in which the gistration or voti 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 bal. tion 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, Iments shall have been wholly completed, any law of any State or Territory to the contrary | protect the supervisors of elections in the disnotwithstanding
name or names.
charge of their duties, preserve order at such Sec. 7. That if in any election district or places of registration and at such polls, prevoting precinct in any city, town, or village, vent fraudulent registration and fraudulent for which there shall have been appointed voting thereat, or fraudulent conduct on the supervisors of election for any election at part of any officer of election, and immedi. which a Representative or Delegate in Con. ately, either at said place of registration, or gress shall be voted for, the said supervisors polling-place, or elsewhere, and either before of election, or either of them, shall not be or after registering or voting; to arrest and allowed to exercise and discharge, fully and take into custody, with or without process, freely, and without bribery, solicitation, inter- any person who shall commit, or attempt or ference, hinderance, molestation, violence, or offer to commit, any of the acts or offenses threats thereof, on the part of or from any prohibited by this act, or the act hereby person or persons, each and every of the amended, or who shall commit any offense duties, obligations, and powers conferred upon against the laws of the United States: Prothem by this act and the act hereby amended, vided, That no person shall be arrested withit 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, the presence of the marshal or his general or under oath, within ten days after the day of special deputies, or either of them, or of the election, to the officer wbo, in accordance supervisors of election, or either of them, and, with the provisions of section thirteen of this for the purposes of arrest or the preservation act, shall have been designated as the chief of the peace, the supervisors of election, and supervisor of the judicial district in which the each of them, shall, in the absence of the marcity or town wherein they or he served shall shal's deputies, or if required to assist said be, of the manner and means by which they deputies, have the same duties and powers as were or he was not so allowed to fully and deputy marshals: And provided further, That freely exercise and discharge the duties and no person shall, on the day or days of any obligations required and imposed by this act. such election, be arrested without process for And upon receiving any such report it shall any offense committed on the day or days of be the duty of the said chief supervisor, acting registration. both in such capacity and officially as a com: Sec. 9. That whenever any arrest is made missioner of the circuit court, to forthwith under any provision of this act, the person so examine into all the facts thereof; to subpena arrested shall forth with be brought before a and compel the attendance before him of any commissioner, judge, or court of the United witnesses; administer oaths and take testi- States for examination of the offenses alleged mony in respect to the charges made; and against him; and such commissioner, judge, prior to the assembling of the Congress for or court shall proceed in respect thereto as which any such Representative or Delegate authorized by law in case of crimes against was voted for, to have filed with the Clerk of the United States. the House of Representatives of the Congress Sec. 10. That whoever, with or without any of the United States all the evidence by him authority, power, or process, or pretended taken, all information by him obtained, and all authority, power, or process, of any State, reports to him made.
territorial, or municipal authority, shall ob Sec. 8. That whenever an election at which struct, binder, assault, or by bribery, solicitaRepresentatives or Delegates in Congress are tion, or otherwise, interfere with or prevent to be chosen shall be held in any city or the supervisors of election, or either of them, town of twenty thousand inhabitants or up- or the marshal or his general or special depu: ward, the marshal of the United States for ties, or either of them, in the performance of the district in which said city or town is sit- any duty required of them, or either of them, uated shall have power, and it shall be his or which he or they, or either of them, may duty, on the application, in writing, of at least be authorized to perform by any law of the two citizens residing in any such city or town, United States, whether in the execution of to appoint special deputy marshals, whose duty process or otherwise, or shall by any of the it shall be, when required as provided in this means before mentioned, hinder or prevent act, to aid and assist the supervisors of elec- the free attendance and presence at such places tion in the verification of any list of persons of registration or at such polls of election, or made under the provisions of this act, who full and free access and egress to and from any may have registered, or voted, or either; to such place of registration or poll of election, attend in each election district or voting pre- or in going to and from any such place of cinct at the times and places fixed for the regis. registration or poll of election, or to and from tration of voters, and at all times and places any room where any such registration or elecwhen and where said registration may by law tion, or canvass of votes, or of making any be scrutinized, and the names of registered returns or certificates thereof, may be had, or voters be marked for challenge ; and also to shall molest, interfere with, remove, or eject attend, at all times for holding such elections, from any such place of registration or poll of the polls of the election in such district or election, or of canvassing votes cast thereat, precinct. And the marshal and his general or of making returns or certificates thereof, deputies, and such special deputies, shall have any supervisor of election, the marshal, or his power, and it shall be the duty of such special general or special deputies, or either of them, deputies, to keep the peace, and suppori and lor shall threaten, or attempt, or offer so to do,